Jane Doe v. County of Orange

• Court: District Court, C.D. California
• Decided: December 23, 2020
• Docket: 8:20-cv-00322
• Status: Unknown

Opinion

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JANE DOE 11 Plaintiff, Case No. SACV 20-00322-JWH (GJS) 12 v. 13 COUNTY OF ORANGE; DON 14 BARNES; WILLIAM BAKER; STIPULATED PROTECTIVE ORDER JOE BALICKI; MARK 15 STICHTER; and DOES 1-10, inclusive 16 Defendants. 17 18 1. A. PURPOSES AND LIMITATIONS 19 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation may 23 24 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 25 enter the following Stipulated Protective Order. The parties acknowledge that this 26 Order does not confer blanket protections on all disclosures or responses to 27 only to the limited information or items that are entitled to confidential treatment 1 2 under the applicable legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve information for which special protection from 5 6 public disclosure and from use for any purpose other than prosecution of this action 7 is warranted. Such confidential and proprietary materials and information consist 8 of, among other things, training information and evaluations contained in the 9 10 personnel files of County Defendants or any other County deputy which is 11 confidential and has not been made public, including any and all citizen’s 12 complaints and/or complaints, reviews, or discipline initiated by other law 13 14 enforcement personnel, information contained in the investigation reports into civil 15 rights violations, training and evaluations, which are confidential and have not been 16 made public; information regarding the layout, dimensions, measurements, 17 18 organization, and staffing of the Women’s Central Jail (“WCJ”) located at 44 Civic 19 Center Plaza, Santa Ana, CA 92703; identifying and personal information of 20 21 Plaintiff, County Defendants and employees of WCJ including but not limited to: 22 name, date of birth, phone number, home address, personal email address, and 23 present and former employers; confidential and non-public policies and procedures 24 25 of the WCJ that if made public may compromise the safety of personnel and inmates 26 at WCJ; and Plaintiff’s medical and financial information. The release of such 27 information raises issue of personal and public safety. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over 1 2 confidentiality of discovery materials, to adequately protect information the parties 3 are entitled to keep confidential, to ensure that the parties are permitted reasonable 4 necessary uses of such material in preparation for and in the conduct of trial, to 5 6 address their handling at the end of the litigation, and serve the ends of justice, a 7 protective order for such information is justified in this matter. It is the intent of the 8 parties that information will not be designated as confidential for tactical reasons 9 10 and that nothing be so designated without a good faith belief that it has been 11 maintained in a confidential, non-public manner, and there is good cause why it 12 should not be part of the public record of this case. 13 14 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 15 The parties further acknowledge, as set forth in Section 12.3, below, that this 16 Stipulated Protective Order does not entitle them to file confidential information 17 18 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 19 and the standards that will be applied when a party seeks permission from the court 20 21 to file material under seal. 22 There is a strong presumption that the public has a right of access to judicial 23 proceedings and records in civil cases. In connection with non-dispositive motions, 24 25 good cause must be shown to support a filing under seal. See Kamakana v. City and 26 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 27 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 1 2 require good cause showing), and a specific showing of good cause or compelling 3 reasons with proper evidentiary support and legal justification, must be made with 4 respect to Protected Material that a party seeks to file under seal. The parties’ mere 5 6 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 7 without the submission of competent evidence by declaration, establishing that the 8 material sought to be filed under seal qualifies as confidential, privileged, or 9 10 otherwise protectable—constitute good cause. 11 Further, if a party requests sealing related to a dispositive motion or trial, then 12 compelling reasons, not only good cause, for the sealing must be shown, and the 13 14 relief sought shall be narrowly tailored to serve the specific interest to be protected. 15 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 16 each item or type of information, document, or thing sought to be filed or introduced 17 18 under seal in connection with a dispositive motion or trial, the party seeking 19 protection must articulate compelling reasons, supported by specific facts and legal 20 21 justification, for the requested sealing order. Again, competent evidence supporting 22 the application to file documents under seal must be provided by declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in 24 25 its entirety will not be filed under seal if the confidential portions can be redacted. 26 If documents can be redacted, then a redacted version for public viewing, omitting 27 only the confidential, privileged, or otherwise protectable portions of the document, shall be filed. Any application that seeks to file documents under seal in their 1 2 entirety should include an explanation of why redaction is not feasible. 3 2. DEFINITIONS 4 2.1 Action: this pending federal lawsuit. 5 6 2.2 Challenging Party: a Party or Non-Party that challenges the 7 designation of information or items under this Order. 8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 9 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 15 their support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or 17 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 21 2.6 Disclosure or Discovery Material: all items or information, regardless 22 of the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced or 24 25 generated in disclosures or responses to discovery in this matter. 26 /// 27 /// 2.7 Expert: a person with specialized knowledge or experience in a matter 1 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 6 House Counsel does not include Outside Counsel of Record or any other outside 7 counsel. 8 2.9 Non-Party: any natural person, partnership, corporation, association or 9 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 14 have appeared in this Action on behalf of that party or are affiliated with a law firm 15 that has appeared on behalf of that party, and includes support staff. 16 2.11 Party: any party to this Action, including all of its officers, directors, 17 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 2.13 Professional Vendors: persons or entities that provide litigation 24 25 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 1 2 designated as “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery 4 Material from a Producing Party. 5 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or 9 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 14 Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Material at trial. 16 4. DURATION 17 18 FINAL DISPOSITION of the action is defined as the conclusion of any 19 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 20 21 has run. Except as set forth below, the terms of this protective order apply through 22 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 23 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 24 25 but will have to file a separate action for enforcement of the agreement once all 26 proceedings in this case are complete. 27 /// Once a case proceeds to trial, information that was designated as 1 2 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 3 as an exhibit at trial becomes public and will be presumptively available to all 4 members of the public, including the press, unless compelling reasons supported by 5 6 specific factual findings to proceed otherwise are made to the trial judge in advance 7 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 8 showing for sealing documents produced in discovery from “compelling reasons” 9 10 standard when merits-related documents are part of court record). Accordingly, for 11 such materials, the terms of this protective order do not extend beyond the 12 commencement of the trial. 13 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each Party or Non-Party that designates information or items for protection under 17 18 this Order must take care to limit any such designation to specific material that 19 qualifies under the appropriate standards. The Designating Party must designate for 20 21 protection only those parts of material, documents, items or oral or written 22 communications that qualify so that other portions of the material, documents, items 23 or communications for which protection is not warranted are not swept unjustifiably 24 25 within the ambit of this Order. 26 Mass, indiscriminate or routinized designations are prohibited. Designations 27 that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose 1 2 unnecessary expenses and burdens on other parties) may expose the Designating 3 Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 6 designated for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in 9 10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 22 contains protected material. If only a portion of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 25 (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and 1 2 before the designation, all of the material made available for inspection shall be 3 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 4 documents it wants copied and produced, the Producing Party must determine which 5 6 documents, or portions thereof, qualify for protection under this Order. Then, 7 before producing the specified documents, the Producing Party must affix the 8 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 9 10 portion of the material on a page qualifies for protection, the Producing Party also 11 must clearly identify the protected portion(s) (e.g., by making appropriate markings 12 in the margins). 13 14 (b) for testimony given in depositions that the Designating Party identifies 15 the Disclosure or Discovery Material on the record, before the close of the 16 deposition all protected testimony. 17 18 (c) for information produced in some form other than documentary and 19 for any other tangible items, that the Producing Party affix in a prominent place on 20 21 the exterior of the container or containers in which the information is stored the 22 legend “CONFIDENTIAL.” If only a portion or portions of the information 23 warrants protection, the Producing Party, to the extent practicable, shall identify the 24 25 protected portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. 1 2 Upon timely correction of a designation, the Receiving Party must make reasonable 3 efforts to assure that the material is treated in accordance with the provisions of this 4 Order. 5 6 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time that is consistent with the Court’s 9 10 Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 resolution process under Local Rule 37.1 et seq. 13 14 6.3 The burden of persuasion in any such challenge proceeding shall be on 15 the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 18 parties) may expose the Challenging Party to sanctions. Unless the Designating 19 Party has waived or withdrawn the confidentiality designation, all parties shall 20 21 continue to afford the material in question the level of protection to which it is 22 entitled under the Producing Party’s designation until the Court rules on the 23 challenge. 24 25 /// 26 /// 27 /// 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 6 Protected Material may be disclosed only to the categories of persons and under the 7 conditions described in this Order. When the Action has been terminated, a 8 Receiving Party must comply with the provisions of section 13 below (FINAL 9 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 18 Receiving Party may disclose any information or item designated 19 “CONFIDENTIAL” only to: 20 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 25 (b) the officers, directors, and employees (including House Counsel) of 26 the Receiving Party to whom disclosure is reasonably necessary for this Action; 27 (c) Experts (as defined in this Order) of the Receiving Party to whom 1 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 6 (e) court reporters and their staff; 7 (f) professional jury or trial consultants, mock jurors, and Professional 8 Vendors to whom disclosure is reasonably necessary for this Action and who have 9 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 14 (h) during their depositions, witnesses, and attorneys for witnesses, in the 15 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 16 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 17 18 will not be permitted to keep any confidential information unless they sign the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 20 21 agreed by the Designating Party or ordered by the court. Pages of transcribed 22 deposition testimony or exhibits to depositions that reveal Protected Material may 23 be separately bound by the court reporter and may not be disclosed to anyone except 24 25 as permitted under this Stipulated Protective Order; and 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 1 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 6 “CONFIDENTIAL,” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification 8 shall include a copy of the subpoena or court order; 9 10 (b) promptly notify in writing the party who caused the subpoena or order 11 to issue in the other litigation that some or all of the material covered by the 12 subpoena or order is subject to this Protective Order. Such notification shall include 13 14 a copy of this Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be 16 pursued by the Designating Party whose Protected Material may be affected. 17 18 If the Designating Party timely seeks a protective order, the Party served with 19 the subpoena or court order shall not produce any information designated in this 20 21 action as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 25 protection in that court of its confidential material and nothing in these provisions 26 should be construed as authorizing or encouraging a Receiving Party in this Action 27 to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 1 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 5 6 produced by Non-Parties in connection with this litigation is protected by the 7 remedies and relief provided by this Order. Nothing in these provisions should be 8 construed as prohibiting a Non-Party from seeking additional protections. 9 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality 17 18 agreement with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the Stipulated 20 21 Protective Order in this Action, the relevant discovery request(s), and a reasonably 22 specific description of the information requested; and 23 (3) make the information requested available for inspection by the 24 25 Non-Party, if requested. 26 (c) If the Non-Party fails to seek a protective order from this court within 27 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery 1 2 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 3 not produce any information in its possession or control that is subject to the 4 confidentiality agreement with the Non-Party before a determination by the court. 5 6 Absent a court order to the contrary, the Non-Party shall bear the burden and 7 expense of seeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 13 14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 16 persons to whom unauthorized disclosures were made of all the terms of this Order, 17 18 and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 25 inadvertently produced material is subject to a claim of privilege or other protection, 26 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 27 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production 1 2 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 3 (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 5 6 product protection, the parties may incorporate their agreement in the stipulated 7 protective order submitted to the court. 8 12. MISCELLANEOUS 9 10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the Court in the future. 12 12.2 Right to Assert Other Objections. By stipulating to the entry of this 13 14 Protective Order, no Party waives any right it otherwise would have to object to 15 disclosing or producing any information or item on any ground not addressed in this 16 Stipulated Protective Order. Similarly, no Party waives any right to object on any 17 18 ground to use in evidence of any of the material covered by this Protective Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 21 Protected Material must comply with Local Civil Rule 79-5. Protected Material 22 may only be filed under seal pursuant to a court order authorizing the sealing of the 23 specific Protected Material at issue. If a Party’s request to file Protected Material 24 25 under seal is denied by the court, then the Receiving Party may file the information 26 in the public record unless otherwise instructed by the court. 27 13. FINAL DISPOSITION 1 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 6 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 7 summaries, and any other format reproducing or capturing any of the Protected 8 Material. Whether the Protected Material is returned or destroyed, the Receiving 9 10 Party must submit a written certification to the Producing Party (and, if not the same 11 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 12 (by category, where appropriate) all the Protected Material that was returned or 13 14 destroyed and (2) affirms that the Receiving Party has not retained any copies, 15 abstracts, compilations, summaries or any other format reproducing or capturing any 16 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 17 18 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 20 21 reports, attorney work product, and consultant and expert work product, even if such 22 materials contain Protected Material. Any such archival copies that contain or 23 constitute Protected Material remain subject to this Protective Order as set forth in 24 25 Section 4 (DURATION). 26 /// 27 /// || 14. MIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 without limitation, contempt proceedings and/or monetary sanctions. 4 5 || IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: 11/30/2020 8 9 /s/JANE DOE 10 || JANE DOE, Plaintiff In Pro Per 11 12 DATED: 11/30/20

] 1 MARIAH A. WITT, Attorneys for Defendant 16 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 | DATED: December 23, 2020 20 21 □□ 22 || HON. GAIL J. STANDISH United States Magistrate Judge 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on ______ [date] in the case of Doe v. County of Orange, et al (Case #8:20-cv- 9 00322-JWH-GJS). I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 1 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) 2 State of California, ) ) ss. 3 County of San Diego. )

4 I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action; my business address is 2011 Palomar Airport Road, Suite 207, Carlsbad, California 92011.

5 On this date, I served the foregoing document described as STIPULATED PROTECTIVE ORDER on the interested parties in this action by transmitting the same via electronic mail and by placing same in a sealed envelope, postage fully prepaid, addressed as 6 follows:

7 Jane Doe Courtproceeding9@gmail.com 8 PLAINTIFF IN PRO SE 9 (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, 10 California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at South Pasadena, California in the ordinary course of business. I am aware that on motion 11 of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 12 (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested 13 to be placed in the United States Mail in Orange, California.

BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY 14 (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on Plaintiff Jane Doe at 15 the email address on file with the Court which is redacted herein per request of Plaintiff Jane Doe through the Court’s CM/ECF Electronic Filing system: November 30, 2020 16 FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. 17 (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile 18 number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (714) 823-4101 indicated all pages were transmitted. 19 (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). 20 Executed on November 30, 2020 at Carlsbad, California. 21

23 VICKI WOOD 24 vwood@ccmslaw.com | legalservices@ccmslaw.com

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