Opinion

Palm Communities v. Centerline Housing Partnership I, L.P. Series 2

Court
District Court, C.D. California
Filed
Jul 1, 2022
Cited by
0 cases
Authority
More cited than 16.4%

distinguishing “good cause” showing 8 for sealing documents produced in discovery from “compelling reasons” standard when 9 merits-related documents are part of court record

How later courts described this case

  • distinguishing “good cause” showing 8 for sealing documents produced in discovery from “compelling reasons” standard when 9 merits-related documents are part of court record
  • even stipulated protective orders 8 require good cause showing

Written by the judges who cited it.

The opinion

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 1 of 15 Page ID #:889

1

2

3

UNITED STATES DISTRICT COURT

4

CENTRAL DISTRICT OF CALIFORNIA

5

SOUTHERN DIVISION

6

PALM COMMUNITIES, f/k/a PALM Case No. 8:22-CV-00296-JVS-JDE

7 DESERT DEVELOPMENT COMPANY, a

California corporation; and

8 HOUSING CORPORATION OF STIPULATED PROTECTIVE

AMERICA, a Utah non-profit corporation, ORDER

9

Plaintiffs,

10

v.

11

CENTERLINE HOUSING

12 PARTNERSHIP I, L.P. – SERIES 2, f/k/a

RELATED CAPITAL HOUSING

13 PARTNERSHIP I, L.P. – SERIES 2, a

Delaware limited partnership; RCHP SLP I

14 L.P. – SERIES 2, a Delaware limited

partnership; ALDEN TORCH FINANCIAL

15 LLC, Delaware limited liability company;

and MACATAWA HOLDINGS LLC, a

16 Delaware limited liability company,

17 Defendants,

18 and

19 CENTERLINE HOUSING

PARTNERSHIP I, L.P. – SERIES 2, f/k/a

20 RELATED CAPITAL HOUSING

PARTNERSHIP I, L.P. – SERIES 2, a

21 Delaware limited partnership; and RCHP

SLP I L.P. – SERIES 2, a Delaware limited

22 partnership,

23 Counterclaimants,

24 v.

25 PALM COMMUNITIES, f/k/a PALM

DESERT DEVELOPMENT COMPANY, a

26 California corporation,

27 Counter-Defendant.

28

STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 2 of 15 Page ID #:890

1 Pursuant to the Parties Stipulation, the Court finds and orders as follows.

2 1. PURPOSES AND LIMITATIONS

3 Discovery in this action is likely to involve production of confidential,

4 proprietary, or private information for which special protection from public disclosure

5 and from use for any purpose other than pursuing this litigation may be warranted.

6 Accordingly, the Parties hereby stipulate and petition the Court to enter the following

7 Stipulated Protective Order. The Parties acknowledge that this Order does not confer

8 blanket protections on all disclosures or responses to discovery and that the protection it

9 affords from public disclosure and use extends only to the limited information or items

10 that are entitled to confidential treatment under the applicable legal principles.

11 2. GOOD CAUSE STATEMENT

12 This action is likely to involve confidential valuation, commercial, financial, and

13 business information for which special protection from public disclosure and from use

14 for any purpose other than prosecution of this action is warranted. Accordingly, to

15 expedite the flow of information, to facilitate the prompt resolution of disputes over

16 confidentiality of discovery materials, to adequately protect information the Parties are

17 entitled to keep confidential, to ensure that the Parties are permitted reasonable

18 necessary uses of such material in preparation for and in the conduct of trial, to address

19 their handling at the end of the litigation, and to serve the ends of justice, a protective

20 order for such information is justified in this matter. It is the intent of the Parties that

21 information will not be designated as confidential for tactical reasons and that nothing

22 will be so designated without a good faith belief that it has been maintained in a

23 confidential, non-public manner, and there is good cause why it should not be part of

24 the public record of this case.

25 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

26 The Parties further acknowledge, as set forth in Section 14.3 below, that this

27 Stipulated Protective Order does not entitle them to file confidential information under

28 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 3 of 15 Page ID #:891

1 standards that will be applied when a party seeks permission from the court to file

2 material under seal. There is a strong presumption that the public has a right of access

3 to judicial proceedings and records in civil cases. In connection with non-dispositive

4 motions, good cause must be shown to support a filing under seal. See Kamakana v.

5 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

6 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony

7 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

8 require good cause showing), and a specific showing of good cause or compelling

9 reasons with proper evidentiary support and legal justification, must be made with

10 respect to Protected Material that a party seeks to file under seal. The Parties’ mere

11 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

12 without the submission of competent evidence by declaration, establishing that the

13 material sought to be filed under seal qualifies as confidential, privileged, or otherwise

14 protectable—constitute good cause.

15 Further, if a Party requests sealing related to a dispositive motion or trial, then

16 compelling reasons, not only good cause, for the sealing must be shown, and the relief

17 sought shall be narrowly tailored to serve the specific interest to be protected. See

18 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

19 or type of information, document, or thing sought to be filed or introduced under seal,

20 the party seeking protection must articulate compelling reasons, supported by specific

21 facts and legal justification, for the requested sealing order. Again, competent evidence

22 supporting the application to file documents under seal must be provided by

23 declaration.

24 Any document that is not confidential, privileged, or otherwise protectable in its

25 entirety will not be filed under seal if the confidential portions can be redacted. If

26 documents can be redacted, then a redacted version for public viewing, omitting only

27 the confidential, privileged, or otherwise protectable portions of the document, shall be

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 4 of 15 Page ID #:892

1 filed. Any application that seeks to file documents under seal in their entirety should

2 include an explanation of why redaction is not feasible.

3 4. DEFINITIONS

4 4.1 Action: this pending federal lawsuit.

5 4.2 Challenging Party: a Party or Non-Party that challenges the designation of

6 information or items under this Order.

7 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how

8 it is generated, stored or maintained) or tangible things that qualify for protection under

9 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

10 Statement.

11 4.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as

12 their support staff).

13 4.5 Designating Party: a Party or Non-Party that designates information or

14 items that it produces in disclosures or in responses to discovery as

15 “CONFIDENTIAL.”

16 4.6 Disclosure or Discovery Material: all items or information, regardless of

17 the medium or manner in which it is generated, stored, or maintained (including, among

18 other things, testimony, transcripts, and tangible things), that are produced or generated

19 in disclosures or responses to discovery.

20 4.7 Expert: a person with specialized knowledge or experience in a matter

21 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

22 expert witness or as a consultant in this Action.

23 4.8 In-House Counsel: attorneys who are employees of a Party to this Action.

24 In-House Counsel does not include Outside Counsel of Record or any other outside

25 counsel.

26 4.9 Non-Party: any natural person, partnership, corporation, association or

27 other legal entity not named as a Party to this action.

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 5 of 15 Page ID #:893

1 4.10 Outside Counsel of Record: attorneys who are not employees of a party to

2 this Action but are retained to represent a party to this Action and have appeared in this

3 Action on behalf of that Party or are affiliated with a law firm that has appeared on

4 behalf of that Party (as well as their support staff).

5 4.11 Party: any party to this Action, including all of its officers, directors,

6 employees, representatives, consultants, retained experts, and Outside Counsel of

7 Record (and their support staffs).

8 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

9 Discovery Material in this Action.

10 4.13 Professional Vendors: persons or entities that provide litigation support

11 services (e.g., photocopying, videotaping, translating, preparing exhibits or

12 demonstrations, and organizing, storing, or retrieving data in any form or medium) and

13 their employees and subcontractors.

14 4.14 Protected Material: any Disclosure or Discovery Material that is

15 designated as “CONFIDENTIAL.”

16 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material

17 from a Producing Party.

18 5. SCOPE

19 The protections conferred by this Stipulation and Order cover not only Protected

20 Material (as defined above), but also (1) any information copied or extracted from

21 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

22 Material; and (3) any testimony, conversations, or presentations by Parties or their

23 Counsel that might reveal Protected Material.

24 Any use of Protected Material at trial shall be governed by the orders of the trial

25 judge and other applicable authorities. This Order does not govern the use of Protected

26 Material at trial.

27 / / /

28 / / /

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 6 of 15 Page ID #:894

1 6. DURATION

2 Once a case proceeds to trial, information that was designated as

3 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order used or

4 introduced as an exhibit at trial becomes public and will be presumptively available to

5 all members of the public, including the press, unless compelling reasons supported by

6 specific factual findings to proceed otherwise are made to the trial judge in advance of

7 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing

8 for sealing documents produced in discovery from “compelling reasons” standard when

9 merits-related documents are part of court record).

10 7. DESIGNATING PROTECTED MATERIAL

11 7.1 Exercise of Restraint and Care in Designating Material for Protection.

12 Each Party or Non-Party that designates information or items for protection

13 under this Order must take care to limit any such designation to specific material that

14 qualifies under the appropriate standards. The Designating Party must designate for

15 protection only those parts of material, documents, items or oral or written

16 communications that qualify so that other portions of the material, documents, items or

17 communications for which protection is not warranted are not swept unjustifiably

18 within the ambit of this Order.

19 Mass, indiscriminate or routinized designations are prohibited. Designations that

20 are shown to be clearly unjustified or that have been made for an improper purpose

21 (e.g., to unnecessarily encumber the case development process or to impose

22 unnecessary expenses and burdens on other Parties) may expose the Designating Party

23 to sanctions.

24 If it comes to a Designating Party’s attention that information or items that it

25 designated for protection do not qualify for protection, that Designating Party must

26 promptly notify all other Parties that it is withdrawing the inapplicable designation.

27 7.2 Manner and Timing of Designations. Except as otherwise provided in this

28 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 7 of 15 Page ID #:895

1 qualifies for protection under this Order must be clearly so designated before the

2 material is disclosed or produced.

3 Designation in conformity with this Order requires:

4 (a) for information in documentary form (e.g., paper or electronic

5 documents, but excluding transcripts of depositions or other pretrial or trial

6 proceedings), that the Producing Party affix at a minimum, the legend

7 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

8 contains protected material. If only a portion of the material on a page qualifies for

9 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

10 by making appropriate markings in the margins).

11 A Party or Non-Party that makes original documents available for inspection

12 need not designate them for protection until after the inspecting Party has indicated

13 which documents it would like copied and produced. During the inspection and before

14 the designation, all of the material made available for inspection shall be deemed

15 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

16 copied and produced, the Producing Party must determine which documents, or

17 portions thereof, qualify for protection under this Order. Then, before producing the

18 specified documents, the Producing Party must affix the CONFIDENTIAL legend to

19 each page that contains Protected Material. If only a portion of the material on a page

20 qualifies for protection, the Producing Party also must clearly identify the protected

21 portion(s) (e.g., by making appropriate markings in the margins).

22 (b) for testimony given in depositions, that the Designating Party either (i)

23 identifies on the record, before the close of the deposition, as “CONFIDENTIAL” by

24 specifying all portions of the testimony that qualify as “CONFIDENTIAL”; or (ii)

25 designate the entirety of the testimony at the deposition as “CONFIDENTIAL” (before

26 the deposition is concluded) with the right to identify more specific portions of the

27 testimony as to which protection is sought within 30 days following receipt of the

28 deposition transcript. In circumstances where portions of the deposition testimony are

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 8 of 15 Page ID #:896

1 designated for protection, the transcript pages containing “CONFIDENTIAL”

2 information shall be separately bound by the court reporter, who must affix to the top of

3 each page the legend “CONFIDENTIAL,” as instructed by the Designating Party.

4 (c) for information produced in some form other than documentary and for

5 any other tangible items, that the Producing Party affix in a prominent place on the

6 exterior of the container or containers in which the information is stored the legend

7 “CONFIDENTIAL.” If only a portion or portions of the information warrants

8 protection, the Producing Party, to the extent practicable, shall identify the protected

9 portion(s).

10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

11 failure to designate qualified information or items does not, standing alone, waive the

12 Designating Party’s right to secure protection under this Order for such material. Upon

13 timely correction of a designation, the Receiving Party must make reasonable efforts to

14 assure that the material is treated in accordance with the provisions of this Order.

15 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

16 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

17 designation of confidentiality at any time that is consistent with the Court’s Scheduling

18 Order.

19 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

20 resolution process under Local Rule 37-1 et seq.

21 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

22 stipulation pursuant to Local Rule 37-2.

23 8.4 The burden of persuasion in any such challenge proceeding shall be on the

24 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

25 to harass or impose unnecessary expenses and burdens on other Parties) may expose the

26 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

27 the confidentiality designation, all Parties shall continue to afford the material in

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 9 of 15 Page ID #:897

1 question the level of protection to which it is entitled under the Producing Party’s

2 designation until the Court rules on the challenge.

3 9. ACCESS TO AND USE OF PROTECTED MATERIAL

4 9.1 Basic Principles. A Receiving Party may use Protected Material that is

5 disclosed or produced by another Party or by a Non-Party in connection with this

6 Action only for prosecuting, defending, or attempting to settle this Action. Such

7 Protected Material may be disclosed only to the categories of persons and under the

8 conditions described in this Order. When the Action has been terminated, a Receiving

9 Party must comply with the provisions of Section 15 below (FINAL DISPOSITION).

10 Protected Material must be stored and maintained by a Receiving Party at a

11 location and in a secure manner that ensures that access is limited to the persons

12 authorized under this Order.

13 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

14 ordered by the Court or permitted in writing by the Designating Party, a Receiving

15 Party may disclose any information or item designated “CONFIDENTIAL” only to:

16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

17 as employees of said Outside Counsel of Record to whom it is reasonably necessary to

18 disclose the information for this Action;

19 (b) the officers, directors, and employees (including In-House Counsel) of

20 the Receiving Party to whom disclosure is reasonably necessary for this Action;

21 (c) Experts (as defined in this Order) of the Receiving Party to whom

22 disclosure is reasonably necessary for this Action and who have signed the

23 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

24 (d) the Court and its personnel;

25 (e) court reporters and their staff;

26 (f) professional jury or trial consultants, mock jurors, and Professional

27 Vendors to whom disclosure is reasonably necessary for this Action and who have

28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 10 of 15 Page ID #:898

1 (g) the author or recipient of a document containing the information or a

2 custodian or other person who otherwise possessed or knew the information;

3 (h) during their depositions in the Action, witnesses and attorneys for

4 witnesses to whom disclosure is reasonably necessary provided: (1) the witness signs

5 the form attached as Exhibit A hereto; and (2) the witness and attorneys for the witness

6 will not be permitted to keep any confidential information unless they sign the

7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

8 by the Designating Party or ordered by the Court; and

9 (i) any mediators or settlement officers and their supporting personnel,

10 mutually agreed upon by any of the Parties engaged in settlement discussions.

10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

11

PRODUCED IN OTHER LITIGATION

12

If a Party is served with a subpoena or a court order issued in other litigation that

13

compels disclosure of any information or items designated in this Action as

14

“CONFIDENTIAL,” that Party must:

15

(a) promptly notify in writing the Designating Party. Such notification

16

shall include a copy of the subpoena or court order;

17

(b) promptly notify in writing the party who caused the subpoena or order

18

to issue in the other litigation that some or all of the material covered by the subpoena

19

or order is subject to this Stipulated Protective Order. Such notification shall include a

20

copy of this Stipulated Protective Order; and

21

(c) cooperate with respect to all reasonable procedures sought to be

22

pursued by the Designating Party whose Protected Material may be affected. If the

23

Designating Party timely seeks a protective order, the Party served with the subpoena or

24

court order shall not produce any information designated in this action as

25

“CONFIDENTIAL” before a determination by the court from which the subpoena or

26

order issued, unless the Party has obtained the Designating Party’s permission. The

27

Designating Party shall bear the burden and expense of seeking protection in that court

28

of its confidential material and nothing in these provisions should be construed as

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 11 of 15 Page ID #:899

1 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

2 directive from another court.

11. A NON PARTY’S PROTECTED MATERIAL SOUGHT TO BE

3

PRODUCED IN THIS LITIGATION

4

(a) The terms of this Order are applicable to information produced by a

5

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

6

produced by Non-Parties in connection with this litigation is protected by the remedies

7

and relief provided by this Stipulated Protective Order. Nothing in these provisions

8

should be construed as prohibiting a Non-Party from seeking additional protections.

9

(b) In the event that a Party is required, by a valid discovery request, to

10

produce a Non-Party’s confidential information in its possession, and the Party is

11

subject to an agreement with the Non-Party not to produce the Non-Party’s confidential

12

information, then the Party shall:

13

(1) promptly notify in writing the Requesting Party and the Non-Party that

14

some or all of the information requested is subject to a confidentiality agreement with a

15

Non-Party;

16

(2) promptly provide the Non-Party with a copy of the Stipulated

17

Protective Order in this Action, the relevant discovery request(s), and a reasonably

18

specific description of the information requested; and

19

(3) make the information requested available for inspection by the Non-

20

Party, if requested.

21

(c) If the Non-Party fails to seek a protective order from this Court within

22

14 days of receiving the notice and accompanying information, the Receiving Party

23

may produce the Non-Party’s confidential information responsive to the discovery

24

request. If the Non-Party timely seeks a protective order, the Receiving Party shall not

25

produce any information in its possession or control that is subject to the confidentiality

26

agreement with the Non-Party before a determination by the Court. Absent a court

27

order to the contrary, the Non-Party shall bear the burden and expense of seeking

28

protection in this court of its Protected Material.

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 12 of 15 Page ID #:900

1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

3 Protected Material to any person or in any circumstance not authorized under this

4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

5 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

6 all unauthorized copies of the Protected Material, (c) inform the person or persons to

7 whom unauthorized disclosures were made of all the terms of this Order, and (d)

8 request such person or persons to execute the “Acknowledgment an Agreement to Be

9 Bound” attached hereto as Exhibit A.

10 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11 PROTECTED MATERIAL

12 When a Producing Party gives notice to Receiving Parties that certain

13 inadvertently produced material is subject to a claim of privilege or other protection, the

14 obligations of the Receiving Parties are those set forth in Federal Rule of Civil

15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

16 may be established in an e-discovery order that provides for production without prior

17 privilege review. Inadvertent production by any Party of material containing privileged

18 attorney-client or other privileged communications, attorney work product, or other

19 information not subject to discovery, shall not constitute a waiver of any privilege,

20 immunity or other right not to produce such material.

21 14. MISCELLANEOUS

22 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

23 person to seek its modification by the Court in the future.

24 14.2 Right to Assert Other Objections. By stipulating to the entry of this

25 Protective Order, no Party waives any right it otherwise would have to object to

26 disclosing or producing any information or item on any ground not addressed in this

27 Stipulated Protective Order. Similarly, no Party waives any right to object on any

28 ground to use in evidence of any of the material covered by this Order.

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 13 of 15 Page ID #:901

1 14.3 Filing Protected Material. A Party that seeks to file under seal any

2 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

3 only be filed under seal pursuant to a court order authorizing the sealing of the specific

4 Protected Material. If a Party’s request to file Protected Material under seal is denied

5 by the Court, then the Receiving Party may file the information in the public record

6 unless otherwise instructed by the Court.

7 15. FINAL DISPOSITION

8 After the final disposition of this Action, as defined in paragraphs 4.1 and 9.1,

9 within 60 days of a written request by the Designating Party, each Receiving Party must

10 return all Protected Material to the Producing Party or destroy such material. As used

11 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

12 summaries, and any other format reproducing or capturing any of the Protected

13 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

14 must submit a written certification to the Producing Party (and, if not the same person

15 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by

16 category, where appropriate) all the Protected Material that was returned or destroyed

17 and (2) affirms that the Receiving Party has not retained any copies, abstracts,

18 compilations, summaries or any other format reproducing or capturing any of the

19 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

20 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

21 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

22 work product, and consultant and expert work product, even if such materials contain

23 Protected Material. Any such archival copies that contain or constitute Protected

24 Material remain subject to this Stipulated Protective Order.

25 / / /

26 / / /

27 / / /

28 / / /

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 14o0f15 Page ID #:902

1 16. VIOLATION

2 Any violation of this Order may be punished by appropriate measures including,

3 || without limitation, contempt proceedings and/or monetary sanctions.

5 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

7 || DATED: July 01, 2022

8 if Le

9 Lihue ; AG

10 J D. EARLY

4 hited States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

Case 8:22-cv-00296-JVS-JDE Document 55 Filed 07/01/22 Page 15 of 15 Page ID #:903

1 EXHIBIT “A”

2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND BY

3 STIPULATED PROTECTIVE ORDER

4

5 This is to certify that I, the undersigned, have read and am fully familiar with the

6 provisions of the Stipulated Protective Order filed and entered in the case Palm

7 Communities, et al. v. Centerline Housing Partnership I, L.P. – Series 2, et al., Case

8 No. 8:22-CV-00296-JVS-JDE (C.D. Cal.) (hereinafter referred to as “Stipulated

9 Protective Order”).

10 As a condition precedent to the disclosure to me of any Confidential Information

11 pursuant to the Stipulated Protective Order, or my obtaining any information contained

12 in said material, I hereby agree that the Stipulated Protective Order is binding upon me,

13 and I further agree to keep all such material and information in strictest confidence and

14 otherwise to observe, comply with, and be bound by the provisions of the Stipulated

15 Protective Order.

16 I declare under penalty of perjury under the laws of the United States of America

17 that the foregoing is true and correct.

18 Signature:

19 Name:

Address:

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Telephone:

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STIPULATED PROTECTIVE ORDER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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