Payne v. Merced County Public Defender's Office

Opinion

1 LIVE OAK LAW OFFICE LLP Whitney, Thompson & Jeffcoach LLP Robyn Fass Wang (SBN 194006) Mandy L. Jeffcoach, #232313 2 Pilar R. Stillwater (SBN 260467) mjeffcoach@wtjlaw.com 1442A Walnut Street #229 Devon R. McTeer, #230539 3 Berkeley, California 94709 dmcteer@wtjlaw.com Telephone: 510.637.9349 970 W. Alluvial Ave. 4 robynfasswang@gmail.com Fresno, California 93711 pilarstillwater@gmail.com Telephone: (559) 753-2550 5 Facsimile: (559) 753-2560 Attorneys for Plaintiff 6 JACOB PAYNE Attorneys for THOMAS PFEIFF AND CINDY MORSE 7 Forrest W. Hansen, SBN 235432 8 Merced County Counsel Jenna M. Anderson, SBN 291467 9 Chief Deputy County Counsel 10 Mark T. Laluan, SBN 339479 Deputy County Counsel 11 2222 M Street Merced, CA 95340 12 Tel: (209) 385-7564 Fax: (209) 726-1337 13 Jenna.Anderson@countyofmerced.com 14 Mark.Laluan@countyofmerced.com Attorneys for Defendants COUNTY OF 15 MERCED, KATHLEEN CROOKHAM, DEIDRE F. KELSEY, JOHN PEDROZO, 16 and HUBERT WALSH JR.

17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 MERCED DIVISION 20 21 JACOB PAYNE, Case No. 1:22-cv-00157-BAM 22 Plaintiff, [PROPOSED] STIPULATED 23 PROTECTIVE ORDER v. 24 COUNTY OF MERCED, et al., 25 Defendants. 26

28 1 PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6 Order. The parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery and that the protection it affords from public disclosure and 8 use extends only to the limited information or items that are entitled to confidential treatment under 9 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 10 that this Stipulated Protective Order does not entitle them to file confidential information under 11 seal; Civil Local Rules 141 (sealing) and 140 (redaction) set forth the procedures that must be 12 followed and the standards that will be applied when a party seeks permission from the court to file 13 material under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19 Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 21 as their support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or items that it 23 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 24 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 25 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 26 transcripts, and tangible things), that are produced or generated in disclosures or responses to 27 discovery in this matter. 28 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 1 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 2 consultant in this action. 3 2.7 House Counsel: attorneys who are employees of a party to this action. House 4 Counsel does not include Outside Counsel of Record or any other outside counsel. 5 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 6 entity not named as a Party to this action. 7 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 8 but are retained to represent or advise a party to this action and have appeared in this action on 9 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 10 2.10 Party: any party to this action, including all of its officers, directors, employees, 11 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 12 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 13 Material in this action. 14 2.12 Professional Vendors: persons or entities that provide litigation support services 15 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 16 storing, or retrieving data in any form or medium) and their employees and subcontractors. 17 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 18 “CONFIDENTIAL.” 19 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 20 Producing Party. 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only Protected Material 23 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 24 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26 However, the protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 28 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 1 publication not involving a violation of this Order, including becoming part of the public record 2 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 3 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 4 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 5 Protected Material at trial shall be governed by a separate agreement or order. 6 4. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations imposed by this 8 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 9 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 10 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 11 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 12 time limits for filing any motions or applications for extension of time pursuant to applicable law. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 15 Non-Party that designates information or items for protection under this Order must take care to 16 limit any such designation to specific material that qualifies under the appropriate standards. The 17 Designating Party must designate for protection only those parts of material, documents, items, or 18 oral or written communications that qualify – so that other portions of the material, documents, 19 items, or communications for which protection is not warranted are not swept unjustifiably within 20 the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 22 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 23 encumber or retard the case development process or to impose unnecessary expenses and burdens 24 on other parties) expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it designated for 26 protection do not qualify for protection, that Designating Party must promptly notify all other 27 Parties that it is withdrawing the mistaken designation. 28 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 1 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 2 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 3 designated before the material is disclosed or produced. 4 Designation in conformity with this Order requires: 5 (a) For information in documentary form (e.g., paper or electronic documents, but 6 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 7 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 8 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 9 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 10 A Party or Non-Party that makes original documents or materials available for inspection need not 11 designate them for protection until after the inspecting Party has indicated which material it would 12 like copied and produced. During the inspection and before the designation, all of the material made 13 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 14 identified the documents it wants copied and produced, the Producing Party must determine which 15 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 16 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 17 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 19 appropriate markings in the margins). 20 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 21 Designating Party identify on the record, before the close of the deposition, hearing, or other 22 proceeding, all protected testimony. 23 (c) for information produced in some form other than documentary and for any other 24 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 25 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 26 portion or portions of the information or item warrant protection, the Producing Party, to the extent 27 practicable, shall identify the protected portion(s). 28 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 1 designate qualified information or items does not, standing alone, waive the Designating Party’s 2 right to secure protection under this Order for such material. Upon timely correction of a 3 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 4 in accordance with the provisions of this Order. 5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 7 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 8 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 9 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 10 challenge a confidentiality designation by electing not to mount a challenge promptly after the 11 original designation is disclosed. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 13 by providing written notice of each designation it is challenging and describing the basis for each 14 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 15 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 16 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 17 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 18 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 19 Party must explain the basis for its belief that the confidentiality designation was not proper and 20 must give the Designating Party an opportunity to review the designated material, to reconsider the 21 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 22 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 23 has engaged in this meet and confer process first or establishes that the Designating Party is 24 unwilling to participate in the meet and confer process in a timely manner. 25 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 26 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 27 Local Rules 130-135 (and in compliance with Local Rules 141 (sealing) and 140 (redaction)if 28 applicable) within 21 days of the initial notice of challenge or within 14 days of the parties agreeing 1 that the meet and confer process will not resolve their dispute, whichever is earlier. Each such 2 motion must be accompanied by a competent declaration affirming that the movant has complied 3 with the meet and confer requirements imposed in the preceding paragraph. Failure by the 4 Designating Party to make such a motion including the required declaration within 21 days (or 14 5 days, if applicable) shall automatically waive the confidentiality designation for each challenged 6 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 7 designation at any time if there is good cause for doing so, including a challenge to the designation 8 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision 9 must be accompanied by a competent declaration affirming that the movant has complied with the 10 meet and confer requirements imposed by the preceding paragraph. 11 The burden of persuasion in any such challenge proceeding shall be on the Designating 12 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 13 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 14 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 15 to retain confidentiality as described above, all parties shall continue to afford the material in 16 question the level of protection to which it is entitled under the Producing Party’s designation until 17 the court rules on the challenge. 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 20 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 21 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 22 the categories of persons and under the conditions described in this Order. When the litigation has 23 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 24 DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a location and in a 26 secure manner that ensures that access is limited to the persons authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 28 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 1 information or item designated “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 3 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 4 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 5 attached hereto as Exhibit A; 6 (b) the officers, directors, and employees (including House Counsel) of the Receiving 7 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 10 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 11 to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 14 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 17 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 18 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 20 bound by the court reporter and may not be disclosed to anyone except as permitted under this 21 Stipulated Protective Order. 22 (g) the author or recipient of a document containing the information or a custodian or 23 other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 24 LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation that compels 26 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 27 must: 28 (a) promptly notify in writing the Designating Party. Such notification shall include a 1 copy of the subpoena or court order; 2 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 3 other litigation that some or all of the material covered by the subpoena or order is subject to this 4 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 6 Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with the subpoena 8 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 9 before a determination by the court from which the subpoena or order issued, unless the Party has 10 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 11 expense of seeking protection in that court of its confidential material – and nothing in these 12 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 13 disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 14 LITIGATION 15 (a) The terms of this Order are applicable to information produced by a Non-Party in this 16 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 17 connection with this litigation is protected by the remedies and relief provided by this Order. 18 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 19 protections. 20 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 21 Party’s confidential information in its possession, and the Party is subject to an agreement with the 22 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 24 all of the information requested is subject to a confidentiality agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 26 this litigation, the relevant discovery request(s), and a reasonably specific description of the 27 information requested; and 28 (3) make the information requested available for inspection by the Non-Party. 1 (c) If the Non-Party fails to object or seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party may produce the 3 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 4 seeks a protective order, the Receiving Party shall not produce any information in its possession or 5 control that is subject to the confidentiality agreement with the Non-Party before a determination by 6 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 7 seeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 10 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 11 the Receiving Party must immediately (a) notify in writing the Designating Party of the 12 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 13 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 14 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 15 Agreement to Be Bound” that is attached hereto as Exhibit A. 16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain inadvertently 18 produced material is subject to a claim of privilege or other protection, the obligations of the 19 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 20 is not intended to modify whatever procedure may be established in an e-discovery order that 21 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 22 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the parties may 24 incorporate their agreement in the stipulated protective order submitted to the court. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 27 seek its modification by the court in the future. 28 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 2 no Party waives any right it otherwise would have to object to disclosing or producing any 3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 4 Party waives any right to object on any ground to use in evidence of any of the material covered by 5 this Protective Order. 6 12.3 Filing Protected Material. Without written permission from the Designating Party or 7 a court order secured after appropriate notice to all interested persons, a Party may not file in the 8 public record in this action any Protected Material. A Party that seeks to file under seal any 9 Protected Material must comply with Civil Local Rules 141 (sealing) and 140 (redaction). Protected 10 Material may only be filed under seal pursuant to a court order authorizing the sealing of the 11 specific Protected Material at issue. Pursuant to Civil Local Rules 141 (sealing) and 140 (redaction), 12 a sealing order will issue only upon a request establishing that the Protected Material at issue is 13 privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a 14 Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rules 141 15 (sealing) and 140 (redaction) is denied by the court, then the Receiving Party may file the 16 information in the public record pursuant to Civil Local Rules 141 (sealing) and 140 (redaction) 17 unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 20 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 21 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 22 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 23 the Protected Material is returned or destroyed, the Receiving Party must submit a written 24 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 25 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 26 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries or any other format reproducing or capturing any of the 28 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 1 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 2 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 3 and expert work product, even if such materials contain Protected Material. Any such archival 4 copies that contain or constitute Protected Material remain subject to this Protective Order as set 5 forth in Section 4 (DURATION). 6 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 DATED: March 5, 2024 Respectfully submitted, 9 LIVE OAK LAW OFFICE LLP 10 By: Pilar R. Stillwater 11 Pilar R. Stillwater Attorney for Plaintiff 12 JACOB PAYNE

13 DATED: March 5, 2024 Forrest W. Hansen 14 Merced County Counsel 15 By: /s/ Jenna Anderson Jenna Anderson 16 Deputy County Counsel

17 Attorneys for Defendants County of Merced, 18 Kathleen Crookham, Deidre F. Kelsey, John Pedrozo, and Hubert Walsh, Jr. 19 DATED: March 5, 2024 WHITNEY, THOMPSON & JEFFCOACH LLP 20 By: /s/ Mandy L. Jeffcoach 21 Mandy L. Jeffcoach 22 Devon R. McTeer Attorneys for THOMAS PFEIFF AND CINDY 23 MORSE

24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Northern 6 District of California on [date] in the case of Jacob Payne v. County of Merced, et al., Case No. 7 1:22-cv-00157-BAM. I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could expose me to 9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 10 any manner any information or item that is subject to this Stipulated Protective Order to any person 11 or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 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] 17 as my California agent for service of process in connection with this action or any proceedings 18 related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28 1 ORDER 2 Having considered the parties’ stipulated protective order, and finding good cause, the 3 Court adopts the stipulated protective order (Doc. 84) with the following modification: 4 The stipulated protective order and Exhibit A have been amended to reflect the correct 5 case number for this action: 1:22-cv-00157-BAM. 6 The parties are advised that pursuant to the Local Rules of the United States District 7 Court, Eastern District of California, any documents subject to the protective order to be filed 8 under seal must be accompanied by a written request which complies with Local Rule 141 prior 9 to sealing. The party making a request to file documents under seal shall be required to show 10 good cause for documents attached to a non-dispositive motion or compelling reasons for 11 documents attached to a dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 12 677-78 (9th Cir. 2009). Within five (5) days of any approved document filed under seal, the 13 party shall file a redacted copy of the sealed document. The redactions shall be narrowly tailored 14 to protect only the information that is confidential or was deemed confidential. 15 Additionally, the parties shall consider resolving any dispute arising under the stipulated 16 protective order according to the Court’s informal discovery dispute procedure. 17 IT IS SO ORDERED. 18

19 Dated: March 6, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20

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