Carroll v. City of Stockton ( 2023 )

1 || JOHN L. BURRIS ESQ., SBN 69888 BEN NISENBAUM, ESQ., SBN 222173 2 || K. CHIKE ODIWE, ESQ., SBN 315109 BRANDON YEE, ESQ., SBN 344583 3 || BURRIS, NISENBAUM, CURRY AND LACY Airport Corporate Centre 4 || 7677 Oakport Street, Suite 1120 5 Oakland, California 94621 Telephone: (510) 839-5200 6 || Facsimile: (510) 839-3882 john.burris@johnburrislaw.com 7 || bnisenbaum@gmail.com g chike.odiwe@johnburrislaw.com brandon. yee@johnburrislaw.com ? Attorneys for Plaintiffs 10 KISANA CARROLL and T.R. M UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 KISANA CARROLL, an individual; and No. 2:23-cv-00194 DAD DB 15 ||T.R., a minor by GAL Kisana Carroll, STIPULATED PROTECTIVE ORDER 16 oe Plaintiffs, 17 vs. 18 19 ||CITY OF STOCKTON, a municipal corporation; and DOES 1-50, inclusive, 20 |\individually, jointly, and severally, 21 Defendants. 22 23 24 25 26 27 28 _l- STIPULATED PROTECTIVE ORDER 4.92_CV_NN1OA_DAD.DR 1 || 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 || confidential, proprietary, or private information for which special protection from public disclosure 4 || and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 || the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6 || Order. The parties acknowledge that this Order does not confer blanket protections on all 7 || disclosures or responses to discovery and that the protection it affords from public disclosure and 8 || use extends only to the limited information or items that are entitled to confidential treatment under 9 || the applicable legal principles. The parties further acknowledge, as set forth below, that this 10 || Stipulation and Order creates no entitlement to file confidential information under seal; and that 11 || Eastern District Local Rule 141 sets forth the procedures that must be followed and reflects the 12 || standards that will be applied when a party seeks permission from the court to file material under 13 || seal. 14 15 |] 2. DEFINITIONS 16 2.1 Party: any party to this action, including all of its officers, directors, employees, 17 || consultants, retained experts, house counsel and outside counsel (and their support staff). 18 2.2 Disclosure or Discovery Material: all items or information, regardless of the 19 |} medium or manner generated, stored or maintained (including, among other things, testimony, 20 || transcripts, or tangible things) that are produced or generated in disclosures or responses to 21 || discovery by any Party in this matter. 22 2.3 Confidential Information or Items: information (regardless of the medium or how 23 || generated, stored, or maintained) or tangible things that qualify for protection under standards 24 || developed under Federal Rule of Civil Procedure 26(c) and/or applicable federal privileges. This 25 || material includes, but is not limited to, medical and psychotherapeutic records; as well as peace 26 || officer personnel records as defined by California Penal Code sections 832.8, 832.5, 832.7 and the 27 || associated case law; and other similar confidential records designated as such. 28 _). STIPULATED PROTECTIVE ORDER ] 2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 || Producing Party, including a Party that has noticed or subpoenaed and is taking a deposition or 3 || comparable testimony. 4 2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery 5 || Material in this action, including a Party that is defending a deposition noticed or subpoenaed by 6 || another Party; additionally, for the limited purpose of designating testimony subject to this 7 || Stipulation and Order pursuant to section 6.2(b) (infra), a “Producing Party” shall also be construed 8 || to include a Party that is attending and/or participating in a non-party deposition 9 || noticed/subpoenaed by another Party. 10 2.6 Designating Party: a Party or non-party that designates information or items that it 11 || produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 12 2.7 Protected Material: any Disclosure or Discovery Material that is designated as 13 || “CONFIDENTIAL” under the provisions of this Stipulation and Protective Order. (The term 14 || “Confidential Document” shall be synonymous with the term “Protected Material” for the purposes 15 || of this Stipulation and Protective Order.) 16 2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained 17 || to represent or advise a Party in this action (as well as their support staffs). 18 2.9 House Counsel: attorneys who are employees of a Party (as well as their support 19 || staffs). 20 2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their 21 || support staffs). 22 2.11 Expert: a person with specialized knowledge or experience in a matter pertinent to 23 || the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 24 || consultant in this action and who ts not a past or a current employee of a Party and who, at the time 25 || of retention, is not anticipated to become an employee of a Party or a competitor of a Party’s; as 26 || well as any person retained, designated, or disclosed by a Party as an expert pursuant to Federal 27 || Rule of Civil Procedure 26(a)(2). 28 2.12 Professional Vendors: persons or entities that provide litigation support services _ STIPULATED PROTECTIVE ORDER 1 || (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 2 || storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 3 || 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected 5 || Material/Confidential Documents (as defined above), but also: (1) any information copied or 6 || extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 7 || Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that 8 || might reveal Protected Material. However, the protections conferred by this Stipulation and Order 9 || do not cover the following information: (a) any information that is in the public domain at the time 10 || of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a 11 || Receiving Party as a result of publication not mvolving a violation of this Order, including 12 || becoming part of the public record through trial or otherwise; and (b) any information known to 13 || the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure 14 || from a source who obtained the information lawfully and under no obligation of confidentiality to 15 || the Designating Party. Any use of Protected Material at trial shall not be governed by this Order, 16 || and may be governed by a separate agreement or order. 17 |] 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations imposed by this 19 |} Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 20 || otherwise directs. Final disposition shall be deemed to be the later of: 21 (1) dismissal of all claims and defenses in this action, with or without prejudice; and 22 (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, 23 || remands, trials, or reviews of this action, including the time limits for filing any motions or 24 || applications for extension of time pursuant to applicable law. 25 || 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 27 || Party or non-party that designates information or items for protection under this Order must take 28 || care to limit any such designation to specific material that qualifies under the appropriate standards. STIPULATED PROTECTIVE ORDER 1 || A Designating Party must take care to designate for protection only those parts of material, 2 || documents, items, or oral or written communications that qualify — so that other portions of the 3 || material, documents, items or communications for which protection is not warranted are not swept 4 || unjustifiably within the ambit of this Order. 5 Mass, indiscriminate, or routine designations are prohibited. Designations that are shown 6 || to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily 7 || encumber or retard the case development process, or to impose unnecessary expenses and burdens 8 || on other parties), expose the Designating Party to sanctions. If it comes to a Party’s or a non-party’s 9 || attention that information or items that it designated for protection do not qualify for protection at 10 || all, or do not qualify for the level of protection initially asserted, that Party or non-party must 11 || promptly notify all other parties that it is withdrawing the mistaken designation. 12 5.2. Manner and Timing of Designations. Except as otherwise provided in this Order, 13 || or as otherwise stipulated or ordered, material that qualifies for protection under this Order must be 14 || clearly so designated before the material is disclosed or produced. Designation in conformity with 15 || this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic documents, 17 || but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 18 || Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 19 || portion or portions of the material on a page qualifies for protection, the Producing Party also must 20 || clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 21 A Party or Non-Party that makes original documents or materials available for 22 || inspection need not designate them for protection until after the inspecting Party has indicated 23 || which material it would like copied and produced. During the inspection and before the 24 || designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” 25 || After the inspecting Party has identified the documents it wants copied and produced, the Producing 26 || Party must determine which documents, or portions thereof, qualify for protection under this Order. 27 || Then, before producing the specified documents, the Producing Party must affix the 28 || “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or _ STIPULATED PROTECTIVE ORDER 1 || portions of the material on a page qualifies for protection, the Producing Party also must clearly 2 || identify the protected portion(s) (e.g., by making appropriate markings in the margins). 3 (b) for testimony given in deposition or in other pretrial or trial 4 || proceedings, that the Party or non-party offering or sponsoring the testimony identify on the record, 5 || before the close of the deposition, hearing, or other proceeding, all protected testimony, and further 6 || specify any portions of the testimony that qualify as “CONFIDENTIAL.” When it is impractical 7 || to identify separately each portion of testimony that is entitled to protection, and when it appears 8 || that substantial portions of the testimony may qualify for protection, the Producing Party may 9 || invoke on the record (before the deposition or proceeding is concluded) a right to have up to twenty 10 || (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” Only those 11 || portions of the testimony that are appropriately designated as “CONFIDENTIAL” for protection 12 || within the 20 days shall be covered by the provisions of this Stipulation and Protective Order. 13 || Transcript pages containing Protected Material must be separately bound by the court reporter, who 14 || must affix to each such page the legend “CONFIDENTIAL,” as instructed by the Producing Party. 15 (c) for information produced in some form other than documentary and for 16 || any other tangible items (including but not limited to information produced on disc or 17 || electronic data storage device), that the Producing Party affix in a prominent place on the exterior 18 || of the container or containers in which the information or item is stored the legend 19 |} “CONFIDENTIAL.” If only portions of the information or item warrant protection, the Producing 20 || Party, to the extent practicable, shall identify the protected portions, specifying the material as 21 || “CONFIDENTIAL.” 22 5.3 Inadvertent Failures to Designate. If timely corrected (preferably, though not 23 || necessarily, within 30 days of production or disclosure of such material), an inadvertent failure to 24 || designate qualified information or items as “CONFIDENTIAL” does not, standing alone, waive 25 || the Designating Party’s right to secure protection under this Order for such material. If material is 26 || appropriately designated as “CONFIDENTIAL” after the material was initially produced, the 27 || Receiving Party, on timely notification of the designation, must make reasonable efforts to assure 28 || that the material is treated in accordance with this Order. 6-__ STIPULATED PROTECTIVE ORDER ] 5.4 =‘ Alteration of Confidentiality Stamp. A Receiving Party shall not alter, edit, or 2 || modify any Protected Material so as to conceal, obscure, or remove a “CONFIDENTIAL” stamp 3 || or legend thereon; nor shall a Receiving Party take any other action so as to make it appear that 4 || Protected Material is not subject to the terms and provisions of this Stipulation and Order. 5 || However, nothing in this section shall be construed so as to prevent a Receiving Party from 6 || challenging a confidentiality designation subject to the provisions of section 6, infra. 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 11 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 12 || challenge a confidentiality designation by electing not to mount a challenge promptly after the 13 || original designation is disclosed. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 15 || process by providing written notice of each designation it is challenging and describing the basis 16 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice 17 || must recite that the challenge to confidentiality is being made in accordance with this specific 18 || paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith 19 |} and must begin the process by conferring directly (in voice to voice dialogue; other forms of 20 || communication are not sufficient) within 14 days of the date of service of notice. In conferring, 21 || the Challenging Party must explain the basis for its belief that the confidentiality designation was 22 || not proper and must give the Designating Party an opportunity to review the designated material, 23 || to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for 24 || the chosen designation. A Challenging Party may proceed to the next stage of the challenge process 25 || only if it has engaged in this meet and confer process first or establishes that the Designating Party 26 || is unwilling to participate in the meet and confer process in a timely manner. 27 6.3 Judicial Intervention. 28 If the Parties cannot resolve a challenge without court intervention, the Challenging Party _7- STIPULATED PROTECTIVE ORDER 1 || shall file and serve a motion to remove confidentiality under Eastern District Local Rule 230 and 2 || 251 (and in compliance with Eastern District Local Rules 141 and 141.1, if applicable) within 14 3 || days of the parties agreeing that the meet and confer process will not resolve their dispute, or by 4 || the first day of trial of this matter, whichever date is earlier, unless the parties agree in writing to a 5 || longer time. Each such motion must be accompanied by a competent declaration affirming that the 6 || movant has complied with the meet and confer requirements imposed in the preceding paragraph. 7 || In addition, the Challenging Party may file a motion challenging a confidentiality designation at 8 || any time if there is good cause for doing so, including a challenge to the designation of a deposition 9 || transcript or any portions thereof. Any motion brought pursuant to this provision must be 10 || accompanied by a competent declaration affirming that the movant has complied with the meet and 11 || confer requirements imposed by the preceding paragraph. 12 The burden of persuasion in any such challenge proceeding shall be on the Designating 13 || Party, regardless of whether the Designating Party is the moving party or whether such Party sought 14 || or opposes judicial intervention. Frivolous challenges, and those made for an improper purpose 15 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the 16 || Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality 17 || designation by failing to oppose a motion to remove confidentiality as described above, all parties 18 || shall continue to afford the material in question the level of protection to which it is entitled under 19 || the Producing Party’s designation until the court rules on the challenge. 20 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 21 || Designating Party may remove Protected Material/Confidential Documents from some or all of the 22 || protections and provisions of this Stipulation and Order at any time by any of the following 23 || methods: 24 (a) Express Written Withdrawal. A Designating Party may withdraw a 25 || “CONFIDENTIAL” designation made to any specified Protected Material/Confidential 26 || Documents from some or all of the protections of this Stipulation and Order by an express 27 || withdrawal in a writing signed by such Party (or such Party’s Counsel, but not including staff of 28 || such Counsel) that specifies and itemizes the Disclosure or Discovery Material previously _g-_ STIPULATED PROTECTIVE ORDER 1 || designated as Protected Material/Confidential Documents that shall no longer be subject to all or 2 || some of the provisions of this Stipulation and Order. Such express withdrawal shall be effective 3 || when transmitted or served upon the Receiving Party. If a Designating Party is withdrawing 4 || Protected Material from only some of the provisions/protections of this Stipulation and Order, such 5 || Party must state which specific provisions are no longer to be enforced as to the specified material 6 || for which confidentiality protection hereunder is withdrawn: otherwise, such withdrawal shall be 7 || construed as a withdrawal of such material from all of the protections/provisions of this Stipulation 8 || and Order; 9 (b) Express Withdrawal on the Record. A Designating Party may withdraw 10 |} a “CONFIDENTIAL” designation made to any specified Protected Material/Confidential 11 || Documents from all of the provisions/protections of this Stipulation and Order by verbally 12 || consenting in court proceedings on the record to such withdrawal — provided that such withdrawal 13 || specifies the Disclosure or Discovery Material previously designated as Protected 14 || Material/Confidential Documents that shall no longer be subject to any of the provisions of this 15 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected Material from 16 || only some of the protections/provisions of this Stipulation and Order by this method; 17 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 18 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” designation made 19 || to any specified Protected Material/Confidential Documents from all of the provisions/protections 20 || of this Stipulation and Order by either (1) making such Protected Material/Confidential Records 21 || part of the public record — including but not limited to attaching such as exhibits to any filing with 22 || the court without moving, prior to such filing, for the court to seal such records; or (2) failing to 23 || timely oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to 24 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and Order shall 25 || be construed so as to require any Party to file Protected Material/Confidential Documents under 26 || seal, unless expressly specified herein. 27 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 28 71 Basic Principles. A Receiving Party may use Protected Material that is disclosed STIPULATED PROTECTIVE ORDER 1 || or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 2 || defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 3 || the categories of persons and under the conditions described in this Order. When the litigation has 4 || been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 5 || DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 6 || location and in a secure manner that ensures that access is limited to the persons authorized under 7 || this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 9 || ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 10 || disclose any information or item designated “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 12 || employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 13 || information for this litigation and who have signed the “Acknowledgment and Agreement to Be 14 || Bound” that is attached hereto as Exhibit A; 15 (b) _ the officers, directors, and employees (including House Counsel) of the 16 || Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 17 || the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 19 |} is reasonably necessary for this litigation and who have signed the “Acknowledgment and 20 || Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, mock 23 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and 24 || who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (f) during their depositions, witnesses in the action to whom disclosure is 26 || reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 27 || (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 28 || transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be -10- STIPULATED PROTECTIVE ORDER 1 || separately bound by the court reporter and may not be disclosed to anyone except as permitted 2 || under this Stipulated Protective Order; and/or 3 (g) the author or recipient of a document containing the information or a 4 || custodian or other person who otherwise possessed or knew the information. 5 6 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 7 OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation that compels 9 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 10 || must: 11 (a) promptly notify in writing the Designating Party. Such notification shall include a 12 || copy of the subpoena or court order; 13 (b) — promptly notify in writing the party who caused the subpoena or order to issue in 14 || the other litigation that some or all of the material covered by the subpoena or order is subject to 15 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 16 || and 17 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 18 || Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with the subpoena 20 || or court order shall not produce any information designated in this action as “CONFIDENTIAL” 21 || before a determination by the court from which the subpoena or order issued, unless the Party has 22 || obtained the Designating Party’s permission. The Designating Party shall bear the burden and 23 || expense of seeking protection in that court of its confidential material — and nothing in these 24 || provisions should be construed as authorizing or encouraging a Receiving Party in this action to 25 || disobey a lawful directive from another court. 26 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 27 THIS LITIGATION 28 (a) The terms of this Order are applicable to information produced by a Non-Party in -11- STIPULATED PROTECTIVE ORDER 1 || this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 2 || connection with this litigation is protected by the remedies and relief provided by this Order. 3 || Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 4 || protections. 5 (b) the event that a Party is required, by a valid discovery request, to produce a Non- 6 || Party’s confidential information in its possession, and the Party is subject to an agreement with the 7 || Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non- Party that some 9 or all of the information requested is subject to a confidentiality agreement with a 10 Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 12 Order in this litigation, the relevant discovery request(s), and a reasonably specific 13 description of the information requested; and 14 (3) make the information requested available for inspection by the Non-Party. 15 (c) If the Non-Party fails to object or seek a protective order from this court within 14 16 || days of receiving the notice and accompanying information, the Receiving Party may produce the 17 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 18 || seeks a protective order, the Receiving Party shall not produce any information in its possession or 19 || control that is subject to the confidentiality agreement with the Non-Party before a determination 20 || by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 21 || of seeking protection in this court of its Protected Material. 22 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 24 || Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 25 || the Receiving Party must immediately: (a) notify in writing the Designating Party of the 26 || unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized copies of the Protected 27 || Material; (c) inform the person or persons to whom unauthorized disclosures were made of all the 28 || terms of this Order; and (d) request such person or persons to execute the “Acknowledgment and -12- STIPULATED PROTECTIVE ORDER 1 || Agreement to Be Bound” that is attached hereto as Exhibit A. 2 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain inadvertently 5 || produced material is subject to a claim of privilege or other protection, the obligations of the 6 || Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 7 || is not intended to modify whatever procedure may be established in an e-discovery order that 8 || provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 9 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 10 || communication or information covered by the attorney-client privilege or work product protection, 11 || the parties may incorporate their agreement in the stipulated protective order submitted to the court. 12 | 12. PUBLICATION OF PROTECTED MATERIAL 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 14 || seek its modification by the court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 16 || Order no Party waives any right it otherwise would have to object to disclosing or producing any 17 || information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 18 || Party waives any right to object on any ground to use in evidence of any of the material covered by 19 || this Protective Order. 20 12.3. Filing of Protected Material. Without advance written permission from the 21 || Designating Party, or a court order secured after appropriate notice to all interested persons, a 22 || Receiving Party may not file in the public record in this action any Protected Material. A Party that 23 || seeks to file under seal any Protected Material must comply with Eastern District Local Rule 141 24 || and/or 141.1, to the extent applicable. 12.2. Public Dissemination of Protected Material. A 25 || Receiving Party shall not publish, release, post, or disseminate Protected Material to any persons 26 || except those specifically delineated and authorized by this Stipulation and Order; nor shall a 27 || Receiving Party publish, release, leak, post, or disseminate Protected Material/Confidential 28 || Documents to any news media, member of the press, website, or public forum (except as permitted -13- STIPULATED PROTECTIVE ORDER 1 || under section 12.1 regarding filings with the court in this action and under seal). 2 12.4. Public Dissemination of Protected Material. A Receiving Party shall not publish, 3 || release, post, or disseminate Protected Material to any persons except those specifically delineated 4 || and authorized by this Stipulation and Order; nor shall a Receiving Party publish, release, leak, 5 || post, or disseminate Protected Material/Confidential Documents to any news media, member of the 6 || press, website, or public forum (except as permitted under section 12.1 regarding filings with the 7 || court in this action and under seal). 8 | 13. FINAL DISPOSITION 9 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 10 |} Receiving Party must return all Protected Material to the Producing Party or destroy such material. 11 || As used in this subdivision, “all Protected Material” including all copies, abstracts, compilations, 12 || summaries and any other format reproducing or capturing of the Protected Material. 13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 14 || Dated: June 9, 2023 Id BURRIS, NISENBAUM, CURRY, AND LACY 16 17 By:. _/s/ Kenneth Chike Odiwe JOHN BURRIS 18 BEN NISENBAUM KENNETH CHIKE ODIWE 19 BRANDON YEE Attorneys for Plaintiffs 20 KISANA CARROLL and T.R. 21 || Dated: June 9. 2023 OFFICE OF THE CITY ATTORNEY 22 23 By:*/s/_ Noah Blechman NOAH BLECHMAN Attorney(s) for Defendants 5 CITY OF STOCKTON 26 27 28 -14- STIPULATED PROTECTIVE ORDER CASE 9-92_-CV_NN104_.DAD.DB ] Under Eastern District of California Civil Local Rule 131(e), I attest that I obtained 2 || concurrence in the filing of this document from all of the above signatories. 3 Dated: June 9, 2023 BURRIS, NISENBAUM, CURRY AND LACY 5 6 By:. _/s/ Kenneth Chike Odiwe KENNETH CHIKE ODIWE 7 BRANDON YEE Attorney for Plaintiffs 8 KISANA CARROLL and T.R. 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -15- STIPULATED PROTECTIVE ORDER 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 8 || court under seal. Parties are advised that any request to seal documents in this district is governed 9 || by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 || written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 || mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 || that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 || the 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 17 || related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 || Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 19 || v. City 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 22 || court at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 || the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 25 || 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte 26 || basis or on shortened time. 27 || //// 28 - 16 - STIPULATED PROTECTIVE ORDER ] 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 5 || of 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: June 20, 2023 /s| DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -17- STIPULATED PROTECTIVE ORDER 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 5 || that I have read in its entirety and understand the Stipulated Protective Order that was issued by the 6 || United States District Court for the Eastern District of California on [date] in the 7 || case of Carroll et al v. City of Stockton et al; 2:23-cv-00194-DAD-DB. I agree to comply with and 8 || to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge 9 || that failure to so comply could expose me to sanctions and punishment in the nature of contempt. 10 |} Isolemnly promise that I will not disclose in any manner any information or item that is subject to 11 || this Stipulated Protective Order to any person or entity except in strict compliance with the 12 || provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 || District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 15 || even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint [print or type full name] of 17 [print or type full address and telephone number] 18 || as my California agent for service of process in connection with this action or any proceedings 19 || related to enforcement of this Stipulated Protective Order. 20 21 Date: 22 City and State where sworn and signed: 23 24 Printed name: | 25 26 Signature: 27 28 - 18 - STIPULATED PROTECTIVE ORDER