Gardenhire v. Experian Information Solutions, Inc. ( 2020 )

1 Abraham J. Colman (SBN 146933) Email: acolman@reedsmith.com 2 Zachary C. Frampton (SBN 303225) Email: zframpton@reedsmith.com 3 Bryan D. Trader (SBN 318133) Email: btrader@reedsmith.com 4 REED SMITH LLP 355 South Grand Avenue, Suite 2900 5 Los Angeles, CA 90071-1514 Telephone: +1 213 457 8000 6 Facsimile: +1 213 457 8080 7 Attorneys for Defendants BARCLAYS BANK DELAWARE 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 TERESA GARDENHIRE, No. 2:19-cv-00854 WBS DB 13 Plaintiff, STIPULATION AND ORDER GRANTING STIPULATION AND 14 vs. PROTECTIVE ORDER 15 EXPERIAN INFORMATION SOLUTIONS, INC.; 16 EQUIFAX INFORMATION SERVICES, LLC; 17 AVANT, LLC; BARCLAYS BANK DELAWARE; 18 CAPITAL ONE BANK (USA) N.A., 19 Defendant(s). 20 21 22 23 24 25 26 27 1 IT IS HEREBY STIPULATED by and between Plaintiff Teresa Gardenhire 2 and Defendant Barclays Bank Delaware, by and through their respective counsel of 3 record, that in order to facilitate the exchange of information and documents which may 4 be subject to confidentiality limitations on disclosure due to federal laws, state laws, 5 and privacy rights, the Parties stipulate as follows: 6 I. In this Stipulation and Protective Order, the words set forth below shall 7 have the following meanings: 8 A. “Court” means the Honorable Judge William B. Shubb and 9 Magistrate Judge Deborah Barnes, or any other judge to which this Proceeding may be 10 assigned, including Court staff participating in such proceedings. 11 B. “Confidential” means any Documents, Testimony, or Information 12 which is in the possession of a Designating Party who believes in good faith that such 13 Documents, Testimony, or Information is entitled to confidential treatment under 14 applicable law. 15 C. “Confidential Materials” means any Documents, Testimony or 16 Information as defined below designated as “Confidential” or “Highly Confidential - 17 Attorneys’ Eyes Only” pursuant to the provisions of this Stipulation and Protective 18 Order. 19 D. “Designating Party” means the Party or non-party that designates 20 Documents, Testimony, or Information, as defined below, as “Confidential” or “Highly 21 Confidential - Attorneys’ Eyes Only”. 22 E. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, 23 give, or make available Materials, or any part thereof, or any information contained 24 therein. 25 F. “Documents” means any: (1) written, electronic, recorded, or 26 graphic matter; (2) interrogatory answers filed in this action; (3) requests to admit and 27 responses thereto filed in this action; (4) transcripts of and exhibits to depositions; (5) 1 and any portions of any court papers filed in this action that quote from or summarize 2 any of these items. 3 G. “Highly Confidential - Attorneys’ Eyes Only” means any 4 Documents, Testimony, or Information which is in the possession of a Designating 5 Party who believes in good faith that such Documents, Testimony, or Information 6 constitute extremely sensitive “Confidential” information, the Disclosure of which to 7 another Party or Non-Party would create a substantial risk of serious harm that could 8 not be avoided by less restrictive means. 9 H. “Information” means the content of Documents or Testimony. 10 I. “Party” means a party to this Joint Stipulation and Protective Order, 11 Teresa Gardenhire and Barclays Bank Delaware, including all its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 J. “Proceeding” means the above-entitled proceeding, United States 15 District Court, Eastern District of California, Case No. 2:19-cv-00854-WBS-DB. 16 K. “Testimony” means all depositions, declarations or other testimony 17 taken or used in this Proceeding. 18 II. The Designating Party shall have the right to designate as “Confidential” 19 or “Highly Confidential - Attorneys’ Eyes Only” any Documents, Testimony or 20 Information that the Designating Party in good faith believes to contain non-public 21 information that is entitled to confidential treatment under applicable law. 22 III. The entry of this Stipulation and Protective Order does not alter, waive, 23 modify, or abridge any right, privilege or protection otherwise available to any Party 24 with respect to the discovery of matters, including but not limited to any Party’s right 25 to assert the attorney-client privilege, the attorney work product doctrine, or other 26 privileges, or any Party’s right to contest any such assertion. 27 1 IV. Any Documents, Testimony or Information to be designated as 2 “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” must be clearly so 3 designated before the Document, Testimony or Information is Disclosed or produced. 4 The parties may agree that the case name and number are to be part of the “Confidential” 5 or “Highly Confidential - Attorneys’ Eyes Only” designation. The “Confidential” 6 designation should not obscure or interfere with the legibility of the designated 7 Information. 8 A. For Documents (apart from transcripts of depositions or other 9 pretrial or trial proceedings), the Designating Party must affix the legend “Confidential” 10 or “Highly Confidential - Attorneys’ Eyes Only” on each page of any Document 11 containing such designated Confidential Material. 12 B. For deposition and hearing transcripts the Designating Party may 13 either: 14 1. Identify on the record, before the close of the deposition, all 15 “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” 16 Testimony, by specifying all portions of the Testimony that qualify as 17 “Confidential;” or “Highly Confidential - Attorneys’ Eyes Only”. 18 2. Designate the entirety of the Testimony at the deposition as 19 “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” (before 20 the deposition is concluded) with the right to identify more specific 21 portions of the Testimony as to which protection is sought within 30 days 22 following receipt of the deposition transcript. In circumstances where 23 portions of the deposition Testimony are designated for protection, the 24 transcript pages containing Confidential Materials may be separately 25 bound by the court reporter, who must affix to the top of each page the 26 legend “Confidential” or “Highly Confidential - Attorneys’ Eyes Only,” as 27 instructed by the Designating Party. 1 C. For responses to interrogatories, the Designating Party must specify 2 in the responses that the responses or specific parts thereof as designated as 3 “Confidential” or “Highly Confidential - Attorneys’ Eyes Only”. The Designating 4 Party must also affix the legend “Confidential” or “Highly Confidential - Attorneys’ 5 Eyes Only” on each page of the responses to interrogatories containing Confidential 6 Materials. 7 D. For Information produced in some form other than Documents, and 8 for any other tangible items, including, without limitation, compact discs or DVDs, the 9 Designating Party must affix in a prominent place on the exterior of the container or 10 containers in which the Information or item is stored the legend “Confidential” or 11 “Highly Confidential - Attorneys’ Eyes Only.” If only portions of the Information or 12 item warrant protection, the Designating Party, to the extent practicable, shall identify 13 the “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” portions. 14 V. The inadvertent production by any of the undersigned Parties or non- 15 Parties to the Proceedings of any Document, Testimony or Information during 16 discovery in this Proceeding without a “Confidential” or “Highly Confidential - 17 Attorneys’ Eyes Only” designation, shall be without prejudice to any claim that such 18 item is “Confidential” and such Party shall not be held to have waived any rights by 19 such inadvertent production. A Party shall not be held to have waived any rights by 20 such Inadvertent production, in the event that any Document, Testimony or Information 21 that is subject to a “Confidential” or “Highly Confidential - Attorneys’ Eyes Only”, is 22 produced by any Party without such label. In the event that any Document, Testimony 23 or Information that is subject to a “Confidential” or “Highly Confidential - Attorneys’ 24 Eyes Only” designation is inadvertently produced without such designation, the Party 25 that inadvertently produced the document may designate such Document, Testimony or 26 Information as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” by 27 providing written notice within twenty (20) days of discovery of the inadvertent 1 production, together with a further copy of the subject Document, Testimony or 2 Information designated as “Confidential” or “Highly Confidential - Attorneys’ Eyes 3 Only” (the “Inadvertent Production Notice”). In the event that this provision conflicts 4 with any applicable law regarding waiver of confidentiality through the inadvertent 5 production of Documents, Testimony or Information, such law shall govern. 6 VI. In the event that counsel for a Party receiving Documents, Testimony or 7 Information in discovery designated as “Confidential” or “Confidential - Attorneys’ 8 Eyes Only” objects to such designation with respect to any or all of such items, said 9 counsel shall advise counsel for the Designating Party, in writing, of such objections, 10 the specific Documents, Testimony or Information to which each objection pertains, 11 and the specific reasons and support for such objections (the “Designation Objections”). 12 Counsel for the Designating Party shall have thirty (30) days from receipt of the written 13 Designation Objections to either (a) agree in writing to de-designate Documents, 14 Testimony or Information pursuant to any or all of the Designation Objections and/or 15 (b) file a motion with the Court seeking to uphold any or all designations on Documents, 16 Testimony or Information addressed by the Designation Objections (the “Designation 17 Motion”). Pending a resolution of the Designation Motion by the Court, any and all 18 existing designations on the Documents, Testimony or Information at issue in such 19 Motion shall remain in place. The Designating Party shall have the burden on any 20 Designation Motion of establishing the applicability of its “Confidential” or 21 “Confidential - Attorneys’ Eyes Only” designation. In the event that the Designation 22 Objections are neither timely agreed to nor timely addressed in the Designation Motion, 23 then such Documents, Testimony or Information shall be de-designated in accordance 24 with the Designation Objection applicable to such material. 25 VII. Access to and/or Disclosure of Confidential Materials designated as 26 “Confidential” shall be permitted only to the following persons: 27 A. The Court; 1 B. (1) Attorneys of record in the Proceedings and their affiliated 2 attorneys, paralegals, clerical and secretarial staff employed by such attorneys who are 3 actively involved in the Proceedings and are not employees of any Party. (2) In-house 4 counsel to the undersigned Parties and the paralegal, clerical and secretarial staff 5 employed by such counsel. Provided, however, that each non-lawyer given access to 6 Confidential Materials shall be advised that such Materials are being Disclosed pursuant 7 to, and are subject to, the terms of this Stipulation and Protective Order and that they 8 may not be Disclosed other than pursuant to its terms; 9 C. Those officers, directors, partners, members, employees and agents 10 of all non-designating Parties that counsel for such Parties deems necessary to aid 11 counsel in the prosecution and defense of this Proceeding; provided, however, that the 12 Parties agree that such individual are bound by this Stipulation and Protective Order; 13 D. Court reporters in this Proceeding (whether at depositions, hearings, 14 or any other proceeding); 15 E. Any deposition, trial or hearing witness in the Proceeding who 16 previously has had access to the Confidential Materials, or who is currently or was 17 previously an officer, director, partner, member, employee or agent of an entity that has 18 had access to the Confidential Materials; 19 F. Any deposition or non-trial hearing witness in the Proceeding who 20 previously did not have access to the Confidential Materials; provided, however, that 21 each such witness given access to Confidential Materials shall be advised that such 22 Materials are being Disclosed pursuant to, and are subject to, the terms of this 23 Stipulation and Protective Order and that they may not be Disclosed other than pursuant 24 to its terms and the Party making the disclosure shall secure the signature of such person 25 on a statement in the form attached hereto as Exhibit A; 26 G. Mock jury participants, provided, however, that prior to the 27 Disclosure of Confidential Materials to any such mock jury participant, counsel for the 1 Party making the Disclosure shall deliver a copy of this Stipulation and Protective Order 2 to such person, shall explain that such person is bound to follow the terms of such Order, 3 and shall secure the signature of such person on a statement in the form attached hereto 4 as Exhibit A. 5 H. Outside experts or expert consultants consulted by the undersigned 6 Parties or their counsel in connection with the Proceeding, whether or not retained to 7 testify at any oral hearing; provided, however, that prior to the Disclosure of 8 Confidential Materials to any such expert or expert consultant, counsel for the Party 9 making the Disclosure shall deliver a copy of this Stipulation and Protective Order to 10 such person, shall explain its terms to such person, and shall secure the signature of 11 such person on a statement in the form attached hereto as Exhibit A. It shall be the 12 obligation of counsel, upon learning of any breach or threatened breach of this 13 Stipulation and Protective Order by any such expert or expert consultant, to promptly 14 notify counsel for the Designating Party of such breach or threatened breach; 15 I. Any other person that the Designating Party agrees to in writing. 16 J. Any person who was the author, recipient or copy recipient of a 17 document; 18 K. Any person whom the parties have agreed to use as a mediator in 19 this Proceeding; and 20 L. Any person designated by the Court in the interest of justice, upon 21 such terms as the Court may deem proper. 22 VIII. Access to and/or Disclosure of Confidential Materials designated as 23 “Highly Confidential - Attorneys’ Eyes Only” shall be permitted only to the following 24 persons: 25 (a) The Court; 26 (b) (1) Attorneys of record in the Proceedings for the Receiving Party 27 only (and their affiliated attorneys, paralegals, clerical and secretarial staff employed 1 by such attorneys who are actively involved in the Proceedings and are not employees 2 of any Party). Unless the Designating Party expressly provides in writing that another 3 Parties’ counsel of record may review materials designated as “Highly Confidential - 4 Attorneys’ Eyes Only”, the Receiving Party’s counsel shall not share any such 5 material with any other counsel of record. (2) In-house counsel for the Receiving 6 Party (and the paralegal, clerical and secretarial staff employed by such counsel) 7 responsible for the Proceeding. Each non-lawyer given access to Confidential 8 Materials shall be advised that such Materials are being Disclosed pursuant to, and are 9 subject to, the terms of this Stipulation and Protective Order and that they may not be 10 Disclosed other than pursuant to its terms; 11 (c) Outside experts or expert consultants consulted by the undersigned 12 Parties or their counsel in connection with the Proceeding, whether or not retained to 13 testify at any oral hearing; provided, however, that prior to the Disclosure of 14 Confidential Materials to any such expert or expert consultant, counsel for the Party 15 making the Disclosure shall deliver a copy of this Stipulation and Protective Order to 16 such person, shall explain its terms to such person, and shall secure the signature of 17 such person on a statement in the form attached hereto as Exhibit A. It shall be the 18 obligation of counsel, upon learning of any breach or threatened breach of this 19 Stipulation and Protective Order by any such expert or expert consultant, to promptly 20 notify counsel for the Designating Party of such breach or threatened breach; 21 (d) Any person designated by the Court in the interest of justice, upon 22 such terms as the Court may deem proper; and 23 (e) Court reporters in this Proceeding (whether at depositions, 24 hearings, or any other proceeding). 25 IX. Confidential Materials shall be used by the persons receiving them only 26 for the purposes of preparing for, conducting, participating in the conduct of, and/or 27 1 prosecuting and/or defending the Proceeding, and not for any business or other purpose 2 whatsoever. 3 X. Any Party to the Proceeding (or other person subject to the terms of this 4 Stipulation and Protective Order) may ask the Court, after appropriate notice to the other 5 Parties to the Proceeding, to modify or grant relief from any provision of this Stipulation 6 and Protective Order. 7 XI. Entering into, agreeing to, and/or complying with the terms of this 8 Stipulation and Protective Order shall not: 9 A. Operate as an admission by any person that any particular 10 Document, Testimony or Information marked “Confidential” or “Highly Confidential - 11 Attorneys’ Eyes Only” contains or reflects trade secrets, proprietary, confidential or 12 competitively sensitive business, commercial, financial or personal information; or 13 B. Prejudice in any way the right of any Party (or any other person 14 subject to the terms of this Stipulation and Protective Order) to seek a determination by 15 the Court of whether any particular Confidential Material should be subject to 16 protection as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” under the 17 terms of this Stipulation and Protective Order; or to seek relief from the Court on 18 appropriate notice to all other Parties to the Proceeding from any provision(s) of this 19 Stipulation and Protective Order, either generally or as to any particular Document, 20 Confidential Materials, or Information. 21 XII. Any current Party or new Party to the Proceeding who has not executed 22 this Stipulation and Protective Order as of the time it is presented to the Court for 23 signature may thereafter become a Party to this Stipulation and Protective Order by its 24 counsel’s signing and dating a copy of Exhibit A attached hereto, and filing the same 25 with the Court, and serving copies of such signed and dated copy upon the other Parties 26 to this Stipulation and Protective Order. 27 1 XIII. Any Information that may be produced by a non-Party witness in discovery 2 in the Proceeding pursuant to subpoena or otherwise may be designated by such non- 3 Party as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” under the 4 terms of this Stipulation and Protective Order, and any such designation by a non-Party 5 shall have the same force and effect, and create the same duties and obligations, as if 6 made by one of the undersigned Parties hereto. Any such designation shall also function 7 as a consent by such producing Party to the authority of the Court in the Proceeding to 8 resolve and conclusively determine any motion or other application made by any person 9 or Party with respect to such designation, or any other matter otherwise arising under 10 this Stipulation and Protective Order. 11 XIV. If any person subject to this Stipulation and Protective Order who has 12 custody of any Confidential Materials receives a subpoena or other process 13 (“Subpoena”) from any government or other person or entity demanding production of 14 Confidential Materials, the recipient of the Subpoena shall, within five (5) days, give 15 notice of the same by electronic mail transmission, followed by either express mail or 16 overnight delivery to counsel of record for the Designating Party, and shall furnish such 17 counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party 18 may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, 19 otherwise oppose production of the Confidential Materials, and/or seek to obtain 20 confidential treatment of such Confidential Materials from the subpoenaing person or 21 entity to the fullest extent available under law. The recipient of the Subpoena may not 22 produce any Documents, Testimony or Information pursuant to the Subpoena prior to 23 the date specified for production on the Subpoena. 24 XV. Nothing in this Stipulation and Protective Order shall be construed to 25 preclude either Party from asserting in good faith that certain Confidential Materials 26 require additional protection. The Parties shall meet and confer to agree upon the terms 27 of such additional protection. 1 XVI. If, after execution of this Stipulation and Protective Order, any 2 Confidential Materials submitted by a Designating Party under the terms of this 3 Stipulation and Protective Order is Disclosed by a non-Designating Party to any person 4 other than in the manner authorized by this Stipulation and Protective Order, the non- 5 Designating Party responsible for the Disclosure shall bring all pertinent facts relating 6 to the Disclosure of such Confidential Materials to the immediate attention of the 7 Designating Party. 8 XVII. A Party that seeks to file under seal any Protected Material must comply 9 with Local Civil Rule 141. Protected Material may only be filed under seal pursuant to 10 a court order authorizing the sealing of the specific Protected Material at issue. If a 11 Party’s request to file Protected Material under seal is denied by the court, then the 12 Receiving Party may file the information in the public record, unless otherwise 13 instructed by the court. 14 XVIII. The Parties shall meet and confer regarding the procedures for use 15 of Confidential Materials at trial and shall move the Court for entry of an appropriate 16 order. 17 XIX. Neither this Protective Order nor the Disclosure of Confidential Materials 18 shall be deemed a concession or determination of the relevance, materiality, or 19 admissibility of Confidential Materials governed by or Disclosed under this Protective 20 Order. Nothing in this Stipulation and Protective Order shall affect the admissibility 21 into evidence of Confidential Materials, or abridge the rights of any person to seek 22 judicial review or to pursue other appropriate judicial action with respect to any ruling 23 made by the Court concerning the issue of the status of Confidential Materials. 24 XX. This Stipulation and Protective Order shall continue to be binding after the 25 conclusion of this Proceeding and all subsequent proceedings arising from this 26 Proceeding, except that a Party may seek the written permission of the Designating 27 Party or may move the Court for relief from the provisions of this Stipulation and 1 Protective Order. To the extent permitted by law, the Court shall retain jurisdiction to 2 enforce, modify, or reconsider this Stipulation and Protective Order, even after the 3 Proceeding is terminated. 4 XXI. Upon written request made within thirty (30) days after the settlement or 5 other termination of the Proceeding, the undersigned Parties shall have thirty (30) days 6 to either (a) promptly return to counsel for each Designating Party all Confidential 7 Materials and all copies thereof (except that counsel for each Party may maintain in its 8 files, in continuing compliance with the terms of this Stipulation and Protective Order, 9 all work product, and one copy of each pleading filed with the Court) (b) agree with 10 counsel for the Designating Party upon appropriate methods and certification of 11 destruction or other disposition of such Confidential Materials, or (c) as to any 12 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and 13 (b), file a motion seeking a Court order regarding proper preservation of such Materials. 14 To the extent permitted by law the Court shall retain continuing jurisdiction to review 15 and rule upon the motion referred to in sub-paragraph (c) herein. 16 XXII. After this Stipulation and Protective Order has been signed by counsel for 17 all Parties, it shall be presented to the Court for entry. Counsel agree to be bound by 18 the terms set forth herein with regard to any Confidential Materials that have been 19 produced before the Court signs this Stipulation and Protective Order. 20 XXIII. The Parties and all signatories to the Certification attached hereto as 21 Exhibit A agree to be bound by this Stipulation and Protective Order pending its 22 approval and entry by the Court. In the event that the Court modifies this Stipulation 23 and Protective Order, or in the event that the Court enters a different Protective Order, 24 the Parties agree to be bound by this Stipulation and Protective Order until such time as 25 the Court may enter such a different Order. It is the Parties’ intent to be bound by the 26 terms of this Stipulation and Protective Order pending its entry so as to allow for 27 immediate production of Confidential Materials under the terms herein. 1 IT IS SO STIPULATED: 2 3 DATED: February 20, 2020 THE LAW OFFICES OF JONATHAN A. 4 STIEGLITZ 5 6 By: /s/ Jonathan A. Stieglitz1 Jonathan A. Stieglitz 7 Attorney for Plaintiff TERESA GARDENHIRE 8 9 DATED: February 20, 2020 10 REED SMITH LLP 11 12 By: /s/ Bryan D. Trader Zachary C. Frampton 13 Bryan D. Trader Attorneys for Defendant 14 BARCLAYS BANK DELAWARE 15 16 17 18 19 20 21 22 23 24 25 26 27 1 Pursuant to Eastern District Local Rule 131(e), filing counsel attests that all other signatories listed hereon and on whose behalf this filing is submitted concur in the 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _____________________________ [print or type full address], declare under penalty 5 of perjury that I have read in its entirety and understand the Stipulation and Protective 6 Order that was issued by the United States District Court for the Eastern District of 7 California on _________ in the case of Teresa Gardenhire v. Experian Information 8 Solutions, Inc., et al., United States District Court, Eastern District of California, Case 9 No. 2:19-cv-00854-WBS-DB. I agree to comply with and to be bound by all the 10 terms of this Stipulation and Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulation and Protective Order to any person or entity 14 except in strict compliance with the provisions of this Order. I further agree to submit 15 to the jurisdiction of the United States District Court for the Eastern District of 16 California for enforcing the terms of this Stipulation and Protective Order, even if 17 such enforcement proceedings occur after termination of this action. I hereby appoint 18 _____________________________ [print or type full name] of 19 _____________________________ [print or type full address and telephone number] 20 as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulation and Protective Order. 22 Date: _____________________________ 23 City and State where sworn and signed: _____________________________ 24 Printed name: _____________________________ 25 Signature: _____________________________ 26 27 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 pursuant to this order does not automatically entitle the parties to file such a document with the court 8 under seal. Parties are advised that any request to seal documents in this district is governed by 9 Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written 10 order of the court after a specific request to seal has been made. L.R. 141(a). However, a mere 11 request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that 12 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the 13 requested duration, the identity, by name or category, of persons to be permitted access to the 14 document, and all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially related” 17 to the merits of a case, the request to seal may be granted on a showing of “good cause.” Ctr. for 18 Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City 19 and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 21 certain documents, at any court hearing or trial – such determinations will only be made by the court 22 at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which the 24 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251. 25 Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on 26 shortened time. 27 //// 1 6. The parties may not modify the terms of this Protective Order without the court’s 2 approval. If the parties agree to a potential modification, they shall submit a stipulation and 3 proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of 5 the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 hereby DISAPPROVED. 8 DATED: February 24, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27