Daniel Williams v. City of Colton et al
Filing
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PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS by Magistrate Judge Sheri Pym: [NOTE CHANGES MADE BY COURT IN PARAGRAPHS 1, 3.2(b),AND 5.5] (SEE ORDER FOR DETAILS). (kca)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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DANIEL WILLIAMS
Case No.: 5:13-CV-00915-GHK(SPx)
[Hon. George H. King, District Judge;
Hon. Sheri Pym, Magistrate Judge]
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vs.
Plaintiffs,
PROTECTIVE ORDER RE
CONFIDENTIAL DOCUMENTS
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CITY OF COLTON, COLTON POLICE [NOTE CHANGES MADE BY 3.2(b),
COURT IN PARAGRAPHS 1,
OFFICER ANTHONY JAEGER, and
AND 5.5]
DOES 1 through 10, Inclusive
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Defendants.
Complaint Filed:
May 16, 2013
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PURSUANT TO THE STIPULATION OF THE PARTIES (“Stipulation of the
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Parties for Protective Order re Confidential Documents”), and pursuant to the Court’s
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inherent and statutory authority, including but not limited to the Court’s authority
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under the applicable Federal Rules of Civil Procedure and the United States District
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Court, Central District of California Local Rules; after due consideration of all of the
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relevant pleadings, papers, and records in this action; and upon such other evidence or
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PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS
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argument as was presented to the Court; Good Cause appearing therefor, and in
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furtherance of the interests of justice,
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IT IS HEREBY ORDERED that:
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SCOPE OF PROTECTION.
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The protections conferred by the parties’ Stipulation and this Order cover not
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only Protected Material/Confidential Documents (as defined in the Stipulation), but
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also (1) any information copied or extracted from Protected Material; (2) all copies,
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excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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conversations, or presentations by Parties or their Counsel that might reveal Protected
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Material. However, the protections conferred by the parties’ Stipulation and this Order
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do not cover the following information: (a) any information that is in the public
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domain at the time of disclosure to a Receiving Party or becomes part of the public
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domain after its disclosure to a Receiving Party as a result of publication not involving
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a violation of this Order, including becoming part of the public record through trial or
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otherwise; and (b) any information known to the Receiving Party prior to the
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disclosure or obtained by the Receiving Party after the disclosure from a source who
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obtained the information lawfully and under no obligation of confidentiality to the
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Designating Party.
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Except to the extent specified herein (if any), any use of Protected Material at
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trial shall not be governed by this Order, but may be governed by a separate agreement
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or order.
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2.
DURATION OF PROTECTION.
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Even after final disposition of this litigation, the confidentiality obligations
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imposed by this Order shall remain in effect until a Designating Party agrees otherwise
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in writing or a court order otherwise directs.
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Final disposition shall be deemed to be the later of (1) dismissal of all claims
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and defenses in this action, with or without prejudice; and (2) final judgment herein
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after the completion and exhaustion of all appeals, rehearings, remands, trials, or
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PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS
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reviews of this action, including the time limits for filing any motions or applications
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for extension of time pursuant to applicable law.
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3.
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DOCUMENTS.
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3.1.
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Each Party or non-party that designates information or items for protection under
DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL
Exercise of Restraint and Care in Designating Material for Protection.
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the parties’ Stipulation and this Order must take care to limit any such designation to
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specific material that qualifies under the appropriate standards. A Designating Party
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must take care to designate for protection only those parts of material, documents,
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items, or oral or written communications that qualify – so that other portions of the
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material, documents, items or communications for which protection is not warranted
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are not swept unjustifiably within the ambit of this Order.
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Mass, indiscriminate, or routine designations are prohibited. Designations that
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are shown to be clearly unjustified, or that have been made for an improper purpose
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(e.g., to unnecessarily encumber or retard the case development process, or to impose
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unnecessary expenses and burdens on other parties), expose the Designating Party to
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sanctions.
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If it comes to a Party’s or a non-party’s attention that information or items that it
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designated for protection do not qualify for protection at all, or do not qualify for the
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level of protection initially asserted, that Party or non-party must promptly notify all
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other parties that it is withdrawing the mistaken designation.
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3.2.
Manner and Timing of Designations. Except as otherwise provided in this
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Order, or as otherwise stipulated or ordered, material that qualifies for protection under
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this Order must be clearly so designated before the material is disclosed or produced.
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Designation in conformity with this Order requires:
(a)
for information in documentary form (apart from transcripts of
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depositions or other pretrial or trial proceedings, and regardless of whether
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produced in hardcopy or electronic form), that the Producing Party affix the
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legend “CONFIDENTIAL” to each page that contains Protected Material. If
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only a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by
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making appropriate markings in the margins) and must specify, for each portion
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that it is “CONFIDENTIAL.” The placement of such “CONFIDENTIAL”
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stamp on such page(s) shall not obstruct the substance of the page’s (or pages’)
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text or content.
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A Party or Non-Party that makes original documents or materials
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available for inspection need not designate them for protection until after the
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inspecting Party has indicated which material it would like copied and produced.
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During the inspection and before the designation, all of the material made
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available for inspection shall be deemed “CONFIDENTIAL.” After the
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inspecting Party has identified the documents it wants copied and produced, the
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Producing Party must determine which documents, or portions thereof, qualify
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for protection under this Order. Then, before producing the specified
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documents, the Producing Party must affix the “CONFIDENTIAL” legend to
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each page that contains Protected Material. If only a portion or portions of the
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material on a page qualifies for protection, the Producing Party also must clearly
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identify the protected portion(s) (e.g., by making appropriate markings in the
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margins).
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(b)
for testimony given in deposition or in other pretrial proceedings,
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that the Party or non-party offering or sponsoring the testimony identify on the
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record, before the close of the deposition, hearing, or other proceeding, all
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protected testimony, and further specify any portions of the testimony that
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qualify as “CONFIDENTIAL.” When it is impractical to identify separately
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each portion of testimony that is entitled to protection, and when it appears that
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substantial portions of the testimony may qualify for protection, the Producing
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Party may invoke on the record (before the deposition or proceeding is
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PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS
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concluded) a right to have up to twenty (20) days to identify the specific portions
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of the testimony as “CONFIDENTIAL.” Only those portions of the testimony
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that are appropriately designated as “CONFIDENTIAL” for protection within
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the 20 days shall be covered by the provisions of the parties’ Stipulation and this
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Protective Order.
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Transcript pages containing Protected Material must be separately bound
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by the court reporter, who must affix to each such page the legend
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“CONFIDENTIAL,” as instructed by the Producing Party.
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(c)
for information produced in some form other than documentary,
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and for any other tangible items (including but not limited to information
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produced on disc or electronic data storage device), that the Producing Party
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affix in a prominent place on the exterior of the container or containers in which
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the information or item is stored the legend “CONFIDENTIAL.” If only
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portions of the information or item warrant protection, the Producing Party, to
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the extent practicable, shall identify the protected portions, specifying the
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material as “CONFIDENTIAL.”
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3.3.
Inadvertent Failures to Designate. If timely corrected (preferably, though
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not necessarily, within 30 days of production or disclosure of such material), an
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inadvertent failure to designate qualified information or items as “CONFIDENTIAL”
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does not, standing alone, waive the Designating Party’s right to secure protection under
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the parties’ Stipulation and this Order for such material. If material is appropriately
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designated as “CONFIDENTIAL” after the material was initially produced, the
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Receiving Party, on timely notification of the designation, must make reasonable
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efforts to assure that the material is treated in accordance with the parties’ Stipulation
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and this Order.
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3.4.
Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall
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not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove a
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“CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any
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other action so as to make it appear that Protected Material is not subject to the terms
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and provisions of the parties’ Stipulation and this Order. However, nothing in this
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section shall be construed so as to prevent a Receiving Party from challenging a
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confidentiality designation subject to the provisions of section 4, infra.
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4.
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CHALLENGING CONFIDENTIALITY DESIGNATIONS.
4.1.
Timing of Challenges. Any Party or Non-Party may challenge a
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designation of confidentiality at any time prior to the final pre-trial conference with the
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Court in the matter. Unless a prompt challenge to a Designating Party’s confidentiality
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designation is necessary to avoid foreseeable substantial unfairness, unnecessary
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economic burdens, or a later significant disruption or delay of the litigation, a Party
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does not waive its right to challenge a confidentiality designation by electing not to
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mount a challenge promptly after the original designation is disclosed.
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4.2.
Meet and Confer. Prior to challenging a confidentiality designation, a
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Challenging Party shall initiate a dispute resolution process by providing written notice
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of each specific designation it is challenging, and describing the basis (and supporting
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authority or argument) for each challenge. To avoid ambiguity as to whether a
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challenge has been made, the written notice must recite that the challenge to
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confidentiality is being made in accordance with this specific paragraph of this
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Protective Order. The parties shall attempt to resolve each challenge in good faith and
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must begin the process by conferring directly (in voice to voice dialogue, either in
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person, telephonically, or by other comparable means, but not by correspondence)
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within 14 days of the date of service of notice.
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In conferring, the Challenging Party must explain the specific basis for its belief
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that the confidentiality designation was not proper and must give the Designating Party
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an opportunity to review the designated material, to reconsider the circumstances, and,
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if no change in designation is offered, to explain the basis for the chosen designation.
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A Challenging Party may proceed to the next stage of the challenge process only if it
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has engaged in this meet and confer process first or establishes that the Designating
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Party is unwilling to participate in the meet and confer process in a timely manner.
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4.3.
Judicial Intervention. If the Parties cannot resolve a confidentiality
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challenge without court intervention, the Challenging Party shall file and serve a
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motion to remove confidentiality (under the applicable rules for filing and service of
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discovery motions) within 14 days of the parties agreeing that the meet and confer
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process will not resolve their dispute, or by the first day of trial of this matter,
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whichever date is earlier – unless the parties agree in writing to a longer time. Each
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such motion must be accompanied by a competent declaration affirming that the
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movant has complied with the meet and confer requirements imposed in the preceding
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paragraph. In addition, the Challenging Party may file a motion challenging a
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confidentiality designation at any time if there is good cause for doing so, including a
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challenge to the designation of a deposition transcript or any portions thereof. Any
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motion brought pursuant to this provision must be accompanied by a competent
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declaration affirming that the movant has complied with the meet and confer
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requirements imposed by the preceding paragraph.
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The burden of persuasion in any such challenge proceeding shall be on the
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Designating Party, regardless of whether the Designating Party is the moving party or
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whether such Party sought or opposes judicial intervention. Frivolous challenges, and
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those made for an improper purpose (e.g., to harass or impose unnecessary expenses
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and burdens on other parties) may expose the Challenging Party to sanctions. Unless
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the Designating Party has waived the confidentiality designation by failing to oppose a
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motion to remove confidentiality as described above, all parties shall continue to afford
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the material in question the level of protection to which it is entitled under the
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Producing Party’s designation until the court rules on the challenge.
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4.4.
Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
Designating Party may remove Protected Material/Confidential Documents from some
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or all of the protections and provisions of the parties’ Stipulation and this Order at any
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time by any of the following methods:
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(a)
Express Written Withdrawal. A Designating Party may withdraw a
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“CONFIDENTIAL” designation made to any specified Protected
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Material/Confidential Documents from some or all of the protections of the
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parties’ Stipulation and this Order by an express withdrawal in a writing signed
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by such Party (or such Party’s Counsel, but not including staff of such Counsel)
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that specifies and itemizes the Disclosure or Discovery Material previously
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designated as Protected Material/Confidential Documents that shall no longer be
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subject to all or some of the provisions of the parties’ Stipulation and Order.
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Such express withdrawal shall be effective when transmitted or served upon the
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Receiving Party. If a Designating Party is withdrawing Protected Material from
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only some of the provisions/protections of the parties’ Stipulation and this
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Order, such Party must state which specific provisions are no longer to be
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enforced as to the specified material for which confidentiality protection
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hereunder is withdrawn: otherwise, such withdrawal shall be construed as a
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withdrawal of such material from all of the protections/provisions of the parties’
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Stipulation and this Order;
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(b)
Express Withdrawal on the Record. A Designating Party may
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withdraw a “CONFIDENTIAL” designation made to any specified Protected
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Material/Confidential Documents from all of the provisions/protections of the
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parties’ Stipulation and this Order by verbally consenting in court proceedings
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on the record to such withdrawal – provided that such withdrawal specifies the
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Disclosure or Discovery Material previously designated as Protected
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Material/Confidential Documents that shall no longer be subject to any of the
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provisions of the parties’ Stipulation and this Order. A Designating Party is not
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permitted to withdraw Protected Material from only some of the
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protections/provisions of the parties’ Stipulation and this Order by this method;
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PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS
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(c)
Implicit Withdrawal by Publication or Failure to Oppose Challenge.
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A Designating Party shall be construed to have withdrawn a
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“CONFIDENTIAL” designation made to any specified Protected
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Material/Confidential Documents from all of the provisions/protections of the
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parties’ Stipulation and this Order by either (1) making such Protected
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Material/Confidential Records part of the public record – including but not
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limited to attaching such as exhibits to any filing with the court without moving,
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prior to such filing, for the court to seal such records; or (2) failing to timely
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oppose a Challenging Party’s motion to remove a “CONFIDENTIAL”
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designation to specified Protected Material/Confidential Documents. Nothing in
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the parties’ Stipulation and this Order shall be construed so as to require any
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Party to file Protected Material/Confidential Documents under seal, unless
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expressly specified herein.
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5.
ACCESS TO AND USE OF PROTECTED MATERIAL.
5.1.
Basic Principles. A Receiving Party may use Protected Material that is
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disclosed or produced by another Party or by a non-party in connection with this case
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only for preparing, prosecuting, defending, or attempting to settle this litigation – up to
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and including final disposition of the above-entitled action – and not for any other
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purpose, including any other litigation or dispute outside the scope of this action. Such
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Protected Material may be disclosed only to the categories of persons and under the
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conditions described in the parties’ Stipulation and this Order. When the above
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entitled litigation has been terminated, a Receiving Party must comply with the
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provisions of section 10, below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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location and in a secure manner that ensures that access is limited to the persons
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authorized under the parties’ Stipulation and its Order.
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5.2.
Disclosure of “CONFIDENTIAL” Information or Items. Unless
otherwise ordered by the Court or permitted in writing by the Designating Party, a
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Receiving Party may disclose any information or item designated CONFIDENTIAL
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only to:
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(a)
the Receiving Party’s Outside Counsel of record in this action, as
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well as employees of such Counsel to whom it is reasonably necessary to
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disclose the information for this litigation;
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(b)
the officers, directors, and employees (including House Counsel) of
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the Receiving Party to whom disclosure is reasonably necessary for this
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litigation – each of whom, by accepting receipt of such Protected Material,
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thereby agree to be bound by the parties’ Stipulation and this Order;
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(c)
Experts (as defined in the parties’ Stipulation and this Order) of the
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Receiving Party to whom disclosure is reasonably necessary for this litigation –
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each of whom, by accepting receipt of such Protected Material, thereby agree to
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be bound by the parties’ Stipulation and this Order;
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(d)
the Court and its personnel;
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(e)
court reporters, their staffs, and Professional Vendors to whom
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disclosure is reasonably necessary for this litigation – each of whom, by
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accepting receipt of such Protected Material, thereby agree to be bound by the
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parties’ Stipulation and this Order;
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(f)
during their depositions, witnesses in the action to whom disclosure
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is reasonably necessary – each of whom, by accepting receipt of such Protected
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Material, thereby agree to be bound by the parties’ Stipulation and this Order.
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Pages of transcribed deposition testimony or exhibits to depositions that reveal
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Protected Material must be separately bound by the court reporter and may not
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be disclosed to anyone except as permitted under the parties’ Stipulation and this
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Protective Order.
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(g)
the author or custodian of a document containing the information
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that constitutes Protected Material, or other person who otherwise possessed or
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knew the information.
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5.3.
Notice of Confidentiality. Prior to producing or disclosing Protected
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Material/Confidential Documents to persons to whom the parties’ Stipulation and this
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Order permits disclosure or production (see section 5.2, supra), a Receiving Party shall
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provide a copy of the parties’ Stipulation and Order to such persons so as to put such
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persons on notice as to the restrictions imposed upon them herein: except that, for court
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reporters, Professional Vendors, and for witnesses being provided with Protected
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Material during a deposition, it shall be sufficient notice for Counsel for the Receiving
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Party to give the witness a verbal admonition (on the record, for witnesses) regarding
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the provisions of the parties’ Stipulation and this Order and such provisions’
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applicability to specified Protected Material at issue.
5.4.
Reservation of Rights. Nothing in the parties’ Stipulation and this Order
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shall be construed so as to require any Producing Party to designate any records or
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materials as “CONFIDENTIAL.” Nothing in the parties’ Stipulation or this Order
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shall be construed so as to prevent the admission of Protected Material into evidence at
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the trial of this action, or in any appellate proceedings for this action, solely on the
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basis that such Disclosure or Discovery Material has been designated as Protected
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Material/Confidential Documents. Notwithstanding the foregoing, nothing in the
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parties’ Stipulation or this Order shall be construed as a waiver of any privileges or of
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any rights to object to the use or admission into evidence of any Protected Material in
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any proceeding; nor shall anything herein be construed as a concession that any
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privileges asserted or objections made are valid or applicable. Nothing in the parties’
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Stipulation or this Order shall be construed so as to prevent the Designating Party (or
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its Counsel or custodian of records) from having access to and using Protected Material
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designated by that Party in the manner in which such persons or entities would
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typically use such materials in the normal course of their duties or profession – except
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that the waiver of confidentiality provisions shall apply (see section 4.4(c), supra).
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5.5.
Requirement to File Confidential Documents Under Seal. Confidential
Documents may be submitted in all law and motion proceedings before the Court if
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done with an application to file under seal pursuant to Federal Rules of Civil Procedure
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5.2 and 26 and/or United States District Court, Central District of California Local
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Rules 79-5.1 and 79-5.2 (as applicable) and pursuant to the provisions of the parties’
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Stipulation and this Order. If any Receiving Party attaches any Confidential
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Documents to any pleading, motion, or other paper to be filed, lodged, or otherwise
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submitted to the Court, the Receiving Party shall apply to file or lodge such
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Confidential Document(s) under seal pursuant to Federal Rules of Civil Procedure 5.2
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and 26 and/or United States District Court, Central District of California Local Rules
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79-5.1 and 79-5.2 to the extent applicable.
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However, this paragraph (¶ 5.5) shall not be construed so as to prevent a
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Designating Party or counsel from submitting, filing, lodging, or publishing any
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document it has previously designated as a Confidential Document without compliance
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with this paragraph’s requirement to do so under seal (i.e., a producing-disclosing party
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or counsel may submit or publish its own Confidential Documents without being in
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violation of the terms of the parties’ Stipulation and this Protective Order).
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Furthermore, a Receiving Party shall be exempted from the requirements of this
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paragraph as to any specifically identified Confidential Document(s) where – prior to
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the submission or publication of the Confidential Document(s) at issue – the
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Designating Party of such specifically identified Confidential Document(s) has
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waived/withdrawn the protections of the parties’ Stipulation and this Order (pursuant
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to paragraph 4.4, supra).
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A Receiving Party shall also be exempt from the sealing requirements of this
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paragraph (¶ 5.5) where the Confidential Documents/Protected Material at issue is/are
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not documents, records, or information regarding:
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(1)
private, personal information contained in peace officer personnel files
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(such as social security numbers, driver’s license numbers or comparable personal
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government identification numbers, residential addresses, compensation or pension or
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personal property information, credit card numbers or credit information, dates of
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birth, tax records and information, information related to the identity of an officer’s
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family members or co-residents, and comparable personal information about the officer
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or his family);
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(2)
agency into alleged officer misconduct; and/or
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any internal affairs or comparable investigation by any law enforcement
(3)
the medical records or records of psychiatric or psychological treatment of
any peace officer or party to this action.
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Nothing in this paragraph shall be construed to bind the Court so as to limit or
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prevent the publication of any Confidential Documents to the jury or factfinder, at the
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time of trial of this matter, where the Court has deemed such Confidential Documents
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to be admissible into evidence.
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6.
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IN OTHER LITIGATION.
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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
If a Party is served with a subpoena or a court order issued in other litigation that
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compels disclosure of any information or items designated in this action as
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“CONFIDENTIAL,” that Party must:
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(a) promptly notify in writing the Designating Party, preferably (though not
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necessarily) by facsimile or electronic mail. Such notification shall include a copy of
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the subpoena or court order at issue;
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(b) promptly notify in writing the party who caused the subpoena or order to
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issue in the other litigation that some or all of the material covered by the subpoena or
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order is subject to the parties’ Stipulation and this Protective Order. Such notification
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shall include a copy of the parties’ Stipulation and this Protective Order; and
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(c) cooperate with respect to all reasonable procedures sought to be pursued by
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all sides in any such situation, while adhering to the terms of the parties’ Stipulation
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and this Order.
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If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order shall not produce any information designated in this action
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as “CONFIDENTIAL” before a determination by the court from which the subpoena
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or order issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that court
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of its confidential material – and nothing in these provisions should be construed as
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authorizing or encouraging a Receiving Party in this action to disobey a lawful
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directive from another court.
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The purpose of this section is to ensure that the affected Party has a meaningful
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opportunity to preserve its confidentiality interests in the court from which the
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subpoena or court order issued.
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7.
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PRODUCED IN THIS LITIGATION.
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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
(a)
The terms of the parties’ Stipulation and this Order are applicable to
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information produced by a Non-Party in this action and designated as
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“CONFIDENTIAL.” Such information produced by Non-Parties in connection with
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this litigation is protected by the remedies and relief provided by the parties’
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Stipulation and this Order. Nothing in these provisions should be construed as
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prohibiting a Non-Party from seeking additional protections.
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(b)
In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is
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subject to an agreement with the Non-Party not to produce the Non-Party’s
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confidential information, then the Party shall:
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(1)
promptly notify in writing the Requesting Party and the Non-Party
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that some or all of the information requested is subject to a confidentiality
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agreement with a Non-Party;
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(2)
promptly provide the Non-Party with a copy of the Stipulation and
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this Order in this litigation, the relevant discovery request(s), and a reasonably
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specific description of the information requested; and
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(3)
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Non-Party.
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(c)
make the information requested available for inspection by the
If the Non-Party fails to object or seek a protective order from this court
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within 14 days of receiving the notice and accompanying information, the Receiving
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Party may produce the Non-Party’s confidential information responsive to the
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discovery request. If the Non-Party timely seeks a protective order, the Receiving Party
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shall not produce any information in its possession or control that is subject to the
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confidentiality agreement with the Non-Party before a determination by the court.
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Absent a court order to the contrary, the Non-Party shall bear the burden and expense
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of seeking protection in this court of its Protected Material.
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8.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
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8.1.
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Unauthorized Disclosure of Protected Material.
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Protected Material to any person or in any circumstance not authorized under the
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parties’ Stipulation and this Order, the Receiving Party must immediately:
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(a) notify in writing the Designating Party of the unauthorized disclosures;
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(b) use its best efforts to retrieve all copies of the Protected Material;
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(c) inform the person or persons to whom unauthorized disclosures were made
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of all the terms of this Order; and
(d) request such person or persons consent to be bound by the Stipulation and
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this Order.
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8.2.
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When a Producing Party gives notice to Receiving Parties that certain
Inadvertent Production of Privileged or Otherwise Protected Material.
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inadvertently produced material is subject to a claim of privilege or other protection,
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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
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may be established in an e-discovery order that provides for production without prior
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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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parties reach an agreement on the effect of disclosure of a communication or
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information covered by the attorney-client privilege or work product protection, the
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parties may incorporate their agreement in the stipulated protective order submitted to
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the court.
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9.
PUBLICATION OF PROTECTED MATERIAL PROHIBITED.
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9.1.
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Without advance written permission from the Designating Party, or a court order
Filing of Protected Material.
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secured after appropriate notice to all interested persons, a Receiving Party may not
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file in the public record in this action any Protected Material. A Party that seeks to file
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under seal any Protected Material must comply with the applicable Federal and Local
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Rules.
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9.2.
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A Receiving Party shall not publish, release, post, or disseminate Protected
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Material to any persons except those specifically delineated and authorized by the
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parties’ Stipulation and this Order (see section 5, supra); nor shall a Receiving Party
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publish, release, leak, post, or disseminate Protected Material/Confidential Documents
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to any news media, member of the press, website, or public forum (except as permitted
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under section12.1 regarding filings with the court in this action and under seal).
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10.
Public Dissemination of Protected Material.
FINAL DISPOSITION.
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Unless otherwise ordered or agreed in writing by the Producing Party, within
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thirty (30) days after the final termination of this action (defined as the dismissal or
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entry of judgment by the above named court, or if an appeal is filed, the disposition of
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the appeal), upon written request by the Producing Party, each Receiving Party must
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return all Protected Material to the Producing Party – whether retained by the
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Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non-
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party to whom the Receiving Party produced or shared such records or information.
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As used in this subdivision, “all Protected Material” includes all copies, abstracts,
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compilations, summaries or any other form of reproducing or capturing any of the
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1
Protected Material, regardless of the medium (hardcopy, electronic, or otherwise) in
2
which such Protected Material is stored or retained.
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In the alternative, at the discretion of the Receiving Party, the Receiving Party
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may destroy some or all of the Protected Material instead of returning it – unless such
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Protected Material is an original, in which case, the Receiving Party must obtain the
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Producing Party’s written consent before destroying such original Protected Material.
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Whether the Protected Material is returned or destroyed, the Receiving Party
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must submit a written certification to the Producing Party (and, if not the same person
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or entity, to the Designating Party) within thirty (30) days of the aforementioned
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written request by the Designating Party that specifically identifies (by category, where
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appropriate) all the Protected Material that was returned or destroyed and that affirms
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that the Receiving Party has not retained any copies, abstracts, compilations,
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summaries or other forms of reproducing or capturing any of the Protected material (in
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any medium, including but not limited to any hardcopy, electronic or digital copy, or
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otherwise).
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Notwithstanding this provision, Counsel are entitled to retain an archival copy of
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all pleadings, motion papers, transcripts, legal memoranda filed with the court in this
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action, as well as any correspondence or attorney work product prepared by Counsel
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for the Receiving Party, even if such materials contain Protected Material; however,
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any such archival copies that contain or constitute Protected Material remain subject to
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this Protective Order as set forth in Section 2, above. This court shall retain
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jurisdiction in the event that a Designating Party elects to seek court sanctions for
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violation of the parties’ Stipulation and this Order.
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11.
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MISCELLANEOUS.
11.1. Right to Further Relief. Nothing in the parties’ Stipulation or this Order
abridges the right of any person to seek its modification by the Court in the future.
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11.2. Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order pursuant to the parties’ Stipulation, no Party waives any right it
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1
otherwise would have to object to disclosing or producing any information or item on
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any ground not addressed in the parties’ Stipulation or this Order. Similarly, no Party
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waives any right to object on any ground to use in evidence any of the material covered
4
by the parties’ Stipulation and this Protective Order.
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The provisions of the parties’ Stipulation and this Protective Order shall be in
effect until further Order of the Court.
IT IS SO ORDERED.
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Dated: August 12, 2013
/s/ Sheri Pym
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UNITED STATES MAGISTRATE JUDGE
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SHERI PYM
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PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS
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Respectfully Submitted By:
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Mildred K. O’Linn, Esq. (State Bar No. 159055)
Tony M. Sain, Esq. (State Bar No. 251626)
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
15th Floor at 801 Tower
801 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 624-6900
Facsimile: (213) 624-6999
epr@manningllp.com and tms@manningllp.com
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Attorneys for Defendants,
CITY OF COLTON, et al.
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