The opinion
Case 5:21-cv-00941-JGB-KK Document 35 Filed 12/19/22 Page 1 of 15 Page ID #:232
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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12 FAIR HOUSING COUNCIL OF ) Case No.: 5:21-cv-00941-JGB-KKx
RIVERSIDE COUNTY, INC., AND )
13 JAMES BEASLEY ) AMENDED STIPULATED
) PROTECTIVE ORDER
14 Plaintiffs, )
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15 vs. )
)
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GROUP XIII PROPERTIES LP, )
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GROUP XIII PROPERTIES, INC., )
18 SWARANJIT (MIKE) NIJJAR, )
AND ELISA VALERIO, )
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Defendants. )
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)
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1. A. PURPOSES AND LIMITATIONS
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23 Discovery in this action is likely to involve production of confidential,
24 proprietary, or private information for which special protection from public
25 disclosure and from use for any purpose other than prosecuting this litigation may
26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
27 enter the following Stipulated Protective Order. The parties acknowledge that this
28 Order does not confer blanket protections on all disclosures or responses to
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1 discovery and that the protection it affords from public disclosure and use extends
2 only to the limited information or items that are entitled to confidential treatment
3 under the applicable legal principles. The parties further acknowledge, as set forth
4 in Section 12.3, below, that this Stipulated Protective Order does not entitle them
5 to file confidential information under seal; Civil Local Rule 79-5 sets forth the
6 procedures that must be followed and the standards that will be applied when a
7 party seeks permission from the court to file material under seal.
8 B. GOOD CAUSE STATEMENT
9 Discovery will likely involve housing and complaint records of third-parties
10 which contain personal and financial information. It will also likely involve
11 discovery of certain financial information from the parties. This discovery
12 implicates privacy concerns of the parties and third-parties. Accordingly, to
13 expedite the flow of information, to facilitate the prompt resolution of disputes
14 over confidentiality of discovery materials, to adequately protect information the
15 parties are entitled to keep confidential, to ensure that the parties are permitted
16 reasonable necessary uses of such material in preparation for and in the conduct of
17 trial, to address their handling at the end of the litigation, and serve the ends of
18 justice, a protective order for such information is justified in this matter. It is the
19 intent of the parties that information will not be designated as confidential for
20 tactical reasons and that nothing be so designated without a good faith belief that
21 it has been maintained in a confidential, non-public manner, and there is good
22 cause why it should not be part of the public record of this case.
23 2. DEFINITIONS
24 2.1 Action: This pending federal lawsuit.
25 2.2 Challenging Party: a Party or Non-Party that challenges the
26 designation of information or items under this Order.
27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
28 how it is generated, stored or maintained) or tangible things that qualify for
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1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
2 the Good Cause Statement.
3 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
4 Information or Items: extremely sensitive “CONFIDENTIAL” Information or
5 Items, the disclosure of which to another Party or Non-Party would create a
6 substantial risk of serious harm that could not be avoided by less restrictive means.
7 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as
8 their support staff).
9 2.6 Designating Party: a Party or Non-Party that designates information
10 or items that it produces in disclosures or in responses to discovery as
11 “CONFIDENTIAL.”
12 2.7 Disclosure or Discovery Material: all items or information, regardless
13 of the medium or manner in which it is generated, stored, or maintained
14 (including, among other things, testimony, transcripts, and tangible things), that
15 are produced or generated in disclosures or responses to discovery in this matter.
16 2.8 Expert: a person with specialized knowledge or experience in a matter
17 pertinent to the litigation who has been retained by a Party or its counsel to serve
18 as an expert witness or as a consultant in this Action.
19 2.9 House Counsel: attorneys who are employees of a party to this
20 Action. House Counsel does not include Outside Counsel of Record or any other
21 outside counsel.
22 2.10 Non-Party: any natural person, partnership, corporation, association,
23 or other legal entity not named as a Party to this action.
24 2.11 Outside Counsel of Record: attorneys who are not employees of a
25 party to this Action but are retained to represent or advise a party to this Action
26 and have appeared in this Action on behalf of that party or are affiliated with a law
27 firm which has appeared on behalf of that party, and includes support staff.
28 2.12 Party: any party to this Action, including all of its officers, directors,
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1 employees, consultants, retained experts, and Outside Counsel of Record (and
2 their support staffs).
3 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
4 Discovery Material in this Action.
5 2.14 Professional Vendors: persons or entities that provide litigation
6 support services (e.g., photocopying, videotaping, translating, preparing exhibits
7 or demonstrations, and organizing, storing, or retrieving data in any form or
8 medium) and their employees and subcontractors.
9 2.15 Protected Material: any Disclosure or Discovery Material that is
10 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
11 ATTORNEYS’ EYES ONLY.”
12 2.16 Receiving Party: a Party that receives Disclosure or Discovery
13 Material from a Producing Party.
14 3. SCOPE
15 The protections conferred by this Stipulation and Order cover not only
16 Protected Material (as defined above), but also (1) any information copied or
17 extracted from Protected Material; (2) all copies, excerpts, summaries, or
18 compilations of Protected Material; and (3) any testimony, conversations, or
19 presentations by Parties or their Counsel that might reveal Protected Material.
20 Any use of Protected Material at trial shall be governed by the orders of the
21 trial judge. This Order does not govern the use of Protected Material at trial.
22 4. DURATION
23 Once a case proceeds to trial, all of the information that was designated as
24 confidential or maintained pursuant to this protective order becomes public and
25 will be presumptively available to all members of the public, including the press,
26 unless compelling reasons supported by specific factual findings to proceed
27 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City
28 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing
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1 “good cause” showing for sealing documents produced in discovery from
2 “compelling reasons” standard when merits-related documents are part of court
3 record). Accordingly, the terms of this protective order do not extend beyond the
4 commencement of the trial
5 5. DESIGNATING PROTECTED MATERIAL
6 5.1 Exercise of Restraint and Care in Designating Material for Protection.
7 Each Party or Non-Party that designates information or items for protection under
8 this Order must take care to limit any such designation to specific material that
9 qualifies under the appropriate standards. The Designating Party must designate
10 for protection only those parts of material, documents, items, or oral or written
11 communications that qualify so that other portions of the material, documents,
12 items, or communications for which protection is not warranted are not swept
13 unjustifiably within the ambit of this Order.
14 Mass, indiscriminate, or routinized designations are prohibited.
15 Designations that are shown to be clearly unjustified or that have been made for an
16 improper purpose (e.g., to unnecessarily encumber the case development process
17 or to impose unnecessary expenses and burdens on other parties) may expose the
18 Designating Party to sanctions.
19 If it comes to a Designating Party’s attention that information or items that it
20 designated for protection do not qualify for protection, that Designating Party
21 must promptly notify all other Parties that it is withdrawing the inapplicable
22 designation.
23 5.2 Manner and Timing of Designations. Except as otherwise provided in
24 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
25 stipulated or ordered, Disclosure or Discovery Material that qualifies for
26 protection under this Order must be clearly so designated before the material is
27 disclosed or produced.
28 Designation in conformity with this Order requires:
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1 (a) for information in documentary form (e.g., paper or electronic
2 documents, but excluding transcripts of depositions or other pretrial or trial
3 proceedings), that the Producing Party affix at a minimum, the legend
4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
5 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains
6 protected material. If only a portion or portions of the material on a page qualifies
7 for protection, the Producing Party also must clearly identify the protected
8 portion(s) (e.g., by making appropriate markings in the margins).
9 A Party or Non-Party that makes original documents available for
10 inspection need not designate them for protection until after the inspecting Party
11 has indicated which documents it would like copied and produced. During the
12 inspection and before the designation, all of the material made available for
13 inspection shall be deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
14 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
15 documents it wants copied and produced, the Producing Party must determine
16 which documents, or portions thereof, qualify for protection under this Order.
17 Then, before producing the specified documents, the Producing Party must affix
18 the “CONFIDENTIAL legend” to each page that contains Protected Material. If
19 only a portion or portions of the material on a page qualifies for protection, the
20 Producing Party also must clearly identify the protected portion(s) (e.g., by making
21 appropriate markings in the margins).
22 (b) for testimony given in depositions that the Designating Party identify the
23 Disclosure or Discovery Material within 30 days of receipt of the transcript.
24 (c) for information produced in some form other than documentary and for
25 any other tangible items, that the Producing Party affix in a prominent place on the
26 exterior of the container or containers in which the information is stored the
27 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
28 EYES ONLY.” If only a portion or portions of the information warrants
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1 protection, the Producing Party, to the extent practicable, shall identify the
2 protected portion(s).
3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
4 failure to designate qualified information or items does not, standing alone, waive
5 the Designating Party’s right to secure protection under this Order for such
6 material. Upon timely correction of a designation, the Receiving Party must make
7 reasonable efforts to assure that the material is treated in accordance with the
8 provisions of this Order.
9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
11 designation of confidentiality at any time that is consistent with the Court’s
12 Scheduling Order.
13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
14 resolution process under Local Rule 37.1 et seq.
15 6.3 The burden of persuasion in any such challenge proceeding shall be
16 on the Designating Party. Frivolous challenges, and those made for an improper
17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
18 parties) may expose the Challenging Party to sanctions. Unless the Designating
19 Party has waived or withdrawn the confidentiality designation, all parties shall
20 continue to afford the material in question the level of protection to which it is
21 entitled under the Producing Party’s designation until the Court rules on the
22 challenge.
23 7. ACCESS TO AND USE OF PROTECTED MATERIAL
24 7.1 Basic Principles. A Receiving Party may use Protected Material that
25 is disclosed or produced by another Party or by a Non-Party in connection with
26 this Action only for prosecuting, defending, or attempting to settle this Action.
27 Such Protected Material may be disclosed only to the categories of persons and
28 under the conditions described in this Order. When the Action has been
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1 terminated, a Receiving Party must comply with the provisions of section 13
2 below (FINAL DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 location and in a secure manner that ensures that access is limited to the persons
5 authorized under this Order.
6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
7 otherwise ordered by the court or permitted in writing by the Designating Party, a
8 Receiving Party may disclose any information or item designated
9 “CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
11 as employees of said Outside Counsel of Record to whom it is reasonably
12 necessary to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House Counsel) of the
14 Receiving Party to whom disclosure is reasonably necessary for this Action;
15 (c) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (d) the court and its personnel;
19 (e) court reporters and their staff;
20 (f) professional jury or trial consultants, mock jurors, and Professional
21 Vendors to whom disclosure is reasonably necessary for this Action and who have
22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (g) the author or recipient of a document containing the information or a
24 custodian or other person who otherwise possessed or knew the information;
25 (h) during their depositions, witnesses, and attorneys for witnesses, in the
26 Action to whom disclosure is reasonably necessary provided: (1) the deposing
27 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)
28 they will not be permitted to keep any confidential information unless they sign
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1 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
2 agreed by the Designating Party or ordered by the court. Pages of transcribed
3 deposition testimony or exhibits to depositions that reveal Protected Material may
4 be separately bound by the court reporter and may not be disclosed to anyone
5 except as permitted under this Stipulated Protective Order;
6 (i) any mediator or settlement officer, and their supporting personnel,
7 mutually agreed upon by any of the parties engaged in settlement discussions; and
8 (j) witnesses in preparation for deposition or trial if the document regards
9 them or their testimony, provided that the witness executes Exhibit 1 and does not
10 retain a copy of the confidential material.
11 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
12 ONLY” Information or Items. Unless otherwise ordered by the court or permitted
13 in writing by the Designating Party, a Receiving Party may disclose any
14 information or item designated “HIGHLY CONFIDENTIAL– ATTORNEYS’
15 EYES ONLY” 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
18 necessary to disclose the information for this Action;
19 (b) Experts (as defined in this Order) of the Receiving Party to whom
20 disclosure is reasonably necessary for this Action and who have signed the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (c) the court and its personnel;
23 (d) private court reporters and their staff to whom disclosure is reasonably
24 necessary for this Action and who have signed the “Acknowledgment and
25 Agreement to Be Bound” (Exhibit A);
26 (e) professional jury or trial consultants, mock jurors, and Professional
27 Vendors to whom disclosure is reasonably necessary for this Action and
28 who have signed the “Acknowledgment and Agreement to Be Bound”
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1 (Exhibit A);
2 (f) the author or recipient of a document containing the information or a
3 custodian or other person who otherwise possessed or knew the
4 information; and
5 (g) any mediator or settlement officer, and their supporting personnel,
6 mutually agreed upon by any of the parties engaged in settlement
7 discussions.
8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
9 PRODUCED IN OTHER LITIGATION
10 If a Party is served with a subpoena or a court order issued in other litigation
11 that compels disclosure of any information or items designated in this Action as
12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– ATTORNEYS’ EYES
13 ONLY,” that Party must:
14 (a) promptly notify in writing the Designating Party. Such notification shall
15 include a copy of the subpoena or court order;
16 (b) promptly notify in writing the party who caused the subpoena or order to
17 issue in the other litigation that some or all of the material covered by the
18 subpoena or order is subject to this Protective Order. Such notification shall
19 include a copy of this Stipulated Protective Order; and
20 (c) cooperate with respect to all reasonable procedures sought to be pursued
21 by the Designating Party whose Protected Material may be affected.
22 If the Designating Party timely seeks a protective order, the Party served with the
23 subpoena or court order shall not produce any information designated in this
24 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– ATTORNEYS’
25 EYES ONLY” before a determination by the court from which the subpoena or
26 order issued, unless the Party has obtained the Designating Party’s permission.
27 The Designating Party shall bear the burden and expense of seeking protection in
28 that court of its confidential material and nothing in these provisions should be
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1 construed as authorizing or encouraging a Receiving Party in this Action to
2 disobey a lawful directive from another court.
3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
4 PRODUCED IN THIS LITIGATION
5 (a) The terms of this Order are applicable to information produced by a
6 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
7 CONFIDENTIAL– ATTORNEYS’ EYES ONLY.” Such information produced by
8 Non-Parties in connection with this litigation is protected by the remedies and
9 relief provided by this Order. Nothing in these provisions should be construed as
10 prohibiting a Non-Party from seeking additional protections.
11 (b) In the event that a Party is required, by a valid discovery request, to
12 produce a Non-Party’s confidential information in its possession, and the Party is
13 subject to an agreement with the Non-Party not to produce the Non-Party’s
14 confidential information, then the Party shall:
15 (1) promptly notify in writing the Requesting Party and the Non-Party
16 that some or all of the information requested is subject to a confidentiality
17 agreement with a Non-Party;
18 (2) promptly provide the Non-Party with a copy of the Stipulated
19 Protective Order in this Action, the relevant discovery request(s), and a reasonably
20 specific description of the information requested; and
21 (3) make the information requested available for inspection by the
22 Non-Party, if requested.
23 (c) If the Non-Party fails to seek a protective order from this court within 14
24 days of receiving the notice and accompanying information, the Receiving Party
25 may produce the Non-Party’s confidential information responsive to the discovery
26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
27 not produce any information in its possession or control that is subject to the
28 confidentiality agreement with the Non-Party before a determination by the court.
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1 Absent a court order to the contrary, the Non-Party shall bear the burden and
2 expense of seeking protection in this court of its Protected Material.
3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has
5 disclosed Protected Material to any person or in any circumstance not authorized
6 under this Stipulated Protective Order, the Receiving Party must immediately (a)
7 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
8 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
9 the person or persons to whom unauthorized disclosures were made of all the
10 terms of this Order, and (d) request such person or persons to execute the
11 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
12 A.
13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
14 OTHERWISE PROTECTED MATERIAL
15 When a Producing Party gives notice to Receiving Parties that certain
16 inadvertently produced material is subject to a claim of privilege or other
17 protection, the obligations of the Receiving Parties are those set forth in Federal
18 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
19 whatever procedure may be established in an e-discovery order that provides for
20 production without prior privilege review. Pursuant to Federal Rule of Evidence
21 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
22 of a communication or information covered by the attorney-client privilege or
23 work product protection, the parties may incorporate their agreement in the
24 stipulated protective order submitted to the court.
25 12. MISCELLANEOUS
26 12.1 Right to Further Relief. Nothing in this Order abridges the right of
27 any person to seek its modification by the Court in the future.
28 12.2 Right to Assert Other Objections. By stipulating to the entry of this
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1 Protective Order no Party waives any right it otherwise would have to object to
2 disclosing or producing any information or item on any ground not addressed in
3 this Stipulated Protective Order. Similarly, no Party waives any right to object on
4 any ground to use in evidence of any of the material covered by this Protective
5 Order.
6 12.3 Filing Protected Material. A Party that seeks to file under seal any
7 Protected Material must comply with Civil Local Rule 79-5. Protected Material
8 may only be filed under seal pursuant to a court order authorizing the sealing of
9 the specific Protected Material at issue. If a Party's request to file Protected
10 Material under seal is denied by the court, then the Receiving Party may file the
11 information in the public record unless otherwise instructed by the court.
12 13. FINAL DISPOSITION
13 After the final disposition of this Action, as defined in paragraph 4, within
14 60 days of a written request by the Designating Party, each Receiving Party must
15 return all Protected Material to the Producing Party or destroy such material. As
16 used in this subdivision, “all Protected Material” includes all copies, abstracts,
17 compilations, summaries, and any other format reproducing or capturing any of
18 the Protected Material. Whether the Protected Material is returned or destroyed,
19 the Receiving Party must submit a written certification to the Producing Party
20 (and, if not the same person or entity, to the Designating Party) by the 60 day
21 deadline that (1) identifies (by category, where appropriate) all the Protected
22 Material that was returned or destroyed and (2)affirms that the Receiving Party has
23 not retained any copies, abstracts, compilations, summaries or any other format
24 reproducing or capturing any of the Protected Material. Notwithstanding this
25 provision, Counsel are entitled to retain an archival copy of all pleadings, motion
26 papers, trial, deposition, and hearing transcripts, legal memoranda,
27 correspondence, deposition and trial exhibits, expert reports, attorney work
28 product, and consultant and expert work product, even if such materials contain
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1 || Protected Material. Any such archival copies that contain or constitute Protected
2 || Material remain subject to this Protective Order as set forth in Section 4
3 | (DURATION).
4/14. VIOLATION
5 Any violation of this Order may be punished by any and all appropriate
6 || measures including, without limitation, contempt proceedings and/or monetary
7 || sanctions.
8 * ok 3K
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
101 BRANCART & BRANCART LAW OFFICE OF D. WAYNE
11 LEECH, A PROFESSIONAL
/s/ Christopher Brancart CORPORATION
12 || Christopher Brancart (SBN 128475)
ebrancart(@brancart.com /s/ D. Wayne Leech
13 .O. Box D. Wayne Leech, Esq. (SBN 97676)
Pescadero, CA 94060 wayne leechlaw.com.
14] Tel: 650) 879-0141 ain Street, Suite 200
Fax: (650) 879-1103 El Monte, CA 91731
15 Tel: (626) 443-0061
Fax: (626) 443-1165
16
7 Attorneys for Plaintiffs Attorneys for Defendants
18 %* Kk Ok
19 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
49 || DATED:_ 12/19/2022
21 Why We
99 || Hon. Kenly Kato |
United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _______________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on [date] in the case of ___________ [insert formal name of the case and the
9 number and initials assigned to it by the court]. I agree to comply with and to be
10 bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and
12 punishment in the nature of contempt. I solemnly promise that I will not disclose
13 in any manner any information or item that is subject to this Stipulated Protective
14 Order to any person or entity except in strict compliance with the provisions of
15 this Order.
16 I further agree to submit to the jurisdiction of the United States District Court for
17 the Central District of California for the purpose of enforcing the terms of this
18 Stipulated Protective Order, even if such enforcement proceedings occur after
19 termination of this action. I hereby appoint __________________________ [print
20 or type full name] of _______________________________________ [print or
21 type full address and telephone number] as my California agent for service of
22 process in connection with this action or any proceedings related to enforcement
23 of this Stipulated Protective Order.
24 Date: ______________________________________
25 City and State where sworn and signed: _________________________________
26
27 Printed name: _______________________________
28 Signature: __________________________________
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