even stipulated 17 protective orders require good cause showing
How later courts described this case
- even stipulated 17 protective orders require good cause showing
Written by the judges who cited it.
The opinion
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UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
SOUTHERN DIVISION
11
12 TIM TEICHERT, PERSONAL Case No.: 8:23-cv-00180-FWS-JDE
REPRESENTATIVE OF THE
13 ESTATE OF MINERVA STIPULATED PROTECTIVE
TEICHERT, ORDER
14
Plaintiff,
15
vs.
16
THE CHURCH OF JESUS CHRIST
17 OF LATTER-DAY SAINTS,
BRIGHAM YOUNG
18 UNIVERSITY, BRIGHAM
YOUNG UNIVERSITY MUSEUM
19 OF ART, DESERET
MANAGEMENT CORPORATION,
20 DESERET BOOK COMPANY and
LATTER-DAY HOME LLC,
21
Defendants.
22
Based on the parties’ Stipulation (Dkt. 51) and for good cause shown,
23
the Court finds as orders as follows.
24
1. PURPOSES AND LIMITATIONS
25
Discovery in this action is likely to involve production of confidential,
26
proprietary or private information for which special protection from public
27
disclosure and from use for any purpose other than pursuing this litigation
28
1
maybe warranted. Accordingly, the parties hereby stipulate to and petition the
2
Court to enter the following Stipulated Protective Order. The parties
3
acknowledge that this Order does not confer blanket protections on all
4
disclosures or responses to discovery and that the protection it affords from
5
public disclosure and use extends only to the limited information or items
6
that are entitled to confidential treatment under the applicable legal
7
principles.
8
2. GOOD CAUSE STATEMENT
9
This action is likely to involve trade secrets, customer and pricing lists
10
and other valuable research, development, commercial, financial, and/or
11
proprietary information for which special protection from public disclosure
12
and from use for any purpose other than prosecution of this action is
13
warranted. Such confidential and proprietary materials and information
14
consist of, among other things, confidential business or financial information,
15
information regarding confidential business practices, or other confidential
16
research, development, or commercial information (including information
17
implicating privacy rights of third parties), information otherwise generally
18
unavailable to the public, or which may be privileged or otherwise protected
19
from disclosure under state or federal statutes, court rules, case decisions, or
20
common law. Accordingly, to expedite the flow of information, to facilitate
21
the prompt resolution of disputes over confidentiality of discovery materials,
22
to adequately protect information the parties are entitled to keep confidential,
23
to ensure that the parties are permitted reasonable necessary uses of such
24
material in preparation for and in the conduct of trial, to address their
25
handling at the end of the litigation, and serve the ends of justice, a protective
26
order for such information is justified in this matter. It is the intent of the
27
parties that information will not be designated as confidential for tactical
28
1
reasons and that nothing be so designated without a good faith belief that it
2
has been maintained in a confidential, non-public manner, and there is good
3
cause why it should not be part of the public record of this case.
4
3. ACKNOWLEDGMENT OF UNDER SEAL FILING
5
PROCEDURE
6
The parties further acknowledge, as set forth in Section 14.3, below,
7
that this Stipulated Protective Order does not entitle them to file confidential
8
information under seal; Local Civil Rule 79-5 sets forth the procedures that
9
must be followed and the standards that will be applied when a party seeks
10
permission from the court to file material under seal. There is a strong
11
presumption that the public has a right of access to judicial proceedings and
12
records in civil cases. In connection with non-dispositive motions, good
13
cause must be shown to support a filing under seal. See Kamakana v. City
14
and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.
15
Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon
16
v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
17
protective orders require good cause showing), and a specific showing of
18
good cause or compelling reasons with proper evidentiary support and legal
19
justification, must be made with respect to Protected Material that a party
20
seeks to file under seal. The parties’ mere designation of Disclosure or
21
Discovery Material as CONFIDENTIAL does not— without the submission
22
of competent evidence by declaration, establishing that the material sought to
23
be filed under seal qualifies as confidential, privileged, or otherwise
24
protectable—constitute good cause.
25
Further, if a party requests sealing related to a dispositive motion or
26
trial, then compelling reasons, not only good cause, for the sealing must be
27
shown, and the relief sought shall be narrowly tailored to serve the specific
28
1
interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665,
2
677-79 (9th Cir. 2010). For each item or type of information, document, or
3
thing sought to be filed or introduced under seal, the party seeking protection
4
must articulate compelling reasons, supported by specific facts and legal
5
justification, for the requested sealing order. Again, competent evidence
6
supporting the application to file documents under seal must be provided by
7
declaration.
8
Any document that is not confidential, privileged, or otherwise
9
protectable in its entirety will not be filed under seal if the confidential
10
portions can be redacted. If documents can be redacted, then a redacted
11
version for public viewing, omitting only the confidential, privileged, or
12
otherwise protectable portions of the document, shall be filed. Any
13
application that seeks to file documents under seal in their entirety should
14
include an explanation of why redaction is not feasible.
15
4. DEFINITIONS
16
4.1 Action: the above-captioned proceeding, Tim Teichert, Personal
17
Representative of the Estate of Minerva Teichert v. The Church of Jesus
18
Christ of Latter-day Saints, et al., United States District Court for the Central
19
District of California Case No. 8:23-cv-00180-FWS-JDE.
20
4.2 Challenging Party: a Party or Non-Party that challenges the
21
designation of information or items under this Order.
22
4.3 “CONFIDENTIAL” Information or Items: information
23
(regardless of how it is generated, stored or maintained) or tangible things
24
that qualify for protection under Federal Rule of Civil Procedure 26(c), and
25
as specified above in the Good Cause Statement.
26
4.4 Counsel: Outside Counsel for a Party to this Action and House
27
Counsel (as well as their support staff).
28
1
4.5 Designating Party: a Party or Non-Party that designates
2
information or items that it produces in disclosures or in responses to
3
discovery as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL –
4
ATTORNEYS’ EYES ONLY.”
5
4.6 Disclosure or Discovery Material: all items or information,
6
regardless of the medium or manner in which it is generated, stored, or
7
maintained (including, among other things, testimony, transcripts, and
8
tangible things), that are produced or generated in disclosures or responses to
9
discovery.
10
4.7 Expert: a person with specialized knowledge or experience in a
11
matter pertinent to the litigation who has been retained by a party or its
12
counsel to serve as an expert witness or as a consultant in this Action.
13
4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
14
Information or Items: “Confidential Information or Items” that the
15
Designating Party reasonably believes contain highly sensitive private
16
material, including but not limited to non-public business or financial
17
information, the disclosure of which to another Party or Non-Party would
18
create a substantial risk of serious harm, including to the Designating Party’s
19
business, that could not be avoided by less restrictive means.
20
4.9 House Counsel: attorneys who are employees of a party to this
21
Action. House Counsel does not include Outside Counsel of Record or any
22
other Outside Counsel.
23
4.10 Non-Party: any natural person, partnership, corporation,
24
association or other legal entity not named as a Party to this action.
25
4.11 Outside Counsel of Record: attorneys who are not employees of
26
a party to this Action but are retained to represent a party to this Action and
27
have appeared in this Action on behalf of that party or are affiliated with a
28
1
law firm that has appeared on behalf of that party, and includes support staff.
2
4.12 Outside Counsel: attorneys who are not employees of a party to
3
this Action and who have not appeared in this Action, but are retained to
4
represent a party to this Action or are affiliated with a law firm that
5
represents a party to this Action, and includes support staff. Outside Counsel
6
shall also include Outside Counsel of Record.
7
4.13 Party: any party to this Action, including all of its officers,
8
directors, employees, consultants, retained experts, and Outside Counsel of
9
Record (and their support staffs).
10
4.14 Producing Party: a Party or Non-Party that produces Disclosure
11
or Discovery Material in this Action.
12
4.15 Professional Vendors: persons or entities that provide litigation
13
support services (e.g., photocopying, videotaping, translating, preparing
14
exhibits or demonstrations, and organizing, storing, or retrieving data in any
15
form or medium) and their employees and subcontractors.
16
4.16 Protected Material: any Disclosure or Discovery Material that is
17
designated as “CONFIDENTIAL” or
18
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
19
4.17 Receiving Party: a Party that receives Disclosure or Discovery
20
Material from a Producing Party.
21
5. SCOPE
22
The protections conferred by this Stipulation and Order cover not only
23
Protected Material (as defined above), but also (1) any information copied or
24
extracted from Protected Material; (2) all copies, excerpts, summaries, or
25
compilations of Protected Material; and (3) any testimony, conversations, or
26
presentations by Parties or their Counsel that might reveal Protected Material.
27
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Any use of Protected Material at trial shall be governed by the orders
2
of the trial judge and other applicable authorities. This Order does not govern
3
the use of Protected Material at trial.
4
6. DURATION
5
Once a case proceeds to trial, information that was designated as
6
CONFIDENTIAL or maintained pursuant to this protective order used or
7
introduced as an exhibit at trial becomes public and will be presumptively
8
available to all members of the public, including the press, unless compelling
9
reasons supported by specific factual findings to proceed otherwise are made
10
to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
11
(distinguishing “good cause” showing for sealing documents produced in
12
discovery from “compelling reasons” standard when merits-related
13
documents are part of court record). Accordingly, the terms of this protective
14
order do not extend beyond the commencement of the trial.
15
7. DESIGNATING PROTECTED MATERIAL
16
7.1 Exercise of Restraint and Care in Designating Material for
17
Protection. Each Party or Non-Party that designates
18
information or items for protection under this Order must take care to limit
19
any such designation to specific material that qualifies under the appropriate
20
standards. The Designating Party must designate for protection only those
21
parts of material, documents, items or oral or written communications that
22
qualify so that other portions of the material, documents, items or
23
communications for which protection is not warranted are not swept
24
unjustifiably within the ambit of this Order.
25
Mass, indiscriminate or routinized designations are prohibited.
26
Designations that are shown to be clearly unjustified or that have been made
27
for an improper purpose (e.g., to unnecessarily encumber the case
28
1
development process or to impose unnecessary expenses and burdens on
2
other parties) may expose the Designating Party to sanctions.
3
If it comes to a Designating Party’s attention that information or items
4
that it designated for protection do not qualify for protection, that
5
Designating Party must promptly notify all other Parties that it is
6
withdrawing the inapplicable designation.
7
7.2 Manner and Timing of Designations. Except as otherwise
8
provided in this Order, or as otherwise stipulated or ordered, Disclosure of
9
Discovery Material that qualifies for protection under this Order must be
10
clearly so designated before the material is disclosed or produced.
11
Designation in conformity with this Order requires:
12
(a) for information in documentary form (e.g., paper or
13
electronic documents, but excluding transcripts of depositions or other
14
pretrial or trial proceedings), that the Producing Party affix at a minimum, the
15
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
16
ATTORNEYS’ EYES ONLY”, to each page that contains protected material.
17
If only a portion of the material on a page qualifies for protection, the
18
Producing Party also must clearly identify the protected portion(s) (e.g., by
19
making appropriate markings in the margins).
20
A Party or Non-Party that makes original documents available for
21
inspection need not designate them for protection until after the inspecting
22
Party has indicated which documents it would like copied and produced.
23
During the inspection and before the designation, all of the material made
24
available for inspection shall be deemed “CONFIDENTIAL.” After the
25
inspecting Party has identified the documents it wants copied and produced,
26
the Producing Party must determine which documents, or portions thereof,
27
qualify for protection under this Order. Then, before producing the specified
28
1
documents, the Producing Party must affix the “CONFIDENTIAL” or
2
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to
3
each page that contains Protected Material. If only a portion of the material
4
on a page qualifies for protection, the Producing Party also must clearly
5
identify the protected portion(s) (e.g., by making appropriate markings in the
6
margins).
7
(b) depositions or other pretrial testimony shall be designated by
8
notice via email or in writing, sent to all Parties within ten (10) business days
9
after receiving a copy of the final transcript, and by directing the court
10
reporter that the appropriate confidentiality legend be affixed to the first page
11
of the original and all copies of the transcript containing any
12
“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
13
EYES ONLY” material. Unless otherwise stated on the record, all
14
depositions and other pretrial testimony shall be deemed to be
15
“CONFIDENTIAL” until the expiration of the tenth business day after
16
counsel receives a copy of the transcript, after which time such deposition or
17
pretrial testimony shall be treated in accordance with its actual designation, if
18
any. The Parties may modify this procedure for any particular deposition,
19
through agreement on the record at such deposition, without further order of
20
the Court.
21
(c) for information produced in some form other than
22
documentary and for any other tangible items, that the Producing Party affix
23
in a prominent place on the exterior of the container or containers in which
24
the information is stored the legend “CONFIDENTIAL” or “HIGHLY
25
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or
26
portions of the information warrants protection, the Producing Party, to the
27
extent practicable, shall identify the protected portion(s).
28
1
7.3 Inadvertent Failures to Designate. If timely corrected, an
2
inadvertent failure to designate qualified information or items does not,
3
standing alone, waive the Designating Party’s right to secure protection under
4
this Order for such material. Upon timely correction of a designation, the
5
Receiving Party must make reasonable efforts to assure that the material is
6
treated in accordance with the provisions of this Order.
7
8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
9
designation of confidentiality at any time that is consistent with the Court’s
10
Scheduling Order.
11
8.2 Meet and Confer. The Challenging Party shall initiate the
12
dispute resolution process under Local Rule 37-1 et seq.
13
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via
14
a joint stipulation pursuant to Local Rule 37-2.
15
8.4 The burden of persuasion in any such challenge proceeding shall be
16
on the Designating Party. Frivolous challenges, and those made for an
17
improper purpose (e.g., to harass or impose unnecessary expenses and
18
burdens on other parties) may expose the Challenging Party to sanctions.
19
Unless the Designating Party has waived or withdrawn the confidentiality
20
designation, all parties shall continue to afford the material in question the
21
level of protection to which it is entitled under the Producing Party’s
22
designation until the Court rules on the challenge.
23
24 9. ACCESS TO AND USE OF PROTECTED MATERIAL
25 9.1 Basic Principles. A Receiving Party may use Protected Material
26 that is disclosed or produced by another Party or by a Non-Party in
27 connection with this Action only for prosecuting, defending or attempting to
28
1
settle this Action. Such Protected Material may be disclosed only to the
2
categories of persons and under the conditions described in this Order. When
3
the Action has been terminated, a Receiving Party must comply with the
4
provisions of section 15 below (FINAL DISPOSITION).
5
Protected Material must be stored and maintained by a Receiving Party
6
at a location and in a secure manner that ensures that access is limited to the
7
persons authorized under this Order.
8
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
9
otherwise ordered by the court or permitted in writing by the Designating
10
Party, a Receiving Party may disclose any information or item designated
11
“CONFIDENTIAL” only to:
12
(a) the Receiving Party’s Outside Counsel, as well as employees
13
of said Outside Counsel to whom it is reasonably necessary to disclose the
14
information for this Action;
15
(b) the officers, directors, and employees (including House
16
Counsel) of the Receiving Party to whom disclosure is reasonably necessary
17
for this Action;
18
(c) Experts (as defined in this Order) of the Receiving Party to
19
whom disclosure is reasonably necessary for this Action and who have
20
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21
(d) the court and its personnel;
22
(e) court reporters and their staff;
23
(f) professional jury or trial consultants, mock jurors, and
24
Professional Vendors to whom disclosure is reasonably necessary for this
25
Action and who have signed the “Acknowledgment and Agreement to Be
26
Bound” (Exhibit A);
27
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1
(g) the author or recipient of a document containing the
2
information or a custodian or other person who otherwise possessed or knew
3
the information;
4
(h) during their depositions, witnesses, and attorneys for
5
witnesses, in the Action to whom disclosure is reasonably necessary
6
provided: (1) the deposing party requests that the witness sign the form
7
attached as Exhibit A hereto; and (2) they will not be permitted to keep any
8
confidential information unless they sign the “Acknowledgment and
9
Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
10
Designating Party or ordered by the court. Pages of transcribed deposition
11
testimony or exhibits to depositions that reveal Protected Material may be
12
separately bound by the court reporter and may not be disclosed to anyone
13
except as permitted under this Stipulated Protective Order; and
14
(i) any mediators or settlement officers and their supporting
15
personnel, mutually agreed upon by any of the parties engaged in settlement
16
discussions.
17
9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’
18
EYES ONLY” Information or Items. Unless otherwise ordered by the Court
19
or permitted in writing by the Designating Party, a Receiving Party may
20
disclose any information or item designated “HIGHLY CONFIDENTIAL –
21
ATTORNEYS’ EYES ONLY” only to:
22
(a) the Receiving Party’s Outside Counsel, such counsel’s
23
immediate paralegals and staff, and any copying or clerical litigation
24
support services working at the direction of such counsel, paralegals,
25
and staff;
26
(b) House Counsel of the Receiving Party to whom disclosure is
27
reasonably necessary for this Action;
28
1
(c) Experts (as defined in this Order) of the Receiving Party to
2
whom disclosure is reasonably necessary for this Action and who have
3
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
4
A);
5
(d) the court and its personnel;
6
(e) court reporters and their staff;
7
(f) professional jury or trial consultants, mock jurors, and
8
Professional Vendors to whom disclosure is reasonably necessary for
9
this Action and who have signed the “Acknowledgment and
10
Agreement to Be Bound” (Exhibit A);
11
(g) the author or recipient of a document containing the
12
information or a custodian or other person who otherwise possessed or
13
knew the information;
14
(h) during their depositions, witnesses, and attorneys for
15
witnesses, in the Action to whom disclosure is reasonably necessary
16
provided: (1) the deposing party requests that the witness sign the form
17
attached as Exhibit A hereto; and (2) they will not be permitted to keep
18
any confidential information unless they sign the “Acknowledgment
19
and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by
20
the Designating Party or ordered by the court. Pages of transcribed
21
deposition testimony or exhibits to depositions that reveal Protected
22
Material may be separately bound by the court reporter and may not be
23
disclosed to anyone except as permitted under this Stipulated
24
Protective Order; and
25
(i) any mediators or settlement officers and their supporting
26
personnel, mutually agreed upon by any of the parties engaged in
27
settlement discussions
28
1
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2
PRODUCED IN OTHER LITIGATION
3
If a Party is served with a subpoena or a court order issued in other
4
litigation that compels disclosure of any information or items designated in
5
this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
6
ATTORNEYS’ EYES ONLY” that Party must:
7
(a) promptly notify in writing the Designating Party. Such
8
notification shall include a copy of the subpoena or court order;
9
(b) promptly notify in writing the party who caused the
10
subpoena or order to issue in the other litigation that some or all of the
11
material covered by the subpoena or order is subject to this Protective Order.
12
Such notification shall include a copy of this Stipulated Protective Order; and
13
(c) cooperate with respect to all reasonable procedures sought to
14
be pursued by the Designating Party whose Protected Material may be
15
affected. If the Designating Party timely seeks a protective order, the Party
16
served with the subpoena or court order shall not produce any information
17
designated in this action as “CONFIDENTIAL” or “HIGHLY
18
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination
19
by the court from which the subpoena or order issued, unless the Party has
20
obtained the Designating Party’s permission. The Designating Party shall
21
bear the burden and expense of seeking protection in that court of its
22
confidential material and nothing in these provisions should be construed as
23
authorizing or encouraging a Receiving Party in this Action to disobey a
24
lawful directive from another court.
25
/ / /
26
/ / /
27
/ / /
28
1
11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
2
BE PRODUCED IN THIS LITIGATION
3
(a) The terms of this Order are applicable to information
4
produced by a Non-Party in this Action and designated as
5
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
6
EYES ONLY.” Such information produced by Non-Parties in connection
7
with this litigation is protected by the remedies and relief provided by this
8
Order. Nothing in these provisions should be construed as prohibiting a Non-
9
Party from seeking additional protections.
10
(b) In the event that a Party is required, by a valid discovery
11
request, to produce a Non-Party’s confidential information in its possession,
12
and the Party is subject to an agreement with the Non-Party not to produce
13
the Non-Party’s confidential information, then the Party shall:
14
(1) promptly notify in writing the Requesting Party and the Non-
15
Party that some or all of the information requested is subject to a
16
confidentiality agreement with a Non-Party;
17
(2) promptly provide the Non-Party with a copy of the
18
Stipulated Protective Order in this Action, the relevant discovery request(s),
19
and a reasonably specific description of the information requested; and
20
(3) make the information requested available for inspection by
21
the Non-Party, if requested.
22
(c) If the Non-Party fails to seek a protective order from this
23
court within 14 days of receiving the notice and accompanying information,
24
the Receiving Party may produce the Non-Party’s confidential information
25
responsive to the discovery request. If the Non-Party timely seeks a
26
protective order, the Receiving Party shall not produce any information in its
27
possession or control that is subject to the confidentiality agreement with the
28
1
Non-Party before a determination by the court. Absent a court order to the
2
contrary, the Non-Party shall bear the burden and expense of seeking
3
protection in this court of its Protected Material.
4
12. UNAUTHORIZED DISCLOSURE OF PROTECTED
5
MATERIAL
6
If a Receiving Party learns that, by inadvertence or otherwise, it has
7
disclosed Protected Material to any person or in any circumstance not
8
authorized under this Stipulated Protective Order, the Receiving Party must
9
immediately (a) notify in writing the Designating Party of the unauthorized
10
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
11
Protected Material, (c) inform the person or persons to whom unauthorized
12
disclosures were made of all the terms of this Order, and (d) request such
13
person or persons to execute the “Acknowledgment an Agreement to Be
14
Bound” attached hereto as Exhibit A.
15
13. INADVERTENT PRODUCTION OF PRIVILEGED OR
16
OTHERWISE PROTECTED MATERIAL
17
When a Producing Party gives notice to Receiving Parties that certain
18
inadvertently produced material is subject to a claim of privilege or other
19
protection, the obligations of the Receiving Parties are those set forth in
20
Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
21
modify whatever procedure may be established in an e-discovery order that
22
provides for production without prior privilege review. Pursuant to Federal
23
Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
24
the effect of disclosure of a communication or information covered by the
25
attorney-client privilege or work product protection, the parties may
26
incorporate their agreement in the stipulated protective order submitted to the
27
court.
28
1
14. MISCELLANEOUS
2
14.1 Right to Further Relief. Nothing in this Order abridges the right
3
of any person to seek its modification by the Court in the future.
4
14.2 Right to Assert Other Objections. By stipulating to the entry of
5
this Protective Order, no Party waives any right it otherwise would have to
6
object to disclosing or producing any information or item on any ground not
7
addressed in this Stipulated Protective Order. Similarly, no Party waives any
8
right to object on any ground to use in evidence of any of the material
9
covered by this Protective Order.
10
14.3 Filing Protected Material. A Party that seeks to file under seal any
11
Protected Material must comply with Local Civil Rule 79-5. Protected
12
Material may only be filed under seal pursuant to a court order authorizing
13
the sealing of the specific Protected Material. If a Party’s request to file
14
Protected Material under seal is denied by the court, then the Receiving Party
15
may file the information in the public record unless otherwise instructed by
16
the court.
17
15. FINAL DISPOSITION
18
After the final disposition of this Action, as defined in paragraph 6,
19
within 60 days of a written request by the Designating Party, each Receiving
20
Party must return all Protected Material to the Producing Party or destroy
21
such material. As used in this subdivision, “all Protected Material” includes
22
all copies, abstracts, compilations, summaries, and any other format
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reproducing or capturing any of the Protected Material. Whether the
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Protected Material is returned or destroyed, the Receiving Party must submit
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a written certification to the Producing Party (and, if not the same person or
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entity, to the Designating Party) by the 60-day deadline that (1) identifies (by
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category, where appropriate) all the Protected Material that was returned or
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destroyed and (2) affirms that the Receiving Party has not retained any
3 copies, abstracts, compilations, summaries or any other format reproducing
capturing any of the Protected Material. Notwithstanding this provision,
5 Counsel are entitled to retain an archival copy of all pleadings, motion
6 || Papers, trial, deposition, and hearing transcripts, legal memoranda,
4 correspondence, deposition and trial exhibits, expert reports, attorney work
product, and consultant and expert work product, even if such materials
9 contain Protected Material. Any such archival copies that contain or
10 constitute Protected Material remain subject to this Protective Order as set
forth in Section 6 (DURATION).
16. VIOLATION
3 Any violation of this Order may be punished by appropriate measures
4 including, without limitation, contempt proceedings and/or monetary
5 sanctions.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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ig DATED: 09/14/2023
Vf
whine eg
21 nited States Magistrate Judge
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1
EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [print or type full name], of
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_________________ [print or type full address], declare under penalty of perjury that I have
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read in its entirety and understand the Stipulated Protective Order that was issued by the
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United States District Court for the Central District of California on September 14, 2023, in
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the case of Tim Teichert, Personal Representative of the Estate of Minerva Teichert v. The
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Church of Jesus Christ of Latter-day Saints, et al. (Case No. 8:23-cv-00180-FWS-JDE). I
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agree to comply with and to be bound by all the terms of this Stipulated Protective Order and
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I understand and acknowledge that failure to so comply could expose me to sanctions and
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punishment in the nature of contempt. I solemnly promise that I will not disclose in any
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manner any information or item that is subject to this Stipulated Protective Order to any
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person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the
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Central District of California for the purpose of enforcing the terms of this Stipulated
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Protective Order, even if such enforcement proceedings occur after termination of this
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action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and telephone
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number] as my California agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective Order.
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Date: ______________________________________
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City and State where sworn and signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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