The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 WESTERN DIVISION
11 Oscar Enrique Nuñez Euceda, CASE NO. 2:20-cv-10793 VAP (GJSx)
12 Plaintiff, [PROPOSED] STIPULATED
13 v. PROTECTIVE ORDER1
14 United States of America,
15 Defendant.
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28 1 This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Gail J. Standish’s Procedures.
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1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential, proprietary
3 or private information for which special protection from public disclosure and from use
4 for any purpose other than prosecuting this litigation may be warranted. Accordingly,
5 the parties hereby stipulate to and petition the Court to enter the following Stipulated
6 Protective Order. The parties acknowledge that this Order does not confer blanket
7 protections on all disclosures or responses to discovery and that the protection it affords
8 from public disclosure and use extends only to the limited information or items that are
9 entitled to confidential treatment under the applicable legal principles.
10 B. GOOD CAUSE STATEMENT
11 This action is likely to involve
12 (a) a trade secret or other confidential research, development, or commercial
13 information as such terms are used in Federal Rule of Civil Procedure 626(c)(1)(G);
14 (b) personal financial, medical or other private information relating to an
15 individual that would properly be redacted from any public court filing pursuant to
16 Federal Rule of Civil Procedure 5.2., including any document, information, or tangible
17 thing protected by the provisions of the Family and Educational Rights and Privacy Act,
18 20 U.S.C. § 1232g, 34 C.F.R. Part 99; certain individually identifiable health
19 information (defined as health information that is connected to a patient’s name, address,
20 Social Security number, or other identifying number, including Health Insurance Claim
21 (HIC) number) that may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a;
22 the provisions of 45 C.F.R. §§ 164.102-164.534 (regulations promulgated pursuant to
23 the Health Insurance Portability and Accountability Act (HIPAA)); or health
24 information for which there may be no waiver by the patient to produce the records to
25 an entity outside one of the Parties;
26 (c) information protected by the provisions of the Privacy Act of 1974, 5 U.S.C
27 § 552a;
28
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11 (d) information contained in individual detainee files (e.g., “A Files”) that
22 would be protected by the Privacy Act or any other information or documents that would
33 be covered by the Privacy Act if the subject of the information had been a U.S. citizen
44 or a person lawfully admitted for permanent residence;
55 (e) plaintiffs’ administrative tort claims (Standard Form 95 or “SF-95”) and
66 attachments to those claims;
77 (f) sensitive information about Defendant’s law enforcement or national
88 security staffing, resources, intelligence and/or methods (including the names and
99 contact information of third parties, and non-supervisory federal and non-federal
1100 employees), the release of which to the public may adversely impact identifiable law
1111 enforcement or national security interests;
1122 (g) information pertaining to applications for asylum or withholding of
1133 removal, which are subject to disclosure conditions under 8 C.F.R. §§ 1003.27(c) and
1144 1208.6(a), as well as information pertaining to: (1) applications for Temporary Protected
1155 Status under 8 U.S.C. § 1254a; and (2) information that relates to an alien who is the
1166 beneficiary of an application for relief under 8 U.S.C. §§ 1101(a)(15)(T), (15)(U), (51)
1177 or 15 1229b(b)(2);
1188 (h) documents that were produced in other District Court actions that are
1199 subject to protective orders entered into by other District Courts; and
2200 (i) any other information that is protected or restricted from disclosure by
2211 Court order, statutes, rules, or regulations, including, but not limited to: 8 U.S.C. §§
2222 1160(b)(5); 1186a(c)(4), 1202(f), 1254a(c)(6), 1255a(c)(4), (5); 304(b), and 1367(a)(2),
2233 (b), (c), (d); 22 U.S.C. § 7105(c)(1)(C); 8 C.F.R. 20 §§ 208.6, 210.2(e), 214.11(e),
2244 214.14(e), 216.5(e)(3)(viii), 236.6, 244.16, 245a.2(t), 245a.3(n), 245a.21, 1003.27(b)-
2255 (d), 1003.46, 1208.6, 28 C.F.R.§ 0.29f, which otherwise could subject either party to
2266 civil or criminal penalties or other sanctions in the event of unauthorized disclosure.
2277 Accordingly, to expedite the flow of information, to facilitate the prompt
2288 resolution of disputes over confidentiality of discovery materials, to adequately protect
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11 information the parties are entitled to keep confidential, to ensure that the parties are
22 permitted reasonable necessary uses of such material in preparation for and in the
33 conduct of trial, to address their handling at the end of the litigation, and serve the ends
44 of justice, a protective order for such information is justified in this matter. It is the intent
55 of the parties that information will not be designated as confidential for tactical reasons
66 and that nothing be so designated without a good faith belief that it has been maintained
77 in a confidential, non-public manner, and there is good cause why it should not be part
88 of the public record of this case.
99 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
1100 The parties further acknowledge, as set forth in Section 12.3, below, that this
1111 Stipulated Protective Order does not entitle them to file confidential information under
1122 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
1133 standards that will be applied when a party seeks permission from the court to file
1144 material under seal.
1155 There is a strong presumption that the public has a right of access to judicial
1166 proceedings and records in civil cases. In connection with non-dispositive motions, good
1177 cause must be shown to support a filing under seal. See Kamakana v. City and County
1188 of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307
1199 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D.
2200 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause
2211 showing), and a specific showing of good cause or compelling reasons with proper
2222 evidentiary support and legal justification, must be made with respect to Protected
2233 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure
2244 or Discovery Material as CONFIDENTIAL does not— without the submission of
2255 competent evidence by declaration, establishing that the material sought to be filed under
2266 seal qualifies as confidential, privileged, or otherwise protectable—constitute good
2277 cause.
2288
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11 Further, if a party requests sealing related to a dispositive motion or trial, then
22 compelling reasons, not only good cause, for the sealing must be shown, and the relief
33 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
44 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
55 of information, document, or thing sought to be filed or introduced under seal in
66 connection with a dispositive motion or trial, the party seeking protection must articulate
77 compelling reasons, supported by specific facts and legal justification, for the requested
88 sealing order. Again, competent evidence supporting the application to file documents
99 under seal must be provided by declaration.
1100 Any document that is not confidential, privileged, or otherwise protectable in its
1111 entirety will not be filed under seal if the confidential portions can be redacted. If
1122 documents can be redacted, then a redacted version for public viewing, omitting only
1133 the confidential, privileged, or otherwise protectable portions of the document, shall be
1144 filed. Any application that seeks to file documents under seal in their entirety should
1155 include an explanation of why redaction is not feasible.
1166 2. DEFINITIONS
1177 2.1 Action: Euceda v. United States, 2:20-cv-10793 VAP (GJSx)
1188 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
1199 information or items under this Order.
2200 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
2211 it is generated, stored or maintained) or tangible things that qualify for protection under
2222 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
2233 Statement.
2244 2.4 Counsel: Outside Counsel of Record and House Counsel, (as well as their
2255 support staff).
2266 2.5 Designating Party: a Party or Non-Party that designates information or
2277 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL,”
2288 their respective agents, successors, personal representatives and assignees.
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11 2.6 Disclosure or Discovery Material: all items or information, regardless of
22 the medium or manner in which it is generated, stored, or maintained (including, among
33 other things, testimony, transcripts, and tangible things), that are produced or generated
44 in disclosures or responses to discovery in this matter.
55 2.7 Expert: a person with specialized knowledge or experience in a matter
66 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
77 expert witness or as a consultant in this Action.
88 2.8 House Counsel: attorneys who are employees of a party to this Action.
99 House Counsel does not include Outside Counsel of Record or any other outside counsel.
1100 2.9 Non-Party: any natural person, partnership, corporation, association or
1111 other legal entity not named as a Party to this action.
1122 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
1133 this Action but are retained to represent or advise a party to this Action and have
1144 appeared in this Action on behalf of that party or are affiliated with a law firm that has
1155 appeared on behalf of that party, and includes support staff.
1166 2.11 Party: any party to this Action, including all of its officers, directors,
1177 employees, consultants, retained experts, and Outside Counsel of Record (and their
1188 support staffs).
1199 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
2200 Discovery Material in this Action.
2211 2.13 Professional Vendors: persons or entities that provide litigation support
2222 services (e.g., photocopying, videotaping, translating, preparing exhibits or
2233 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
2244 their employees and subcontractors.
2255 2.14 Protected Material: any Disclosure or Discovery Material that is designated
2266 as “CONFIDENTIAL INFORMATION.”
2277
2288
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11 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
22 from a Producing Party, their respective agents, successors, personal representatives,
33 and assignees.
44 3. SCOPE
55 The protections conferred by this Stipulation and Order cover not only Protected
66 Material (as defined above), but also (1) any information copied or extracted from
77 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
88 Material; and (3) any testimony, conversations, or presentations by Parties or their
99 Counsel that might reveal Protected Material.
1100 Any use of Protected Material at trial shall be governed by the orders of the trial
1111 judge. This Order does not govern the use of Protected Material at trial but the parties
1122 reserve the right to seek relief from the Court in connection with the intended use of
1133 Confidential Information in any such hearing or trial.
1144 4. DURATION
1155 FINAL DISPOSITION of the action is defined as the conclusion of any appellate
1166 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.
1177 Except as set forth below, the terms of this protective order apply through FINAL
1188 DISPOSITION of the action. The parties may stipulate that they will be contractually
1199 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to
2200 file a separate action for enforcement of the agreement once all proceedings in this case
2211 are complete.
2222 Once a case proceeds to trial, information that was designated as
2233 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as
2244 an exhibit at trial becomes public and will be presumptively available to all members of
2255 the public, including the press, unless compelling reasons supported by specific factual
2266 findings to proceed otherwise are made to the trial judge in advance of the trial. See
2277 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
2288 documents produced in discovery from “compelling reasons” standard when merits-
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11 related documents are part of court record). Accordingly, for such materials, the terms
22 of this protective order do not extend beyond the commencement of the trial.
33 5. DESIGNATING PROTECTED MATERIAL
44 5.1 Exercise of Restraint and Care in Designating Material for Protection.
55 Each Party or Non-Party that designates information or items for protection under
66 this Order must take care to limit any such designation to specific material that qualifies
77 under the appropriate standards. The Designating Party must designate for protection
88 only those parts of material, documents, items or oral or written communications that
99 qualify so that other portions of the material, documents, items or communications for
1100 which protection is not warranted are not swept unjustifiably within the ambit of this
1111 Order.
1122 Except with respect to the documents referenced in Paragraph 1(B)(h) supra,
1133 routinized designations are prohibited, subject to any agreements of the Parties relating
1144 to specific requests as reflected in section 5.2(a) – (b) herein or otherwise, provided
1155 however that Plaintiff does not waive his right to challenge confidentiality designations
1166 to specific documents on any grounds, including but limited to grounds that the
1177 designations are routinized, indiscriminate, or overinclusive. Designations that are
1188 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
1199 unnecessarily encumber the case development process or to impose unnecessary
2200 expenses and burdens on other parties) may expose the Designating Party to sanctions.
2211 A Receiving Party may request the Designating Party to identify whether a
2222 Document labeled “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” is
2233 confidential in total or only in part. Within 14 days of the request, the Receiving Party
2244 and the Designating Party shall confer in good faith to resolve any Receiving Party’s
2255 request for such identification. The parties shall memorialize in writing any
2266 identification of Confidential Information that results from the meet and confer. If the
2277 parties cannot resolve the request to the Receiving Party’s satisfaction during their
2288
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11 conference, the Receiving Party may challenge the designation in accordance with
22 paragraph 6 of this Order.
33 If it comes to a Designating Party’s attention that information or items that it
44 designated for protection do not qualify for protection, that Designating Party must
55 promptly notify all other Parties that it is withdrawing the inapplicable designation.
66 5.2 Manner and Timing of Designations. Except as otherwise provided in this
77 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
88 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
99 must be clearly so designated before the material is disclosed or produced.
1100 Designation in conformity with this Order requires:
1111 (a) for information in documentary form (e.g., paper or electronic documents,
1122 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
1133 Producing Party affix at a minimum, the legend “CONFIDENTIAL-SUBJECT TO
1144 PROTECTIVE ORDER” (hereinafter “CONFIDENTIAL legend”), to each page that
1155 contains protected material. Except with respect to the documents referenced in
1166 Paragraph 1(B)(h) supra, if only a portion of the material on a page qualifies for
1177 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,
1188 by making appropriate markings in the margins), provided however that Plaintiff does
1199 not waive his right to challenge confidentiality designations to specific documents on
2200 any grounds, including but limited to grounds that the designations are routinized,
2211 indiscriminate, or overinclusive. The Parties have expressly agreed that the Defendant
2222 shall produce the documents requested by Plaintiff’s First Requests for Production of
2233 Documents, Request No. 1 as they were produced in the other cases, and Defendant need
2244 not identify protected portions of those documents in compliance with the proceeding
2255 provision to the extent that the Defendant did not do so in its prior productions.
2266 A Party or Non-Party that makes original documents available for inspection need
2277 not designate them for protection until after the inspecting Party has indicated which
2288 documents it would like copied and produced. During the inspection and before the
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11 designation, all of the material made available for inspection shall be deemed
22 “CONFIDENTIAL INFORMATION.” After the inspecting Party has identified the
33 documents it wants copied and produced, the Producing Party must determine which
44 documents, or portions thereof, qualify for protection under this Order. Then, before
55 producing the specified documents, the Producing Party must affix the
66 “CONFIDENTIAL legend” to each page that contains Protected Material. Except as
77 provided above, if only a portion of the material on a page qualifies for protection, the
88 Producing Party also must clearly identify the protected portion(s) (e.g., by making
99 appropriate markings in the margins).
1100 (b) for testimony given in depositions that the Designating Party identifies the
1111 Disclosure or Discovery Material on the record, before the close of the deposition all
1122 protected testimony.
1133 (c) for information produced in some form other than documentary and for any
1144 other tangible items, that the Producing Party affix in a prominent place on the exterior
1155 of the container or containers in which the information is stored the CONFIDENTIAL
1166 legend. If only a portion or portions of the information warrants protection, the
1177 Producing Party, to the extent practicable, shall identify the protected portion(s).
1188 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
1199 to designate qualified information or items does not, standing alone, waive the
2200 Designating Party’s right to secure protection under this Order for such material. Upon
2211 timely correction of a designation, the Receiving Party must make reasonable efforts to
2222 assure that the material is treated in accordance with the provisions of this Order.
2233 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2244 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
2255 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
2266 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
2277 process under Local Rule 37.1 et seq.
2288
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11 6.3 The burden of persuasion in any such challenge proceeding shall be on the
22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
33 to harass or impose unnecessary expenses and burdens on other parties) may expose the
44 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
55 the confidentiality designation, all parties shall continue to afford the material in
66 question the level of protection to which it is entitled under the Producing Party’s
77 designation until the Court rules on the challenge.
88 7. ACCESS TO AND USE OF PROTECTED MATERIAL
99 7.1 Basic Principles. A Receiving Party may use Protected Material that is
1100 disclosed or produced by another Party or by a Non-Party in connection with this Action
1111 only for prosecuting, defending or attempting to settle this Action. Such Protected
1122 Material may be disclosed only to the categories of persons and under the conditions
1133 described in this Order. When the Action has been terminated, a Receiving Party must
1144 comply with the provisions of section 13 below (FINAL DISPOSITION).
1155 Protected Material must be stored and maintained by a Receiving Party at a
1166 location and in a secure manner that ensures that access is limited to the persons
1177 authorized under this Order.
1188 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
1199 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
2200 may disclose any information or item designated “CONFIDENTIAL” only to:
2211 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
2222 employees of said Outside Counsel of Record to whom it is reasonably necessary to
2233 disclose the information for this Action;
2244 (b) the officers, directors, and employees (including House Counsel) of the
2255 Receiving Party to whom disclosure is reasonably necessary for this Action;
2266 (c) Experts (as defined in this Order) of the Receiving Party to whom
2277 disclosure is reasonably necessary for this Action and who have signed the
2288 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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11 (d) the court and its personnel;
22 (e) court reporters and their staff;
33 (f) professional trial consultants and Professional Vendors to whom disclosure
44 is reasonably necessary for this Action and who have signed the “Acknowledgment and
55 Agreement to Be Bound” (Exhibit A);
66 (g) the author or recipient of a document containing the information or a
77 custodian or other person who otherwise possessed or knew the information;
88 (h) during their depositions, witnesses, and attorneys for witnesses, in the
99 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
1100 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not
1111 be permitted to keep any confidential information unless they sign the
1122 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
1133 by the Designating Party or ordered by the court. Pages of transcribed deposition
1144 testimony or exhibits to depositions that reveal Protected Material may be separately
1155 bound by the court reporter and may not be disclosed to anyone except as permitted
1166 under this Stipulated Protective Order; and
1177 (i) any mediator or settlement officer, and their supporting personnel, mutually
1188 agreed upon by any of the parties engaged in settlement discussions.
1199 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
2200 IN OTHER LITIGATION
2211 If a Party is served with a subpoena or a court order issued in other litigation, or
2222 otherwise compelled to respond to a request pursuant to existing independent statutory,
2233 law enforcement, national security or regulatory obligations imposed on a party, that
2244 compels disclosure of any information or items designated in this Action as
2255 “CONFIDENTIAL-INFORMATION,” that Party must:
2266 (a) promptly notify in writing the Designating Party. Such notification shall
2277 include a copy of the subpoena or court order;
2288
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11 (b) promptly notify in writing the party who caused the subpoena or order to
22 issue in the other litigation that some or all of the material covered by the subpoena or
33 order is subject to this Protective Order. Such notification shall include a copy of this
44 Stipulated Protective Order; and
55 (c) cooperate with respect to all reasonable procedures sought to be pursued by
66 the Designating Party whose Protected Material may be affected.
77 If the Designating Party timely seeks a protective order, the Party served with the
88 subpoena or court order shall not produce any information designated in this action as
99 “CONFIDENTIAL INFORMATION” before a determination by the court from which
1100 the subpoena or order issued, unless the Party has obtained the Designating Party’s
1111 permission. The Designating Party shall bear the burden and expense of seeking
1122 protection in that court of its confidential material and nothing in these provisions should
1133 be construed as authorizing or encouraging a Receiving Party in this Action to disobey
1144 a lawful directive from another court.
1155 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
1166 PRODUCED IN THIS LITIGATION
1177 (a) The terms of this Order are applicable to information produced by a Non-
1188 Party in this Action and designated as “CONFIDENTIAL INFORMATION.” Such
1199 information produced by Non-Parties in connection with this litigation is protected by
2200 the remedies and relief provided by this Order. Nothing in these provisions should be
2211 construed as prohibiting a Non-Party from seeking additional protections.
2222 (b) In the event that a Party is required, by a valid discovery request, to produce
2233 a Non-Party’s confidential information in its possession, and the Party is subject to an
2244 agreement with the Non-Party not to produce the Non-Party’s confidential information,
2255 then the Party shall:
2266 (1) promptly notify in writing the Requesting Party and the Non-Party that
2277 some or all of the information requested is subject to a confidentiality agreement with a
2288 Non-Party;
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11 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
22 Order in this Action, the relevant discovery request(s), and a reasonably specific
33 description of the information requested; and
44 (3) make the information requested available for inspection by the Non-Party,
55 if requested.
66 (c) If the Non-Party fails to seek a protective order from this court within 14
77 days of receiving the notice and accompanying information, the Receiving Party may
88 produce the Non-Party’s confidential information responsive to the discovery request. If
99 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
1100 information in its possession or control that is subject to the confidentiality agreement
1111 with the Non-Party before a determination by the court. Absent a court order to the
1122 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
1133 court of its Protected Material.
1144 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
1155 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
1166 Protected Material to any person or in any circumstance not authorized under this
1177 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
1188 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
1199 all unauthorized copies of the Protected Material, (c) inform the person or persons to
2200 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
2211 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
2222 that is attached hereto as Exhibit A.
2233 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2244 PROTECTED MATERIAL
2255 When a Producing Party gives notice to Receiving Parties that certain
2266 inadvertently produced material is subject to a claim of privilege or other protection, the
2277 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
2288 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
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11 established in an e-discovery order that provides for production without prior privilege
22 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the Parties reach
33 an agreement on the effect of disclosure of a communication or information covered by
44 applicable privileges and immunities, the Parties may incorporate their agreement in the
55 stipulated protective order submitted to the Court.
66 12. MISCELLANEOUS
77 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
88 person to seek its modification by the Court in the future.
99 12.2 Right to Assert Other Objections. By stipulating to the entry of this
1100 Protective Order, no Party waives any right it otherwise would have to object to
1111 disclosing or producing any information or item on any ground not addressed in this
1122 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground
1133 to use in evidence of any of the material covered by this Protective Order.
1144 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
1155 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed
1166 under seal pursuant to a court order authorizing the sealing of the specific Protected
1177 Material at issue. If a Party’s request to file Protected Material under seal is denied by
1188 the court, then the Receiving Party may file the information in the public record unless
1199 otherwise instructed by the court.
2200 13. FINAL DISPOSITION
2211 After the final disposition of this Action, as defined in paragraph 4, within 60 days
2222 of a written request by the Designating Party, each Receiving Party must return all
2233 Protected Material to the Producing Party or destroy such material. As used in this
2244 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
2255 summaries, and any other format reproducing or capturing any of the Protected Material.
2266 Whether the Protected Material is returned or destroyed, the Receiving Party must
2277 submit a written certification to the Producing Party (and, if not the same person or
2288 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
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11 where appropriate) all the Protected Material that was returned or destroyed and (2)
22 affirms that the Receiving Party has not retained any copies, abstracts, compilations,
33 summaries or any other format reproducing or capturing any of the Protected Material.
44 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
55 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
66 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
77 consultant and expert work product, even if such materials contain Protected Material.
88 Any such archival copies that contain or constitute Protected Material remain subject to
99 this Protective Order as set forth in Section 4 (DURATION).
1100 Attorneys for the United States may maintain copies of any documents designated
1111 Confidential in their case file for this case, and may maintain copies of any notes or
1122 summaries containing such Confidential Information in their case file for this case,
1133 pursuant to 44 U.S.C. § 3101, et seq., and 5 U.S.C. § 552, et seq.
1144 14. VIOLATION
1155 Any violation of this Order may be punished by appropriate measures including,
1166 without limitation, contempt proceedings and/or monetary sanctions.
1177 15. PRIVACY ACT
1188 The United States is authorized in this action to produce personal identifying
1199 information contained within electronically stored information or hard copy documents
2200 to Plaintiff’s counsel under the Privacy Act. Any electronically stored information or
2211 hard copy documents containing such personal identifying information will be deemed
2222 Confidential Information, regardless of whether the electronically stored information or
2233 hard copy documents are marked with a CONFIDENTIAL legend designating the
2244 information as Confidential Information. This is an order of a court of competent
2255 jurisdiction. 5 U.S.C. § 552a(b)(11).
2266 16. HIPAA
2277 The Court further finds that this Order is a “qualified protective order” within the
2288 meaning of 45 C.F.R. § 164.512(e)(1)(v). All patient identifiable information shall be
15
Cage 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page □□ o0f18 Page ID #:302
1 | designated as Confidential Information and may be used or disclosed in accordance with
2 || the terms of this Protective Order and 45 C.F.R. § 164.512(e)(1)(v).
3] 17. APPLICABILITY TO PARTIES LATER JOINED.
4 If additional persons or entities become parties to this Action, they must not be
5 || provided access to any Confidential Information until they execute and file with the
6 || Court their written agreement to be bound by the provisions of this Order.
7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9 || Dated: June 16, 2022 GIBSON, DUNN & CRUTCHER LLP
10
11 By: /s/ Thomas Manakides
D THOMAS MANAKIDES
1B Attorneys for Oscar Enrique Nufiez Euceda
Dated: June 16, 2022 TRACY L. WILKISON
14 Acting United States Attorney
DAVID M. HARRIS
15 Assistant United States Attorney
Chief, Civil Division
16 JOANNE S. OSINOFF
Assistant United States Attorney
17 Chief, General Civil Section
18 /s/ David Pinchas
DAVID PINCHAS
19 TALYA SEIDMAN
20 Assistant United States Attorney
51 Attorneys for Federal Defendant
22
23 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
25 || DATED: June 22, 2022
26
17 HON? GAIL J. STANDISH
United States Magistrate Judge
28
16
Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 18 of 18 Page ID #:303
11 EXHIBIT A
22 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
33
44 I, _____________________________ [print or type full name], of
55 _________________ [print or type full address], declare under penalty of perjury that I
66 have read in its entirety and understand the Stipulated Protective Order that was issued
77 by the United States District Court for the Central District of California on [date] in the
88 case of ___________ Euceda v. United States, No. 2:20-CV10793-VAP (GJSx). I agree
99 to comply with and to be bound by all the terms of this Stipulated Protective Order and
1100 I understand and acknowledge that failure to so comply could expose me to sanctions
1111 and punishment in the nature of contempt. I solemnly promise that I will not disclose in
1122 any manner any information or item that is subject to this Stipulated Protective Order to
1133 any person or entity except in strict compliance with the provisions of this Order.
1144 I further agree to submit to the jurisdiction of the United States District Court for
1155 the Central District of California for enforcing the terms of this Stipulated Protective
1166 Order, even if such enforcement proceedings occur after termination of this action. I
1177 hereby appoint __________________________ [print or type full name] of
1188 _______________________________________ [print or type full address and
1199 telephone number] as my California agent for service of process in connection with this
2200 action or any proceedings related to enforcement of this Stipulated Protective Order.
2211 Date: __________________________
2222 City and State where sworn and signed: __________________________
2233 Printed name: __________________________
2244 Signature: __________________________
2255
2266
2277
2288
17