Arroyo v. Graham Packaging Company L.P. ( 2023 )

1 JASON E. MURTAGH (SBN 294830) jason.murtagh@bipc.com 2 KOMAL JAIN (309827) komal.jain@bipc.com 3 BUCHANAN INGERSOLL & ROONEY LLP One America Plaza 4 600 West Broadway, Suite 1100 San Diego, CA 92101 5 Telephone: 619 239 8700 Fax: 619 702 3898 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARGARITA ARROYO, an individual, Case No.: 1:22-cv-00579-JLT-BAM 11 Plaintiff, [PROPOSED] STIPULATED 12 vs. PROTECTIVE ORDER 13 14 GRAHAM PACKAGING COMPANY, L.P., a Pennsylvania Limited Partnership; 15 and DOES 1 through 20, inclusive, Complaint Filed: April 15, 2022 16 Defendant. Removed: May 13, 2022 17 18 19 The parties to this action have stipulated to the terms of this Protective Order; 20 accordingly, it is ORDERED: 21 1. Pursuant to Local Rule 141.1(c)(1) and (2), the parties anticipate that due 22 to the nature of Plaintiff’s claims and Defendants’ defenses, discovery will by 23 definition include including personnel documents, medical records, confidential 24 company documents, which include proprietary information and potential trade secrets, 25 in addition to and third-party personnel information and other personnel information 26 relating to Plaintiff’s claims and Defendant’s defenses. This information is not 27 otherwise available to the public, and the parties recognize and acknowledge that this 1 Defendants’ competitors. The parties also anticipate discovery on topics concerning 2 Plaintiff’s background, much of which shares the same confidential characteristics, 3 including detailed credit information, Plaintiff’s generalized background, Plaintiff’s 4 income taxes, and other information concerning Plaintiff relating to Plaintiff’s claims 5 and Defendants’ defenses. The parties state that the above descriptions are not intended 6 to be an exhaustive list of all classes of information subject to this Stipulated Protective 7 Order. However, this statement is made in compliance with the requirements set forth 8 in Local Rule 141.1(c)(1) and (2). 9 2. Pursuant to Local Rule 141.1(c)(3), the parties agree the details set forth 10 below should be entered by court order, rather than as an agreement by and between 11 the parties, because these terms will apply only to the immediate litigation. A protective 12 order entered by the Court will outline procedures for the parties to follow to 13 expeditiously resolve confidentiality and/or privilege disputes – ideally with minimal 14 court involvement. A court order will govern potential discovery from third parties who 15 are non-parties to the immediate litigation and may not otherwise be subject to a private 16 agreement between the parties. 17 1. PURPOSES AND LIMITATIONS 18 Disclosure and discovery activity in this action are likely to involve production 19 of confidential, proprietary, or private information for which special protection from 20 public disclosure and from use for any purpose other than prosecuting this litigation 21 may be warranted. Accordingly, the parties hereby stipulate to and petition the court to 22 enter the following Stipulated Protective Order. The parties acknowledge that this 23 Order does not confer blanket protections on all disclosures or responses to discovery 24 and that the protection it affords from public disclosure and use extends only to the 25 limited information or items that are entitled to confidential treatment under the 26 applicable legal principles. The parties further acknowledge, as set forth in Section 27 12.3, below, that this Stipulated Protective Order does not entitle them to file 1 confidential information under seal; Civil Local Rule 141 sets forth the procedures that 2 must be followed and the standards that will be applied when a party seeks permission 3 from the court to file material under seal. 4 2. DEFINITIONS 5 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 6 information or items under this Order. 7 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how 8 it is generated, stored or maintained) or tangible things that qualify for protection under 9 Federal Rule of Civil Procedure 26(c). 10 2.3 Counsel (without qualifier): Outside Counsel of Record and House 11 Counsel (as well as their support staff). 12 2.4 Designating Party: a Party or Non-Party that designates information or 13 items that it produces in disclosures or in responses to discovery as 14 "CONFIDENTIAL." 15 2.5 Disclosure or Discovery Material: all items or information, regardless of 16 the medium or manner in which it is generated, stored, or maintained (including, among 17 other things, testimony, transcripts, and tangible things), that are produced or generated 18 in disclosures or responses to discovery in this matter. 19 2.6 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 21 expert witness or as a consultant in this action. 22 2.7 House Counsel: attorneys who are employees of a party to this action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.8 Non-Party: any natural person, partnership, corporation, association, or 26 other legal entity not named as a Party to this action. 27 1 2.9 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 2.10 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 staffs). 8 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this action. 10 2.12 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) and 13 their employees and subcontractors. 14 2.13 Protected Material: any Disclosure or Discovery Material that is 15 designated as "CONFIDENTIAL." 16 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 17 from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only Protected 20 Material (as defined above), but also (1) any information copied or extracted from 21 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 22 Material; and (3) any testimony, conversations, or presentations by Parties or their 23 Counsel that might reveal Protected Material. 24 However, the protections conferred by this Stipulation and Order do not cover 25 the following information: (a) any information that is in the public domain at the time 26 of disclosure to a Receiving Party or becomes part of the public domain after its 27 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; and 2 (b) any information known to the Receiving Party prior to the disclosure or obtained 3 by the Receiving Party after the disclosure from a source who obtained the information 4 lawfully and under no obligation of confidentiality to the Designating Party. Any use 5 of Protected Material at trial shall be governed by a separate agreement or order. 6 4. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations 8 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 9 in writing or a court order otherwise directs. Final disposition shall be deemed to be 10 the later of (1) dismissal of all claims and defenses in this action, with or without 11 prejudice; and (2) final judgment herein after the completion and exhaustion of all 12 appeals, rehearings, remands, trials, or reviews of this action, including the time limits 13 for filing any motions or applications for extension of time pursuant to applicable law. 14 15 5. DESIGNATING PROTECTED MATERIAL 16 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under this 18 Order must take care to limit any such designation to specific material that qualifies 19 under the appropriate standards. The Designating Party must designate for protection 20 only those parts of material, documents, items, or oral or written communications that 21 qualify – so that other portions of the material, documents, items, or communications 22 for which protection is not warranted are not swept unjustifiably within the ambit of 23 this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper purpose 26 (e.g., to unnecessarily encumber or retard the case development process or to impose 27 unnecessary expenses and burdens on other parties) may expose the Designating Party 1 If it comes to a Designating Party's attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this 5 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 6 or ordered, Disclosure or Discovery Material that qualifies for protection under this 7 Order must be clearly so designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) For information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other pretrial or trial 11 proceedings), that the Producing Party affix the legend "CONFIDENTIAL" to each 12 page that contains protected material. If only a portion or portions of the material on a 13 page qualifies for protection, the Producing Party also must clearly identify the 14 protected portion(s) (e.g., by making appropriate markings in the margins). A Party or 15 Non-Party that makes original documents or materials available for inspection need not 16 designate them for protection until after the inspecting Party has indicated which 17 material it would like copied and produced. During the inspection and before the 18 designation, all of the material made available for inspection shall be deemed 19 "CONFIDENTIAL." After the inspecting Party has identified the documents it wants 20 copied and produced, the Producing Party must determine which documents, or 21 portions thereof, qualify for protection under this Order. Then, before producing the 22 specified documents, the Producing Party must affix the "CONFIDENTIAL" legend to 23 each page that contains Protected Material. If only a portion or portions of the material 24 on a page qualifies for protection, the Producing Party also must clearly identify the 25 protected portion(s) (e.g., by making appropriate markings in the margins). 26 (b) for testimony given in deposition or in other pretrial or trial 27 proceedings, that the Designating Party identify on the record, before the close of the 1 (c) for information produced in some form other than documentary and 2 for any other tangible items, that the Producing Party affix in a prominent place on the 3 exterior of the container or containers in which the information or item is stored the 4 legend "CONFIDENTIAL." If only a portion or portions of the information or item 5 warrant protection, the Producing Party, to the extent practicable, shall identify the 6 protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive the 9 Designating Party's right to secure protection under this Order for such material. Upon 10 timely correction of a designation, the Receiving Party must make reasonable efforts 11 to assure that the material is treated in accordance with the provisions of this Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time. Unless a prompt challenge to a Designating 15 Party's confidentiality designation is necessary to avoid foreseeable, substantial 16 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 17 litigation, a Party does not waive its right to challenge a confidentiality designation by 18 electing not to mount a challenge promptly after the original designation is disclosed. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process by providing written notice of each designation it is challenging and 21 describing the basis for each challenge. To avoid ambiguity as to whether a challenge 22 has been made, the written notice must recite that the challenge to confidentiality is 23 being made in accordance with this specific paragraph of the Protective Order. The 24 parties shall attempt to resolve each challenge in good faith and must begin the process 25 by conferring directly (in voice to voice dialogue; other forms of communication are 26 not sufficient) within 14 days of the date of service of notice. In conferring, the 27 Challenging Party must explain the basis for its belief that the confidentiality 1 designation was not proper and must give the Designating Party an opportunity to 2 review the designated material, to reconsider the circumstances, and, if no change in 3 designation is offered, to explain the basis for the chosen designation. A Challenging 4 Party may proceed to the next stage of the challenge process only if it has engaged in 5 this meet and confer process first or establishes that the Designating Party is unwilling 6 to participate in the meet and confer process in a timely manner. 7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 8 court intervention, the Designating Party shall file and serve a motion to retain 9 confidentiality (in compliance with Civil Local Rule 141, if applicable) within 21 days 10 of the initial notice of challenge or within 14 days of the parties agreeing that the meet 11 and confer process will not resolve their dispute, whichever is earlier. Each such motion 12 must be accompanied by a competent declaration affirming that the movant has 13 complied with the meet and confer requirements imposed in the preceding paragraph. 14 Failure by the Designating Party to make such a motion including the required 15 declaration within 21 days (or 14 days, if applicable) shall automatically waive the 16 confidentiality designation for each challenged designation. In addition, the 17 Challenging Party may file a motion challenging a confidentiality designation at any 18 time if there is good cause for doing so, including a challenge to the designation of a 19 deposition transcript or any portions thereof. Any motion brought pursuant to this 20 provision must be accompanied by a competent declaration affirming that the movant 21 has complied with the meet and confer requirements imposed by the preceding 22 paragraph. 23 The burden of persuasion in any such challenge proceeding shall be on the 24 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 25 to harass or impose unnecessary expenses and burdens on other parties) may expose 26 the Challenging Party to sanctions Unless the Designating Party has waived the 27 confidentiality designation by failing to file a motion to retain confidentiality as 1 protection to which it is entitled under the Producing Party's designation until the court 2 rules on the challenge. 3 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this case 6 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 7 Material may be disclosed only to the categories of persons and under the conditions 8 described in this Order. When the litigation has been terminated, a Receiving Party 9 must comply with the provisions of section 13 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise 14 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 15 may disclose any information or item designated "CONFIDENTIAL" only to: 16 (a) the Receiving Party's Outside Counsel of Record in this action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this litigation and who have signed the 19 "Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit A; 20 (b) the officers, directors, and employees (including House Counsel) of 21 the Receiving Party to whom disclosure is reasonably necessary for this litigation and 22 who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this litigation and who have signed the 25 "Acknowledgment and Agreement to Be Bound" (Exhibit A); 26 (d) the court and its personnel; 27 1 (e) court reporters and their staff, professional jury or trial consultants, 2 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for 3 this litigation and who have signed the "Acknowledgment and Agreement to Be 4 Bound" (Exhibit A); 5 (f) during their depositions, witnesses in the action to whom disclosure 6 is reasonably necessary and who have signed the "Acknowledgment and Agreement to 7 Be Bound" (Exhibit A), unless otherwise agreed by the Designating Party or ordered 8 by the court. Pages of transcribed deposition testimony or exhibits to depositions that 9 reveal Protected Material must be separately bound by the court reporter and may not 10 be disclosed to anyone except as permitted under this Stipulated Protective Order. 11 (g) the author or recipient of a document containing the information or 12 a custodian or other person who otherwise possessed or knew the information. 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 14 OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation that 16 compels disclosure of any information or items designated in this action as 17 "CONFIDENTIAL," that Party must: 18 (a) promptly notify in writing the Designating Party. Such notification 19 shall include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or 21 order to issue in the other litigation that some or all of the material covered by the 22 subpoena or order is subject to this Protective Order. Such notification shall include a 23 copy of this Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with 27 the subpoena or court order shall not produce any information designated in this action 1 or order issued, unless the Party has obtained the Designating Party's permission. The 2 Designating Party shall bear the burden and expense of seeking protection in that court 3 of its confidential material – and nothing in these provisions should be construed as 4 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 5 from another court. 6 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 7 IN THIS LITIGATION 8 (a) The terms of this Order are applicable to information produced by 9 a Non-Party in this action and designated as "CONFIDENTIAL." Such information 10 produced by Non-Parties in connection with this litigation is protected by the remedies 11 and relief provided by this Order. Nothing in these provisions should be construed as 12 prohibiting a Non-Party from seeking additional protections. 13 (b) In the event that a Party is required, by a valid discovery request, to 14 produce a Non- Party's confidential information in its possession, and the Party is 15 subject to an agreement with the Non-Party not to produce the Non-Party's confidential 16 information, then the Party shall: 17 (i) promptly notify in writing the Requesting Party and the Non- 18 Party that some or all of the information requested is subject to a confidentiality 19 agreement with a Non-Party; 20 (ii) promptly provide the Non-Party with a copy of the Stipulated 21 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 22 specific description of the information requested; and 23 (iii) make the information requested available for inspection by 24 the Non-Party. 25 (c) If the Non-Party fails to object or seek a protective order from this 26 court within 14 days of receiving the notice and accompanying information, the 27 Receiving Party may produce the Non-Party's confidential information responsive to 1 Party shall not produce any information in its possession or control that is subject to 2 the confidentiality agreement with the Non-Party before a determination by the court. 3 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 4 of seeking protection in this court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 9 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 10 all unauthorized copies of the Protected Material, (c) inform the person or persons to 11 whom unauthorized disclosures were made of all the terms of this Order, and (d) 12 request such person or persons to execute the "Acknowledgment and Agreement to Be 13 Bound" that is attached hereto as Exhibit A. 14 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 may be established in an e-discovery order that provides for production without prior 22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 23 parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the 25 parties may incorporate their agreement in the stipulated protective order submitted to 26 the court. 27 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 141. 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 141, 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 141 is denied by the court, then the 19 Receiving Party may file the information in the public record pursuant to Civil Local 20 Rule 141 unless otherwise instructed by the court. 21 13. FINAL DISPOSITION 22 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. As used in this subdivision, "all Protected Material" includes all 26 copies, abstracts, compilations, summaries, and any other format reproducing or 27 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing 1 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 2 deadline that (1) identifies (by category, where appropriate) all the Protected Material 3 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 4 any copies, abstracts, compilations, summaries or any other format reproducing or 5 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 6 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 7 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 8 expert reports, attorney work product, and consultant and expert work product, even if 9 such materials contain Protected Material. Any such archival copies that contain or 10 constitute Protected Material remain subject to this Protective Order as set forth in 11 Section 4 (DURATION). 12 13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 14 15 DATED: May 16, 2023 BY: /s/ Joshua Falakassa___________________ 16 COUNSEL FOR PLAINTIFF 17 18 DATED: May 16, 2023 BY: /s/ Komal Jain_______________________ 19 COUNSEL FOR DEFENDANTS 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledge that I, ______________________________ [NAME], 4 _________________________________ [POSITION AND EMPLOYER], am about 5 to receive Protected Material(s) supplied in connection with the Proceeding, 1:22-CV- 6 00579-JLT-BAM (“Proceeding”) I certify that I understand that the Protected 7 Material(s) are provided to me subject to the terms and restrictions of the Stipulation 8 and Protective Order filed in this Proceeding. I have been given a copy of the 9 Stipulation and Protective Order; I have read it, and I agree to be bound by its terms. 10 I understand that the Protected Material(s), as defined in the Stipulation and 11 Protective Order, including any notes or other records that may be made regarding any 12 such materials, shall not be Disclosed to anyone except as expressly permitted by the 13 Stipulation and Protective Order. I will not copy or use, except solely for the purposes 14 of this Proceeding, any Protected Material(s), except as provided therein or otherwise 15 ordered by the Court in the Proceeding. 16 I further understand that I am to retain all copies of all Protected Material(s) in 17 a secure manner, and that all copies of such materials are to remain in my personal 18 custody until termination of my participation in this Proceeding, whereupon the copies 19 of such materials will be returned to counsel who provided me with such materials. 20 I declare under penalty of perjury that the foregoing is true and correct. 21 22 23 DATED: _________________________ BY: _______________________________ Signature 24 25 _______________________________ Name and Title 26 27 ________________________________ Phone Number/Email 1 ORDER 2 Having considered the Stipulated Protective Order, and finding good cause, 3 the Court adopts the stipulated protective order. (Doc. 16.) 4 The parties are advised that pursuant to the Local Rules of the United States 5 District Court, Eastern District of California, any documents subject to the protective 6 order to be filed under seal must be accompanied by a written request which 7 complies with Local Rule 141 prior to sealing. The party making a request to file 8 documents under seal shall be required to show good cause for documents attached 9 to a non-dispositive motion or compelling reasons for documents attached to a 10 dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 11 2009). Within five (5) days of any approved document filed under seal, the party 12 shall file a redacted copy of the sealed document. The redactions shall be narrowly 13 tailored to protect only the information that is confidential or was deemed 14 confidential. 15 Additionally, the parties shall consider resolving any dispute arising under the 16 stipulated protective order according to the Court’s informal discovery dispute 17 procedure. 18 19 IT IS SO ORDERED. 20 Dated: May 22, 2023 /s/ Barbara A. McAuliffe _ 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27