Shaheed v. County of San Joaquin ( 2021 )

1 || Gregory B. Thomas (SBN 239870) Adante D. Pointer (SBN 236229) E-mail: gthomas@bwslaw.com E-mail: apointer@lawyersftp.com 2 || Michael A. Slater (SBN 318899) Patrick M. Buelna (SBN 317043) E-mail: mslater@bwslaw.com E-mail: pbuelna@lawyersftp.com 3 || BURKE, WILLIAMS & SORENSEN, LLP POINTER & BUELNA, LLP 1901 Harrison Street, Suite 900 LAWYERS FOR THE PEOPLE 4 || Oakland, CA 94612-3501 1901 Harrison Street, Suite 140 Tel: 510.273.8780 Fax: 510.839.9104 Oakland, California 94612 5 Tel: (707) 805-7805 Attorneys for Defendant 6 || COUNTY OF SAN JOAQUIN Attorneys for Plaintiffs MELBA SHAHEED and HANEEF SHAHEED 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 || MELBA SHAHEED, individually and as No. 2:21-cv-01109 JAM DB co-successor-in-interest to EBIMOTOMI 12 || AREICE SUALLA; HANEEF SHAHEED, STIPULATED PROTECTIVE ORDER individually and as co-successor-in-interest 13 || to EBIMOTOMI AREKE SUALLA, 14 Plaintiffs, 15 || v. 16 || COUNTY OF SAN JOAQUIN, and DOES 1-50, inclusive, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 E, WILLIAMS & LLP OAK #4852-0843-1614 v1 STIPULATED PROTECTIVE ORDER - 2:21- ] This Stipulation for a Protective Order is entered into among counsel for all the parties to 2 || this case. 3} 1. PURPOSES AND LIMITATIONS 4 Disclosures and discovery in this action may involve confidential, proprietary, or private 5 || mformation for which protection from unnecessary disclosures and from use for purposes other 6 || than this litigation may be warranted. Accordingly, the parties stipulate and respectfully request the 7 || Court to enter the following Stipulated Protective Order. The parties acknowledge this Order does 8 || not confer blanket protections on all disclosures or responses to discovery and that the protection it 9 || affords from disclosure or use extends only to the information or items that are entitled to 10 || confidential treatment under the applicable legal principles. The parties also acknowledge that entry 11 || of this Order does not prevent a Producing Party from attempting to maintain confidentiality or 12 || other rights by either not producing, or redacting, information that is privileged, protected, or 13 || subject to privacy rights, and entry of this Order does not mean a Receiving Party cannot challenge 14 |} such non-production or redaction. The parties further acknowledge, as set forth below, that this 15 || Stipulated Protective Order does not entitle them to file confidential information under seal; Local 16 |} Rule 141 sets forth the procedures the parties must follow and the standards that will be applied 17 || when a party seeks permission from the court to file material under seal. 18 |] 2. DEFINITIONS 19 2.1 Authorized Third Party: Experts and professional jury or trial consultants, mock 20 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation. 21 2.2. Challenging Party: a Party or Non-Party that challenges the designation of 22 || information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items (also referred _to_as “Confidential 24 || Information”): information (regardless of how it is generated, stored or maintained) or tangible 25 || things that qualify for protection under Federal Rule of Civil Procedure 26(c) or other applicable 26 || privileges or protections. This includes without limitation medical and psychotherapeutic records; 27 || protected health information under the Health Insurance Portability and Accountability Act; peace 28 || officer personnel records as defined by California Penal Code sections 832.8, 832.5, and 832.7 and E, WILLIAMS & DED OAK #4852-0843-1614 v1 -2- STIPULATED PROTECTIVE ORDER - 2 21 1 || case law; and other confidential records designated as such. However, this information does not 2 || mclude information that would otherwise be deemed not confidential and subject to a public records 3 || request under California Penal Code Sections 832.7(b)(1)(A)(i1) or (b)(2). 4 2.4 Counsel: attorneys who are retained or employed to represent or advise a party(ies) 5 || to this action. 6 2.5 Designating Party: a Party or Non-Party that designates information or items that it 7 || produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 8 2.6 Disclosure _or Discovery Material: all items or information, regardless of the 9 || medium or manner in which it is generated, stored, or maintained (including, among other things, 10 || testimony, transcripts, and tangible things), that are produced or generated in disclosures or 11 || responses to discovery in this matter. 12 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 13 || the litigation who has been previously qualified as an expert in a court of law in the specific field 14 || of expertise for which he or she is being retained and who has been retained by a Party or its counsel 15 || to serve as an expert witness or as a consultant in this action. 16 2.8 Non-Party: any natural person or entity not named as a Party to this action. 17 2.9 Party (or Parties): any party to this action, including all of its officers, directors, 18 || employees, consultants, retained experts, and counsel (and their support staffs). 19 2.10 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 20 || Material in this action. 21 2.11 Professional Vendors: persons or entities that provide litigation support services 22 || (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 23 || storing, or retrieving data in any form or medium) and their employees and subcontractors. 24 2.12 Protected Material: any Disclosure or Discovery Material that is designated as either 25 || “CONFIDENTIAL.” (The term “CONFIDENTIAL” shall be synonymous with the term “Protected 26 || Material” for the purposes of this Stipulation and Protective Order.) 27 2.13 Receiving Party: a Party that receives Disclosure or Discovery Material from a 28 || Producing Party. E, WILLIAMS & DED OAK #4852-0843-1614 v1 -3- STIPULATED PROTECTIVE ORDER - 2 21 1 |} 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 || (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 4 || all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 || communications, or presentations by Parties or their Counsel that might reveal Protected Material. 6 || However, the protections conferred by this Stipulation and Order do not cover the following 7 || «formation: (a) any information that is in the public domain at the time of disclosure to a Receiving 8 || Party or which becomes part of the public domain after its disclosure to a Receiving Party as a 9 || result of publication not involving a violation of this Order, including becoming part of the public 10 || record through trial or otherwise; and (b) any information known to the Receiving Party before the 11 || disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 12 || information lawfully and under no obligation of confidentiality to the Designating Party. This 13 || Stipulation and Order does not apply to any use of Protected Material at trial. 14 || 4. DURATION 15 Even after final disposition of this litigation, the confidentiality obligations imposed by this 16 |} Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 17 || otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 18 || defenses in this action, with or without prejudice; and (2) final judgment after the completion and 19 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time 20 || limits for filing any motions or applications for extension of time pursuant to applicable law. 21 || 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 23 || or Non-Party that designates information or items for protection under this Order must take care to 24 || limit any such designation to specific material that qualifies under the appropriate standards. The 25 || Designating Party must designate for protection only those parts of materials, documents, items, or 26 || oral or written communications that qualify, so that other portions of the materials, documents, 27 || items, or communications for which protection is not warranted are not swept unjustifiably within 28 || the ambit of this Order. E, WILLIAMS & DED OAK #4852-0843-1614 v1 -4- STIPULATED PROTECTIVE ORDER - 2 21 eee SS EI EE SII SII ESO NE ] By designating any information or items as Protected Material, the Designating Party and 2 || its counsel represents, in good faith, that such designation is appropriate to maintain the confidential 3 || nature of the information based on a reasonable belief of confidentiality. Mass, indiscriminate, or 4 || routinized designations of materials, documents, items, or communications that do not qualify as 5 || confidential or protected are prohibited. Designations that are shown to be clearly unjustified or 6 || that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case 7 || development process or to impose unnecessary expenses and burdens on other parties) may expose 8 || the Designating Party to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it designated for 10 || protection do not qualify for protection, that Designating Party must promptly notify all other 11 || Parties that it is withdrawing the mistaken designation. 12 5.2. Manner and Timing of Designations. Except as otherwise provided in this Order, or 13 || as otherwise stipulated or ordered, a Designating Party must clearly designate Disclosure or 14 |] Discovery Material that qualifies for protection under this Order before disclosing or producing the 15 || material. Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic documents, but 17 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 18 || affix the legend “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 19 || or portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 || identify the protected portion(s) (e.g., by making appropriate markings in the margins). 21 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 22 || the Designating Party identify on the record, before the close of the deposition, hearing, or other 23 || proceeding, all testimony that is Protected Material. 24 (c) for mformation produced in some form other than documentary and for any 25 || other tangible items, that the Producing Party affix in a prominent place on the exterior of the 26 || container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 27 || If only a portion or portions of the information or item warrant protection, the Producing Party, to 28 || the extent practicable, shall identify the protected portion(s). LLP OAK #4852-0843-1614 v1 -5- STIPULATED PROTECTIVE ORDER - 2 21 ] 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 2 || designate qualified information or items does not, standing alone, waive the Designating Party’s 3 || right to secure protection under this Order for such material. Upon timely correction of a 4 || designation, the Receiving Party must make reasonable efforts to assure that the material is treated 5 || 1 accordance with the provisions of this Order. 6 5.4 Alteration of Confidentiality Stamp. A Receiving Party shall not alter, edit, or 7 || modify any Protected Material so as to conceal, obscure, or remove a “CONFIDENTIAL” stamp 8 || or legend thereon; nor shall a Receiving Party take any other action so as to make it appear that 9 || Protected Material is not subject to the terms and provisions of this Stipulation and Order. However, 10 |} nothing in this section shall be construed as to prevent a Receiving Party from challenging a 11 || confidentiality designation subject to the provisions of Section 6, below. 12 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party may challenge a designation of Protected Material 14 || at any time. Unless a prompt challenge to a Designating Party’s designation of Protected Material 15 || is necessary to avoid foreseeable, substantial unfairness; unnecessary economic burdens; or a 16 || significant disruption or delay of the litigation; a Party does not waive its right to challenge a 17 || designation of Protected Material by electing not to challenge a designation promptly after a 18 || Designating Party designates material as Protected Material. 19 6.2 Meet Confer. The Challenging Party shall initiate the dispute resolution process 20 || by providing written notice (which may be by email) of each designation it is challenging and 21 || describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been 22 || made, the written notice must recite that the challenge to the Protected Material is being made in 23 || accordance with this specific paragraph of this Protective Order. The parties shall attempt to resolve 24 || each challenge in good faith and must begin the process by conferring directly (in voice to voice 25 || dialogue; other forms of communication are not sufficient) within 14 days of the date of the 26 || transmission of the written notice. In conferring, the Challenging Party must explain the basis for 27 || its belief that the designation of Protected Material was not proper and must give the Designating 28 || Party an opportunity to review the designated material, to reconsider the circumstances, and, if no LLP OAK #4852-0843-1614 v1 -6- STIPULATED PROTECTIVE ORDER - 2 21 1 || change in designation is offered, to explain the basis for the chosen designation. A Challenging 2 || Party may proceed to the next stage of the challenge process only if it has engaged in this meet and 3 || confer process first or establishes that the Designating Party is unwilling to participate in the meet 4 || and confer process within 14 days of the date of transmission of the written notice. 5 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 6 || intervention, any Party or Non-Party may seek relief from the Court, either by motion pursuant to 7 || Rules 230 and 251 of the Eastern District Local Rules or in accordance with the informal telephonic 8 || conference procedure Magistrate Judge Deborah Barnes offers. 9 || Frivolous challenges or refusals to change a designation of Protected Material, and those made for 10 || an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 11 || may expose the offending Party to sanctions. All Parties shall continue to afford the material in 12 || question the level of protection to which it is entitled under the Producing Party’s designation until 13 || either (i) the Designating Party(ies) and Challenging Party(ies) expressly agree in writing to the 14 || contrary or (11) the Court rules in favor of the challenge. The burden of persuasion in any challenge 15 || proceeding shall be on the Designating Party, regardless of whether the Designating Party is the 16 || moving party or whether such Party sought or opposes judicial intervention. 17 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 19 || produced by a Party or Non-Party in connection with this case only for purposes of this lawsuit 20 || (including any appeals). Such Protected Material may be disclosed only to the categories of persons 21 || and under the conditions described in this Order. When the litigation has been terminated, a 22 || Receiving Party must comply with the provisions of section 16 below. Protected Material must be 23 || stored and maintained by a Receiving Party at a location and in a secure manner that ensures that 24 || access is limited to the persons authorized under this Order. See Section 15, below. A Receiving 25 || Party may not use Protected Material for any purpose outside of this litigation. 26 7.2 Disclosure of CONFIDENTIAL INFORMATION. Unless otherwise ordered by the 27 || Court or expressly permitted in writing by the Designating Party, Protected Material produced 28 || pursuant to this Order and marked as CONFIDENTIAL INFORMATION may be disclosed only E, WILLIAMS & DED OAK #4852-0843-1614 v1 -7- STIPULATED PROTECTIVE ORDER - 2 21 1 || to the following persons: 2 (a) Counsel for the Parties and employees of Counsel for the Parties and their co- 3 || counsel, including attorneys, support staff, legal assistants, paralegals, investigators and clerical 4 || staff who are engaged in assisting in this action; 5 (b) Parties and their employees; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 7 || reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 8 || to Be Bound” (Exhibit A) (also referred to as a “Third Party Confirmation”); 9 (d) Professional jury or trial consultants, mock jurors, and Professional Vendors to 10 |} whom disclosure is reasonably necessary for this litigation and who have signed the 11 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (e) The Court and its personnel (but only in accordance with paragraph 13.3, 13 || below); 14 (f) Court or shorthand reporters, deposition videographers, and their staff; 15 (g) During their depositions, Non-Party witnesses in the action. A Party wishing to 16 || use Protected Material during the deposition of a Non-Party witness shall consult with the 17 || Designating Party, and, if the Designating Party so requests, shall require the witness to sign the 18 || “Acknowledgment and Agreement to Be Bound” (Exhibit A) before the Party may show or present 19 || the Non-Party witness with any Protected Material. At the request of the Designating Party, any 20 || exhibit containing Protected Material and any pages containing transcribed deposition testimony 21 || that reveals Protected Material may be separately bound by the court reporter and may not be 22 || disclosed to anyone except as permitted under this Stipulated Protective Order. 23 (h) The author or recipient of a document containing the information or a custodian 24 || or other person who otherwise possessed or knew the information. 25 7.3 Depositions. As a condition to a party’s ability to (a) mark as an exhibit in deposition 26 || any Protected Material or (b) designate any question or answer at deposition as Protected Material, 27 || counsel shall do all of the following at or before the time the court reporter receives such Protected 28 || Material: LLP OAK #4852-0843-1614 v1 -8- STIPULATED PROTECTIVE ORDER - 2 21 ] (a) The Party (or counsel) marking the exhibit or designating the question or 2 || answer as Protected Material shall direct the court reporter to place such Protected Material under 3 || seal. 4 (b) The Party (or counsel) marking the exhibit or designating the question or 5 || answer as Protected Material shall give a copy of this Protective Order and the Third Party 6 || Confirmation to the court reporter and obtain and provide to all other counsel the signature of the 7 || court reporter on the Third Party Confirmation. 8 | 8. MARKING OF DEPOSITION TRANSCRIPTS 9 Deposition transcript pages containing Protected Material must be separately bound by the 10 || court reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” as 11 |] instructed by the Party offering or sponsoring the witness or presenting the testimony. The Parties 12 || may modify this procedure for any particular deposition or proceeding by express oral stipulation 13 || on the record of the deposition or expressly in writing without further order of the Court, in either 14 || case making express reference to this paragraph 8. 15 |] 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 16 OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation that compels 18 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 19 || must: 20 (a) promptly notify in writing the Designating Party and Counsel of Record for all 21 || other Parties. Such notification shall include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to issue 23 || in the other litigation that some or all of the material covered by the subpoena or order is subject to 24 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 26 || Designating Party whose Protected Material may be affected; notwithstanding the foregoing, 27 || however, a Party served with a subpoena or court order issued in other litigation that compels 28 || disclosure of information or items designated in this action as “CONFIDENTIAL” may comply E, WILLIAMS & DED OAK #4852-0843-1614 v1 -9- STIPULATED PROTECTIVE ORDER - 2 21 1 || with it unless the Designating Party timely seeks a protective order. 2 If the Designating Party timely seeks a protective order, the Party served with the subpoena 3 || or court order shall not produce any information designated in this action as “CONFIDENTIAL” 4 || before a determination on the application or motion for a protective order unless the Party has 5 || obtained the Designating Party’s written permission. The Designating Party shall bear the burden 6 || and expense of seeking protection of its Protected Material, and nothing in these provisions should 7 || be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful 8 || directive from another court. 9 | 10. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 10 THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a Non-Party in this 12 || action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 13 || connection with this litigation is protected by the provisions, procedures, remedies, and relief 14 || provided by this Order. Moreover, nothing in this Order prohibits a Party or Non-Party from 15 || seeking additional protections or modifications to the protective designation. 16 (b) Ifa Party is required, by a valid discovery request, to produce a Non-Party’s Protected 17 || Material in its possession, and the Party is subject to an agreement with the Non-Party not to 18 || produce the Non-Party’s Protected Material, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 20 || all of the information requested is subject to a Stipulated confidentiality agreement with a Non- 21 || Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 23 || in this litigation, the relevant discovery request(s), and a reasonably specific description of the 24 || information requested; and 25 (3) make the information requested available for inspection by the Non-Party. 26 (c) If the Non-Party fails to object or seek a protective order from this Court within 14 days 27 || of receiving the notice and accompanying information, the Receiving Party may produce the Non- 28 || Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks E, WILLIAMS & DED OAK #4852-0843-1614 v1 -10- STIPULATED PROTECTIVE ORDER - 2 21 1 || a protective order or other relief, the Receiving Party shall not produce any information in its 2 || possession or control that is subject to the confidentiality agreement with the Non-Party before a 3 || determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden 4 || and expense of seeking protection in this court of its Protected Material. 5 || 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 7 || Material to any person or in any circumstance not authorized in this Stipulated Protective Order, 8 || the Receiving Party must immediately (a) use its best efforts to retrieve all unauthorized copies of 9 || the Protected Material, (b) inform the person(s) to whom unauthorized disclosures were made of 10 || the terms of this Order and provide such person(s) a copy of this Order, and (c) request such 11 |] person(s) to sign the “Acknowledgment and Agreement to Be Bound” attached as Exhibit A. 12 | 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 Ifa Producing Party gives notice to a Receiving Party that material it inadvertently produced 15 |] is subject to a claim of privilege or other protection, the obligations of the Receiving Party are those 16 || set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 17 || whatever procedure may be established in an e-discovery order that provides for production without 18 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), to the extent the parties 19 |} reach an agreement on the effect of disclosure of a communication or information covered by the 20 || attorney client privilege or work product protection, the parties may incorporate their agreement in 21 || the stipulated protective order submitted to the court. 22 || 13. MISCELLANEOUS 23 13.1 Right to Further Relief. Nothing in this Protective Order shall prevent the Parties 24 || from seeking to amend or modify this Protective Order (but no amendment or modification is 25 || enforceable unless it is signed by each of the Parties, expressly stating it amends or modifies this 26 || Protective Order, and entered as an order), nor shall it prevent any Party from moving for 27 || amendment or modification of this Protective Order or other relief either during or after the 28 || conclusion of this lawsuit. E, WILLIAMS & DED OAK #4852-0843-1614 v1 -ll- STIPULATED PROTECTIVE ORDER - 2 21 ] 13.2 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 || formation or item on any ground. Similarly, no Party waives any right to object on any ground to 4 || use in evidence of any of the material covered by this Protective Order. 5 13.3. Use of Protected Material. A Receiving Party wishing to file or submit Protected 6 || Material to or with the Court, including without limitation in any proceeding in this case or on any 7 || appeal (such as, without limitation, in connection with a motion or trial) may not do so until it has 8 || obtained either express written consent of the Designating Party or an order of the Court under 9 || either Local Rule 141 or 141.1 or otherwise, but may do so by filing the Protected Material in 10 || camera. 11 13.4 Publication Dissemination of Protected Material. A Receiving Party shall not 12 || publish, release, leak, post, or disseminate Protected Material to any persons except those 13 || specifically delineated and authorized by this Stipulation and Order, nor shall a Receiving Party 14 || publish, release, leak, post, or disseminate Protected Material to any news media, member of the 15 || press, website, or public forum, except as permitted under Section 13.3. 16 13.5 Right to Use Own Material. Nothing in this Protective Order shall limit a Party’s 17 || right to use its own Protected Material as it deems appropriate. 18 13.6 Consent to Jurisdiction. Anyone who receives any Protected Material agrees to the 19 || jurisdiction of this Court for the purposes of any proceedings related to performance under, 20 || compliance with, or violation of, this Order. 21 13.7 Attorneys’ Fees and Costs. If there is a breach of this Protective Order, the prevailing 22 || party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing this 23 || Protective Order pursuant to Fed. R. Civ. P. 37. 24 || 14. MAINTENANCE OF WRITTEN RECORD 25 Counsel for each Party shall maintain, through the conclusion of this action, including any 26 || appeals, a written record of the date on which each Authorized Third Party was provided with any 27 || Confidential Information, a copy of this Protective Order, and each Third Party Confirmation. 28 || 15. SAFEKEEPING E, WILLIAMS & DED OAK #4852-0843-1614 v1 -12- STIPULATED PROTECTIVE ORDER - 2 21 ] Each Party and their counsel shall maintain the Protected Material in a folder or other 2 || container (whether in paper or electronic form) in a manner designed to preserve the confidential 3 || nature of it. The outside of such folder or container shall be conspicuously marked or titled 4 || “CONFIDENTIAL” and, if in paper form, shall have a copy of this protective order affixed to the 5 || outside of it in a manner designed to provide reasonable notice that the folder or container contains 6 || confidential records or information. 7 || 16. FINAL DISPOSITION 8 Within 30 days after the conclusion of this lawsuit and any appeals, as defined in paragraph 9 || 4, each Receiving Party shall, at the option of the Designating Party, which it shall designate 10 || expressly in writing, either return or destroy all Protected Material received from the Designating 11 || Party. Counsel shall promptly certify in writing to the return or destruction of all such information. 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 || As authorized on: October 12, 2021 POINTER & BUELNA, LLP 15 16 By: __/s/ Patrick M. Buelna Adante D. Pointer 17 Patrick M. Buelna Attorneys for Plaintiffs 18 MELBA SHAHEED and HANEEF SHAHEED 19 20 Dated: October 12, 2021 BURKE, WILLIAMS & SORENSEN, LLP 21 By:_4/Michael §. Slater Gregory B. Thomas 3 Michael A. Slater Attorneys for Defendant 4 SAN JOAQUIN COUNTY 25 26 27 28 E, WILLIAMS & STIPULATED PROTECTIVE ORDER - 2:21- DED OAK #4852-0843-1614 v1 -13- CV_N11N0.TAM 1 SIGNATURE ATTESTATION 9 Under Eastern District of California Civil Local Rule 131(e) (Fed. R. Civ. P. 7), I attest that 3 || obtained concurrence in the filing of this document from all of the above signatories. 4 5 By: 4/___ Michael A. Slater Michael A. Slater 6 7 ORDER 8 9 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 10 IT IS FURTHER ORDERED THAT: 11 1. Requests to seal documents shall be made by motion before the same judge who will 12 || decide the matter related to that request to seal. 13 2. The designation of documents (including transcripts of testimony) as confidential 14 || pursuant to this order does not automatically entitle the parties to file such a document with the 15 || court under seal. Parties are advised that any request to seal documents in this district is governed 16 || by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 17 || written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 18 || mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 19 || that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 20 || the requested duration, the identity, by name or category, of persons to be permitted access to the 21 || document, and all relevant information.” L.R. 141(b). 22 3. A request to seal material must normally meet the high threshold of showing that 23 || “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 24 || related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 25 || Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 26 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 27 |) M/// 28 |} //// LLP OAK #4852-0843-1614 v1 - 14- STIPULATED PROTECTIVE ORDER - 2 21 ] 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 2 || certain documents, at any court hearing or trial — such determinations will only be made by the 3 || court at the hearing or trial, or upon an appropriate motion. 4 5. With respect to motions regarding any disputes concerning this protective order which 5 || the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 6 || Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 7 || parte basis or on shortened time. 8 6. The parties may not modify the terms of this Protective Order without the court’s 9 || approval. Ifthe parties agree to a potential modification, they shall submit a stipulation and 10 || proposed order for the court’s consideration. 11 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 12 || of the terms of this Protective Order after the action is terminated. 13 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 14 || hereby DISAPPROVED. 15 || DATED: October 13, 2021 /s| DEBORAH BARNES 6 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 E, WILLIAMS & DED OAK #4852-0843-1614 v1 -15- STIPULATED PROTECTIVE ORDER - 2 21 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 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 for 6 || the Eastern District of California on [date] in the case of Melba Shaheed, et al. 7 || County of San Joaquin, et al., Case No. 2:21-cv-01109-JAM-DB, United States District Court, 8 || Eastern District of California. I agree to comply with and to be bound by all the terms of this 9 || Stipulated Protective Order, and I understand and acknowledge that failure to so comply could 10 || expose me to penalties, including without limitation sanctions and punishment in the nature of 11 || contempt. I solemnly promise that I will not disclose in any manner any information or item that is 12 || subject to this Stipulated Protective Order to any person or entity except in strict compliance with 13 || the provisions of the Stipulated Protective Order. If I am entering into this Acknowledgment and 14 || Agreement as an expert retained by a party to this case or its counsel, I represent I have specialized 15 || knowledge or experience in a matter pertinent to this lawsuit, I have been previously qualified as 16 || an expert in a court of law in the field of expertise for which I am being retained in this case, and | 17 || have been retained by a party to this case or its counsel to serve as an expert witness or as a 18 || consultant in this lawsuit. 19 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 20 || District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 21 || even if such enforcement proceedings occur after termination of this action. 22 Date: 23 City and State where sworn and signed: 24 Printed name: 25 26 Signature: 27 28 LLP OAK #4852-0843-1614 v1 - 16- STIPULATED PROTECTIVE ORDER - 2 21