Guzman v. Jones

Opinion

1 Daniel S. Bitton (SBN 320296) ROB BONTA dbitton@axinn.com Attorney General of California 2 Jason T. Murata (SBN 319287) PREETI K. BAJWA 3 jmurata@axinn.com Supervising Deputy Attorney General Patrick Doyle (SBN 329810) Preeti.Bajwa@doj.ca.gov 4 pdoyle@axinn.com PETER B. NICHOLS, State Bar No. 289706 Neelesh T. Moorthy (SBN 341155) Deputy Attorney General 5 nmoorthy@axinn.com Ben.Nichols@doj.ca.gov Darpan R. Singh (SBN 347052) 6 600 West Broadway, Suite 1800 dsingh@axinn.com San Diego, CA 92101 7 Isabella L. Solórzano (SBN 345703) P.O. Box 85266 isolorzano@axinn.com San Diego, CA 92186-5266 8 Telephone: (619) 321-5789 AXINN, VELTROP & HARKRIDER LLP 9 55 Second Street, 20th Floor Fax: (619) 645-2581 E-mail: Ben.Nichols@doj.ca.gov 10 San Francisco, CA 94105 Telephone: 415.490.2000 Attorneys for Defendants 11 Facsimile: 415.490.2001 T. Boerum and D. Dorsey

12 Attorneys for Plaintiff Mayito Guzman

13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 MAYITO GUZMAN 17 Case No. 4:19-cv-03757-HSG Plaintiff, 18 STIPULATED v. PROTECTIVE ORDER 19 D. DORSEY, ET AL. 20 Defendant. 21

22 23 1. PURPOSES AND LIMITATIONS 24 Disclosure and discovery activity in this action are likely to involve production of 25 confidential, proprietary, or private information for which special protection from public disclosure 26 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 27 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 1 disclosures or responses to discovery and that the protection it affords from public disclosure and use 2 extends only to the limited information or items that are entitled to confidential treatment under the 3 applicable legal principles. The parties further acknowledge, as set forth in Section 13.3, below, that 4 this Stipulated Protective Order does not entitle them to file confidential information under seal; 5 Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be 6 applied when a party seeks permission from the court to file material under seal. 7 2. GOOD CAUSE STATEMENT 8 This action is likely to involve materials, which concerns or relates to the processes, 9 operations, or work of the California Department of Corrections and Rehabilitation and its 10 employees and agents (collectively “CDCR”), the disclosure of which may have the effect of 11 causing harm or endangering the safety of CDCR staff, inmates, or third persons. Additionally, 12 Plaintiff is a former CDCR inmate, and Defendants contend that providing him access to certain 13 sensitive information creates safety and security concerns. Such confidential materials and 14 information consist of, among other things, information about confidential informants, prison 15 procedures for investigating staff accused of misconduct, prison procedures for investigating 16 inmates accused of misconduct, and other information that is only available to staff on a need-to- 17 know basis, not provided to inmates, and which may be privileged or otherwise protected from 18 disclosure under state or federal statutes, court rules, case decisions, or common law. 19 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 20 over confidentiality of discovery materials, to adequately protect information the parties are 21 entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of 22 such material in preparation for and in the conduct of trial, to address their handling at the end of 23 the litigation, and serve the ends of justice, a protective order for such information is justified in 24 this matter. It is the intent of the parties that information will not be designated as 25 CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY for tactical reasons and that 26 nothing be so designated without a good faith belief that it has been maintained in a confidential, 27 non-public manner, and there is good cause why it should not be part of the public record of this 1 3. DEFINITIONS 2 3.1 Challenging Party: a Party or Non-Party that challenges the designation of 3 information or items under this Order. 4 3.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 5 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 6 Civil Procedure 26(c), and as specified above in the Good Cause Statement. 7 3.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 8 as their support staff). 9 3.4 Designating Party: a Party or Non-Party that designates information or items that it 10 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “CONFIDENTIAL 11 ATTORNEYS’ EYES ONLY.” 12 3.5 Disclosure or Discovery Material: all items or information, regardless of the medium 13 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 14 transcripts, and tangible things), that are produced or generated in disclosures or responses to 15 discovery in this matter. 16 3.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the 17 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 18 consultant in this action. 19 3.7 House Counsel: attorneys who are employees of a party to this action. House 20 Counsel does not include Outside Counsel of Record or any other outside counsel. 21 3.8 Non-Party: any natural person, partnership, corporation, association, or other legal 22 entity not named as a Party to this action. 23 3.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 24 but are retained to represent or advise a party to this action and have appeared in this action on 25 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 26 3.10 Party: any party to this action, including all of its officers, directors, employees, 27 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 1 Material in this action. 2 3.12 Professional Vendors: persons or entities that provide litigation support services (e.g., 3 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 4 storing, or retrieving data in any form or medium) and their employees and subcontractors. 5 3.13 Protected Material: any Disclosure or Discovery Material that is designated as 6 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY.” 7 3.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 8 Producing Party. 9 3.15 CONFIDENTIAL ATTORNEYS’ EYES ONLY: information (regardless of how 10 it is generated, stored, or maintained) or tangible things that qualify for protection under Federal 11 Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. Additionally, 12 the information concerns CDCR’s internal affairs, investigatory tactics, and third parties which is 13 not provided to inmates for safety and security reasons. Thus, information designated Attorneys’ 14 Eyes Only, shall only be disclosed as delineated in paragraph 8.3. 15 4. SCOPE 16 The protections conferred by this Stipulation and Order cover not only Protected Material (as 17 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 18 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 19 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 20 However, the protections conferred by this Stipulation and Order do not cover the following 21 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 22 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 23 publication not involving a violation of this Order, including becoming part of the public record 24 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 25 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 26 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 27 Protected Material at trial shall be governed by a separate agreement or order. 1 5. DURATION 2 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or 3 CONFIDENTIAL ATTORNEYS’ EYES ONLY maintained pursuant to this Protective Order 4 used or introduced as an exhibit at trial becomes public and will be presumptively available to all 5 members of the public, including the press, unless compelling reasons supported by specific 6 factual findings to proceed otherwise are made to the trial judge in advance of the information 7 being introduced at trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 8 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 9 discovery from “compelling reasons” standard when merits-related documents are part of court 10 record). 11 Even after final disposition of this litigation, the confidentiality obligations imposed by this 12 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 13 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 14 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 15 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 16 time limits for filing any motions or applications for extension of time pursuant to applicable law. 17 6. DESIGNATING PROTECTED MATERIAL 18 6.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 19 Non-Party that designates information or items for protection under this Order must take care to 20 limit any such designation to specific material that qualifies under the appropriate standards. The 21 Designating Party must designate for protection only those parts of material, documents, items, or 22 oral or written communications that qualify – so that other portions of the material, documents, 23 items, or communications for which protection is not warranted are not swept unjustifiably within 24 the ambit of this Order. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 26 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 27 encumber or retard the case development process or to impose unnecessary expenses and burdens on 1 If it comes to a Designating Party’s attention that information or items that it designated for 2 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 3 that it is withdrawing the mistaken designation. 4 6.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 6.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) For information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix the legend “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” to 12 each page that contains protected material. If only a portion or portions of the material on a page 13 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). The legend shall be affixed in such a 15 manner that it does not obscure any text, figures, or other content in the document. 16 A Party or Non-Party that makes original documents or materials available for inspection 17 need not designate them for protection until after the inspecting Party has indicated which material it 18 would like copied and produced. During the inspection and before the designation, all of the 19 material made available for inspection shall be deemed “CONFIDENTIAL ATTORNEYS’ EYES 20 ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the 21 Producing Party must determine which documents, or portions thereof, qualify for protection under 22 this Order. Then, before producing the specified documents, the Producing Party must affix the 23 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” legend to each page that 24 contains Protected Material. If only a portion or portions of the material on a page qualifies for 25 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). The legend shall be affixed in such a manner that it does not 27 obscure any text, figures, or other content in the document. 1 Designating Party identify Protected Information by page and line number within 30 days after the 2 final transcript becoming available, and indicate whether the information is “CONFIDENTIAL” or 3 “CONFIDENTIAL ATTORNEYS’ EYES ONLY.” Prior to the designation, the entire transcript of 4 the deposition shall be treated as “CONFIDENTIAL ATTORNEYS’ EYES ONLY.” 5 (c) for information produced in some form other than documentary and for any other 6 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 7 containers in which the information or item is stored the legend “CONFIDENTIAL” or 8 “CONFIDENTIAL ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information 9 or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected 10 portion(s). 11 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 12 designate qualified information or items does not, standing alone, waive the Designating Party’s 13 right to secure protection under this Order for such material. Upon timely correction of a 14 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 15 accordance with the provisions of this Order. 16 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 18 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 19 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 20 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 21 confidentiality designation by electing not to mount a challenge promptly after the original 22 designation is disclosed. 23 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 24 by providing written notice of each designation it is challenging and describing the basis for each 25 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 26 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 27 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 1 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 2 Party must explain the basis for its belief that the confidentiality designation was not proper and 3 must give the Designating Party an opportunity to review the designated material, to reconsider the 4 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 5 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 6 has engaged in this meet and confer process first or establishes that the Designating Party is 7 unwilling to participate in the meet and confer process in a timely manner. 8 7.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 9 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 10 Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the 11 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 12 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 13 competent declaration affirming that the movant has complied with the meet and confer 14 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 15 motion including the required declaration within 21 days (or 14 days, if applicable) shall 16 automatically waive the confidentiality designation for each challenged designation. In addition, the 17 Challenging Party may file a motion challenging a confidentiality designation at any time if there is 18 good cause for doing so, including a challenge to the designation of a deposition transcript or any 19 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 20 competent declaration affirming that the movant has complied with the meet and confer 21 requirements imposed by the preceding paragraph. 22 The burden of persuasion in any such challenge proceeding shall be on the Designating 23 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 24 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 25 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 26 retain confidentiality as described above, all parties shall continue to afford the material in question 27 the level of protection to which it is entitled under the Producing Party’s designation until the court 1 8. ACCESS TO AND USE OF PROTECTED MATERIAL 2 8.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 14 below (FINAL 7 DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a location and in a 9 secure manner that ensures that access is limited to the persons authorized under this Order. 10 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 14 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 15 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 16 attached hereto as Exhibit A; 17 (b) the parties to this action, the officers, directors, and employees (including House 18 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and 19 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 21 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 22 to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 25 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 1 A hereto; and (2) they will not be permitted to keep any confidential information unless they sign the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 3 Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 4 depositions that reveal Protected Material must be separately bound by the court reporter and may 5 not be disclosed to anyone except as permitted under this Stipulated Protective Order; and 6 (g) the author or recipient of a document containing the information or a custodian or 7 other person who otherwise possessed or knew the information. 8 8.3 Disclosure of “CONFIDENTIAL ATTORNEYS’ EYES ONLY” Information or 9 Items. Attorneys’ Eyes Only Material, and the information contained therein, shall be disclosed to 10 the qualified persons listed in subparagraphs 8.2(a) through (g) above, but shall not be disclosed to 11 a party, including Plaintiff who is no longer incarcerated, or any other inmate or third person, 12 unless previously agreed or ordered. If disclosure of Attorneys’ Eyes Only Material is made 13 pursuant to this paragraph, all other provisions in this Order with respect to confidentiality shall 14 apply, including but not limited to, signing and serving a non-disclosure agreement in the form of 15 Exhibit A. Nothing in this Order shall prevent counsel from rendering legal advice to their clients 16 based on information or items designated as Attorneys’ Eyes Only Materials, provided that the 17 specific information or items are not disclosed to the clients. 18 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 19 LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation that compels 21 disclosure of any information or items designated in this action as “CONFIDENTIAL,” or 22 “CONFIDENTIAL ATTORNEYS’ EYES ONLY” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification shall include a 24 copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 26 other litigation that some or all of the material covered by the subpoena or order is subject to this 27 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 1 Designating Party whose Protected Material may be affected. 2 If the Designating Party timely seeks a protective order, the Party served with the subpoena 3 or court order shall not produce any information designated in this action as “CONFIDENTIAL” or 4 “CONFIDENTIAL ATTORNEYS’ EYES ONLY” before a determination by the court from which 5 the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The 6 Designating Party shall bear the burden and expense of seeking protection in that court of its 7 confidential material – and nothing in these provisions should be construed as authorizing or 8 encouraging a Receiving Party in this action to disobey a lawful directive from another court. 9 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 10 LITIGATION 11 (a) The terms of this Order are applicable to information produced by a Non-Party in this 12 action and designated as “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY.” 13 Such information produced by Non-Parties in connection with this litigation is protected by the 14 remedies and relief provided by this Order. Nothing in these provisions should be construed as 15 prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 17 Party’s confidential information in its possession, custody, or control and the Party is subject to an 18 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 19 Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all 21 of the information requested is subject to a confidentiality agreement with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 23 this litigation, the relevant discovery request(s), and a reasonably specific description of the 24 information requested; and 25 (3) make the information requested available for inspection by the Non-Party, if 26 requested. 27 (c) If the Non-Party fails to object or seek a protective order from this court within 14 1 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 2 seeks a protective order, the Receiving Party shall not produce any information in its possession or 3 control that is subject to the confidentiality agreement with the Non-Party before a determination by 4 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 5 seeking protection in this court of its Protected Material. 6 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 8 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 9 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 10 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 11 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 12 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 13 Be Bound” that is attached hereto as Exhibit A. 14 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 15 MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 17 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 18 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 19 modify whatever procedure may be established in an e-discovery order that provides for production 20 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 21 parties reach an agreement on the effect of disclosure of a communication or information covered by 22 the attorney-client privilege or work product protection, the parties may incorporate their agreement 23 in the stipulated protective order submitted to the court. 24 13. MISCELLANEOUS 25 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 26 its modification by the court in the future. 27 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 1 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 2 Party waives any right to object on any ground to use in evidence of any of the material covered by 3 this Protective Order. 4 13.3 Filing Protected Material. Without written permission from the Designating Party or 5 a court order secured after appropriate notice to all interested persons, a Party may not file in the 6 public record in this action any Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 8 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 9 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing 10 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 11 protection under the law. If a Receiving Party's request to file Protected Material under seal 12 pursuant to Civil Local Rule 79-5 is denied by the court, then the Receiving Party may file the 13 information in the public record pursuant to Civil Local Rule 79-5 unless otherwise instructed by the 14 court. 15 14. FINAL DISPOSITION 16 Within 60 days after the final disposition of this action, as defined in paragraph 5, each 17 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 18 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 19 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 20 the Protected Material is returned or destroyed, the Receiving Party must submit a written 21 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 22 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 23 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 24 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 25 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 26 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 27 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 1 copies that contain or constitute Protected Material remain subject to this Protective Order as set 2 forth in Section 5 (DURATION). 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 /s/ Ben Nichols Dated: May 11, 2023 ROB BONTA 6 Attorney General of California

7 PREETI K. BAJWA Supervising Deputy Attorney General 8 PETER B. NICHOLS 9 Deputy Attorney General Attorneys for Defendants 10

12 /s/Patrick Doyle 13 Dated: May 11, 2023 DANIEL S. BITTON (SBN 320296) dbitton@axinn.com 14 JASON T. MURATA (SBN 319287) jmurata@axinn.com 15 PATRICK DOYLE (SBN 329810) pdoyle@axinn.com 16 NEELESH T. MOORTHY (SBN 341155) nmoorthy@axinn.com 17 DARPAN R. SINGH (SBN 347052) dsingh@axinn.com 18 ISABELLA L. SOLÓRZANO (SBN 345703) isolorzano@axinn.com 19

20 AXINN, VELTROP & HARKRIDER LLP 55 Second Street, 20th Floor 21 San Francisco, CA 94105 Telephone: 415.490.2000 22 Facsimile: 415.490.2001 23 Attorneys for Plaintiff

25 26 27 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 the 6 Northern District of California on ______ in the case of Guzman v. Dorsey, et al. No. 4:19-cv- 7 03757-HSG. I agree to comply with and to be bound by all the terms of this Stipulated Protective 8 Order and I understand and acknowledge that failure to so comply could expose me to sanctions and 9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 10 information or item that is subject to this Stipulated Protective Order to any person or entity except 11 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 Northern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 14 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 number] as 17 my California agent for service of process in connection with this action or any proceedings related 18 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 27 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 || DATED: 5/12/2023 Aayyrrd 5 Mb Honorable Haywood S. Gilliam 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28