Moreno v. Castlerock Farming and Transport, Inc. ( 2022 )

1 GHLAYNNLNO,N F &IN FLREIYE,D MEONRBTELR G, LLP 2 JAMES M. HANLON, Jr., Bar No. 214096 MORGAN K. LOPEZ, Bar No. 215513 3 One Walnut Creek Center 100 Pringle Avenue, Suite 500 4 Walnut Creek, CA 94596 Telephone: (925) 210-2800 5 Facsimile: (925) 945-1975 E-mail: jhanlon@glynnfinley.com 6 mlopez@glynnfinley.com 7 Attorneys for Defendants Castlerock Farming and Transport, Inc. 8 and Albert L. Good 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION 11 ) Case No. 1:12-CV-00556-AWI-BAK 12 MARIA G. MORENO, ESTHER L. ) (BAM) LOPEZ, FRANCISCO OROZCO, ) 13 ABRAHAM ORTIZ, JAVIER GARCIA, ) STIPULATED PROTECTIVE ORDER FLORENCIA GUTIERREZ, and ISRAEL ) 14 LOPEZ on behalf of themselves and all ) other similarly situated, ) 15 ) Plaintiffs, ) 16 ) Trial Date: None Set vs. ) Judge: Hon. Anthony W. Ishii 17 ) Magistrate Judge: Hon. Barbara A. CASTLEROCK FARMING AND ) McAuliffe 18 TRANSPORT, INC., J.L. PADILLA & ) SONS LABOR SERVICE, INC., MELBA ) 19 NUNEZ CONTRACTING (form unknown), ) ALBERT L. GOOD, individual, and Does ) 20 2-20, inclusive, ) ) 21 Defendants. ) _ ___________________________________ ) 22 23 24 25 26 27 28 1 2 1. PURPOSES AND LIMITATIONS 3 Disclosure and discovery activity in this action are likely to involve production of 4 confidential, proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby petition the Court to enter the following Protective Order 7 (“Order”). The parties acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from public disclosure and 9 use extends only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth in Section 11 13.3, below, that this Protective Order does not entitle them to file confidential information 12 under seal; Civil Local Rule 141 sets forth the procedures that must be followed and the 13 standards that will be applied when a party seeks permission from the court to file material under 14 seal. 15 2. DEFINITIONS 16 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 19 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 20 of Civil Procedure 26(c). 21 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 22 well as their support staff). 23 2.4 Designating Party: a Party or Non-Party that designates information or items that 24 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 25 2.5 Disclosure or Discovery Material: all items or information, regardless of the 26 medium or manner in which it is generated, stored, or maintained (including, among other things, 27 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 28 responses to discovery in this matter. 1 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 2.7 House Counsel: attorneys who are employees of a party to this action. House 5 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 7 entity not named as a Party to this action. 8 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 9 action but are retained to represent or advise a party to this action and have appeared in this 10 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 11 that party. 12 2.10 Party: any party to this action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 15 Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 organizing, storing, or retrieving data in any form or medium) and their employees and 19 subcontractors. 20 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 21 “CONFIDENTIAL.” 22 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 23 Producing Party. 24 2.15 Action: the case entitled Moreno et al. v. Castlerock Farming and Transport, Inc., 25 et al. Case No. 1:12-CV-00556-AWI-BAK (BAM), United States District Court, Eastern District 26 of California. 27 /// 28 /// 1 2 Action. 3 3. SCOPE 4 The protections conferred by this Order cover not only Protected Material (as defined 5 above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 6 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 7 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 8 However, the protections conferred by this Order do not cover the following information: (a) any 9 information that is in the public domain at the time of disclosure to a Receiving Party or becomes 10 part of the public domain after its disclosure to a Receiving Party as a result of publication not 11 involving a violation of this Order, including becoming part of the public record through trial or 12 otherwise; and (b) any information known to the Receiving Party prior to the disclosure or 13 obtained by the Receiving Party after the disclosure from a source who obtained the information 14 lawfully and under no obligation of confidentiality to the Designating Party. Any use of 15 Protected Material at trial shall be governed by a separate agreement or order. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations imposed by 18 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 19 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 20 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 21 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 22 action, including the time limits for filing any motions or applications for extension of time 23 pursuant to applicable law. 24 5. MATERIAL PRESUMED CONFIDENTIAL 25 All documents containing the personal information of Defendant’s employees, including, 26 but not limited to, employees’ Social Security Numbers, home addresses, home telephone 27 numbers, birth dates, wages, pay roll and tax information, shall be presumed CONFIDENTIAL 28 and shall be subject to all applicable terms of this protective order, unless the parties otherwise 1 2 6. DESIGNATING PROTECTED MATERIAL 3 6.1 Exercise of Restraint and Care in Designating Material for Protection. 4 Each Party or Non-Party that designates information or items for protection under this Order 5 must take care to limit any such designation to specific material that qualifies under the 6 appropriate standards. The Designating Party must designate for protection only those parts of 7 material, documents, items, or oral or written communications that qualify – so that other 8 portions of the material, documents, items, or communications for which protection is not 9 warranted are not swept unjustifiably within the ambit of this Order. 10 Unless otherwise set forth in this Agreement, mass, indiscriminate, or routinized 11 designations are prohibited. Designations that are shown to be clearly unjustified or that have 12 been made for an improper purpose (e.g., to unnecessarily encumber or retard the case 13 development process or to impose unnecessary expenses and burdens on other parties) expose 14 the Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it designated 16 for protection do not qualify for protection, that Designating Party must promptly notify all other 17 Parties that it is withdrawing the mistaken designation. 18 6.2 Manner and Timing of Designations. Except as otherwise provided in this 19 Order (see, e.g., Paragraph 5), or as otherwise stipulated or ordered, Disclosure or Discovery 20 Material that qualifies for protection under this Order must be clearly so designated before the 21 material is disclosed or produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic documents, 24 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 25 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only 26 a portion or portions of the material on a page qualifies for protection, the Producing Party also 27 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 28 margins). 1 2 need not designate them for protection until after the inspecting Party has indicated which 3 material it would like copied and produced. During the inspection and before the designation, all 4 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 5 inspecting Party has identified the documents it wants copied and produced, the Producing Party 6 must determine which documents, or portions thereof, qualify for protection under this Order. 7 Then, before producing the specified documents, the Producing Party must affix the 8 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 9 portions of the material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11 (b) for testimony given in deposition or in other pretrial or trial proceedings, 12 that the Designating Party identify on the record, before the close of the deposition, hearing, or 13 other proceeding, all protected testimony. 14 (c) for information produced in some form other than documentary and for 15 any other tangible items, that the Producing Party affix in a prominent place on the exterior of 16 the container or containers in which the information or item is stored the legend 17 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 18 the Producing Party, to the extent practicable, shall identify the protected portion(s). 19 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 20 designate qualified information or items does not, standing alone, waive the Designating Party’s 21 right to secure protection under this Order for such material. Upon timely correction of a 22 designation, the Receiving Party must make reasonable efforts to assure that the material is 23 treated in accordance with the provisions of this Order. 24 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 26 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 27 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 28 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 1 2 original designation is disclosed. 3 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 4 process by providing written notice of each designation it is challenging and describing the basis 5 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 6 notice must recite that the challenge to confidentiality is being made in accordance with this 7 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 8 good faith and must begin the process by conferring directly (in voice-to-voice dialogue; other 9 forms of communication are not sufficient) within 14 days of the date of service of notice. In 10 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 11 designation was not proper and must give the Designating Party an opportunity to review the 12 designated material, to reconsider the circumstances, and, if no change in designation is offered, 13 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 14 stage of the challenge process only if it has engaged in this meet and confer process first or 15 establishes that the Designating Party is unwilling to participate in the meet and confer process in 16 a timely manner. 17 7.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 18 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 19 Civil Local Rule 141 within 21 days of the initial notice of challenge or within 14 days of the 20 parties agreeing that the meet and confer process will not resolve their dispute, whichever is 21 earlier. Each such motion must be accompanied by a competent declaration affirming that the 22 movant has complied with the meet and confer requirements imposed in the preceding 23 paragraph. Failure by the Designating Party to make such a motion including the required 24 declaration within 21 days (or 14 days, if applicable) shall automatically waive the 25 confidentiality designation for each challenged designation. In addition, the Challenging Party 26 may file a motion challenging a confidentiality designation at any time if there is good cause for 27 doing so, including a challenge to the designation of a deposition transcript or any portions 28 thereof. Any motion brought pursuant to this provision must be accompanied by a competent 1 2 imposed by the preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the Designating 4 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 5 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 6 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 7 file a motion to retain confidentiality as described above, all parties shall continue to afford the 8 material in question the level of protection to which it is entitled under the Producing Party’s 9 designation until the court rules on the challenge. 10 8. ACCESS TO AND USE OF PROTECTED MATERIAL 11 8.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 12 or produced by another Party or by a Non-Party in connection with this case only for 13 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 14 disclosed only to the categories of persons and under the conditions described in this Order. 15 When the litigation has been terminated, a Receiving Party must comply with the provisions of 16 section 13 below (FINAL DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a location and 18 in a secure manner that ensures that access is limited to the persons authorized under this Order. 19 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 20 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 21 disclose any information or item designated “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 23 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 24 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 25 Bound” that is attached hereto as Exhibit A; 26 (b) the officers, directors, and employees (including House Counsel) of the 27 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 2 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 3 and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff, professional jury or trial consultants, mock 6 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation 7 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (f) during their depositions, witnesses in the action to whom disclosure is 9 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 10 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 11 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 12 separately bound by the court reporter and may not be disclosed to anyone except as permitted 13 under this Protective Order. 14 (g) the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information. 16 (h) A Class Member, but only to the limited extent that his or her individual 17 personal information is the subject of the Protected Material (i.e., the Class Member may view 18 his or her own time-keeping and/or compensation data, but may not view any other Class 19 Member’s data and, to the extent the Protected Material contains information regarding 20 additional persons, the information regarding the additional persons must be redacted before 21 providing the Protected Material to the Class Member). In the event that the Protected Material 22 consists of information that the Class Member would not otherwise be legally entitled to view 23 pursuant to the California Labor Code and/or the applicable Industrial Welfare Commission 24 Wage Order, then prior to receiving the Protected Material, the Class Member must have signed 25 the “Class Member Confidentiality Acknowledgment” (Exhibit B). 26 /// 27 /// 28 /// 1 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that compels 4 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that 5 Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to 9 issue in the other litigation that some or all of the material covered by the subpoena or order is 10 subject to this Protective Order. Such notification shall include a copy of this Protective Order; 11 and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued 13 by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 17 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 18 shall bear the burden and expense of seeking protection in that court of its confidential material – 19 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 20 Party in this action to disobey a lawful directive from another court. 21 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 22 IN THIS LITIGATION 23 (a) The terms of this Order are applicable to information produced by a Non- 24 Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 25 Parties in connection with this litigation is protected by the remedies and relief provided by this 26 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 27 additional protections. 28 /// 1 2 produce a Non-Party’s confidential information in its possession, and the Party is subject to an 3 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 4 Party shall: 5 1. promptly notify in writing the Requesting Party and the Non-Party 6 that some or all of the information requested is subject to a confidentiality agreement with a 7 Non-Party; 8 2. promptly provide the Non-Party with a copy of the Protective 9 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 10 the information requested; and 11 3. make the information requested available for inspection by the 12 Non-Party. 13 (c) If the Non-Party fails to object or seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party may produce 15 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 16 timely seeks a protective order, the Receiving Party shall not produce any information in its 17 possession or control that is subject to the confidentiality agreement with the Non-Party before a 18 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 19 burden and expense of seeking protection in this court of its Protected Material. 20 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 22 Material to any person or in any circumstance not authorized under this Protective Order, the 23 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 24 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, 25 (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 26 this Order, and (d) request such person or persons to execute the “Acknowledgment and 27 Agreement to Be Bound” that is attached hereto as Exhibit A. 28 /// 1 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 6 provision is not intended to modify whatever procedure may be established in an e-discovery 7 order that provides for production without prior privilege review. Pursuant to Federal Rule of 8 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work product 10 protection, the parties may incorporate their agreement in the protective order submitted to the 11 court. 12 13. MISCELLANEOUS 13 13.1 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 13.2 Right to Assert Other Objections. Party waives any right it otherwise would have 16 to object to disclosing or producing any information or item on any ground not addressed in this 17 Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence 18 of any of the material covered by this Protective Order. 19 13.3 Filing Protected Material. Without written permission from the Designating Party 20 or a court order secured after appropriate notice to all interested persons, a Party may not file in 21 the public record in this action any Protected Material. A Party that seeks to file under seal any 22 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 23 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 24 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request 25 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 26 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 27 Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the Receiving 28 Party may file the information in the public record pursuant to Civil Local Rule 141 unless 1 2 14. FINAL DISPOSITION. Within 60 days after the final disposition of this action, 3 as defined in paragraph 4, each Receiving Party must return all Protected Material to the 4 Producing Party or destroy such material. As used in this subdivision, “all Protected Material” 5 includes all copies, abstracts, compilations, summaries, and any other format reproducing or 6 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, 7 the Receiving Party must submit a written certification to the Producing Party (and, if not the 8 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 9 category, where appropriate) all the Protected Material that was returned or destroyed and (2) 10 affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries 11 or any other format reproducing or capturing any of the Protected Material. Notwithstanding this 12 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 13 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial 14 exhibits, expert reports, attorney work product, and consultant and expert work product, even if 15 such materials contain Protected Material. Any such archival copies that contain or constitute 16 Protected Material remain subject to this Protective Order as set forth in Section 4 17 (DURATION). 18 19 20 21 22 23 24 25 26 27 28 1 ACKNOWLEDGMENT AND A GREEMENT TO BE BOUND 2 I, _______________________________________ [print or type full name], of 3 _______________________ [print or type full address], declare under penalty of perjury that I 4 have read in its entirety and understand the Protective Order that was issued by the United States 5 District Court for the Eastern District of California on [date] in the case of Moreno, et al. v. 6 Castlerock Farming and Transport, Inc., 1:12-CV-00556-AWI-BAK (BAM). I agree to comply 7 with and to be bound by all the terms of this Protective Order, and I understand and acknowledge 8 that failure to so comply could expose me to sanctions and punishment in the nature of contempt. 9 I solemnly promise that I will not disclose in any manner any information or item that is subject 10 to this Protective Order to any person or entity except in strict compliance with the provisions of 11 this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for 13 the Eastern District of California for the purpose of enforcing the terms of this Protective Order, 14 even if such enforcement proceedings occur after termination of this action. I hereby appoint 15 ___________________________ [print or type full name] of ____________________________ 16 [print or type full address and telephone number] as my California agent for service of process in 17 connection with this action or any proceedings related to enforcement of this Protective Order. 18 Date: _____________________________________ 19 City and State where sworn and signed: _______________________________________ 20 Printed name: ___________________________________ 21 [printed name] 22 Signature: ______________________________________ [signature] 23 24 25 26 27 28 1 2 CLASS MEMBER CONFIDENTIALITY 3 ACKNOWLEDGMENT 4 I, _______________________________________ [print or type full name], 5 understand that I am being shown or provided with documents in connection with a lawsuit 6 called Moreno, et al. v. Castlerock Farming and Transport, Inc., 1:12-CV-00556-AWI-BAK 7 (BAM) that was filed in federal court in the Eastern District of California. I understand that these 8 documents are confidential. I understand and promise that I will not share or disclose these 9 confidential documents to any other persons at any time. I also understand that if I share or 10 disclose these confidential documents I could be subject to punishment by the federal court. 11 Date: _____________________________________ 12 Printed name: ___________________________________ [printed name] 13 14 Signature: ______________________________________ [signature] 15 16 City and State where signed: _______________________________________ 17 18 ORDER 19 The Court adopts the stipulated protective order submitted by the parties on May 18, 20 2022. (Doc. No. 94.) The parties are advised that pursuant to the Local Rules of the United States 21 District Court, Eastern District of California, any documents subject to this protective order to be 22 filed under seal must be accompanied by a written request which complies with Local Rule 141 23 prior to sealing. The party making a request to file documents under seal shall be required to 24 show good cause for documents attached to a non-dispositive motion or compelling reasons for 25 documents attached to a dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 26 677-78 (9th Cir. 2009). Within five (5) days of any approved document filed under seal, the 27 28 1 to protect only the information that is confidential or was deemed confidential. 2 3 IT IS SO ORDERED. 4 Dated: May 26, 2022 /s/ Barbara A. McAuliffe _ 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28