Stribling v. Brown et al

Northern District of California, cand-4:2015-cv-03337

STIPULATED PROTECTIVE ORDER. Signed by Judge Yvonne Gonzalez Rogers on 8/7/17.

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6 1 DAVID B. NEWDORF (SBN 172960) RYE P. MURPHY (SBN 289427) 2 TAEVA C. SHEFLER (SBN 291637) NEWDORF LEGAL 3 630 Thomas L. Berkley Way, Suite 103 Oakland, CA 94612 4 Telephone: (415) 651-4450 Fax: (866) 954-8448 5 E-mail: david@newdorf.com rye@newdorf.com 6 tshefler@phillipsandcohen.com Attorneys for Plaintiff 7 Aaron Lamont Stribling 8 XAVIER BECERRA 9 Attorney General of California MARISA Y. KIRSCHENBAUER 10 Supervising Deputy Attorney General ALLISON M. LOW 11 Deputy Attorney General State Bar No. 273202 12 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 13 Telephone: (415) 703-5820 Fax: (415) 703-5843 14 E-mail: Allison.Low@doj.ca.gov Attorneys for Defendants 15 Aragon, Franco, Picazo, Poodry, Valles 16 17 IN THE UNITED STATES DISTRICT COURT 18 FOR THE NORTHERN DISTRICT OF CALIFORNIA 19 OAKLAND DIVISION 20 21 AARON LAMONT STRIBLING, 4:15-cv-03337 YGR 22 Plaintiff, [PROPOSED] STIPULATED 23 PROTECTIVE ORDER v. 24 Judge: The Honorable Yvonne Gonzalez Rogers 25 BROWN, et al., Trial Date: Not yet set Action Filed: July 20, 2015 26 Defendants. 27 28 1 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action is likely to involve production of 3 confidential or private information for which special protection from public disclosure and from 4 use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6 Order. The parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery and that the protection it affords from public disclosure and 8 use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 11 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file material 13 under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c). 20 2.3 "CONFIDENTIAL – ATTORNEYS' EYES ONLY" Information or Items: 21 information (regardless of how it is generated, stored, or maintained) or tangible things that a 22 Party has designated in good faith to be confidential and for attorneys' eyes only. The criteria for 23 such designation shall be whether the Party has a good-faith belief that the information is entitled 24 to protection from disclosure to non-attorneys, because such information threatens the safety of 25 individuals or inmates, or threatens the safety and security of a prison. "Attorneys" shall be 26 limited to the counsel of record in this case, their support staff, and Expert(s). 27 2.4 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 28 as their support staff). 2 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 2.5 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as "CONFIDENTIAL" or 3 "CONFIDENTIAL – ATTORNEYS' EYES ONLY." 4 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium 5 or manner in which it is generated, stored, or maintained (including, among other things, 6 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 7 responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 9 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 10 consultant in this action. 11 2.8 House Counsel: attorneys who are employees of a party to this action. House 12 Counsel does not include Outside Counsel of Record or any other outside counsel. 13 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 14 entity not named as a Party to this action. 15 2.10 Outside Counsel of Record: attorneys who are not employees of a Party to this action 16 but are retained to represent or advise a Party to this action and have appeared in this action on 17 behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party. 18 2.11 Party: any party to this action, including all of its officers, directors, employees, 19 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 21 Material in this action. 22 2.13 Professional Vendors: persons or entities that provide litigation support services 23 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 24 organizing, storing, or retrieving data in any form or medium) and their employees and 25 subcontractors. 26 27 28 3 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 2 "CONFIDENTIAL" or "CONFIDENTIAL – ATTORNEYS' EYES ONLY." 3 /// 4 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 5 Producing Party. 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only Protected Material 8 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 9 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 10 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 11 However, the protections conferred by this Stipulation and Order do not cover the following 12 information: (a) any information that is in the public domain at the time of disclosure to a 13 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 14 a result of publication not involving a violation of this Order, including becoming part of the 15 public record through trial or otherwise; and (b) any information known to the Receiving Party 16 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 17 obtained the information lawfully and under no obligation of confidentiality to the Designating 18 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations imposed by this 21 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 22 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 23 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 24 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 25 including the time limits for filing any motions or applications for extension of time pursuant to 26 applicable law. 27 5. DESIGNATING PROTECTED MATERIAL 28 4 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 2 Non-Party that designates information or items for protection under this Order must take care to 3 limit any such designation to specific material that qualifies under the appropriate standards. The 4 Designating Party must designate for protection only those parts of material, documents, items, or 5 oral or written communications that qualify – so that other portions of the material, documents, 6 items, or communications for which protection is not warranted are not swept unjustifiably within 7 the ambit of this Order. 8 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 9 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 10 encumber or retard the case development process or to impose unnecessary expenses and burdens 11 on other parties) expose the Designating Party to sanctions. 12 If it comes to a Designating Party's attention that information or items that it designated for 13 protection do not qualify for protection, that Designating Party must promptly notify all other 14 Parties that it is withdrawing the mistaken designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 16 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 17 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 18 designated before the material is disclosed or produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic documents, but 21 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 22 Party affix the legend "CONFIDENTIAL" or "CONFIDENTIAL – ATTORNEYS' EYES 23 ONLY" to each page that contains protected material. If only a portion or portions of the material 24 on a page qualifies for protection, the Producing Party also must clearly identify the protected 25 portion(s) (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents or materials available for inspection 27 need not designate them for protection until after the inspecting Party has indicated which 28 5 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 material it would like copied and produced. During the inspection and before the designation, all 2 of the material made available for inspection shall be deemed "CONFIDENTIAL." After the 3 inspecting Party has identified the documents it wants copied and produced, the Producing Party 4 must determine which documents, or portions thereof, qualify for protection under this Order. 5 Then, before producing the specified documents, the Producing Party must affix the 6 "CONFIDENTIAL" or "CONFIDENTIAL – ATTORNEYS' EYES ONLY" legend to each page 7 that contains Protected Material. If only a portion or portions of the material on a page qualifies 8 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 9 making appropriate markings in the margins). 10 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 11 Designating Party identify on the record, before the close of the deposition, hearing, or other 12 proceeding, all protected testimony. 13 (c) for information produced in some form other than documentary and for any other 14 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 15 or containers in which the information or item is stored the legend "CONFIDENTIAL" or 16 "CONFIDENTIAL – ATTORNEYS' EYES ONLY." If only a portion or portions of the 17 information or item warrant protection, the Producing Party, to the extent practicable, shall 18 identify the protected portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 20 designate qualified information or items does not, standing alone, waive the Designating Party's 21 right to secure protection under this Order for such material. Upon timely correction of a 22 designation, the Receiving Party must make reasonable efforts to assure that the material is 23 treated in accordance with the provisions of this Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 26 confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 27 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 28 6 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 2 challenge a confidentiality designation by electing not to mount a challenge promptly after the 3 original designation is disclosed. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 5 by providing written notice of each designation it is challenging and describing the basis for each 6 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 7 recite that the challenge to confidentiality is being made in accordance with this specific 8 paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good 9 faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of 10 communication are not sufficient) within 14 days of the date of service of notice. In conferring, 11 the Challenging Party must explain the basis for its belief that the confidentiality designation was 12 not proper and must give the Designating Party an opportunity to review the designated material, 13 to reconsider the circumstances, and, if no change in designation is offered, to explain the basis 14 for the chosen designation. A Challenging Party may proceed to the next stage of the challenge 15 process only if it has engaged in this meet and confer process first or establishes that the 16 Designating Party is unwilling to participate in the meet and confer process in a timely manner. 17 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 18 intervention, the parties shall follow the Court's Standing Order in Civil Cases regarding 19 Discovery and Discovery Motions. The parties may file a joint letter brief regarding retaining 20 confidentiality within 21 days of the initial notice of challenge or within 14 days of the parties 21 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. 22 Failure by a Designating Party to file such discovery dispute letter within the applicable 21 or 14 23 day period (set forth above) with the Court shall automatically waive the confidentiality 24 designation for each challenged designation. If, after submitting a joint letter brief, the Court 25 allows that a motion may be filed, any such motion must be accompanied by a competent 26 declaration affirming that the movant has complied with the meet and confer requirements 27 imposed in the preceding paragraph. The Court, in its discretion, may elect to transfer the discovery matter to a Magistrate Judge. 28 7 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 In addition, the parties may file a joint letter brief regarding a challenge to a 2 confidentiality designation at any time if there is good cause for doing so, including a challenge to 3 the designation of a deposition transcript or any portions thereof. If, after submitting a joint letter 4 brief, the Court allows that a motion may be filed, any motion brought pursuant to this provision 5 must be accompanied by a competent declaration affirming that the movant has complied with the 6 meet and confer requirements imposed by the preceding paragraph. The Court, in its discretion, 7 may elect to refer the discovery matter to a Magistrate Judge. 8 The burden of persuasion in any such challenge proceeding shall be on the Designating 9 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 10 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 11 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 12 file a letter brief to retain confidentiality as described above, all parties shall continue to afford 13 the material in question the level of protection to which it is entitled under the Producing Party's 14 designation until the court rules on the challenge./ / / 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 17 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 18 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 19 the categories of persons and under the conditions described in this Order. When the litigation has 20 been terminated, a Receiving Party must comply with the provisions of Section 13 below (FINAL 21 DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a location and in 23 a secure manner that ensures that access is limited to the persons authorized under this Order. 24 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered by 25 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 26 information or item designated "CONFIDENTIAL" only to: 27 28 8 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 (a) the Receiving Party's Outside Counsel of Record in this action, as well as employees of 2 said Outside Counsel of Record and Experts to whom it is reasonably necessary to disclose the 3 information for this litigation and who have signed the "Acknowledgment and Agreement to Be 4 Bound" that is attached hereto as Exhibit A; 5 (b) the officers, directors, and employees (including House Counsel) of the Receiving 6 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 7 "Acknowledgment and Agreement to Be Bound" (Exhibit A); 8 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 9 reasonably necessary for this litigation and who have signed the "Acknowledgment and 10 Agreement to Be Bound" (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 13 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 14 signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 15 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 16 necessary and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), 17 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 19 bound by the court reporter and may not be disclosed to anyone except as permitted under this 20 Stipulated Protective Order. 21 (g) the author or recipient of a document containing the information or a custodian or other 22 person who otherwise possessed or knew the information. 23 In disclosing information or items designated "CONFIDENTIAL" in the manner set forth 24 above, the Receiving Party must ensure that the Protected Material is not retained or available for 25 retention by Plaintiff Aaron Lamont Stribling, members of Plaintiff's family, friends or associates 26 of Plaintiff, or to any other inmate, parolee, or person previously in the custody of CDCR or any 27 of their relatives, friends, associates, or the public. 28 9 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 7.3 Disclosure of "CONFIDENTIAL – ATTORNEYS' EYES ONLY" Information or 2 items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, 3 Counsel for the Receiving Party may not disclose any information or item designated 4 "CONFIDENTIAL – ATTORNEYS' EYES ONLY" to Plaintiff Aaron Lamont Stribling, 5 members of Plaintiff's family, friends or associates of Plaintiff, or to any other inmate, parolee, or 6 person previously in the custody of CDCR or any of their relatives, friends, associates, or the 7 public. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, 8 only Counsel and Expert(s) for the Receiving Party may have access to and review any 9 information or item designated "CONFIDENTIAL – ATTORNEYS' EYES ONLY." Staff 10 employed by Counsel and Expert(s) retained by the Receiving Party will not disclose any item or 11 information designated "CONFIDENTIAL – ATTORNEYS' EYES ONLY," or make copies of 12 any item or information so designated, except as necessary for this litigation. Counsel is 13 responsible for ensuring that their staff and Expert(s) comply with this Order. 14 /// 15 /// 16 /// 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 18 OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation that compels 20 disclosure of any information or items designated in this action as "CONFIDENTIAL" or 21 "CONFIDENTIAL – ATTORNEYS' EYES ONLY," that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 23 of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 25 other litigation that some or all of the material covered by the subpoena or order is subject to this 26 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 27 28 10 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 2 Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with the subpoena 4 or court order shall not produce any information designated in this action as "CONFIDENTIAL" 5 or "CONFIDENTIAL – ATTORNEYS' EYES ONLY" before a determination by the court from 6 which the subpoena or order issued, unless the Party has obtained the Designating Party's 7 permission. The Designating Party shall bear the burden and expense of seeking protection in that 8 court of its confidential material – and nothing in these provisions should be construed as 9 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 10 another court. 11 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 12 THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a Non-Party in this 14 action and designated as "CONFIDENTIAL" or "CONFIDENTIAL – ATTORNEYS' EYES 15 ONLY." Such information produced by Non-Parties in connection with this litigation is protected 16 by the remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 /// 19 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 20 Party's confidential information in its possession, and the Party is subject to an agreement with 21 the Non-Party not to produce the Non-Party's confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of 23 the information requested is subject to a confidentiality agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this 25 litigation, the relevant discovery request(s), and a reasonably specific description of the 26 information requested; and 27 (3) make the information requested available for inspection by the Non-Party. 28 11 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 2 of receiving the notice and accompanying information, the Receiving Party may produce the 3 Non-Party's confidential information responsive to the discovery request. If the Non-Party timely 4 seeks a protective order, the Receiving Party shall not produce any information in its possession 5 or control that is subject to the confidentiality agreement with the Non-Party before a 6 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 7 burden and expense of seeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 10 Material to any person or in any circumstance not authorized under this Stipulated Protective 11 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 12 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 13 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 14 made of all the terms of this Order, and (d) request such person or persons to execute the 15 "Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit A. 16 In the event that the Receiving Party believes that documents labeled "CONFIDENTIAL – 17 ATTORNEYS' EYES ONLY" have been viewed or obtained by persons other than Counsel of 18 Record and their support staff, the Receiving Party must immediately (a) notify in writing the 19 Designating Party of the unauthorized disclosures, (b) identify the person or persons to whom 20 unauthorized disclosures were made, (c) inform the person or persons to whom unauthorized 21 disclosures were made of all the terms of this Order, and (d) use its best efforts to retrieve all 22 unauthorized copies of the Protected Material. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain inadvertently 26 produced material is subject to a claim of privilege or other protection, the obligations of the 27 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 28 12 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 provision is not intended to modify whatever procedure may be established in an e-discovery 2 order that provides for production without prior privilege review. Pursuant to Federal Rule of 3 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 4 communication or information covered by the attorney-client privilege or work product 5 protection, the parties may incorporate their agreement in the stipulated protective order 6 submitted to the court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 9 its modification by the court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 11 no Party waives any right it otherwise would have to object to disclosing or producing any 12 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 13 Party waives any right to object on any ground to use in evidence of any of the material covered 14 by this Protective Order. 15 12.3 Filing Protected Material. Without written permission from the Designating Party or a 16 court order secured after appropriate notice to all interested persons, a Party may not file in the 17 public record in this action any Protected Material. A Party that seeks to file under seal any 18 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 19 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 20 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 21 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 22 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 23 Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the 24 Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) 25 unless otherwise instructed by the court. 26 13. FINAL DISPOSITION 27 28 13 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 2 Receiving Party must return all Protected Material to the Producing Party or destroy such 3 material. As used in this subdivision, "all Protected Material" includes all copies, abstracts, 4 compilations, summaries, and any other format reproducing or capturing any of the Protected 5 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 6 submit a written certification to the Producing Party (and, if not the same person or entity, to the 7 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 8 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 9 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 10 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 11 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 12 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 13 product, and consultant and expert work product, even if such materials contain Protected 14 Material. Any such archival copies that contain or constitute Protected Material remain subject to 15 this Protective Order as set forth in Section 4 (DURATION). 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 Dated: August 3, 2017 NEWDORF LEGAL 18 /s/ Rye P. Murphy 19 /s/ Taeva C. Shefler 20 DAVID B. NEWDORF 21 RYE P. MURPHY TAEVA C. SHEFLER 22 Attorneys for Plaintiff 23 24 25 26 27 28 14 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 Dated: August 3, 2017 XAVIER BECERRA Attorney General of California 2 MARISA Y. KIRSCHENBAUER Supervising Deputy Attorney General 3 4 /s/ Allison M. Low 5 ALLISON M. LOW Deputy Attorney General 6 Attorneys for Defendants 7 8 As required under Northern District Local Rule 5-1(i)(3), I attest under penalty of perjury 9 that concurrence in the filing of this document has been obtained by all signatories. 10 11 Dated: August 3, 2017 /s/ Allison M. Low Allison M. Low, Deputy Attorney General 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 15 Dated: August 7, 2017 16 HON. YVONNE GONZALEZ ROGERS 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 15 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR)) 6 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Northern District of California on ________________[date] in the case of Stribling v. Brown, 7 et al., Case No. 4:15-cv-03337-YGR. I agree to comply with and to be bound by all the terms of 8 this Stipulated Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will 10 not disclose in any manner any information or item that is subject to this Stipulated Protective 11 Order to any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 14 Order, even if such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone 17 number] as my California agent for service of process in connection with this action or any 18 proceedings related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 SF2016200077 27 21007392.doc 28 16 [Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))