Blink v. Kern High School District ( 2023 )

1 LOUIS R. DUMONT-STATE BAR NO. 130198 KATRINA J. VALENCIA-STATE BAR NO. 230931 2 CARPENTER, ROTHANS & DUMONT LLP 500 S. Grand Avenue, 19th Floor 3 Los Angeles, CA 90071 (213) 228-0400 / (213) 228-0401 (Fax) 4 ldumont@crdlaw.com; kvalencia@crdlaw.com 5 Attorneys for Defendants KERN HIGH SCHOOL DISTRICT, a public entity, erroneously sued as East 6 Bakersfield High School; and Officer MARK CALVILLO, a public employee 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AIRIONNA BLINK and M.H, a minor, ) Case No. 1:23-cv-00531-ADA-CDB by and through his Guardian ad Litem, ) 12 TIFFANY ARTERBERRY. ) STIPULATION AND [PROPOSED] ) PROTECTIVE ORDER 13 Plaintiffs. ) ) 14 v. ) Magistrate Judge Christopher D. 15 ) Baker KERN HIGH SCHOOL DISTRICT; ) 16 EAST BAKERSFIELD HIGH ) SCHOOL; MARK CALVILLO and ) 17 DOES 1 through 10 inclusive. ) ) 18 Defendants. ) ) 19 ) ) 20 ) 21 TO THE HONORABLE COURT: 22 By and through their counsel of record in this action, Plaintiffs, AIRIONNA 23 BLINK and M.H, a minor, by and through his Guardian ad Litem, TIFFANY 24 ARTERBERRY by and through their counsel, and Defendants KERN HIGH SCHOOL 25 DISTRICT, a public entity, and Officer MARK CALVILLO, a public employee – the Parties 26 –hereby stipulate for the purpose of jointly requesting that the honorable Court enter a 27 protective order regarding the confidential documents in in this matter [and pursuant to Fed. 28 R. Civ. P. 5.2, 7, and 26; U.S. Dist. Ct., E.D. Cal., Local Rules 141.1, 143, and 302(c)(2); 1 and any applicable Orders of the Court] as follows: 2 1. INTRODUCTION 3 1.1 PURPOSES AND LIMITATIONS 4 Disclosure and discovery activity in this action are likely to involve production 5 of confidential or private information for which special protection from public 6 disclosure and from use for any purpose other than prosecuting this litigation may be 7 warranted. Accordingly, the Parties hereby stipulate to and petition the Court to enter 8 the following Stipulated Protective Order. The Parties acknowledge that this Order 9 does not confer blanket protections on all disclosures or responses to discovery and 10 that the protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the applicable 12 legal principles. The Parties further acknowledge, as set forth in Section 12.3, below, 13 that this Stipulated Protective Order does not entitle them to file confidential 14 information under seal; Civil Local Rule 141 sets forth the procedures that must be 15 followed and the standards that will be applied when a party seeks permission from 16 the court to file material under seal. 17 1.2 GOOD CAUSE STATEMENT 18 The Parties maintain that good cause exists for entry of a protective order in 19 this action. Oliner v. Kontrabecki, 745 F.3d 1024, 1026 (9th Cir. 2014). This civil 20 rights action arises out of the events set forth in Plaintiffs’ Operative Complaint which 21 seeks damages for: (1) Unreasonable Search and Seizure; (2) Excessive Force; (3) 22 Malicious Prosecution; (4) Violation of Title VI of the 1964 Civil Rights Act; (5) 23 Violation of the Equal Protection Clause; (6) Equal Protection Violation under the 24 California Constitution; (7) Violation of the Bane Act (Cal. Civil Code §§ 52 and 25 52.1); (8) Negligence (Cal. Govt. Code §§ 815.2(a), 820(a)); (9) Assault & Battery 26 (Cal. Govt. Code §§ 815.2(a), 820(a)); (10) Intentional Infliction of Emotional 27 Distress (Cal. Govt. Code §§ 815.2(a), 820(a)); and (11) False Arrest (Cal. Govt. Code 28 §§ 815.2(a), 820(a)). 1 This litigation is in the early stages of discovery. The Parties contend that some 2 of the documents and information that will be produced during the discovery process 3 contain confidential and private information. Specifically, Defendant Officer are 4 peace officers whose personnel records are confidential under California law. Portions 5 of police personnel records may be disclosed, as well as documents reflecting policies, 6 functioning, training, schedules, or other operational details of law enforcement, and 7 these must also be protected from public disclosure in order to ensure the safety and 8 security of law enforcement and the public. The personnel records warrant special 9 protection from public disclosure and from use for any purpose other than prosecution 10 of this action. Such confidential and proprietary materials and information consist of, 11 among other things, confidential employment and personnel information relating to a 12 peace officer which is otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, court 14 rules, case decisions, or common law. Additionally, Plaintiffs are or were minor 15 students that attended a school located in Defendant’s School District. Plaintiffs’ 16 school records are protected under various education codes and the constitution and 17 cannot be produced without Plaintiffs’ waiver of such protections or subject to a 18 stipulated Order. Moreover, Plaintiffs have asserted various psychiatric and medical 19 claims which Plaintiffs deem protected. 20 In light of the nature of the claims and allegations in this case and the Parties’ 21 representations that discovery in this case will involve the production of confidential 22 records and information, and in order to expedite the flow of information, to facilitate 23 the prompt resolution of disputes over confidentiality of discovery materials, to 24 adequately protect information the parties are entitled to keep confidential, to ensure 25 that the Parties are permitted reasonable necessary uses of such material in connection 26 with this action, to address their handling of such material at the end of the litigation, 27 and to serve the ends of justice, a protective order for such information is justified in 28 this matter. The Parties shall not designate any information/documents as confidential 1 without a good faith belief that such information/documents have been maintained in 2 a confidential, non-public manner, and that there is good cause or a compelling reason 3 why it should not be part of the public record of this case. 4 5 2. DEFINITIONS 6 2.1 Action: Blink, et al. v. Kern High School District, et al, Case No.: 23-cv- 7 00531-ADA-CDB, pending in the United States District Court, Eastern District of 8 California. 9 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 10 information or items under this Order. 11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 12 it is generated, stored, or maintained) or tangible things that qualify for protection 13 under Federal Rule of Civil Procedure 26(c). 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 15 support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or items 17 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, regardless of the 19 medium or manner in which it is generated, stored, or maintained (including, among 20 other things, testimony, transcripts, and tangible things), that are produced or 21 generated in disclosures or responses to discovery in this matter. 22 2.7 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve as 24 an expert witness or as a consultant in this action. 25 2.8 House Counsel: attorneys who are employees of a party to this action. House 26 Counsel does not include Outside Counsel of Record or any other outside counsel. 27 2.9 Non-Party: any natural person, partnership, corporation, association, or 28 other legal entity not named as a Party to this action. 1 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 2 this action but are retained to represent or advise a party to this action and have 3 appeared in this action on behalf of that party or are affiliated with a law firm which 4 has appeared on behalf of that party. 5 2.11 Party: any party to this action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staff). 8 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this action. 10 2.13 Professional Vendors: persons or entities that provide litigation support 11 services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) 13 and their employees and subcontractors. 14 2.14 Protected Material: any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL.” 16 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 17 from a Producing Party. 18 19 3. SCOPE 20 The protections conferred by this Stipulation and Order cover not only 21 Protected Material (as defined above), but also (1) any information copied or extracted 22 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 23 Protected Material; and (3) any testimony, conversations, or presentations by Parties 24 or their Counsel that might reveal Protected Material. 25 However, the protections conferred by this Stipulation and Order do not cover 26 the following information: (a) any information that is in the public domain at the time 27 of disclosure to a Receiving Party or becomes part of the public domain after its 28 disclosure to a Receiving Party as a result of publication not involving a violation of 1 this Order, including becoming part of the public record through trial or otherwise; 2 and (b) any information known to the Receiving Party prior to the disclosure or 3 obtained by the Receiving Party after the disclosure from a source who obtained the 4 information lawfully and under no obligation of confidentiality to the Designating 5 Party. Any use of Protected Material at trial shall be governed by a separate agreement 6 or order. This Order does not govern the use of Protected Material at trial. 7 8 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations 10 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 11 in writing or a court order otherwise directs. Final disposition shall be deemed to be 12 the later of (1) dismissal of all claims and defenses in this action, with or without 13 prejudice; and (2) final judgment herein after the completion and exhaustion of all 14 appeals, rehearings, remands, trials, or reviews of this action, including the time limits 15 for filing any motions or applications for extension of time pursuant to applicable law. 16 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 19 Party or Non-Party that designates information or items for protection under this Order 20 must take care to limit any such designation to specific material that qualifies under 21 the appropriate standards. The Designating Party must designate for protection only 22 those parts of material, documents, items, or oral or written communications that 23 qualify – so that other portions of the material, documents, items, or communications 24 for which protection is not warranted are not swept unjustifiably within the ambit of 25 this Order. Mass, indiscriminate, or routinized designations are prohibited. 26 Designations that are shown to be clearly unjustified or that have been made for an 27 improper purpose (e.g., to unnecessarily encumber or retard the case development 28 process or to impose unnecessary expenses and burdens on other parties) expose the 1 Designating Party to sanctions. 2 If it comes to a Designating Party’s attention that information or items that it 3 designated for protection do not qualify for protection, that Designating Party must 4 promptly notify all other Parties that it is withdrawing the mistaken designation. 5 5.2 Manner and Timing of Designations. Except as otherwise provided in this 6 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 7 or ordered, Disclosure or Discovery Material that qualifies for protection under this 8 Order must be clearly so designated before the material is disclosed or produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic documents, 11 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 12 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 13 protected material. If only a portion or portions of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify the protected portion(s) 15 (e.g., by making appropriate markings in the margins). A Party or Non-Party that 16 makes original documents or materials available for inspection need not designate 17 them for protection until after the inspecting Party has indicated which material it 18 would like copied and produced. During the inspection and before the designation, all 19 of the material made available for inspection shall be deemed “CONFIDENTIAL.” 20 After the inspecting Party has identified the documents it wants copied and produced, 21 the Producing Party must determine which documents, or portions thereof, qualify for 22 protection under this Order. Then, before producing the specified documents, the 23 Producing Party must affix the “CONFIDENTIAL” legend to each page that contains 24 Protected Material. If only a portion or portions of the material on a page qualifies for 25 protection, the Producing Party also must clearly identify the protected portion(s) 26 (e.g., by making appropriate markings in the margins). 27 (b) for testimony given in deposition or in other pretrial or trial proceedings, 28 that the Designating Party identify on the record, before the close of the deposition, 1 hearing, or other proceeding, all protected testimony. 2 (c) for information produced in some form other than documentary and for any 3 other tangible items, the Producing Party must affix in a prominent place on the 4 exterior of the container or containers in which the information or item is stored the 5 legend “CONFIDENTIAL.” If only a portion or portions of the information or item 6 warrant protection, the Producing Party, to the extent practicable, shall identify the 7 protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 9 to designate qualified information or items does not, standing alone, waive the 10 Designating Party’s right to secure protection under this Order for such material. Upon 11 timely correction of a designation, the Receiving Party must make reasonable efforts 12 to assure that the material is treated in accordance with the provisions of this Order. 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 15 of confidentiality at any time. Unless a prompt challenge to a Designating Party’s 16 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 17 unnecessary economic burdens, or a significant disruption or delay of the litigation, a 18 Party does not waive its right to challenge a confidentiality designation by electing 19 not to mount a challenge promptly after the original designation is disclosed. 20 6.2 Objecting to Designation and Judicial Intervention. A party may at any time 21 object to the designation of Information as CONFIDENTIAL and move the Court for 22 an order declaring that such Information not be designated CONFIDENTIAL. No 23 motion relating to the designation of Information as CONFIDENTIAL shall be filed 24 without first completing the following steps. 25 First, the moving party SHALL confer with the opposing party in a good faith 26 effort to resolve the dispute. Second, if the good faith effort is unsuccessful, the 27 moving party promptly shall seek a telephonic hearing with all involved parties and 28 the Magistrate Judge. It shall be the obligation of the moving party to arrange and 1 originate the conference call to the court. Counsel must comply with the Court’s 2 procedures and Local Rule 251 or the motion will be denied with prejudice and 3 dropped from calendar. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this case 7 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 8 Material may be disclosed only to the categories of persons and under the conditions 9 described in this Order. When the litigation has been terminated, a Receiving Party 10 must comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a location 12 and in a secure manner that ensures that access is limited to the persons authorized 13 under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 15 ordered by the court or permitted in writing by the Designating Party, a Receiving 16 Party may disclose any information or item designated “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 18 employees of said Outside Counsel of Record to whom it is reasonably necessary to 19 disclose the information for this litigation and who have signed the “Acknowledgment 20 and Agreement to Be Bound” that is attached hereto as Exhibit A; (b) the officers, 21 directors, and employees (including House Counsel) of the Receiving Party to whom 22 disclosure is reasonably necessary for this litigation and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 25 is reasonably necessary for this litigation and who have signed the “Acknowledgment 26 and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 (e) court reporters and their staff, professional jury or trial consultants, mock 1 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 2 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 3 (Exhibit A); 4 (f) during their depositions, witnesses in the action to whom disclosure is 5 reasonably necessary and who have signed the “Acknowledgment and Agreement to 6 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 7 by the court. Pages of transcribed deposition testimony or exhibits to depositions that 8 reveal Protected Material must be separately bound by the court reporter and may not 9 be disclosed to anyone except as permitted under this Stipulated Protective Order; 10 (g) the author or recipient of a document containing the information or a 11 custodian or other person who otherwise possessed or knew the information; and 12 (h) any mediator or settlement officer, and their supporting personnel, mutually 13 agreed on by any of the Parties engaged in settlement discussions or appointed by the 14 Court. 15 8. 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 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena or 24 order is subject to this Protective Order. Such notification shall include a copy of this 25 Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by 27 the Designating Party whose Protected Material may be affected. If the Designating 28 Party timely seeks a protective order, the Party served with the subpoena or court order 1 shall not produce any information designated in this action as “CONFIDENTIAL” 2 before a determination by the court from which the subpoena or order issued, unless 3 the Party has obtained the Designating Party’s permission. The Designating Party 4 shall bear the burden and expense of seeking protection in that court of its confidential 5 material – and nothing in these provisions should be construed as authorizing or 6 encouraging a Receiving Party in this action to disobey a lawful directive from another 7 court. 8 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a Non- 12 Party in this action and designated as “CONFIDENTIAL.” Such information 13 produced by Non-Parties in connection with this litigation is protected by the remedies 14 and relief provided by this Order. Nothing in these provisions should be construed as 15 prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to produce 17 a Non-Party’s confidential information in its possession, and the Party is subject to an 18 agreement with the Non-Party not to produce the Non-Party’s confidential 19 information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non-Party 21 that some or all of the information requested is subject to a confidentiality agreement 22 with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 25 specific description of the information requested; and 26 (3) make the information requested available for inspection by the Non- 27 Party. 28 (c) If the Non-Party fails to object or seek a protective order from this court 1 within 21 days of receiving the notice and accompanying information, the Receiving 2 Party may produce the Non-Party’s confidential information responsive to the 3 discovery request. If the Non-Party timely seeks a protective order, the Receiving 4 Party shall not produce any information in its possession or control that is subject to 5 the confidentiality agreement with the Non-Party before a determination by the court. 6 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 7 of seeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this 11 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 12 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 13 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 14 persons to whom unauthorized disclosures were made of all the terms of this Order, 15 and (d) request such person or persons to execute the “Acknowledgment and 16 Agreement to Be Bound” that is attached hereto as Exhibit A. 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 18 PROTECTED MATERIAL 19 When a Producing Party gives notice to Receiving Parties that certain 20 inadvertently produced material is subject to a claim of privilege or other protection, 21 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 22 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 23 may be established in an e-discovery order that provides for production without prior 24 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 25 parties reach an agreement on the effect of disclosure of a communication or 26 information covered by the attorney-client privilege or work product protection, the 27 parties may incorporate their agreement in the stipulated protective order submitted to 28 the court. 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. Without written permission from the 10 Designating Party or a court order secured after appropriate notice to all interested 11 persons, a Party may not file in the public record in this action any Protected Material. 12 A Party that seeks to file under seal any Protected Material must comply with Civil 13 Local Rule 143. Protected Material may only be filed under seal pursuant to a court 14 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 15 Civil Local Rule 143, a sealing order will issue only upon a request establishing that 16 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 17 entitled to protection under the law. If a Receiving Party's request to file Protected 18 Material under seal pursuant to Civil Local Rule 143 is denied by the court, then the 19 Receiving Party may file the information in the public record pursuant to Civil Local 20 Rule 143 unless otherwise instructed by the Court. 21 22 13. FINAL DISPOSITION 23 Within 60 days after the final disposition of this action, as defined in paragraph 24 4, each Receiving Party must return all Protected Material to the Producing Party or 25 destroy such material. 26 As used in this subdivision, “all Protected Material” includes all copies, 27 abstracts, compilations, summaries, and any other format reproducing or capturing 28 any of the Protected Material. 1 Notwithstanding this provision, Counsel are entitled to retain an archival copy 2 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 3 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 4 work product, and consultant and expert work product, even if such materials contain 5 Protected Material. Any such archival copies that contain or constitute Protected 6 Material remain subject to this Protective Order as set forth in Section 4 7 (DURATION). 8 9 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 12 DATED: October 25, 2023 CARPENTER, ROTHANS & DUMONT LLP 13 14 By: /s/ Katrina J. Valencia 15 LOUIS R. DUMONT 16 KATRINA J. VALENCIA Attorneys for Defendants 17 KERN HIGH SCHOOL DISTRICT, a public entity; and Officer MARK CALVILLO, a 18 public employee 19 20 DATED: October 25, 2023 PLC LAW GROUP, APC 21 22 By: /s/ Na’Shaun L. Neal 23 PETER L. CARR, IV NA’SHAUN L. NEAL 24 LAUREN K. MCRAE Attorneys for Plaintiffs 25 AIRIONNA BLINK and M.H, a minor, by and through his Guardian ad Litem, 26 TIFFANY ARTERBERRY 27 28 ] Per L.R. 131, I hereby attest that all other signatories listed, and on whos« 2 || behalf the filing is submitted, concur in the filing’s content and have authorized th 3 || filing on the aforementioned date. 5 DATED: October 25, 2023 CARPENTER, ROTHANS & DUMONT LLP 7 By: /3f Katrina J. Valencia LOUIS R. DUMONT 8 KATRINA J. VALENCIA 9 Attorneys for Defendants KERN HIGH SCHOOL DISTRICT a public 10 entity, and Officer MARK CALVILLO, a public employee 11 IT IS SO ORDERED. 13 Dated: _ October 25, 2023 LD UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -15- STIPULATION AND PPROPOSED! PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [full name], of _________________ 4 [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 U.S. District Court 6 for the Eastern District of California on [date] in the case of Blink, et al. v. Kern High 7 School District, et al, Case No.: 23-cv-00531-ADA-CDB. I agree to comply with 8 and to be bound by all terms of this Stipulated Protective Order, and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment, 10 including contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or 12 entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the U.S. District Court for the 14 Eastern District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. I hereby appoint __________________________ [full name] of 17 18 _______________________________________ [full address and telephone number] 19 as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 Date: ______________________________________ 22 City and State where signed: _________________________________ 23 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 27 28