White v. County of Sacramento ( 2023 )

1 Jonathan B. Paul (SBN 215884) Kristlenne C. Vicuna (SBN 329000) 2 RIVERA HEWITT PAUL LLP 11341 Gold Express Drive, Suite 160 3 Gold River, CA 95670 T: (916) 922-1200 4 F: (916) 922-1303 E: jpaul@rhplawyers.com 5 E: kvicuna@rhplawyers.com 6 Attorney for Defendants COUNTY OF SACRAMENTO, SACRAMENTO 7 COUNTY SHERIFF’S DEPARTMENT, and DAVID PANTOJA 8 9 IN THE UNITED STATES DISTRICT COURT 10 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 EUGENE WHITE, et al., No. 2:23-cv-1857 KJM DB 14 Plaintiffs, STIPULATED PROTECTIVE ORDER FOR CONFIDENTIAL DOCUMENTS 15 v. PURSUANT TO EASTERN DISTRICT CIVIL LOCAL RULE 141.1, AND ORDER 16 COUNTY OF SACRAMENTO, SACRAMENTO COUNTY SHERIFF’S 17 DEPARTMENT, DAVID PANTOJA, et al., 18 Defendants. 19 20 21 IT IS HEREBY STIPULATED AND AGREED between the parties, by and through their 22 undersigned counsel of record, that: 23 WHEREAS, to expedite discovery and permit discovery to proceed without the delay 24 occasioned by possible disputes regarding claims of confidentiality, the parties wish to produce 25 documents and things subject to the protective provisions set forth below; 26 WHEREAS, per Local Rule 141.1(c)(1) and (2), the parties anticipate that, given the nature 27 of the claims and defenses in this action, discovery will likely include personnel records, medical 1 of harm to Plaintiff Eugene White’s privacy rights, his spouse Nuria White, Defendant County of 2 Sacramento and Defendant Sacramento County Sheriff’s Department employees’ privacy rights, and 3 Defendant Deputy David Pantoja’s (a Sacramento County Sheriff’s Department employee) privacy 4 rights. 5 WHEREAS, per Local Rule 141.1(c)(3), the parties believe that the Terms and Conditions set 6 forth below should be entered by a court order, as opposed to a private agreement between or among 7 the parties, because the terms herein will pertain solely to the production and use of discovery in this 8 action and will provide the mechanisms by which the parties can expeditiously resolve confidentiality 9 and privilege related disputes; 10 WHEREAS, the parties hereby request that the Court enter a protective order consistent with 11 the terms of this Stipulated Protective Order ("Protective Order"); 12 WHEREAS, the parties’ disclosure of information in this action is made in reliance on the 13 provisions of this Protective Order permitting the parties to designate documents, deposition and other 14 testimony, information, and things as “CONFIDENTIAL” or “CONFIDENTIAL: ATTORNEYS’ 15 EYES ONLY” as defined below, and thereby protect such designated information from unauthorized 16 use or disclosure; 17 NOW, THEREFORE, the parties hereby agree to the Terms and Conditions set forth below: 18 1. PURPOSES AND LIMITATIONS 19 Disclosure and discovery activity in this action are likely to involve production of confidential, 20 proprietary, or private information for which special protection from public disclosure and from use 21 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties 22 hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 23 parties acknowledge that this Order does not confer blanket protections on all disclosures or responses 24 to discovery and that the protection it affords from public disclosure and use extends only to the 25 limited information or items that are entitled to confidential treatment under the applicable legal 26 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 27 Protective Order does not entitle them to file confidential information under seal; Eastern District 1 applied when a party seeks permission from the court to file material under seal. 2 2. DEFINITIONS 3 2.1 Action: The instant action: Eugene White v. County of Sacramento, et al. Case No. 4 2:23-cv-01857-KJM-DB. 5 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information 6 or items under this Order. 7 2.3 CONFIDENTIAL Information or Items: information (regardless of how it is 8 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 9 Civil Procedure 26(c), and for which public disclosure is likely to result in particularized harm and 10 violate privacy interests recognized by law. This information may include: 11 a. personnel file records of any peace officer; 12 For purposes of this stipulated protective order confidential personnel records of persons 13 employed by Sacramento County and Sacramento County Sheriff's Department, includes but is not 14 limited to, documents concerning, relating or referring to: background investigations, hiring, 15 appointment, termination, job performance and evaluations, awards, commendations, recognition of 16 all professional accomplishments, training, internal affairs investigative files, citizen complaints, 17 charges of misconduct, admonitions, and whether it resulted in discipline or retraining. 18 b. medical records; 19 c. social security numbers and similar sensitive identifying information (unless 20 redacted by order or by agreement of all parties). 21 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 22 extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to another 23 Party or Non-Party would create a substantial risk of serious harm (such as harassment and violation 24 of Defendant David Pantoja’s Civil Harassment Restraining Order) that could not be avoided by less 25 restrictive means. 26 2.5 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 27 as their support staff). 1 2.6 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 3 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” 4 2.7 Disclosure or Discovery Material: all items or information, regardless of the medium 5 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 6 transcripts, and tangible things), that are produced or generated in disclosures or responses to 7 discovery in this matter. 8 2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to the 9 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 10 consultant in this Action. 11 2.9 House Counsel: attorneys who are employees of a party to this action. House Counsel 12 does not include Outside Counsel of Record or any other outside counsel. 13 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal 14 entity not named as a Party to this action. 15 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this Action 16 but are retained to represent or advise a party to this action and have appeared in this Action on behalf 17 of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes 18 support staff. 19 2.12 Party: any party to this Action, including all of its officers, directors, employees, 20 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 21 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 22 in this action. 23 2.14 Professional Vendors: persons or entities that provide litigation support services (e.g., 24 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, 25 or retrieving data in any form or medium) and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is designated as 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected Material (as 5 defined above), but also (1) any information copied from Protected Material; (2) all copies, excerpts, 6 summaries, or compilations of Protected Material that reveal the source of the Protected Material or 7 that reveal specific information entitled to confidentiality as a matter of law; and (3) any testimony, 8 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by a separate agreement or order. 10 However, the protections conferred by this Stipulation and Order do not cover the following 11 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 12 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 13 publication not involving a violation of this Order, including becoming part of the public record 14 through trial or otherwise; (b) any information known to the Receiving Party prior to the disclosure 15 or obtained by the Receiving Party after the disclosure from a source who obtained the information 16 lawfully and under no obligation of confidentiality to the Designating Party; and (c) any information 17 where the Designating Party withdraws its CONFIDENTIAL and/or HIGHLY CONFIDENTIAL – 18 ATTORNEYS’ EYES ONLY designations. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations imposed by this 21 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 22 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 23 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 24 and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, including the 25 time limits for filing any motions or applications for extension of time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 1 any such designation to specific material that qualifies under the appropriate standards. The 2 Designating Party must designate for protection only those parts of material, documents, items, or 3 oral or written communications that qualify – so that other portions of the material, documents, items, 4 or communications for which protection is not warranted are not swept unjustifiably within the ambit 5 of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 7 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 8 encumber or stymie the case development process or to impose unnecessary expenses and burdens 9 on other parties) may expose the Designating Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it designated for 11 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 12 that it is withdrawing the mistaken designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 14 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 15 Discovery Material that qualifies for protection under this Order must be clearly so designated before 16 the material is disclosed or produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 19 transcripts of depositions), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” to each page 21 that contains protected material. If only a portion or portions of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 23 appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection need not 25 designate them for protection until after the inspecting Party has indicated which documents it would 26 like copied and produced. During the inspection and before the designation, all of the material made 27 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 1 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 2 specified documents, the Producing Party must affix the “CONFIDENTIAL”, or “HIGHLY 3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains Protected 4 Material. If only a portion or portions of the material on a page qualifies for protection, the Producing 5 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 6 margins). 7 (b) To the extent documents being produced under a “CONFIDENTIAL” or HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY legend contain personal information pertaining to 9 deputies (such as social security numbers, dates of birth, home addresses, or telephone numbers, 10 drivers’ license numbers, benefits information, or medical information) or the names and similar 11 personal information of the deputies’ family members, such information will be redacted in black 12 before production, even with the Protective Order. 13 For any documents containing third parties’ social security numbers, dates of birth, or drivers’ 14 license numbers, such information will also be redacted in black. 15 In the event that Plaintiff believes certain redacted material might have some relevancy 16 warranting disclosure, the parties agree to meet and confer on whether the information should be 17 disclosed (albeit subject to the protective order). If the parties cannot resolve such redaction issues, 18 then they will seek resolution of the matters by the Court. 19 (c) for testimony given in deposition or in other pretrial or trial proceedings, that the 20 Designating Party identify on the record, before the close of the deposition, hearing, or other 21 proceeding, all protected testimony; or after close of the deposition and once in receipt of the 22 deposition transcript, the Designating Party may make designations to the deposition transcript as 23 provided for in section 5.2(a) above and serving a copy of the marked deposition transcript on all 24 parties within 120 days of receipt of the deposition transcript. 25 (d) for information produced in some form other than documentary and for any other tangible 26 items, that the Producing Party affix in a prominent place on the exterior of the container or containers 27 in which the information is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 1 the Producing Party, to the extent practicable, shall identify the protected portion(s). 2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 3 designate qualified information or items does not, standing alone, waive the Designating Party’s right 4 to secure protection under this Order for such material. Upon timely correction of a designation, the 5 Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 6 the provisions of this Order. 7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 9 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 10 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 11 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 12 confidentiality designation by electing not to mount a challenge promptly after the original 13 designation is disclosed. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 15 by providing written notice of each designation it is challenging and describing the basis for each 16 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite 17 that the challenge to confidentiality is being made in accordance with this specific paragraph of the 18 Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the 19 process by conferring directly (in voice-to-voice dialogue; other forms of communication are not 20 sufficient) within 14 days of the date of service of notice. However, if the Challenging party has made 21 three or more attempts to schedule a meet and confer via email and/or has left voicemails but is 22 unsuccessful in reaching the other party, the documented efforts shall be sufficient to move on to the 23 next stage of the challenge process; the parties should continue attempts to meet and confer directly 24 while in the next stage of the challenge process if possible. 25 In conferring, the Challenging Party must explain the basis for its belief that the confidentiality 26 designation was not proper and must give the Designating Party an opportunity to review the 27 designated material, to reconsider the circumstances, and, if no change in designation is offered, to 1 the challenge process only if it has engaged in this meet and confer process first or establishes that 2 the Designating Party is unwilling to participate in the meet and confer process in a timely manner. 3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 4 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Eastern 5 District Civil Local Rule 251 (and in compliance with Civil Local Rule 141, if applicable) within 21 6 days of the parties agreeing, or one party stating, that the meet and confer process will not resolve 7 their dispute. Each such motion must be accompanied by a competent declaration affirming that the 8 movant has complied with the meet and confer requirements imposed in the preceding paragraph or 9 their efforts to comply with the meet and confer requirements. Failure by the Designating Party to 10 make such a motion, including the required declaration, within 21 days shall automatically waive the 11 confidentiality designation for each challenged designation. 12 In addition, the Challenging Party may file a motion challenging a confidentiality designation 13 at any time if there is good cause for doing so, including a challenge to the designation of a deposition 14 transcript or any portions thereof. Any motion brought pursuant to this provision must be 15 accompanied by a competent declaration affirming that the movant has complied with the meet and 16 confer requirements (or their efforts to comply) imposed by the preceding paragraph, 6.2. 17 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 18 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary 19 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 20 Designating Party has waived the confidentiality designation by failing to file a motion to retain 21 confidentiality as described above, all parties shall continue to afford the material in question the level 22 of protection to which it is entitled under the Producing Party’s designation until the court rules on 23 the challenge. 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 25 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 26 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 27 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the 1 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location and in a 4 secure manner that ensures that access is limited to the persons authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 6 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 7 information or item designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of 9 said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 10 this litigation (counsel and law firms appearing in this action are deemed to have agreed to be bound 11 by this Protective Order); 12 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party 13 to whom disclosure is reasonably necessary for this litigation and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably 16 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 17 (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 20 Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed 21 the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 22 (f) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom 23 disclosure is reasonably necessary provided: (1) the witness signs the “Acknowledgment and 24 Agreement to Be Bound” (Exhibit A); and (2) they will not be permitted to keep any confidential 25 information, or unless otherwise agreed by the Designating Party or ordered by the court. Pages of 26 transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be 27 separately bound by the court reporter and may not be disclosed to anyone except as permitted under 1 (g) the author or recipient of a document containing the information or a custodian or other 2 person who otherwise possessed or knew the information. 3 (h) any mediator or settlement officer, and their supporting personnel, mutually agreed upon 4 by any of the parties engaged in settlement discussions. 5 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 6 Information or Items. Records designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY may not be disclosed to Plaintiff EUGENE WHITE or the individually named law 8 enforcement officers. Unless otherwise ordered by the court or permitted in writing by the 9 Designating Party, a Receiving Party’s counsel may disclose any information or item designated 10 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of 12 said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 13 this Action; 14 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably 15 necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” 16 (Exhibit A); 17 (c) the court and its personnel; 18 (d) private court reporters and their staff to whom disclosure is reasonably necessary for this 19 Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (e) professional jury or trial consultants, mock jurors, and Professional Vendors to whom 21 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 22 Agreement to Be Bound” (Exhibit A); 23 (f) the author or recipient of a document containing the information or a custodian or other 24 person who otherwise possessed or knew the information; and 25 (g) any mediator or settlement officer, and their supporting personnel, mutually agreed upon 26 by any of the parties engaged in settlement discussions. 27 7.4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 1 emailed, texted or otherwise disclosed to any reporter, writer or employee of any trade publication, 2 newspaper, magazine or other media organization, including but not limited to radio, television, social 3 and electronic media sites such as X (formerly Twitter), Instagram, Facebook, LinkedIn, Snapchat, 4 WhatsApp, Reddit, Google, TikTok, or any other form of social media or internet blog. 5 7.5. No information shall lose its “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY” status because it was inadvertently or unintentionally disclosed to a 7 person not authorized to receive it under this Protective Order. In addition, any information that is 8 designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 9 and produced by the parties does not lose its confidential or highly confidential status due to any 10 inadvertent or unintentional disclosure. 11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 12 LITIGATION 13 If a Party is served with a subpoena or a court order issued in other litigation that compels 14 disclosure of any information or items designated in this Action as “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 17 of the subpoena or court order unless prohibited by law; 18 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other 19 litigation that some or all of the material covered by the subpoena or order is subject to this Protective 20 Order. Such notification shall include a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 22 Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with the subpoena 24 or court order shall not produce any information designated in this action as “CONFIDENTIAL” or 25 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” before a determination by the court 26 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s 27 permission, or unless otherwise required by the law or court order. The Designating Party shall bear 1 these provisions should be construed as authorizing or encouraging a Receiving Party in this Action 2 to disobey a lawful directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 4 LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non-Party in this 6 Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ 7 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is 8 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 9 construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s 11 confidential information in its possession, and the Party is subject to an agreement with the Non-Party 12 not to produce the Non-Party’s confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 14 all of the information requested is subject to a confidentiality agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 16 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 17 information requested; and 18 (3) make the information requested available for inspection by the Non-Party, if 19 requested. 20 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 21 of receiving the notice and accompanying information, the Receiving Party may produce the Non- 22 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a 23 protective order, the Receiving Party shall not produce any information in its possession or control 24 that is subject to the confidentiality agreement with the Non-Party before a determination by the court. 25 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking 26 protection in this court of its Protected Material. 27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 1 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 2 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 3 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 4 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 5 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 6 Bound” that is attached hereto as Exhibit A. 7 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 8 MATERIAL 9 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 10 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 11 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 12 modify whatever procedure may be established in an e-discovery order that provides for production 13 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 14 parties reach an agreement on the effect of disclosure of a communication or information covered by 15 the attorney-client privilege or work product protection, the parties may incorporate their agreement 16 in the stipulated protective order submitted to the court. 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 19 its modification by the Court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 21 no Party waives any right it otherwise would have to object to disclosing or producing any information 22 or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to 23 object on any ground to use in evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. Without written permission from the Designating Party or a 25 court order secured after appropriate notice to all interested persons, a Party may not file in the public 26 record in this action any Protected Material. A Party that seeks to file under seal any Protected 27 Material must comply with Eastern District Civil Local Rule 141. Protected Material may only be 1 issue. Pursuant to Eastern District Civil Local Rule 141, a sealing order will issue only upon a request 2 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 3 entitled to protection under the law. If a Receiving Party's request to file Protected Material under 4 seal pursuant to Eastern District Civil Local Rule 141(b) is denied by the court, then the Receiving 5 Party may file the information in the public record pursuant to Eastern District Civil Local Rule 6 141(e)(1) unless otherwise instructed by the court. 7 13. FINAL DISPOSITION 8 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 9 Receiving Party must return all Protected Material to the Producing Party. As used in this subdivision, 10 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format 11 reproducing or capturing any of the Protected Material. When the Protected Material is returned, the 12 Receiving Party must submit a written certification to the Producing Party (and, if not the same person 13 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where 14 appropriate) all the Protected Material that was returned and (2) affirms that the Receiving Party has 15 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. 17 IT IS SO STIPULATED, BY ALL PARTIES, THROUGH THEIR COUNSEL OF RECORD. 18 19 DATED: November 3, 2023. RIVERA HEWITT PAUL LLP 20 /s/Kristlenne C. Vicuna 21 ___________________________ JONATHAN B. PAUL 22 KRISTLENNE C. VICUNA 23 Attorneys for Defendants County of Sacramento, Sacramento County Sheriff’s 24 Department, and David Pantoja 25 26 27 1 DATED: November 3, 2023. SEVERO, PLC 2 /s/ Grenville Pridham (authorized on 11-3-2023) RAOUL J. SEVERO, Esq. 3 GRENVILLE PRIDHAM, Esq. 4 Attorneys for Plaintiff Eugene White 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 ________________________________________________________________________________ 6 _________________________________________ [print or type full address], declare under penalty 7 of perjury that I have read in its entirety, and understand the Protective Order that was issued by the 8 United States District Court for the Eastern District of California on _________________________, 9 2023 in the case of Eugene White v. County of Sacramento, et al. Case No. 2:23-cv-01857-KJM-DB. 10 I agree to comply with and to be bound by all the terms of this Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt and/or civil damages. 13 I solemnly promise that I will not disclose in any manner any information or item that is 14 subject to this Protective Order to any person or entity except in strict compliance with the provisions 15 of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 17 District of California for the purpose of enforcing the terms of this Protective Order, even if such 18 enforcement proceedings occur after termination of this action. I hereby appoint 19 ____________________________________________________ [print or type full name] of 20 ________________________________________________________________________________ 21 _____________________________________ [print or type full address and telephone number] as 22 my California agent for service of process in connection with this action or any proceedings related 23 to enforcement of this Protective Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _______________________________________________ 26 27 [SIGNATURE PAGE TO FOLLOW] 1 Printed name: _______________________________ 2 3 Signature: __________________________________ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 decide 5 the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential pursuant 7 to this order does not automatically entitle the parties to file such a document with the court under 8 seal. Parties are advised that any request to seal documents in this district is governed by Local Rule 9 141. In brief, Local Rule 141 provides that documents may only be sealed by a written order of the 10 court after a specific request to seal has been made. L.R. 141(a). However, a mere request to seal is 11 not enough under the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to 12 Seal Documents’ shall set forth the statutory or other authority for sealing, the requested duration, the 13 identity, by name or category, of persons to be permitted access to the document, and all relevant 14 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 and 19 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 certain 21 documents, at any court hearing or trial – such determinations will only be made by the court at the 22 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 approval. 2 If the parties agree to a potential modification, they shall submit a stipulation and proposed order for 3 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: November 9, 2023 /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