Tiggs v. County of San Joaquin

• Court: District Court, E.D. California
• Decided: May 25, 2023
• Docket: 2:22-cv-02163
• Status: Unknown

Opinion

1||\PORTER SCOTT 2 A PROFESSIONAL CORPORATION Carl L. Fessenden, SBN 161494 3 || ctessenden@porterscott.com Suli A. Mastorakos, SBN 330383 4 || smastorakos@porterscott.com 350 University Ave., Suite 200 5 Sacramento, California 95825 TEL: 916.929.1481 6 || FAX: 916.927.3706 7 || Attorneys for Defendant g COUNTY OF SAN JOAQUIN Exempt from Filing Fees Pursuant to Government Code § 6103 Sanjay S. Schmidt (SBN 247475) 10 |} LAW OFFICE OF SANJAY SCHMIDT 1388 Sutter Street, Suite 810 11 San Francisco, CA 94109 12 || T: (415) 563-85-83 F: (415) 223-9717 13 ss@sanjayschmidtlaw.com ATTORNEY FOR PLAINTIFFS 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 || AISHA JAMILAH TIGGS, individually and No. 2:22-cv-2163 KJM DB as co-successor in interest to Decedent 18 |] MARCUS CRUMB, M.T.C., Jr., a minor, by STIPULATED PROTECTIVE ORDER 19 || and through his proposed guardian ad litem, AISHA JAMILAH TIGGS, individually and 20 co-successor in interest to Decedent MARCUS CRUMB, N.C., a minor by and 21 through his proposed guardian ad litem, 92 || SEQUOIA BROWN, individually and as co- successor in interest to Decedent MARCUS 23 |} CRUMB, MYKEAL CRUMB, individually and co-successor in interest to Decedent 24 || MARCUS CRUMB, SIMON McCORMICK, 25 || JR., individually and as co-successor in interest to Decedent MARCUS CRUMB, and 26 ||ROES 1-20, individually and co- 7 successors in interest to Decedent MARCUS CRUMB, 28 Plaintiffs,

STIPULATED PROTECTIVE ORDER

1 v. 2 COUNTY OF SAN JOAQUIN, a public 3 entity, San Joaquin County Sheriff’s Office employees DOES 1-30, individually, and 4 DOES 31-50, Jointly and Severally, 5 Defendants. 6 ___________________________________/ 7 8 1. PURPOSES AND LIMITATIONS 9 Disclosure and discovery activity in this action are likely to involve production of confidential, 10 proprietary, or private information for which special protection from public disclosure and from use for 11 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 12 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 13 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 14 discovery and that the protection it affords from public disclosure and use extends only to the limited 15 information or items that are entitled to confidential treatment under the applicable legal principles. The 16 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does 17 not entitle them to file confidential information under seal; Local Rule 141 sets forth the procedures that 18 must be followed and the standards that will be applied when a party seeks permission from the court to 19 file material under seal. 20 2. DEFINITIONS 21 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or 22 items under this Order. 23 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, 24 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 25 26(c). 26 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as 27 their support staff). 28 2.4 Designating Party: a Party or Non-Party that designates information or items that it 1 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or 3 manner in which it is generated, stored, or maintained (including, among other things, testimony, 4 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery 5 in this matter. 6 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the 7 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant 8 in this action. 9 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does 10 not include Outside Counsel of Record or any other outside counsel. 11 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity 12 not named as a Party to this action. 13 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but 14 are retained to represent or advise a party to this action and have appeared in this action on behalf of that 15 party or are affiliated with a law firm which has appeared on behalf of that party. 16 2.10 Party: any party to this action, including all of its officers, directors, employees, 17 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 18 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in 19 this action. 20 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., 21 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or 22 retrieving data in any form or medium) and their employees and subcontractors. 23 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 24 “CONFIDENTIAL.” 25 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing 26 Party. 27 3. SCOPE 28 The protections conferred by this Stipulation and Order cover not only Protected Material (as 1 defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 2 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections 4 conferred by this Stipulation and Order do not cover the following information: (a) any information that 5 is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain 6 after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, 7 including becoming part of the public record through trial or otherwise; and (b) any information known 8 to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from 9 a source who obtained the information lawfully and under no obligation of confidentiality to the 10 Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or 11 order. 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order 14 shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise 15 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this 16 action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all 17 appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any 18 motions or applications for extension of time pursuant to applicable law. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non- 21 Party that designates information or items for protection under this Order must take care to limit any such 22 designation to specific material that qualifies under the appropriate standards. The Designating Party must 23 designate for protection only those parts of material, documents, items, or oral or written communications 24 that qualify – so that other portions of the material, documents, items, or communications for which 25 protection is not warranted are not swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be 27 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or 28 retard the case development process or to impose unnecessary expenses and burdens on other parties) 1 expose the Designating Party to sanctions. 2 If it comes to a Designating Party’s attention that information or items that it designated for 3 protection do not qualify for protection, that Designating Party must promptly notify all other Parties that 4 it is withdrawing the mistaken designation. 5 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., 6 second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 7 Material that qualifies for protection under this Order must be clearly so designated before the material is 8 disclosed or produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic documents, but 11 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix 12 the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions 13 of the material on a page qualifies for protection, the Producing Party also must clearly identify the 14 protected portion(s) (e.g., by making appropriate markings in the margins). 15 A Party or Non-Party that makes original documents or materials available for inspection need not 16 designate them for protection until after the inspecting Party has indicated which material it would like 17 copied and produced. During the inspection and before the designation, all of the material made available 18 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the 19 documents it wants copied and produced, the Producing Party must determine which documents, or 20 portions thereof, qualify for protection under this Order. Then, before producing the specified documents, 21 the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected 22 Material. If only a portion or portions of the material on a page qualifies for protection, the Producing 23 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 24 margins). 25 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 26 Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding, 27 all protected testimony. 28 (c) for information produced in some form other than documentary and for any other 1 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 2 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or 3 portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall 4 identify the protected portion(s). 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate 6 qualified information or items does not, standing alone, waive the Designating Party’s right to secure 7 protection under this Order for such material. Upon timely correction of a designation, the Receiving Party 8 must make reasonable efforts to assure that the material is treated in accordance with the provisions of 9 this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation 13 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant 14 disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality 15 designation by electing not to mount a challenge promptly after the original designation is disclosed. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by 17 providing written notice of each designation it is challenging and describing the basis for each challenge. 18 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the 19 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective 20 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by 21 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 22 14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its 23 belief that the confidentiality designation was not proper and must give the Designating Party an 24 opportunity to review the designated material, to reconsider the circumstances, and, if no change in 25 designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed 26 to the next stage of the challenge process only if it has engaged in this meet and confer process first or 27 establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely 28 manner. 1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, 2 the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 230 3 (and in compliance with Local Rule 141, if applicable) within 21 days of the initial notice of challenge or 4 within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, 5 whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that 6 the movant has complied with the meet and confer requirements imposed in the preceding paragraph. 7 Failure by the Designating Party to make such a motion including the required declaration within 21 days 8 (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged 9 designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation 10 at any time if there is good cause for doing so, including a challenge to the designation of a deposition 11 transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied 12 by a competent declaration affirming that the movant has complied with the meet and confer requirements 13 imposed by the preceding paragraph. 14 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 15 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary 16 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 17 Designating Party has waived the confidentiality designation by failing to file a motion to retain 18 confidentiality as described above, all parties shall continue to afford the material in question the level of 19 protection to which it is entitled under the Producing Party’s designation until the court rules on the 20 challenge. 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 23 produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, 24 or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of 25 persons and under the conditions described in this Order. When the litigation has been terminated, a 26 Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 27 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure 28 manner that ensures that access is limited to the persons authorized under this Order. 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the 2 court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or 3 item designated “CONFIDENTIAL” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 5 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this 6 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto 7 as Exhibit A; 8 (b) the officers, directors, and employees (including House Counsel) of the Receiving 9 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 12 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be 13 Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 16 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed 17 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 19 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 20 otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition 21 testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court 22 reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order. 23 (g) the author or recipient of a document containing the information or a custodian or other 24 person who otherwise possessed or knew the information. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 26 LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation that compels 28 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must: 1 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 2 of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 4 other litigation that some or all of the material covered by the subpoena or order is subject to this Protective 5 Order. Such notification shall include a copy of this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 9 court order shall not produce any information designated in this action as “CONFIDENTIAL” before a 10 determination by the court from which the subpoena or order issued, unless the Party has obtained the 11 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking 12 protection in that court of its confidential material – and nothing in these provisions should be construed 13 as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another 14 court. 15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 16 LITIGATION 17 (a) The terms of this Order are applicable to information produced by a Non-Party in this 18 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection 19 with this litigation is protected by the remedies and relief provided by this Order. Nothing in these 20 provisions should be construed as prohibiting a Non-Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 22 Party’s confidential information in its possession, and the Party is subject to an agreement with the Non- 23 Party not to produce the Non-Party’s confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party that some 25 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 27 in this litigation, the relevant discovery request(s), and a reasonably specific description of the information 28 requested; and 1 (3) make the information requested available for inspection by the Non-Party. 2 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 3 of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s 4 confidential information responsive to the discovery request. If the Non-Party timely seeks a protective 5 order, the Receiving Party shall not produce any information in its possession or control that is subject to 6 the confidentiality agreement with the Non-Party before a determination by the court. Absent a court 7 order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court 8 of its Protected Material. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material 11 to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving 12 Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) 13 use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 14 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such 15 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 16 as Exhibit A. 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 18 MATERIAL 19 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 20 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are 21 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 22 whatever procedure may be established in an e-discovery order that provides for production without prior 23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 24 agreement on the effect of disclosure of a communication or information covered by the attorney-client 25 privilege or work product protection, the parties may incorporate their agreement in the stipulated 26 protective order submitted to the court. 27 12. MISCELLANEOUS 28 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its 1 modification by the court in the future. 2 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no 3 Party waives any right it otherwise would have to object to disclosing or producing any information or 4 item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right 5 to object on any ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. Without written permission from the Designating Party or a court 7 order secured after appropriate notice to all interested persons, a Party may not file in the public record in 8 this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply 9 with Local Rule 141. Protected Material may only be filed under seal pursuant to a court order authorizing 10 the sealing of the specific Protected Material at issue. Pursuant to Local Rule 141, a sealing order will 11 issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a 12 trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file 13 Protected Material under seal pursuant to Local Rule 141(b) is denied by the court, then the Receiving 14 Party may file the information in the public record pursuant to Local Rule 141(e) unless otherwise 15 instructed by the court. 16 13. FINAL DISPOSITION 17 Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving 18 Party must return all Protected Material to the Producing Party or destroy such material. As used in this 19 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other 20 format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned 21 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not 22 the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 23 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the 24 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format 25 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are 26 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 27 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, 28 and consultant and expert work product, even if such materials contain Protected Material. Any such 1 archival copies that contain or constitute Protected Material remain subject to this Protective Order as set 2 forth in Section 4 (DURATION). 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 Dated: May 24, 2023 PORTER SCOTT A PROFESSIONAL CORPORATION 6

7 By _/s/Carl L. Fessenden___________ 8 Carl L. Fessenden Suli A. Mastorakos 9 Attorneys for Defendants 10 11

12 Dated: May 24, 2023 LAW OFFICE OF SANJAY SCHMIDT

13 14 By /s/Sanjay S. Schmidt (Authorized on 05/23/23 ) Sanjay S. Schmidt 15 Attorneys for Plaintiffs 16 17 ORDER 18 19 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 20 IT IS FURTHER ORDERED THAT: 21 1. Requests to seal documents shall be made by motion before the same judge who will decide 22 the matter related to that request to seal. 23 2. The designation of documents (including transcripts of testimony) as confidential pursuant to 24 this order does not automatically entitle the parties to file such a document with the court under seal. 25 Parties are advised that any request to seal documents in this district is governed by Local Rule 141. In 26 brief, Local Rule 141 provides that documents may only be sealed by a written order of the court after a 27 specific request to seal has been made. L.R. 141(a). However, a mere request to seal is not enough under 28 the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set 1 forth the statutory or other authority for sealing, the requested duration, the identity, by name or category, 2 of persons to be permitted access to the document, and all relevant information.” L.R. 141(b). 3 3. A request to seal material must normally meet the high threshold of showing that “compelling 4 reasons” support secrecy; however, where the material is, at most, “tangentially related” to the merits of 5 a case, the request to seal may be granted on a showing of “good cause.” Ctr. for Auto Safety v. Chrysler 6 Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City and County of Honolulu, 447 7 F.3d 1172, 1178-80 (9th Cir. 2006). 8 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of certain 9 documents, at any court hearing or trial – such determinations will only be made by the court at the hearing 10 or trial, or upon an appropriate motion. 11 5. With respect to motions regarding any disputes concerning this protective order which the 12 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251. 13 Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on 14 15 shortened time. 16 6. The parties may not modify the terms of this Protective Order without the court’s approval. If 17 the parties agree to a potential modification, they shall submit a stipulation and proposed order for the 18 court’s consideration. 19 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the 20 terms of this Protective Order after the action is terminated. 21 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is hereby 22 DISAPPROVED. 23 DATED: May 24, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 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, Eastern District of 6 California, on [date] in the case of Tiggs v. County of San Joaquin, et al., Case No. 2:22-cv-02163-KJM- 7 DB. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 8 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in 9 the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item 10 that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with 11 the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court, Eastern District of 13 California, for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 14 enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as my 17 California agent for service of process in connection with this action or any proceedings related to 18 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

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