even stipulated protective orders 4 require good cause showing
How later courts described this case
- even stipulated protective orders 4 require good cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 1 of 17 Page ID #:289
1
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7
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
12 JOCELYN GOMEZ, decedent; ) Case No. 2:22-cv-05841-SVW (GJSx)
SHIRLEY SECREST, an individual; )
13 and IGNACIO NASH GOMEZ, an ) Honorable Stephen V. Wilson
individual, )
14 )
Plaintiffs, )
15 vs. ) )
PROTECTIVE ORDER
)
16 COUNTY OF VENTURA, a )
governmental entity; CALIFORNIA )
17 FORENSIC MEDICAL GROUP, INC., )
a California Corporation; WELLPATH )
18 LLC, a Delaware Limited Liability )
Company; DEPUTY OSEGUERERA, )
19 an individual; SERGEANT RAMIREZ, )
an individual; SHIRLEY )
20 MORRISSEY, an individual; MARY )
LEE BALDUEZA, an individual; )
21 JANICE MOSS, an individual; )
CHRYSTAL PARAS, an individual; )
22 ERIKA COOLMAN, an individual; )
SUSAM VARGAS, an individual; )
23 JONATHAN DE FELIPE, an )
individual; and DOES 1 through 50 )
24 inclusive, )
)
Defendants. )
25
26
27
28
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 2 of 17 Page ID #:290
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles.
11 B. GOOD CAUSE STATEMENT
12 This action is likely to involve the exchange of documents, items, materials,
13 law enforcement sensitive information, medical records, personnel information and
14 other information that contain sensitive and confidential information that derives
15 actual or potential value from not being generally known to the public, are the
16 subject of reasonable efforts to maintain their confidentiality, and for which special
17 protection from public disclosure and from use for any purpose other than
18 prosecution of this action is warranted. These records include materials relating to
19 the investigation of Decedent Jocelyn Gomez’s death, material relating to or
20 regarding the personnel files and/or records of Ventura County Sheriff’s Office or
21 Wellpath employees, medical records, records concerning the description, design,
22 and layout of the Ventura County Jail, material relating to incidents involving
23 Plaintiffs or Decedent containing sensitive and private information regarding third
24 parties, Ventura County and/or Wellpath policies, procedures, and/or training
25 materials, sensitive and private information regarding third parties, Internal Affairs
26 materials and information, video recordings, photograph, audio recordings, and
27 other materials and information depicting and/or describing the layout of any jail
28 facility. This action is also expected to include the use of sensitive information and
2
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 3 of 17 Page ID #:291
1 records relating to Decedent’s physical health, mental health, substance use and
2 treatment, as well as criminal records involving Decedent and/or Plaintiffs.
3 Such confidential materials and information consist of, among other things,
4 documents and/or writings protected by the Official Information Privilege, the right
5 to privacy guaranteed by in the Federal Constitution, First Amendment, California
6 Constitution, Article I, Section I, and various California Government, Penal, and
7 Evidence Code section, as well as information otherwise generally unavailable to
8 the public, or which may be privileged or otherwise protected from disclosure under
9 state or federal statutes, court rules, case decisions, or common law. Accordingly, to
10 expedite the flow of information, to facilitate the prompt resolution of disputes over
11 confidentiality of discovery materials, to adequately protect information the parties
12 are entitled to keep confidential, to ensure that the parties are permitted reasonable
13 necessary uses of such material in preparation for and in the conduct of trial, to
14 address their handling at the end of the litigation, and serve the ends of justice, a
15 protective order for such information is justified in this matter. It is the intent of the
16 parties that information will not be designated as confidential for tactical reasons
17 and that nothing be so designated without a good faith belief that it has been
18 maintained in a confidential, non-public manner, and there is good cause why it
19 should not be part of the public record of this case.
20 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
21 The parties further acknowledge, as set forth in Section 12.3, below, that this
22 Stipulated Protective Order does not entitle them to file confidential information
23 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
24 and the standards that will be applied when a party seeks permission from the court
25 to file material under seal.
26 There is a strong presumption that the public has a right of access to judicial
27 proceedings and records in civil cases. In connection with non-dispositive motions,
28 good cause must be shown to support a filing under seal. See Kamakana v. City and
3
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 4 of 17 Page ID #:292
1 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
2 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
3 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
4 require good cause showing), and a specific showing of good cause or compelling
5 reasons with proper evidentiary support and legal justification, must be made with
6 respect to Protected Material that a party seeks to file under seal. The parties’ mere
7 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
8 without the submission of competent evidence by declaration, establishing that the
9 material sought to be filed under seal qualifies as confidential, privileged, or
10 otherwise protectable—constitute good cause.
11 Further, if a party requests sealing related to a dispositive motion or trial, then
12 compelling reasons, not only good cause, for the sealing must be shown, and the
13 relief sought shall be narrowly tailored to serve the specific interest to be protected.
14 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
15 each item or type of information, document, or thing sought to be filed or introduced
16 under seal in connection with a dispositive motion or trial, the party seeking
17 protection must articulate compelling reasons, supported by specific facts and legal
18 justification, for the requested sealing order. Again, competent evidence supporting
19 the application to file documents under seal must be provided by declaration.
20 Any document that is not confidential, privileged, or otherwise protectable in
21 its entirety will not be filed under seal if the confidential portions can be redacted.
22 If documents can be redacted, then a redacted version for public viewing, omitting
23 only the confidential, privileged, or otherwise protectable portions of the document,
24 shall be filed. Any application that seeks to file documents under seal in their
25 entirety should include an explanation of why redaction is not feasible.
26 2. DEFINITIONS
27 2.1 Action: Jocelyn Gomez, et al. v. County of Ventura, et al., Case No.
28 2:22-cv-05841-SVW (GJSx).
4
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 5 of 17 Page ID #:293
1 2.2 Challenging Party: a Party or Non-Party that challenges the
2 designation of information or items under this Order.
3 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
4 how it is generated, stored or maintained) or tangible things that qualify for
5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
6 the Good Cause Statement.
7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
8 their support staff).
9 2.5 Designating Party: a Party or Non-Party that designates information or
10 items that it produces in disclosures or in responses to discovery as
11 “CONFIDENTIAL.”
12 2.6 Disclosure or Discovery Material: all items or information, regardless
13 of the medium or manner in which it is generated, stored, or maintained (including,
14 among other things, testimony, transcripts, and tangible things), that are produced or
15 generated in disclosures or responses to discovery in this matter.
16 2.7 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 as
18 an expert witness or as a consultant in this Action.
19 2.8 House Counsel: attorneys who are employees of a party to this Action.
20 House Counsel does not include Outside Counsel of Record or any other outside
21 counsel.
22 2.9 Non-Party: any natural person, partnership, corporation, association or
23 other legal entity not named as a Party to this action.
24 2.10 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 and
26 have appeared in this Action on behalf of that party or are affiliated with a law firm
27 that has appeared on behalf of that party, and includes support staff.
28 2.11 Party: any party to this Action, including all of its officers, directors,
5
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 6 of 17 Page ID #:294
1 employees, consultants, retained experts, and Outside Counsel of Record (and their
2 support staffs).
3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
4 Discovery Material in this Action.
5 2.13 Professional Vendors: persons or entities that provide litigation
6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 and their employees and subcontractors.
9 2.14 Protected Material: any Disclosure or Discovery Material that is
10 designated as “CONFIDENTIAL.”
11 2.15 Receiving Party: a Party that receives Disclosure or Discovery
12 Material from a Producing Party.
3. SCOPE
13
The protections conferred by this Stipulation and Order cover not only
14
Protected Material (as defined above), but also (1) any information copied or
15
extracted from Protected Material; (2) all copies, excerpts, summaries, or
16
compilations of Protected Material; and (3) any testimony, conversations, or
17
presentations by Parties or their Counsel that might reveal Protected Material.
18
Any use of Protected Material at trial shall be governed by the orders of the
19
trial judge. This Order does not govern the use of Protected Material at trial.
20
4. DURATION
21
FINAL DISPOSITION of the action is defined as the conclusion of any
22
appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal
23
has run. Except as set forth below, the terms of this protective order apply through
24
FINAL DISPOSITION of the action. The parties may stipulate that the they will be
25
contractually bound by the terms of this agreement beyond FINAL DISPOSITION,
26
but will have to file a separate action for enforcement of the agreement once all
27
proceedings in this case are complete.
28
6
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 7 of 17 Page ID #:295
1 Once a case proceeds to trial, information that was designated as
2 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
3 as an exhibit at trial becomes public and will be presumptively available to all
4 members of the public, including the press, unless compelling reasons supported by
5 specific factual findings to proceed otherwise are made to the trial judge in advance
6 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
7 showing for sealing documents produced in discovery from “compelling reasons”
8 standard when merits-related documents are part of court record). Accordingly, for
9 such materials, the terms of this protective order do not extend beyond the
10 commencement of the trial.
11 5. DESIGNATING PROTECTED MATERIAL
12 5.1 Exercise of Restraint and Care in Designating Material for Protection.
13 Each Party or Non-Party that designates information or items for protection under
14 this Order must take care to limit any such designation to specific material that
15 qualifies under the appropriate standards. The Designating Party must designate for
16 protection only those parts of material, documents, items or oral or written
17 communications that qualify so that other portions of the material, documents, items
18 or communications for which protection is not warranted are not swept unjustifiably
19 within the ambit of this Order.
20 Mass, indiscriminate or routinized designations are prohibited. Designations
21 that are shown to be clearly unjustified or that have been made for an improper
22 purpose (e.g., to unnecessarily encumber the case development process or to impose
23 unnecessary expenses and burdens on other parties) may expose the Designating
24 Party to sanctions.
25 If it comes to a Designating Party’s attention that information or items that it
26 designated for protection do not qualify for protection, that Designating Party must
27 promptly notify all other Parties that it is withdrawing the inapplicable designation.
28 5.2 Manner and Timing of Designations. Except as otherwise provided in
7
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 8 of 17 Page ID #:296
1 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
2 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
3 under this Order must be clearly so designated before the material is disclosed or
4 produced.
5 Designation in conformity with this Order requires:
6 (a) for information in documentary form (e.g., paper or electronic
7 documents, but excluding transcripts of depositions or other pretrial or trial
8 proceedings), that the Producing Party affix at a minimum, the legend
9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
10 contains protected material. If only a portion of the material on a page qualifies for
11 protection, the Producing Party also must clearly identify the protected portion(s)
12 (e.g., by making appropriate markings in the margins).
13 A Party or Non-Party that makes original documents available for inspection
14 need not designate them for protection until after the inspecting Party has indicated
15 which documents it would like copied and produced. During the inspection and
16 before the designation, all of the material made available for inspection shall be
17 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
18 documents it wants copied and produced, the Producing Party must determine which
19 documents, or portions thereof, qualify for protection under this Order. Then,
20 before producing the specified documents, the Producing Party must affix the
21 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
22 portion of the material on a page qualifies for protection, the Producing Party also
23 must clearly identify the protected portion(s) (e.g., by making appropriate markings
24 in the margins).
25 (b) for testimony given in depositions that the Designating Party identifies
26 the Disclosure or Discovery Material on the record, before the close of the
27 deposition all protected testimony.
28 (c) for information produced in some form other than documentary and
8
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 9 of 17 Page ID #:297
1 for any other tangible items, that the Producing Party affix in a prominent place on
2 the exterior of the container or containers in which the information is stored the
3 legend “CONFIDENTIAL.” If only a portion or portions of the information
4 warrants protection, the Producing Party, to the extent practicable, shall identify the
5 protected portion(s).
6 (d) in the case of depositions, Designating Party may designate all or any
7 portion of the deposition testimony given regarding the Confidential Information in
8 this litigation as Confidential Information orally during the deposition. Any
9 questions intended to elicit testimony regarding the contents of the Confidential
10 Information shall be conducted only in the presence of persons authorized to review
11 the Confidential Information as provided in this Order. Any deposition transcript
12 containing such questions and testimony shall be subject to the same protections and
13 precautions applicable to the Confidential Information.
14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
15 failure to designate qualified information or items does not, standing alone, waive
16 the Designating Party’s right to secure protection under this Order for such material.
17 Upon timely correction of a designation, the Receiving Party must make reasonable
18 efforts to assure that the material is treated in accordance with the provisions of this
19 Order.
20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
22 designation of confidentiality at any time that is consistent with the Court’s
23 Scheduling Order.
24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
25 resolution process under Local Rule 37.1 et seq.
26 6.3 The burden of persuasion in any such challenge proceeding shall be on
27 the Designating Party. Frivolous challenges, and those made for an improper
28 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
9
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 10 of 17 Page ID #:298
1 parties) may expose the Challenging Party to sanctions. Unless the Designating
2 Party has waived or withdrawn the confidentiality designation, all parties shall
3 continue to afford the material in question the level of protection to which it is
4 entitled under the Producing Party’s designation until the Court rules on the
5 challenge.
6 7. ACCESS TO AND USE OF PROTECTED MATERIAL
7 7.1 Basic Principles. A Receiving Party may use Protected Material that is
8 disclosed or produced by another Party or by a Non-Party in connection with this
9 Action only for prosecuting, defending or attempting to settle this Action. Such
10 Protected Material may be disclosed only to the categories of persons and under the
11 conditions described in this Order. When the Action has been terminated, a
12 Receiving Party must comply with the provisions of section 13 below (FINAL
13 DISPOSITION).
14 Protected Material must be stored and maintained by a Receiving Party at a
15 location and in a secure manner that ensures that access is limited to the persons
16 authorized under this Order.
17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
18 otherwise ordered by the court or permitted in writing by the Designating Party, a
19 Receiving Party may disclose any information or item designated
20 “CONFIDENTIAL” only to:
21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
22 well as employees of said Outside Counsel of Record to whom it is reasonably
23 necessary to disclose the information for this Action;
24 (b) any party to this Action and the officers, directors, and employees
25 (including House Counsel) of the Receiving Party to whom disclosure is reasonably
26 necessary for this Action;
27 (c) Experts (as defined in this Order) of the Receiving Party to whom
28 disclosure is reasonably necessary for this Action and who have signed the
10
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 11 of 17 Page ID #:299
1 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2 (d) the court and its personnel;
3 (e) court reporters and their staff;
4 (f) professional jury or trial consultants, mock jurors, and Professional
5 Vendors to whom disclosure is reasonably necessary for this Action and who have
6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 (g) the author or recipient of a document containing the information or a
8 custodian or other person who otherwise possessed or knew the information;
9 (h) during their depositions, witnesses, and attorneys for witnesses, in the
10 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
11 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
12 not be permitted to keep any confidential information unless they sign the
13 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
14 agreed by the Designating Party or ordered by the court. Pages of transcribed
15 deposition testimony or exhibits to depositions that reveal Protected Material may
16 be separately bound by the court reporter and may not be disclosed to anyone except
17 as permitted under this Stipulated Protective Order; and
18 (i) any mediator or settlement officer, and their supporting personnel,
19 mutually agreed upon by any of the parties engaged in settlement discussions.
20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
21 IN OTHER LITIGATION
22 If a Party is served with a subpoena or a court order issued in other litigation
23 that compels disclosure of any information or items designated in this Action as
24 “CONFIDENTIAL,” that Party must:
25 (a) promptly notify in writing the Designating Party. Such notification
26 shall include a copy of the subpoena or court order;
27 (b) promptly notify in writing the party who caused the subpoena or order
28 to issue in the other litigation that some or all of the material covered by the
11
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 12 of 17 Page ID #:300
1 subpoena or order is subject to this Protective Order. Such notification shall include
2 a copy of this Stipulated Protective Order; and
3 (c) cooperate with respect to all reasonable procedures sought to be
4 pursued by the Designating Party whose Protected Material may be affected.
5 If the Designating Party timely seeks a protective order, the Party served with
6 the subpoena or court order shall not produce any information designated in this
7 action as “CONFIDENTIAL” before a determination by the court from which the
8 subpoena or order issued, unless the Party has obtained the Designating Party’s
9 permission. The Designating Party shall bear the burden and expense of seeking
10 protection in that court of its confidential material and nothing in these provisions
11 should be construed as authorizing or encouraging a Receiving Party in this Action
12 to disobey a lawful directive from another court.
13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
14 PRODUCED IN THIS LITIGATION
15 (a) The terms of this Order are applicable to information produced by a
16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
17 produced by Non-Parties in connection with this litigation is protected by the
18 remedies and relief provided by this Order. Nothing in these provisions should be
19 construed as prohibiting a Non-Party from seeking additional protections.
20 (b) In the event that a Party is required, by a valid discovery request, to
21 produce a Non-Party’s confidential information in its possession, and the Party is
22 subject to an agreement with the Non-Party not to produce the Non-Party’s
23 confidential information, then the Party shall:
24 (1) promptly notify in writing the Requesting Party and the Non-Party
25 that some or all of the information requested is subject to a confidentiality
26 agreement with a Non-Party;
27 (2) promptly provide the Non-Party with a copy of the Stipulated
28 Protective Order in this Action, the relevant discovery request(s), and a reasonably
12
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 13 of 17 Page ID #:301
1 specific description of the information requested; and
2 (3) make the information requested available for inspection by the
3 Non-Party, if requested.
4 (c) If the Non-Party fails to seek a protective order from this court within
5 14 days of receiving the notice and accompanying information, the Receiving Party
6 may produce the Non-Party’s confidential information responsive to the discovery
7 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
8 not produce any information in its possession or control that is subject to the
9 confidentiality agreement with the Non-Party before a determination by the court.
10 Absent a court order to the contrary, the Non-Party shall bear the burden and
11 expense of seeking protection in this court of its Protected Material.
12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
14 Protected Material to any person or in any circumstance not authorized under this
15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
17 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
18 persons to whom unauthorized disclosures were made of all the terms of this Order,
19 and (d) request such person or persons to execute the “Acknowledgment and
20 Agreement to Be Bound” that is attached hereto as Exhibit A.
21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22 PROTECTED MATERIAL
23 When a Producing Party gives notice to Receiving Parties that certain
24 inadvertently produced material is subject to a claim of privilege or other protection,
25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
27 procedure may be established in an e-discovery order that provides for production
28 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
13
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 14 of 17 Page ID #:302
1 (e), insofar as the parties reach an agreement on the effect of disclosure of a
2 communication or information covered by the attorney-client privilege or work
3 product protection, the parties may incorporate their agreement in the stipulated
4 protective order submitted to the court.
5 12. MISCELLANEOUS
6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
7 person to seek its modification by the Court in the future.
8 12.2 Right to Assert Other Objections. By stipulating to the entry of this
9 Protective Order, no Party waives any right it otherwise would have to object to
10 disclosing or producing any information or item on any ground not addressed in this
11 Stipulated Protective Order. Similarly, no Party waives any right to object on any
12 ground to use in evidence of any of the material covered by this Protective Order.
13 12.3 Filing Protected Material. A Party that seeks to file under seal any
14 Protected Material must comply with Local Civil Rule 79-5. Protected Material
15 may only be filed under seal pursuant to a court order authorizing the sealing of the
16 specific Protected Material at issue. If a Party’s request to file Protected Material
17 under seal is denied by the court, then the Receiving Party may file the information
18 in the public record unless otherwise instructed by the court.
19 13. FINAL DISPOSITION
20 After the final disposition of this Action, as defined in paragraph 4, within 60
21 days of a written request by the Designating Party, each Receiving Party must return
22 all Protected Material to the Producing Party or destroy such material. As used in
23 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
24 summaries, and any other format reproducing or capturing any of the Protected
25 Material. Whether the Protected Material is returned or destroyed, the Receiving
26 Party must submit a written certification to the Producing Party (and, if not the same
27 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
28 (by category, where appropriate) all the Protected Material that was returned or
14
Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 15 of 17 Page ID #:303
1 destroyed and (2) affirms that the Receiving Party has not retained any copies,
2 abstracts, compilations, summaries or any other format reproducing or capturing any
3 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
6 reports, attorney work product, and consultant and expert work product, even if such
7 materials contain Protected Material. Any such archival copies that contain or
8 constitute Protected Material remain subject to this Protective Order as set forth in
9 Section 4 (DURATION).
10 14. VIOLATION
11 Any violation of this Order may be punished by appropriate measures including,
12 without limitation, contempt proceedings and/or monetary sanctions.
13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
14
Dated: January 10, 2023 ERCOLANI LAW GROUP
15
16 By /s/ Russ W. Ercolani
Russ W. Ercolani
17
Attorneys for Plaintiffs
18
19
Dated: January 10, 2023 LAWRENCE BEACH ALLEN & CHOI, PC
20
By /s/ Rocco Zambito, Jr.
21 Rocco Zambito, Jr.
Attorneys for County Defendants
22
23
Dated: January 10, 2023 BERTLING LAW GROUP
24
25 By /s/ Jemma Parker Saunders
Jemma Parker Saunders
26 Attorneys for Wellpath Defendants
27
28
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]
2 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
4 || DATED: January 11, 2023
6 Upvr
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8 United States Magistrate Judge
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Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 17 of 17 Page ID #:305
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 Jocelyn Gomez, et al. v. County of Ventura, et al., Case No.
9 2:22-cv-05841-SVW (GJSx). I agree to comply with and to be bound by all the
10 terms of this Stipulated Protective Order and I understand and acknowledge that
11 failure to so comply could expose me to sanctions and punishment in the nature of
12 contempt. I solemnly promise that I will not disclose in any manner any
13 information or item that is subject to this Stipulated Protective Order to any person
14 or entity except in strict compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for the
16 Central District of California for enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action.
18 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25
26 Printed name: _______________________________
27
28 Signature: __________________________________
17