Walker v. Higher Education Loan Authority of the State of Missouri ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELISSA LOIS WALKER, Case No. 1:21-cv-00879-ADA-SAB 12 Plaintiff, ORDER ENTERING STIPULATED PROTECTIVE ORDER 13 v. (ECF No. 73) 14 HIGHER EDUCATION LOAN AUTHORITY OF THE STATE OF MISSOURI, et al., 15 Defendants. 16 17 18 19 20 STIPULATED PROTECTIVE ORDER 21 The parties – Plaintiff MELISSA LOIS WALKER (“Plaintiff”) and Defendants HIGHER 22 EDUCATION LOAN AUTHORITY OF THE STATE OF MISSOURI D/B/A MOHELA, 23 ACTION FINANCIAL SERVICES, LLC, TRANS UNION, LLC, and EQUIFAX 24 INFORMATION SERVICES, LLC (collectively, “Defendants”) – by and through their 25 respective counsel of record, hereby stipulate for the purpose of jointly requesting that the 26 honorable Court enter a protective order regarding confidential documents in this matter (and 27 pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as L.R. 141, 141.1, 143, and 251) as follows: 28 /// 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 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords from 8 public disclosure and use extends only to the limited information or items that are entitled to 9 confidential treatment under the applicable legal principles. The parties further acknowledge, as 10 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 11 confidential information under seal; Civil Local Rules 141 (sealing) and 140 (redaction) set forth 12 the procedures that must be followed and the standards that will be applied when a party seeks 13 permission from the court to file material under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel, as 21 well as their support staff. 22 2.4 Designating Party: a Party or Non-Party that designates information or items that it 23 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 24 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 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 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 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 In-House Counsel: attorneys who are employees of a party to this action. In-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 action 10 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 11 2.10 Party: any party to this action, including all of its officers, directors, employees, 12 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 14 Material in this action. 15 2.12 Professional Vendors: persons or entities that provide litigation support services 16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 17 organizing, storing, or retrieving data in any form or medium) and their employees and 18 subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 20 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. GOOD CAUSE STATEMENT 24 The parties jointly contend that there is good cause and a particularized need for a 25 protective order to preserve the interests of confidentiality relating to trade secrets, confidential 26 research, development, technology, or other proprietary information belonging to Defendants 27 and/or personal income, credit, and other confidential information of Plaintiff. Because of these 28 sensitive interests, a court order should address these documents rather than a private agreement 1 between the parties. 2 4. SCOPE 3 The protections conferred by this Stipulation and Order cover not only Protected Material 4 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 5 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 6 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 7 However, the protections conferred by this Stipulation and Order do not cover the following 8 information: (a) any information that is in the public domain at the time of disclosure to a 9 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 10 a result of publication not involving a violation of this Order, including becoming part of the 11 public record through trial or otherwise; and (b) any information known to the Receiving Party 12 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 13 obtained the information lawfully and under no obligation of confidentiality to the Designating 14 Party. If a Producing Party believes in good faith that, despite the provision of this Order, there is 15 a substantial risk of identifiable harm to the Producing Party if particular documents it designates 16 as “CONFIDENTIAL” are disclosed to all other parties or non-parties to this action, the 17 Producing Party may designate those particular documents as “CONFIDENTIAL— 18 ATTORNEYS’ EYES ONLY.” Any use of Protected Material at trial shall be governed by a 19 separate agreement or order. 20 5. DURATION 21 Even after final disposition of this litigation, the confidentiality obligations imposed by 22 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 23 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 24 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 25 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 26 including the time limits for filing any motions or applications for extension of time pursuant to 27 applicable law. 28 /// 1 6. DESIGNATING PROTECTED MATERIAL 2 6.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 3 or Non-Party that designates information or items for protection under this Order must take care 4 to limit any such designation to specific material that qualifies under the appropriate standards. 5 The Designating Party must designate for protection only those parts of material, documents, 6 items, or oral or written communications that qualify – so that other portions of the material, 7 documents, items, or communications for which protection is not warranted are not swept 8 unjustifiably within the ambit of this Order. 9 Mass, indiscriminate, or routinized designations are prohibited. If it comes to a 10 Designating Party’s attention that information or items that it designated for protection do not 11 qualify for protection, that Designating Party must promptly notify all other Parties that it is 12 withdrawing the mistaken designation. 13 6.2 Manner and Timing of Designations. Except as otherwise provided in this Order 14 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 15 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 16 designated before the material is disclosed or produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 20 Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ 21 EYES ONLY” to each page that contains protected material. If only a portion or portions of the 22 material on a page qualifies for protection, the Producing Party also must clearly identify the 23 protected portion(s) (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents or materials available for inspection 25 need not designate them for protection until after the inspecting Party has indicated which 26 material it would like copied and produced. During the inspection and before the designation, all 27 of the material made available for inspection shall be deemed “CONFIDENTIAL” or 28 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the 1 documents it wants copied and produced, the Producing Party must determine which documents, 2 or portions thereof, qualify for protection under this Order. Then, before producing the specified 3 documents, the Producing Party must affix the “CONFIDENTIAL” or “CONFIDENTIAL— 4 ATTORNEYS’ EYES ONLY” legend to each page that contains Protected Material. If only a 5 portion or portions of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 7 margins). 8 (b) for testimony given in deposition or in other pretrial or trial 9 proceedings, that the Designating Party identify on the record, before the close of the deposition, 10 hearing, or other proceeding, all protected testimony. When it is impractical to identify separately 11 each portion of testimony that is entitled to protection, and when it appears that substantial 12 portions of the testimony may qualify for protection, the Producing Party may invoke on the 13 record (before the deposition or proceeding is concluded) a right to have up to twenty (20) days to 14 identify the specific portions of the testimony as “CONFIDENTIAL” or “CONFIDENTIAL— 15 ATTORNEYS’ EYES ONLY.” Only those portions of the testimony that are appropriately 16 designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” for 17 protection within the 20 days shall be covered by the provisions of this Stipulation and Protective 18 Order. Transcript pages containing Protected Material must be separately bound by the court 19 reporter, who must affix to each such page the legend “CONFIDENTIAL” or 20 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” as instructed by the Producing Party. 21 (c) for information produced in some form other than documentary and for 22 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the 23 container or containers in which the information or item is stored the legend “CONFIDENTIAL” 24 or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 25 information or item warrant protection, the Producing Party, to the extent practicable, shall 26 identify the protected portion(s). 27 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 28 designate qualified information or items does not, standing alone, waive the Designating Party’s 1 right to secure protection under this Order for such material. Upon timely correction of a 2 designation, the Receiving Party must make reasonable efforts to assure that the material is 3 treated in accordance with the provisions of this Order. 4 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 6 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 7 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 8 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 9 challenge a confidentiality designation by electing not to mount a challenge promptly after the 10 original designation is disclosed. 11 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 12 process by providing written notice of each designation it is challenging and describing the basis 13 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 14 notice must recite that the challenge to confidentiality is being made in accordance with this 15 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 16 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 17 forms of communication are not sufficient) within 14 days of the date of service of notice. In 18 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 19 designation was not proper and must give the Designating Party an opportunity to review the 20 designated material, to reconsider the circumstances, and, if no change in designation is offered, 21 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 22 stage of the challenge process only if it has engaged in this meet and confer process first or 23 establishes that the Designating Party is unwilling to participate in the meet and confer process in 24 a timely manner. 25 7.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 26 intervention, the Challenging Party shall file and serve a motion to remove confidentiality under 27 Local Rule 230 and 251 within 14 days of the parties agreeing that the meet and confer process 28 will not resolve their dispute. Each such motion must be accompanied by a competent declaration 1 affirming that the movant has complied with the meet and confer requirements imposed in the 2 preceding paragraph. In addition, the Challenging Party may file a motion challenging a 3 confidentiality designation at any time if there is good cause for doing so, including a challenge to 4 the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to 5 this provision must be accompanied by a competent declaration affirming that the movant has 6 complied with the meet and confer requirements imposed by the preceding paragraph. 7 The burden of persuasion in any such challenge proceeding shall be on the Designating 8 Party. Unless the Designating Party has waived the confidentiality designation by failing to file a 9 motion to retain confidentiality as described above, all parties shall continue to afford the material 10 in question the level of protection to which it is entitled under the Producing Party’s designation 11 until the court rules on the challenge. 12 8. ACCESS TO AND USE OF PROTECTED MATERIAL 13 8.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 14 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 15 defending, or attempting to settle this litigation, and not for any other purpose, including any 16 other litigation or dispute outside the scope of this action. Such Protected Material may be 17 disclosed only to the categories of persons and under the conditions described in this Order. 18 When the litigation has been terminated, a Receiving Party must comply with the provisions of 19 section 13 below (FINAL DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at a location and 21 in a secure manner that ensures that access is limited to the persons authorized under this 22 Stipulation and Order. 23 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 24 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 25 information or items designated “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 27 as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose 28 the information for this litigation; 1 (b) the officers, directors, and employees (including In-House Counsel) of 2 the Receiving Party to whom disclosure is reasonably necessary for this litigation, each of whom, 3 by accepting receipt of such Protected Material, agree to be bound by this Stipulation and Order; 4 (c) Experts (as defined in this Order) of the Receiving Party to whom 5 disclosure is reasonably necessary for this litigation, each of whom, by accepting receipt of such 6 Protected Material, agree to be bound by this Stipulation and Order; 7 (d) the Court and its personnel; 8 (e) court reporters, their staff, and Professional Vendors to whom 9 disclosure is reasonably necessary for this litigation, each of whom, by accepting receipt of such 10 Protected Material, agree to be bound by this Stipulation and Order; 11 (f) during their depositions, witnesses in the action to whom disclosure is 12 reasonably necessary, each of whom, by accepting receipt of such Protected Material, agree to be 13 bound by this Stipulation and Order. Pages of transcribed deposition testimony or exhibits to 14 depositions that reveal Protected Material must be separately bound by the court reporter and may 15 not be disclosed to anyone except as permitted under this Stipulated Protective Order. 16 (g) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information. 18 8.3. Notice of Confidentiality. Prior to producing or disclosing Protected 19 Material/Confidential Documents to persons to whom this Stipulation and Order permits 20 disclosure or production (see section 8.2, supra), a Receiving Party shall provide a copy of this 21 Stipulation and Order to such persons so as to put such persons on notice as to the restrictions 22 imposed upon them herein: except that, for court reporters, Professional Vendors, and for 23 witnesses being provided with Protected Material during a deposition, it shall be sufficient notice 24 for Counsel for the Receiving Party to give the witness a verbal admonition (on the record, for 25 witnesses) regarding the provisions of this Stipulation and Order and such provisions’ 26 applicability to specified Protected Material at issue. 27 /// 28 /// 1 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 2 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” or 5 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” that 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 9 to 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 Stipulated 11 Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued 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” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” before a 17 determination by the court from which the subpoena or order issued, unless the Party has obtained 18 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 19 seeking protection in that court of its confidential material – and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this action to disobey a 21 lawful directive from another court. 22 The purpose of this section is to ensure that the affected Party has a meaningful 23 opportunity to preserve its confidentiality interests in the court from which the subpoena or court 24 order issued. 25 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 26 LITIGATION 27 10.1 The terms of this Order are applicable to information produced by a Non-Party in 28 this action and designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 1 ONLY.” Such information produced by Non-Parties in connection with this litigation is 2 protected by the remedies and relief provided by this Order. Nothing in these provisions should 3 be construed as prohibiting a Non-Party from seeking additional protections. 4 10.2 In the event that a Party is required, by a valid discovery request, to produce a 5 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 6 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 7 (a) promptly notify in writing the Requesting Party and the Non-Party that 8 some or all of the information requested is subject to a confidentiality agreement with a Non- 9 Party; 10 (b) promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific 12 description of the information requested; and 13 (c) make the information requested available for inspection by the Non- 14 Party. 15 10.3 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 19 or control that is subject to the confidentiality agreement with the Non-Party before a 20 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 21 burden and expense of seeking protection in this court of its Protected Material. 22 11. DISCLOSURE OF PROTECTED MATERIAL 23 11.1 Unauthorized Disclosure of Protected Material. If a Receiving Party learns that, 24 by inadvertence or otherwise, it has disclosed Protected Material to any person or in any 25 circumstance not authorized under this Stipulated Protective Order, the Receiving Party must 26 immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its 27 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 28 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) 1 request such person or persons to consent to be bound by this Stipulation and Order. 2 11.2 Inadvertent Production of Privileged or Otherwise Protected Material. When a 3 Producing Party gives notice to Receiving Parties that certain inadvertently produced material is 4 subject to a claim of privilege or other protection, the obligations of the Receiving Parties are 5 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 6 modify whatever procedure may be established in an e-discovery order that provides for 7 production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), 8 insofar as the parties reach an agreement on the effect of disclosure of a communication or 9 information covered by the attorney-client privilege or work product protection, the parties may 10 incorporate their agreement in the stipulated protective order submitted to the court. 11 11.3 Filing of Protected Material. Without advanced written permission from the 12 Designating Party, or a court order secured after appropriate notice to all interested persons, a 13 Receiving Party may not file in the public record in this action any Protected Material. A Party 14 that seeks to file under seal any Protected Material must comply with Eastern District Local Rule 15 141 and/or 141.1, to the extent applicable. 16 11.4 Public Dissemination of Protected Material. A Receiving Party shall not publish, 17 release, post, or disseminate Protected Material to any persons except those specifically 18 delineated and authorized by this Stipulation and Order; nor shall a Receiving Party publish, 19 release, leak, post, or disseminate Protected Material/Confidential Documents to any new media, 20 member of the press, website, or public forum (except as permitted under section 11.3). 21 12. MISCELLANEOUS 22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 23 seek its modification by the court in the future. 24 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 25 Order no Party waives any right it otherwise would have to object to disclosing or producing any 26 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 27 Party waives any right to object on any ground to use in evidence of any of the material covered 28 by this Protective Order. 1 13. FINAL DISPOSITION 2 Unless otherwise ordered or agreed in writing by the Producing Party, within thirty (30) 3 days after the final termination of this action -- defined as the dismissal or entry of judgment by 4 the above named court, or if an appeal is filed, the disposition of the appeal -- upon written 5 request by the Producing Party, each Receiving Party must return all Protected Material to the 6 Producing Party – whether retained by the Receiving Party or its Counsel, Experts, Professional 7 Vendors, or any non-party to whom the Receiving Party produced or shared such records or 8 information. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries or any other form of reproducing or capturing any of the Protected 10 Material, regardless of the medium (hardcopy, electronic, or otherwise) in which such Protected 11 Material is stored or retained. 12 In the alternative, at the discretion of the Receiving Party, the Receiving Party may 13 destroy some or all of the Protected Material instead of returning it – unless such Protected 14 Material is an original, in which case, the Receiving Party must obtain the Producing Party’s 15 written consent before destroying such original Protected Material. Whether the Protected 16 Material is returned or destroyed, the Receiving Party must submit a written certification to the 17 Producing Party (and, if not the same person or entity, to the Designating Party) within thirty (30) 18 days of the aforementioned written request by the Designating Party that specifically identifies 19 (by category, where appropriate) all the Protected Material that was returned or destroyed and that 20 affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries 21 or other forms of reproducing or capturing any of the Protected material (in any medium, 22 including but not limited to any hardcopy, electronic or digital copy, or otherwise). 23 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, 24 motion papers, transcripts, legal memoranda filed with the court in this action, as well as any 25 correspondence or attorney work product prepared by Counsel for the Receiving Party, even if 26 such materials contain Protected Material; however, any such archival copies that contain or 27 constitute Protected Material remain subject to this Protective Order as set forth in Section 5 28 (DURATION), above. This court shall retain jurisdiction in the event that a Designating Party 1 elects to seek court sanctions for violation of this section. 2 /// 3 /// 4 /// 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 COURT ORDER ENTERING STIPULATED PROTECTIVE ORDER 2 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY 3 | ORDERED that: 4 1. The above stipulated protective order is ENTERED; 5 2. The provisions of the parties’ stipulation and this protective order shall remain in 6 effect until further order of the Court; 7 3. The parties are advised that pursuant to the Local Rules of the United States 8 District Court, Eastern District of California, any documents which are to be filed 9 under seal will require a written request which complies with Local Rule 141; 10 4. The party making a request to file documents under seal shall be required to show 11 either good cause or compelling reasons to seal the documents, depending on the 12 type of filing, Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 13 2009); Ctr. for Auto Safety v. Chrysler Grp... LLC, 809 F.3d 1092, 1101 (9th Cir. 14 2016); and 15 5. If a party’s request to file Protected Material under seal is denied by the Court, 16 then the previously filed material shall be immediately accepted by the court and 17 become information in the public record and the information will be deemed filed 18 as of the date that the request to file the Protected Information under seal was 19 made. 20 IT IS SO ORDERED. DAM Le 22 | Dated: _May 22, 2023 __ Of 33 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 15