Estate of Michael Lee v. CDCR

Opinion

1 XAVIER BECERRA, State Bar No. 118517 Dan Stormer, Esq. [S.B. #101967] Attorney General of California Brian Olney, Esq. [SB # 298089] 2 JOSEPH R. WHEELER, State Bar No. 216721 David Washington, Esq. [SB #305996] Supervising Deputy Attorney General HADSELL STORMER RENICK & DAI 3 JAIME M. GANSON, State Bar No. 230206 LLP Deputy Attorney General 128 N. Fair Oaks Avenue 4 MARTHA EHLENBACH, State Bar No. 291582 Pasadena, California 91103 Deputy Attorney General Telephone: (626) 585-9600 5 1300 I Street, Suite 125 Facsimile: (626) 577-7079 P.O. Box 944255 Emails: dstormer@hadsellstormer.com 6 Sacramento, CA 94244-2550 bolney@hadsellstormer.com Telephone: (916) 210-7314 dwashington@hadsellstormer.com 7 Fax: (916) 324-5205 Attorneys for Plaintiffs E-mail: Martha.Ehlenbach@doj.ca.gov 8 Attorneys for Defendants CDCR, Allison, Anderson, Austin, Diaz, Edmonds, Flynn, 9 Freiha, Gipson, Gutierrez, Harrison, Kernan, O. BRANDT CAUDILL, Esq. Kraschel, Lozano, McGee, Mims, Newton, (SBN 88071) 10 Nocerino, Page-Pressley, Ramachandran, JOAN E. TRIMBLE, Esq. (SBN 205038) Sheffield, Surprise, Tebrock, Toche, and ANTHONY V. MARTINEZ, Esq. 11 Walker (SBN 286477) CALLAHAN, THOMPSON, SHERMAN 12 SCOTT W. FOLEY & CAUDILL, LLP State Bar No. 278357 2601 Main Street, Suite 800 13 SFoley@ljdfa.com Irvine, California 92614 LA FOLLETTE, JOHNSON, Tel: (949) 261-2872 14 DeHAAS, FESLER & AMES Fax: (949) 261-6060 655 University Avenue, Suite 119 Email: bcaudill@ctsclaw.com 15 Sacramento, California 95825-6746 Email: jtrimble@ctsclaw.com Telephone: (916) 563-3100 Email: amartinez@ctsclaw.com 16 Fax: (916) 565-3704 Attorneys for Defendant, Attorneys for Defendant Harrison Janet F. Gorewitz, Ph.D. 17 IN THE UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA 19 SACRAMENTO DIVISION 20 21 ESTATE OF MICHAEL LEE, et al., Case No. 2:20-cv-01161-JAM-CKD 22 Plaintiffs, [PROPOSED] STIPULATED PROTECTIVE ORDER 23 v. Judge: The Hon. Carolyn K. Delaney 24 Trial Date: Not Set CALIFORNIA DEPARTMENT OF Action Filed: June 9, 2020 25 CORRECTIONS AND REHABILITATION, et al., 26 Defendants. 27

28 1 1. PURPOSES AND LIMITATIONS 2 This action is likely to involve the disclosure of confidential materials that implicate the 3 privacy rights of third parties, material that may negatively impact the institutional security of the 4 California Department of Corrections and Rehabilitation (CDCR), and material that is otherwise 5 protected from disclosure under state or federal statutes, court rules, case decisions or common 6 law. The Court recognizes that at least some of the documents and information (materials) being 7 sought through discovery in the above-captioned action are normally kept confidential by the 8 parties. 9 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 10 disputes over confidentiality of discovery materials, to adequately protect information the parties 11 are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses 12 of such material in preparation for and in the conduct of trial, to address their handling at the end 13 of the litigation, and serve the ends of justice, a protective order for such information is justified 14 in this matter. It is the intent of the parties that information will not be designated as confidential 15 for tactical reasons and that nothing be so designated without a good faith belief that it has been 16 maintained in a confidential, non-public manner, and there is good cause why it should not be 17 part of the public record of this case. 18 Accordingly, the Parties stipulate to and petition the Court to enter the following Stipulated 19 Protective Order (“Order”). The parties acknowledge that this Order does not confer blanket 20 protections on all disclosures or responses to discovery, and that the protection it affords from 21 public disclosure and use extends only to the limited information or items that are entitled to 22 confidential treatment under the applicable legal principles. The Parties further acknowledge, as 23 set forth in Section 12.3 below, that this Order does not entitle them to file confidential 24 information under seal; General Local Rule 141 sets forth the procedures that must be followed 25 and the standards that will be applied when a Party seeks permission from the Court to file 26 material under seal. The parties have agreed to be bound by the terms of this Order in this action. 27 / / / 28 / / / 1 2. DEFINITIONS 2 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 3 information or items under this Order. 4 2.2 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 5 information (regardless of how it is generated, stored or maintained) or tangible things that 6 qualify for protection and includes confidential information that has not been made immediately 7 available to the general public by the plaintiffs, CDCR, or their agents, and constitutes or 8 discloses information which threatens safety or security of a prison or individual. “Attorneys” 9 shall be limited to the counsel of record in this case and their support staff. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 11 generated, stored or maintained) or tangible things that qualify for protection as confidential as 12 stated in Section 2.2, but that may be disclosed to the parties in this action. 13 2.3 Designating Party: a Party or Non-Party that designates information or items that 14 it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 15 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 16 2.4 Disclosure or Discovery Material: all items or information, regardless of the 17 medium or manner in which it is generated, stored, or maintained (including, among other things, 18 testimony, transcripts, and tangible things), that are produced, made available for inspection, or 19 generated in disclosures or responses to discovery in this matter. 20 2.5 Expert: a person with specialized knowledge or experience in a matter pertinent to 21 the litigation who has been or may be retained by a Party or its counsel to serve as an expert 22 witness or as a consultant in this action, or who may testify as a non-retained expert. 23 2.6 Non-Party: any natural person, partnership, corporation, association, or other legal 24 entity not named as a Party to this action. 25 2.7 Counsel of Record: attorneys who are retained to represent or advise a party to 26 this action and have appeared in this action on behalf of that party or are affiliated with a law firm 27 which has appeared on behalf of that party, as well as their support staff. No inmate, former 28 inmate, or relative of a Party shall qualify as support staff in this case. 1 2.8 Party: any party to this action, including all of its officers, directors, employees, 2 consultants, retained experts, and Counsel of Record (and their support staffs). 3 2.9 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 4 Material in this action. 5 2.10 Professional Vendors: persons or entities that provide litigation support services 6 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 7 organizing, storing, or retrieving data in any form or medium) and their employees and 8 subcontractors. Professional Vendors who visit any prison, must comply with the institution’s 9 rules and entry procedures, as well as any applicable portions of the Department Operations 10 Manual and the California Code of Regulations. 11 2.11 Protected Material: any Disclosure or Discovery Material that is designated as 12 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 13 2.12 Receiving Party: a Party that receives Disclosure or Discovery Material from a 14 Producing Party. 15 3. SCOPE 16 The protections conferred by this Order cover not only Protected Material (as defined 17 above), but also: (1) any information copied or extracted from Protected Material; (2) all copies, 18 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, 19 or presentations by Parties or their Counsel that reveal Protected Material. This order does not 20 govern any use of Protected Material at trial. 21 4. DURATION 22 Even after final disposition of this litigation, the confidentiality obligations imposed by 23 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 24 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 25 claims and defenses in this action, with or without prejudice; and (2) final judgment after the 26 completion and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, 27 including the time limits for filing any motions or applications for extension of time under 28 applicable law. 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 3 or Non-Party that designates information or items for protection under this Order must take care 4 to limit any such designation to specific material that qualifies under the appropriate standards. 5 The Designating Party must designate for protection only those parts of material, documents, 6 items, or oral or written communications that qualify – so that other portions of the material, 7 documents, items, or communications for which protection is not warranted are not swept 8 unjustifiably within the ambit of this Order. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 10 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 11 unnecessarily encumber or retard the case development process or to impose unnecessary 12 expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a 13 Designating Party’s attention that information or items that it designated for protection do not 14 qualify for protection, the Designating Party must promptly notify all other Parties that it is 15 withdrawing the mistaken designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order, 17 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 18 protection under this Order must be clearly so designated before the material is disclosed or 19 produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, but 22 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 23 Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY” to each page that contains protected material provided that such marking does not 25 obscure the content of any record. If only a portion or portions of the material on a page qualifies 26 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 27 making appropriate markings in the margins). 28 1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 2 Designating Party identify the specific portions of the testimony as to which protection is sought 3 within 14 days of a hearing where no court reporter was present, or, in the case of a proceeding 4 where a court reporter is present, within 14 days of receipt of the transcript. Only those portions 5 of the testimony that are appropriately designated for protection within the 14 days shall be 6 covered by the provisions of this Stipulated Protective Order. 7 (c) for information produced in some form other than documentary and for any other 8 tangible items, that the Producing Party affix in a prominent place on the exterior of the item, 9 container, or containers in which the information or item is stored the legend “CONFIDENTIAL” 10 or CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 11 information or item warrant protection, the Producing Party, to the extent practicable, shall 12 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 13 5.3 Inadvertent Failures to Designate. An inadvertent failure to designate qualified 14 information or items does not, standing alone, waive the Designating Party’s right to secure 15 protection under this Order for such material, and the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this Order. 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 19 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 20 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 21 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 22 challenge a confidentiality designation by electing not to mount a challenge promptly after the 23 original designation is disclosed. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 25 process by providing written notice to the Designating Party of each designation it is challenging 26 and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has 27 been made, the written notice must recite that the challenge to confidentiality is being made in 28 accordance with this specific paragraph of the Order. The parties shall attempt to resolve each 1 challenge in good faith and must begin the process by conferring within 7 days of the date of 2 service of notice unless the Parties agree to confer on a later date. In conferring, the Challenging 3 Party must explain the basis for its belief that the confidentiality designation was not proper and 4 must give the Designating Party an opportunity to review the designated material, to reconsider 5 the circumstances, and, if no change in designation is offered, to explain the basis for the chosen 6 designation. A Challenging Party may proceed to the next stage of the challenge process only if 7 it has engaged in this meet-and-confer process first or establishes that the Designating Party is 8 unwilling to participate in the meet-and-confer process in a timely manner. 9 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 10 intervention, the Challenging Party may file and serve a motion challenging the designation under 11 Civil Local Rule 251, within 21 days of the initial notice of challenge or within 14 days of the 12 parties agreeing that the meet-and-confer process will not resolve their dispute, whichever is later. 13 Upon such motion, the Designating Party may present the material to the Court for an in camera 14 review to determine whether and to what extent such information must be disclosed. The 15 Challenging Party may also challenge the designation through the Court’s informal process for 16 resolving discovery disputes, to the extent that it is available and the other parties are willing, and 17 provided that a hearing through the informal process is set within the same time prescribed above 18 for filing and serving a motion challenging the designation under Local Rule 251. 19 6.4 The burden of persuasion in any challenge made pursuant to ¶¶ 6.1-6.3 shall be on 20 the Designating Party. 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 23 or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 24 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 25 to the categories of persons and under the conditions described in this Order. When the litigation 26 has been terminated, a Receiving Party must comply with the provisions of section 13 below 27 (FINAL DISPOSITION). 28 1 Protected Material must be stored and maintained by a Receiving Party at a location and 2 in a secure manner that ensures that access is limited to the persons authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 4 items. Counsel for the Receiving Party may not disclose any information or item designated 5 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to Plaintiffs, members of Plaintiffs’ family, 6 known friends or associates of Plaintiffs, any inmate or parolee, or the public. Unless otherwise 7 ordered by the Court or permitted in writing by the Designating Party, information or items 8 designated “CONFIDENTIAL – ATTORNEY’S EYES ONLY” may only be disclosed to: 9 (a) Any Party’s Counsel in this action, as well as employees of the Party’s Counsel to 10 whom it is reasonably necessary to disclose the information for this litigation and the Party’s 11 insurer. Staff employed by Counsel will not disclose any item or information designated 12 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or make copies of any item or information 13 so designated, except as necessary for this litigation. Counsel is responsible for ensuring that 14 their staff complies with this Order; 15 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 16 reasonably necessary for this litigation; 17 (c) the Court and its personnel; 18 (d) court reporters and their staff, professional jury or trial consultants, and 19 Professional Vendors to whom disclosure is reasonably necessary for this litigation; 20 (e) during their depositions, non-inmate or non-parolee witnesses in the action to 21 whom disclosure is reasonably necessary, unless otherwise agreed by the Designating Party or 22 ordered by the Court, and provided that the witness does not leave any deposition with copies of 23 any Protected Material. Pages of transcribed deposition testimony or exhibits to depositions that 24 reveal Protected Material must be separately bound by the court reporter and may not be 25 disclosed to anyone except as permitted under this Order; 26 (f) the author or recipient of the document in question or a custodian or other person 27 who otherwise possessed or knew the information contained in it; and 28 1 (g) mediators, settlement officers, and their supporting personnel, mutually agreed 2 on by the Parties engaged in settlement discussions. 3 7.3 Disclosure of “CONFIDENTIAL” Information or items. Unless otherwise ordered 4 by the Court or permitted in writing by the Designating Party, information or items designated 5 “CONFIDENTIAL” may only be disclosed to: 6 (a) any Party’s Counsel in this action, as well as employees of the Receiving Party’s 7 Counsel to whom it is reasonably necessary to disclose the information for this litigation and the 8 Party’s insurer. Staff employed by Counsel will not disclose any item or information designated 9 “CONFIDENTIAL” or make copies of any item or information so designated, except as 10 necessary for this litigation. Counsel is responsible for ensuring that their staff complies with this 11 Order; 12 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 13 reasonably necessary for this litigation; 14 (c) the Court and its personnel; 15 (d) court reporters and their staff, professional jury or trial consultants, and 16 Professional Vendors to whom disclosure is reasonably necessary for this litigation; 17 (e) during their depositions, witnesses in the action to whom disclosure is reasonably 18 necessary, unless otherwise agreed by the Designating Party or ordered by the Court, and 19 provided that the witness does not leave any deposition with copies of any Protected Material. 20 Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material 21 must be separately bound by the court reporter and may not be disclosed to anyone except as 22 permitted under this Order; 23 (f) the author or recipient of the document in question or a custodian or other person 24 who otherwise possessed or knew the information contained in it; 25 (g) mediators, settlement officers, and their supporting personnel, mutually agreed on 26 by the Parties engaged in settlement discussions; and 27 (h) the Parties in this action. 28 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 8.1 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this action as “CONFIDENTIAL” 5 or CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall include 7 a copy of the subpoena or court order; 8 (b) promptly notify in writing the Party who caused the subpoena or order to issue in 9 the other litigation that some or all of the material covered by the subpoena or order is subject to 10 this Order. Such notification shall include a copy of Order; and 11 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 12 Designating Party whose Protected Material may be affected. 13 8.2 If the Designating Party timely seeks a protective order, the Party served with the 14 subpoena or court order shall not produce any information designated in this action as 15 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a 16 determination by the court from which the subpoena or order issued, unless the Party has obtained 17 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 18 seeking protection in that court of its confidential material – and nothing in these provisions 19 should be construed as authorizing or encouraging a Receiving Party in this action to disobey a 20 lawful directive from another court. 21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 22 THIS LITIGATION 23 (a) The terms of this Order are applicable to information produced by a Non-Party in 24 this action and designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 25 ONLY.” Such information produced by Non-Parties in connection with this litigation is 26 protected by the remedies and relief provided by this Order. Nothing in these provisions should 27 be construed as prohibiting a Non-Party from seeking additional protections. Any party may 28 1 mark documents produced by any other party or non-party as “CONFIDENTIAL” or 2 “CONFIDENTIAL-ATTORNEY’S EYES ONLY,” to the extent consistent with section 5.1. 3 (b) In the event that a Party is required, by a valid discovery request, to produce a 4 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 5 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party that 7 some or all of the information requested is subject to a confidentiality agreement with a Non- 8 Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 10 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 11 the information requested; and 12 (3) make the information requested available for inspection by the Non-Party. 13 (c) If the Non-Party fails to object or seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party may produce the 15 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 16 seeks a protective order, the Receiving Party shall not produce any information in its possession 17 or control that is subject to the confidentiality agreement with the Non-Party before a 18 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 19 burden and expense of seeking protection in this court of its Protected Material. 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 22 Material labeled “CONFIDENTIAL” or CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to 23 any person or in any circumstance not authorized under this Order, the Receiving Party must 24 immediately (a) notify in writing the Designating Party of the unauthorized disclosures, including 25 identify the person or persons to whom unauthorized disclosures were made, (b) use its best 26 efforts to retrieve all unauthorized copies of the Protected Material, and (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order. 28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in section 10. 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 8 seek its modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this Order, no 10 Party waives any right it otherwise would have to object to disclosing or producing any 11 information or item on any ground not addressed in this Order. Similarly, no Party waives any 12 right to object on any ground to use in evidence of any of the material covered by this Order. 13 12.3 Filing Protected Material. Protected Material may only be filed pursuant to Local 14 Rule 141 provided, however, that a Party filing a request to seal documents designated by another 15 as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall state in the 16 request that the documents were designated as “CONFIDENTIAL” or “CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY” by the Designating Party, and the Designating Party shall then 18 bear the burden of showing good cause or demonstrating compelling reasons for sealing the 19 documents using the procedures set forth in Local Rule 141(c). In this instance, the Designating 20 Party must file a document establishing that the designated materials are sealable within five 21 court days of the filing of the motion to seal. In the event the Court denies any party’s Request to 22 Seal Documents, the material may nonetheless be filed. 23 12.4 Access to Protected Material by Authorized Government Officials. Nothing in this 24 Order is intended to prevent officials or employees of the State of California, the California 25 Department of Corrections and Rehabilitation, or other authorized government officials from 26 having access to Protected Material to which they have access in the normal course of their 27 official duties. 28 1 13. FINAL DISPOSITION 2 13.1 Return or Destruction of Protected Material. Within 60 days after the final 3 disposition of this action, as defined in paragraph 4, each Receiving Party must return all 4 Protected Material to the Producing Party for destruction or destroy such material. As used in this 5 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and 6 any other format reproducing or capturing any of the Protected Material. Whether the Protected 7 Material is returned, or destroyed, the Receiving Party must submit a written certification to the 8 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day 9 deadline that affirms that the Receiving Party has not retained any copies, abstracts, compilations, 10 summaries or any other format reproducing or capturing any of the Protected Material, other than 11 the exceptions set forth in section 13.2. 12 13.2 Right to Retain Certain Categories of Material. Notwithstanding this section, 13 Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 14 and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 15 reports, attorney work product, and consultant and expert work product, even if such materials 16 contain Protected Material. Any such archival copies that contain or constitute Protected Material 17 remain subject to this Protective Order as set forth in Section 4 (DURATION). 18 19 20 21 22 23 24 25 26 / / / 27 / / / 28 / / / 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 Dated: March 1, 2021 Respectfully submitted, /S/ DAVID WASHINGTON 3 DAVID WASHINGTON 4 Attorney for Plaintiffs1 5 6 Dated: March 1, 2021 Respectfully submitted, /S/ __MARTHA EHLENBACH 7 MARTHA EHLENBACH 8 Deputy Attorney General Attorneys for Defendants CDCR, Allison, 9 Anderson, Austin, Diaz, Edmonds, Flynn, Freiha, Gipson, Gutierrez, Harrison, 10 Kernan, Kraschel, Lozano, McGee, Mims, Newton, Nocerino, Page-Pressley, 11 Ramachandran, Sheffield, Surprise, Tebrock, Toche, and Walker 12

13 Dated: March 1, 2021 Respectfully submitted, 14 /S/ __SCOTT W. FOLEY

15 SCOTT W. FOLEY Attorney for Defendant Harrison 16 17 18 Dated: March 1, 2021 Respectfully submitted, /S/ JOAN E. TRIMBLE 19 JOAN E. TRIMBLE 20 Attorney for Defendant Gorewitz

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27 1 Plaintiffs’ counsel, Scott Foley, and Joan Trimble gave permission to affix their 28 electronic signatures by email. E.D. Cal. L.R. 131(e). 1 ORDER 2 The court has reviewed the parties’ stipulated protective order, which comports with the 3 || relevant authorities and the court’s applicable local rule. See L.R. 141.1(c);? see also Phillips ex 4 | rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) (““Generally, the 5 || public can gain access to litigation documents and information produced during discovery unless 6 || the party opposing disclosure shows ‘good cause’ why a protective order is necessary.”’) 7 || Therefore, the court APPROVES the stipulated protective order subject to the following 8 | clarification. 9 Once this action is closed, “unless otherwise ordered, the court will not retain jurisdiction 10 || over enforcement of the terms of” this protective order. E.D. Cal. L-R. 141.1(f). Courts in the 11 || district generally do not agree to retain jurisdiction after closure of the case. See, e.g., MD 12 || Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017). 13 14 . o> 1 hy □ ) 3 15 Dated: March 2, 2021 (ard At ia po, 16 CAROLYN K.DELANEY UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 ? The court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission: 22 (1) A description of the types of information eligible for protection under the order, with the description provided in general terms sufficient to reveal the 23 nature of the information (e.g., customer list, formula for soda, diary of a 24 troubled child); (2) A showing of particularized need for protection as to each category of 25 information proposed to be covered by the order; and (3) A showing as to why the need for protection should be addressed by a court 26 order, as opposed to a private agreement between or among the parties. 27 | Local Rule 141.1(c). Although the stipulated protective order describes the types of information to be protected only very generally, the court finds the description satisfies the spirit of 28 | Rule 141.1(c), if not the letter. 15