8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 JUAN CARLOS NEGRETE, Case No. 1:23-cv-00379-ADA-SAB
12 Plaintiff, ORDER ENTERING STIPULATED PROTECTIVE ORDER 13 v. (ECF No. 10) 14 AMAZON.COM SERVICES LLC, 15 Defendant. 16 17 18 19 20 STIPULATED PROTECTIVE ORDER 21 1. PURPOSES AND LIMITATIONS 22 Disclosure and discovery activity in this action are likely to involve production of 23 confidential, proprietary, or private information for which special protection from public disclosure 24 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 25 Defendant Amazon.com Services LLC (“Amazon” or “Defendant”) and Plaintiff Juan Carlos 26 Negrete (“Plaintiff”) (collectively, “the parties”), by and through their counsel of record, hereby 27 stipulate to and petition the court to enter the following Stipulated Protective Order. 28 1 This Protective Order will provide protection for materials in which the Plaintiff or third 2 parties have a legally cognizable privacy interest, such as confidential business or financial 3 information, information regarding confidential business practices, sensitive information regarding 4 third parties, medical records, employees’ personnel records, or other confidential information 5 otherwise generally unavailable to the public or which may be privileged or otherwise protected 6 from disclosure under state or federal statutes, court rules, case decisions, or common law. The 7 sensitivity and confidentiality of these documents necessitates protection of these documents to be 8 addressed by court order. Accordingly, to expedite the flow of information, to facilitate the prompt 9 resolution of disputes over confidentiality of discovery materials, to adequately protect information 10 the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable 11 necessary uses of such material in preparation for and in the conduct of trial, to address their 12 handling at the end of the litigation, and serve the ends of justice, a protective order for such 13 information is justified in this matter. The parties acknowledge that this Order does not confer 14 blanket protections on all disclosures or responses to discovery and that the protection it affords 15 from public disclosure and use extends only to the limited information or items that are entitled to 16 confidential treatment under the applicable legal principles. The parties further acknowledge, as set 17 forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 18 confidential information under seal; Civil Local Rule 141 sets forth the procedures that must be 19 followed and the standards that will be applied when a party seeks permission from the court to file 20 material under seal. 21 2. DEFINITIONS 22 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 23 information or items under this Order. 24 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 25 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 26 Civil Procedure 26(c). 27 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 28 as their support staff). 1 2.4 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 2.5 Disclosure or Discovery Material: all items or information, regardless of the 4 medium or manner in which it is generated, stored, or maintained (including, among other things, 5 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 6 responses to discovery in this matter. 7 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 8 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 9 consultant in this action. 10 2.7 House Counsel: attorneys who are employees of a party to this action. House 11 Counsel does not include Outside Counsel of Record or any other outside counsel. 12 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 13 entity not named as a Party to this action. 14 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 15 action but are retained to represent or advise a party to this action and have appeared in this action 16 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 17 2.10 Party: any party to this action, including all of its officers, directors, employees, 18 consultants, retained experts and investigators, and Outside Counsel of Record (and their support 19 staffs). 20 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 21 Material in this action. 22 2.12 Professional Vendors: persons or entities that provide litigation support services 23 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 24 storing, or retrieving data in any form or medium) and their employees and subcontractors. 25 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 26 “CONFIDENTIAL.” 27 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 28 Producing Party. 1 3. SCOPE 2 The types of information eligible for protection under this Stipulation and Order include the 3 following: Plaintiff’s medical records; Plaintiff’s personnel records containing information which is 4 private pursuant to Article 1 Section 1 of the California Constitution. Courts have routinely 5 recognized a legally cognizable privacy interest in records of this nature. See e.g., Doe v. A. J. 6 Boggs & Co., No. 118CV01464AWIBAM, 2019 WL 1517567, at *6 (E.D. Cal. Apr. 8, 2019) 7 (citing Pettus v. Cole, 49 Cal. App. 4th 402, 440 (1996)) (ordering discovery of Plaintiffs’ medical 8 information as subject to protective order because “California law recognizes a constitutional right 9 to privacy in an individual’s medical history”); Buchanan v. Santos, No. 1:08-CV-01174-AWI, 10 2011 WL 2112475, at *5 (E.D. Cal. May 26, 2011) (ordering discovery of personnel records as 11 subject to protective order); Sanchez v. Cty. of Sacramento Sheriff’s Dep’t, No. 2:19-CV-01545 12 MCE AC, 2020 WL 3542328, at *5 (E.D. Cal. June 30, 2020) (ordering discovery of personnel 13 records as subject to protective order). 14 The protections conferred by this Stipulation and Order cover not only Protected Material 15 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 16 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 17 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 18 However, the protections conferred by this Stipulation and Order do not cover the following 19 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 20 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 21 publication not involving a violation of this Order, including becoming part of the public record 22 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 23 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 24 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 25 Protected Material at trial shall be governed by a separate agreement or order. 26 4.
Free access — add to your briefcase to read the full text and ask questions with AI
8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 JUAN CARLOS NEGRETE, Case No. 1:23-cv-00379-ADA-SAB
12 Plaintiff, ORDER ENTERING STIPULATED PROTECTIVE ORDER 13 v. (ECF No. 10) 14 AMAZON.COM SERVICES LLC, 15 Defendant. 16 17 18 19 20 STIPULATED PROTECTIVE ORDER 21 1. PURPOSES AND LIMITATIONS 22 Disclosure and discovery activity in this action are likely to involve production of 23 confidential, proprietary, or private information for which special protection from public disclosure 24 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 25 Defendant Amazon.com Services LLC (“Amazon” or “Defendant”) and Plaintiff Juan Carlos 26 Negrete (“Plaintiff”) (collectively, “the parties”), by and through their counsel of record, hereby 27 stipulate to and petition the court to enter the following Stipulated Protective Order. 28 1 This Protective Order will provide protection for materials in which the Plaintiff or third 2 parties have a legally cognizable privacy interest, such as confidential business or financial 3 information, information regarding confidential business practices, sensitive information regarding 4 third parties, medical records, employees’ personnel records, or other confidential information 5 otherwise generally unavailable to the public or which may be privileged or otherwise protected 6 from disclosure under state or federal statutes, court rules, case decisions, or common law. The 7 sensitivity and confidentiality of these documents necessitates protection of these documents to be 8 addressed by court order. Accordingly, to expedite the flow of information, to facilitate the prompt 9 resolution of disputes over confidentiality of discovery materials, to adequately protect information 10 the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable 11 necessary uses of such material in preparation for and in the conduct of trial, to address their 12 handling at the end of the litigation, and serve the ends of justice, a protective order for such 13 information is justified in this matter. The parties acknowledge that this Order does not confer 14 blanket protections on all disclosures or responses to discovery and that the protection it affords 15 from public disclosure and use extends only to the limited information or items that are entitled to 16 confidential treatment under the applicable legal principles. The parties further acknowledge, as set 17 forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 18 confidential information under seal; Civil Local Rule 141 sets forth the procedures that must be 19 followed and the standards that will be applied when a party seeks permission from the court to file 20 material under seal. 21 2. DEFINITIONS 22 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 23 information or items under this Order. 24 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 25 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 26 Civil Procedure 26(c). 27 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 28 as their support staff). 1 2.4 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 2.5 Disclosure or Discovery Material: all items or information, regardless of the 4 medium or manner in which it is generated, stored, or maintained (including, among other things, 5 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 6 responses to discovery in this matter. 7 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 8 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 9 consultant in this action. 10 2.7 House Counsel: attorneys who are employees of a party to this action. House 11 Counsel does not include Outside Counsel of Record or any other outside counsel. 12 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 13 entity not named as a Party to this action. 14 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 15 action but are retained to represent or advise a party to this action and have appeared in this action 16 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 17 2.10 Party: any party to this action, including all of its officers, directors, employees, 18 consultants, retained experts and investigators, and Outside Counsel of Record (and their support 19 staffs). 20 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 21 Material in this action. 22 2.12 Professional Vendors: persons or entities that provide litigation support services 23 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 24 storing, or retrieving data in any form or medium) and their employees and subcontractors. 25 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 26 “CONFIDENTIAL.” 27 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 28 Producing Party. 1 3. SCOPE 2 The types of information eligible for protection under this Stipulation and Order include the 3 following: Plaintiff’s medical records; Plaintiff’s personnel records containing information which is 4 private pursuant to Article 1 Section 1 of the California Constitution. Courts have routinely 5 recognized a legally cognizable privacy interest in records of this nature. See e.g., Doe v. A. J. 6 Boggs & Co., No. 118CV01464AWIBAM, 2019 WL 1517567, at *6 (E.D. Cal. Apr. 8, 2019) 7 (citing Pettus v. Cole, 49 Cal. App. 4th 402, 440 (1996)) (ordering discovery of Plaintiffs’ medical 8 information as subject to protective order because “California law recognizes a constitutional right 9 to privacy in an individual’s medical history”); Buchanan v. Santos, No. 1:08-CV-01174-AWI, 10 2011 WL 2112475, at *5 (E.D. Cal. May 26, 2011) (ordering discovery of personnel records as 11 subject to protective order); Sanchez v. Cty. of Sacramento Sheriff’s Dep’t, No. 2:19-CV-01545 12 MCE AC, 2020 WL 3542328, at *5 (E.D. Cal. June 30, 2020) (ordering discovery of personnel 13 records as subject to protective order). 14 The protections conferred by this Stipulation and Order cover not only Protected Material 15 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 16 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 17 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 18 However, the protections conferred by this Stipulation and Order do not cover the following 19 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 20 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 21 publication not involving a violation of this Order, including becoming part of the public record 22 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 23 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 24 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 25 Protected Material at trial shall be governed by a separate agreement or order. 26 4. DURATION 27 Even after final disposition of this litigation, the confidentiality obligations imposed by this 28 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 1 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 2 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 3 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 4 time limits for filing any motions or applications for extension of time pursuant to applicable law. 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 7 Non-Party that designates information or items for protection under this Order must take care to 8 limit any such designation to specific material that qualifies under the appropriate standards. The 9 Designating Party must designate for protection only those parts of material, documents, items, or 10 oral or written communications that qualify – so that other portions of the material, documents, 11 items, or communications for which protection is not warranted are not swept unjustifiably within 12 the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 14 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 15 encumber or retard the case development process or to impose unnecessary expenses and burdens 16 on other parties) expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it designated for 18 protection do not qualify for protection, that Designating Party must promptly notify all other 19 Parties that it is withdrawing the mistaken designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 21 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 22 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 23 designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic documents, but 26 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 27 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 28 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 2 A Party or Non-Party that makes original documents or materials available for inspection need not 3 designate them for protection until after the inspecting Party has indicated which material it would 4 like copied and produced. During the inspection and before the designation, all of the material made 5 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 6 identified the documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 8 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 9 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 10 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 11 appropriate markings in the margins). 12 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 13 Designating Party identify on the record, before the close of the deposition, hearing, or other 14 proceeding, all protected testimony. 15 (c) for information produced in some form other than documentary and for any other 16 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 17 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 18 portion or portions of the information or item warrant protection, the Producing Party, to the extent 19 practicable, shall identify the protected portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 21 designate qualified information or items does not, standing alone, waive the Designating Party’s 22 right to secure protection under this Order for such material. Upon timely correction of a 23 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 24 in accordance with the provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 27 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 28 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 1 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 2 challenge a confidentiality designation by electing not to mount a challenge promptly after the 3 original designation is disclosed. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 5 by providing written notice of each designation it is challenging and describing the basis for each 6 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 7 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 8 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 9 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 10 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 11 Party must explain the basis for its belief that the confidentiality designation was not proper and 12 must give the Designating Party an opportunity to review the designated material, to reconsider the 13 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 14 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 15 has engaged in this meet and confer process first or establishes that the Designating Party is 16 unwilling to participate in the meet and confer process in a timely manner. 17 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 18 intervention, the Designating Party shall file and serve a motion to retain confidentiality as per 19 applicable judicial standing orders and local rules within 21 days of the initial notice of challenge or 20 within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, 21 whichever is earlier. Each such motion must be accompanied by a competent declaration affirming 22 that the movant has complied with the meet and confer requirements imposed in the preceding 23 paragraph. Failure by the Designating Party to make such a motion including the required 24 declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality 25 designation for each challenged designation. In addition, the Challenging Party may file a motion 26 challenging a confidentiality designation at any time if there is good cause for doing so, including a 27 challenge to the designation of a deposition transcript or any portions thereof. Any motion brought 28 1 pursuant to this provision must be accompanied by a competent declaration affirming that the 2 movant has complied with the meet and confer requirements imposed by the preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the Designating 4 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 5 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 6 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 7 to retain confidentiality as described above, all parties shall continue to afford the material in 8 question the level of protection to which it is entitled under the Producing Party’s designation until 9 the court rules on the challenge. 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 12 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 13 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 14 the categories of persons and under the conditions described in this Order. When the litigation has 15 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a location and in a 18 secure manner that ensures that access is limited to the persons authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 20 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 21 information or item designated “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 23 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 24 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 25 attached hereto as Exhibit A; 26 (b) the officers, directors, and employees (including House Counsel) of the Receiving 27 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 2 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 3 to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 6 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 9 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 10 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 11 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 12 bound by the court reporter and may not be disclosed to anyone except as permitted under this 13 Stipulated Protective Order. 14 (g) the author or recipient of a document containing the information or a custodian or 15 other person who otherwise possessed or knew the information. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 17 LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation that compels 19 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 20 must: 21 (a) promptly notify in writing the Designating Party. Such notification shall include a 22 copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 24 other litigation that some or all of the material covered by the subpoena or order is subject to this 25 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 27 Designating Party whose Protected Material may be affected. 28 If the Designating Party timely seeks a protective order, the Party served with the subpoena 1 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 2 before a determination by the court from which the subpoena or order issued, unless the Party has 3 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 4 expense of seeking protection in that court of its confidential material – and nothing in these 5 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 6 disobey a lawful directive from another court. 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 8 LITIGATION 9 (a) The terms of this Order are applicable to information produced by a Non-Party in 10 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 11 connection with this litigation is protected by the remedies and relief provided by this Order. 12 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 13 protections. 14 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 15 Party’s confidential information in its possession, and the Party is subject to an agreement with the 16 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 17 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 18 all of the information requested is subject to a confidentiality agreement with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 20 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 21 information requested; and 22 (3) make the information requested available for inspection by the Non-Party. 23 (c) If the Non-Party fails to object or seek a protective order from this court within 14 24 days of receiving the notice and accompanying information, the Receiving Party may produce the 25 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 26 seeks a protective order, the Receiving Party shall not produce any information in its possession or 27 control that is subject to the confidentiality agreement with the Non-Party before a determination by 28 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 1 seeking protection in this court of its Protected Material. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 4 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 5 the Receiving Party must immediately (a) notify in writing the Designating Party of the 6 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 7 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 8 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 11 MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain inadvertently 13 produced material is subject to a claim of privilege or other protection, the obligations of the 14 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 15 is not intended to modify whatever procedure may be established in an e-discovery order that 16 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 17 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 18 information covered by the attorney-client privilege or work product protection, the parties may 19 incorporate their agreement in the stipulated protective order submitted to the court. 20 12. MISCELLANEOUS 21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 22 seek its modification by the court in the future. 23 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 24 no Party waives any right it otherwise would have to object to disclosing or producing any 25 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 26 Party waives any right to object on any ground to use in evidence of any of the material covered by 27 this Protective Order. 28 12.3 Filing Protected Material. Without written permission from the Designating Party or 1 a court order secured after appropriate notice to all interested persons, a Party may not file in the 2 public record in this action any Protected Material. A Party that seeks to file under seal any 3 Protected Material must comply with Civil Local Rules 140 and 141. 4 13. FINAL DISPOSITION 5 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 6 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 7 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 8 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 9 the Protected Material is returned or destroyed, the Receiving Party must submit a written 10 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 11 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 12 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 13 abstracts, compilations, summaries or any other format reproducing or capturing any of the 14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 15 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 16 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 17 and expert work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective Order as set 19 forth in Section 4 (DURATION). 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print 4 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 6 for the Eastern District of California on [date] in the case of Juan Carlos Negrete v. 7 Amazon.com Services, LLC et al. Case No. 1:23-cv-00379-ADA-SAB. I agree to comply with 8 and to be bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in the 10 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 11 item that is subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 15 even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 /// 27 /// 28 /// 1 COURT ORDER ENTERING STIPULATED PROTECTIVE ORDER 2 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY 3 | ORDERED that: 4 1. The above stipulated protective order is ENTERED; 5 2. The provisions of the parties’ stipulation and this protective order shall remain in 6 effect until further order of the Court; 7 3. The parties are advised that pursuant to the Local Rules of the United States 8 District Court, Eastern District of California, any documents which are to be filed 9 under seal will require a written request which complies with Local Rule 141; 10 4. The party making a request to file documents under seal shall be required to show 11 either good cause or compelling reasons to seal the documents, depending on the 12 type of filing, Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 13 2009); Ctr. for Auto Safety v. Chrysler Grp... LLC, 809 F.3d 1092, 1101 (9th Cir. 14 2016); and 15 5. If a party’s request to file Protected Material under seal is denied by the Court, 16 then the previously filed material shall be immediately accepted by the court and 17 become information in the public record and the information will be deemed filed 18 as of the date that the request to file the Protected Information under seal was 19 made. 20 IT IS SO ORDERED. DAM Le 22 | Dated: _July 25, 2023 _ Of 33 UNITED STATES MAGISTRATE JUDGE
24 25 26 27 28
1A