The Church of the Celestial Heart v. Garland ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THE CHURCH OF THE CELESTIAL Case No. 1:23-cv-00545-SAB HEART, et al., 12 ORDER ENTERING STIPULATED Plaintiffs, PROTECTIVE ORDER REGARDING 13 CONFIDENTIAL INFORMATION v. 14 (ECF No. 32) MERRICK GARLAND, et al., 15 Defendants. 16 17 With the agreement of the parties, the Court has determined that there is good cause to 18 issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to govern the disclosure, 19 use, and handling by the parties and their respective agents, successors, personal representatives, 20 and assignees of certain information and items produced and received in discovery in the 21 above-captioned action. IT IS HEREBY ORDERED as follows: 22 1. Plaintiffs and Defendants in the above-captioned action are permitted to produce 23 non-privileged information contained in law enforcement records and communications or 24 produced at a deposition or hearing that is law enforcement sensitive and for official use only or 25 that is otherwise prohibited from disclosure by the Privacy Act, 5 U.S.C. § 552a, et seq. 26 (hereinafter referred to as “Protected Information”). The following terms govern with respect to 27 all such documents and information exchanged or disclosed by the parties in this action, whether before or after the entry of this Protective Order (“Order”). 1 2. Good Cause Statement. Defendants believe this action is likely to involve the 2 production of non-privileged information contained in law enforcement records and 3 communications or produced at a deposition or hearing. This non-privileged information is likely 4 law enforcement sensitive and for official use only, in that it may regard such things as law 5 enforcement activities and operations, internal policies, processes and procedures, and training 6 materials, all of which may be protected from disclosure under the Freedom of Information Act, 5 7 U.S.C. § 552(b)(7), or protected from disclosure under other federal law, or which is generally 8 unavailable to the public because its disclosure could adversely impact such things as a person’s 9 privacy or welfare or the conduct of programs or operations essential to the national interest, but 10 which a court may order to be produced. Some of this non-privileged information may also be 11 information prohibited from disclosure by the Privacy Act, 5 U.S.C. § 552a, et seq. (the “Privacy 12 Act”), as it may be personal information located in a Federal government “record” contained 13 within a “system of records” and therefore require the consent of that individual prior to disclosure 14 unless made “pursuant to the order of a court of competent jurisdiction.” Id. § 552a(b)(11). 15 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 16 over confidentiality of discovery materials, to adequately protect information Plaintiffs and 17 Defendants are entitled to keep confidential, to ensure that the Plaintiffs and Defendants are 18 permitted reasonable necessary uses of such material in preparation for trial, to address their 19 handling at the end of the litigation, and serve the ends of justice, a protective order for such 20 information is justified in this matter. 3. Definitions. 21 a. “Party” shall mean any party to this action, including all of its officers, 22 directors, employees, consultants, retained experts, and outside counsel of 23 record (and their support staff). 24 b. “Non-Party” shall mean any natural person, partnership, corporation, 25 association, or other legal entity not named as a Party to this action. 26 c. “Designating Party” shall mean the person, Party, or Non-Party who 27 designates information or documents as “Protected Information.” 1 d. “Producing Party” shall mean the person, Party, or Non-Party producing 2 discovery in this action. 3 e. “Receiving Party” shall mean any party who receives or is shown discovery 4 in this action. 5 f. “Document” shall mean all items listed in Fed. R. Civ. P. 34(a)(1)(A) and 6 (B). 7 4. Protected Information. The categories of Protected Information include: 8 a. Information, documents, or tangible things protected by the Privacy Act, 5 9 U.S.C. § 552a, et seq., without obtaining the prior written consent of the 10 individuals to whom such records or information pertain. 11 b. Personally Identifying Information (“PII”), which is information that 12 permits the identity of an individual to be directly or indirectly inferred, or 13 otherwise confidential information regarding any plaintiff, defendant, 14 employee or former employee of any defendant, or Non-Party, including 15 but not limited to date of birth, social security number, email addresses, 16 phone numbers, mailing addresses, or compensation information, that 17 would be protected or restricted from disclosure by statute, regulation, 18 internal agency policy or guidance, but disclosure of which may be 19 authorized by an order of this Court. 20 c. Non-public information that is designated or treated as (i) Law Enforcement Sensitive (“LES”), as well as (ii) information that is protected or restricted 21 from disclosure under the terms of any other statute or regulation, but which 22 the Court may order be produced. 23 d. All other protected documents, information, or tangible things not identified 24 above that the parties agree in writing or the Court orders qualify for 25 protection under Federal Rule of Civil Procedure 26(c). 26 5. Designations. It shall be the duty of the party producing the Protected Information 27 (“Producing Party”) to give notice of information it believes in good faith is covered by this Order. 1 A Party may designate information that it obtained from a Non-Party pursuant to this Order, if it 2 believes in good faith that it qualifies as Protected Information under this Order. Protected 3 Information shall be designated as such by stamping the phrase “CONFIDENTIAL – SUBJECT 4 TO PROTECTIVE ORDER,” or a similar marking, on each page of any document or record 5 containing Protected Information prior to the production of such document or record. For 6 Protected Information whose medium makes such marking impracticable, such as native electronic 7 files, a Producing Party shall mark any CD-ROM or other storage medium, and/or any 8 accompanying paper or email cover letter with “Confidential – Subject to Protective Order,” or a 9 similar marking. Categories of documents may be marked generally if the identification of 10 individual documents is impracticable. 11 6. A Producing Party may designate as “Attorneys’ Eyes Only Information” any 12 Protected Information the disclosure of which to another Party or Non-Party would create a 13 substantial risk of serious harm that could not be avoided by less restrictive means. To do so, a 14 Producing Party shall add the marking “ATTORNEYS’ EYES ONLY” to the markings described 15 in Paragraph 5. If the Receiving Party disagrees with such marking, it will notify the Producing 16 Party and inform the Producing Party why it believes the designation is improper, and the Parties 17 will meet and confer in good faith about the designation within seven (7) business days. If the 18 Parties cannot come to an agreement on the designation, the Producing Party has seven (7) 19 additional business days to raise the issue with the Court, such as by moving for a protective order. 20 The Producing Party’s failure to seek relief from the Court relegates the documents originally designated as ATTORNEYS’ EYES ONLY to ordinary protected status under this Order. During 21 the seven (7) business days the Producing Party is allotted to raise the dispute with the Court and 22 while the motion with the Court is pending, any information designated as ATTORNEYS’ EYES 23 ONLY will be treated as such. Each Party should segregate materials marked ATTORNEYS’ 24 EYES ONLY from other Confidential Information to prevent disclosure. Material marked 25 ATTORNEYS’ EYES ONLY may not be disclosed to Named Parties, but may be disclosed to: (1) 26 the Parties’ counsel of record and agency counsel, including their associates, clerks, paralegals, 27 litigation support personnel, and such other regular and temporary employees who assist counsel 1 in connection with the action; (2) any court adjudicating part of this matter, including judges, law 2 clerks, assistants, interpreters, and stenographic personnel; (3) any persons specified in Paragraph 3 9(d), (e), (f), or (g) of this Order, once such person or persons have read this Order and agrees in 4 writing to be bound by its terms in the form attached hereto as Exhibit A. 5 7. Designations – Testimony. For any deposition or examination testimony, when 6 the deponent, their counsel, or any Party notes that a question, answer, or line of questioning is 7 likely to involve information subject to this Order or likely to result in the disclosure of Protected 8 Information, that person should so state on the record or by the conclusion of the deposition 9 should state on the record that they believe certain questions, answers, or lines of questioning are 10 Protected Information. Any Party shall have twenty-one (21) days after receipt of the transcript to 11 designate the deposition transcript, or portions thereof, as Protected Information by providing 12 written notice to all counsel of record. During that twenty-one (21) day period, any questions, 13 answers, or lines of questioning believed to be Protected Information as so stated on the record 14 shall be treated as Protected Information until that twenty-one (21) day period elapses. At the end 15 of the twenty-one (21) days, only those portions of the transcript so designated as Protected 16 Information by a Party through written notice to all counsel of record shall be considered 17 Protected Information. Additionally, at the end of the twenty-one (21) day period, the non- 18 designating Party may challenge the designation of any such question, answer, or line of 19 questioning pursuant to the procedures set forth in Paragraph 16. Upon being informed that 20 certain portions of a transcript are designated as Protected Information, each Party must have each copy in their custody, possession, or control immediately marked with the appropriate designation 21 at the appropriate pages. 22 8. Access to Protected Information. Except as provided in this Order, all Protected 23 Information produced or exchanged subject to this Order shall be used solely for the purposes of 24 this action and for no other purpose whatsoever, and shall not be published to the general public in 25 any form, or otherwise disclosed, disseminated, or transmitted to any person, entity, or 26 organization, except in accordance with the terms of this Order. 27 1 9. Notwithstanding Paragraph 7 of this Order, Documents designated 2 “Confidential - Subject to Protective Order” or a similar marking may be disclosed to the 3 following: 4 a. The Court and its official personnel; 5 b. Counsel of record for the parties; 6 c. Associates and staff of the counsel of record for the parties, including 7 agency counsel, paralegals, office clerks, and other support staff whose 8 assistance is required by the counsel working on the case; 9 d. Employees of the Federal Government with a need to have access to such 10 documents in connection with this litigation, including supervisory officials 11 of one of the Defendants or the Department of Justice, provided however 12 that this Order shall not prevent any federal employee from having access to 13 records to which such employee would normally have access in the regular 14 course of his or her employment; 15 e. Outside experts, witnesses, consultants, or others retained in connection 16 with this action and their staff, to the extent such disclosure is necessary for 17 preparation for trial, at trial, or at other proceedings in this case; 18 f. Trial witnesses and deponents in discovery, court reporting personnel, 19 translators, and videographers during depositions; 20 g. Outside litigation support personnel retained by counsel of record to assist in the preparation and/or litigation of the action, including contract 21 attorneys, outside copying service vendors, or electronic document 22 management vendors; and 23 h. Other persons by written agreement of counsel of record for the parties or 24 further order of the Court. 25 10. All persons, including the Parties and their respective counsel, to whom Protected 26 Information is disclosed, are hereby prohibited from disclosing information designated as 27 Protected Information to any unauthorized person, except as provided in this Order. 1 11. Prior to disclosing any document designated as Protected Information to any person 2 listed in Paragraphs 9(d), (e), (f), (g), and (h), counsel shall provide such person with a copy of this Order 3 and obtain from such person the completed acknowledgment attached as Exhibit A stating that he or 4 she has read this Order and agrees to be bound by its provisions and subject to this Court’s 5 jurisdiction. All such acknowledgments shall be retained by counsel for each respective party and 6 shall be subject to in camera review by the Court if good cause is demonstrated by the opposing party. 7 12. Copies, Summarizations, Extracts Protected. Protected Information designated 8 under this Order may include, without limitation: (a) all copies, extracts, and complete or partial 9 summaries prepared from such documents, things, or information so designated; (b) portions of 10 deposition transcripts and exhibits to deposition transcripts that contain, summarize, or reflect the 11 content of any such documents, things, or information; and (c) portions of briefs, memoranda, or 12 any other writings filed with the Court and exhibits thereto that contain, summarize, or reflect the 13 content of any such documents, things, or information, provided that any publicly filed document 14 containing Protected Information as defined above and in this paragraph meets the applicable 15 standard required to limit its public disclosure. A Party may make a request to the Producing 16 Party that certain material contained in the materials specified in subsections (a)-(c) not be treated 17 as Protected Information, or be redacted. Before any material described in subsections (a)-(c) is 18 shared with anyone not authorized by this Protective Order to receive Protected Information or 19 filed on the public docket, the Receiving Party must first notify the Producing Party of what 20 Protected Information may be implicated in the materials it intends to share or file, and the Parties shall meet and confer in good faith within seven (7) days of any such request or notice. If, after 21 the meet and confer process, the Parties are not in agreement as to whether the material in question 22 is Protected Information, the Receiving Party may move the Court for a ruling on the dispute in 23 accordance with Paragraph 13 or Paragraph 16. 24 13. Briefs or Filings Containing Protected Information. If the Receiving Party 25 seeks to file anything on the public docket containing or disclosing Protected Information, it must 26 either (1) seek and obtain Court approval to file the Protected Information under seal; or (2) meet 27 and confer with the Producing Party at least seven (7) business days before filing regarding 1 whether the Parties can agree that some or all of the Protected Information can be filed on the 2 public docket. If the Receiving Party files Protected Information under seal, then the Receiving 3 Party must meet and confer with the Producing Party within seven (7) business days after the 4 sealed filing to attempt to agree on proposed redactions for a public version of the sealed filing. If 5 the parties cannot agree on a public filing with some or all of the Protected Information redacted, 6 the Receiving Party may move the Court for a ruling on the dispute pursuant to the procedures in 7 Paragraph 16. 8 14. Court Hearings And Other Pre-Trial Proceedings. Before a Party seeks to use 9 Protected Information in open court in pre-trial proceedings, the Party intending to use Protected 10 Information shall provide reasonable notice of the potential disclosure of Protected Information to 11 the Court and the opposing party, so that the opposing Party or any Non-Party may apply to the 12 Court for appropriate protection in advance of its use in open court, such as a request to clear the 13 courtroom of persons not entitled to receive Protected Information pursuant to Paragraph 7 or to 14 close the proceedings. If a Party seeks to use Protected Information solely to impeach a witness, 15 the Party shall provide notice to opposing counsel immediately before using the Protected 16 Information and provide an opportunity for opposing counsel to move to restrict use of the 17 document or information. The Parties may agree in writing to exempt categories of Protected 18 Information and/or particular documents or information from the restrictions of this Order. If the 19 parties so agree in writing, such exempted information may be disseminated without restriction 20 and used in this proceeding on the public record, pursuant to 5 U.S.C. § 552a(b)(11). 15. Testimony At Pretrial Court Hearings And Other Proceedings. All testimony 21 elicited during hearings and other proceedings that counsel for a Party or Non-Party indicated on 22 the record may be subject to the protections of this Order shall be deemed Protected Information 23 until the expiration of ten (10) days after delivery of a copy of the transcript of the testimony by 24 the court reporter to counsel who requested a copy of the transcript. Within the ten (10) day 25 period following such mailing of the transcript, any Party may move to designate all or any 26 portion of the testimony as Protected Information. Upon being informed that certain portions of a 27 transcript are designated as Protected Information, each Party must have each copy in their 1 custody, possession, or control immediately marked with the appropriate designation at the 2 appropriate pages. 3 16. Challenge To Designations. At any time prior to the pretrial conference, a Party 4 may object to the designation of a document or information as Protected Information by giving 5 written notice via email to all counsel for the other Party and the grounds for the objection. The 6 objecting Party shall request to meet and confer with the other Party prior to submitting the 7 dispute to the Court for a ruling. If the dispute is not resolved consensually between the parties 8 within seven (7) business days of receipt of such a notice of objections, the objecting party may 9 move the Court for a ruling on the objection. The documents or information at issue must be 10 treated as Protected Information until the Court has ruled on the objection or the matter has been 11 otherwise resolved. 12 17. Inadvertent Disclosure Of Protected Material. The failure by a Producing Party 13 to designate specific documents or information as Protected Information shall not, by itself, be 14 deemed a waiver in whole or in part of a claim of confidentiality as to such documents or 15 information. Upon written notice to the Receiving Party of such failure to designate, or of 16 incorrect designation, the Receiving Party shall cooperate to retrieve disseminated copies, and 17 restore the confidentiality of the inadvertently disclosed information beyond those persons 18 authorized to review such information pursuant to Paragraph 8, and shall thereafter take 19 reasonable steps to ensure that the Protected Information is treated in accordance with the 20 designation. No person or Party shall incur any liability under this Order with respect to disclosure that occurred prior to the receipt of written notice of the mistaken designation. 21 18. Disclosure To Unauthorized Persons. If information subject to this Order is 22 disclosed to any unauthorized person either through inadvertence, mistake, or otherwise without 23 authorization by the Producing Party, or other than in the manner authorized by this Order, the 24 person responsible for the disclosure shall immediately (a) inform the Producing Party of all 25 pertinent facts relating to such disclosure, including without limitation, the name, address, and 26 telephone number of the recipient and his or her employer; (b) use his or her best efforts to retrieve 27 the disclosed information and all copies thereof; (c) advise the recipient of the improperly 1 disclosed information, in writing, of the terms of this Order; (d) make his or her best efforts to 2 require the recipient to execute an agreement to be bound by the terms of this Order in the form of 3 the declaration attached to this Order as Exhibit A; and (e) take all other reasonable steps to 4 prevent further disclosure by or to the unauthorized person who received the Protected 5 Information. 6 19. Good Faith Designations. Each Party agrees that designation of Protected 7 Information and responses to requests to permit further disclosure of Protected Information shall 8 be made in good faith and not: (a) to impose burden or delay on an opposing Party, or (b) for 9 tactical or other advantage in litigation. Further, each Party agrees to make best efforts to avoid as 10 much as possible inclusion of Protected Information in briefs and other captioned documents filed 11 in court, in order to minimize sealing and designating such documents as Protected Information. 12 20. Use Of Information Subject To Order. The Receiving Party’s use of any 13 information or documents obtained from the Producing Party designated as Protected Information 14 pursuant to this Order shall be restricted to use in this litigation (subject to the applicable rules of 15 evidence and subject to the confidentiality of such materials being maintained) and shall not be 16 used by anyone subject to the terms of this agreement, for any purpose outside of this litigation or 17 any other proceeding between the Parties, except as otherwise provided in this Order. 18 21. Meet And Confer. Prior to filing any motion or application before the Court to 19 enforce this Order, the moving party shall notify the other Parties in writing and meet and confer 20 in good faith in an attempt to resolve their dispute. If the non-moving Party fails to meet and confer within seven (7) business days of receiving notice under this Paragraph of the moving 21 Party’s intent to file a motion or application to enforce this Order, the moving Party may file the 22 motion or application without such a conference. 23 22. Other Actions. If any Party or Non-Party who has received Protected Information 24 is (a) subpoenaed in another action, (b) served with a demand in another action to which it is a 25 Party, or (c) served with any legal process by one not a party to this action, seeking information or 26 material which was produced or designated as Protected Information by any Party, that Party or 27 Non-Party shall give prompt actual written notice by e-mail within ten (10) business days of 1 receipt of such subpoena, demand, or legal process, to counsel for those who created the Protected 2 Information prior to compliance with the subpoena so as to allow those creators to seek protection 3 from the relevant court(s). 4 23. Duration And Return. Even after final disposition of this action, the 5 confidentiality obligations imposed by this Order shall remain in effect until a Designating Party 6 agrees otherwise in writing or a court order otherwise directs. This does not apply to any 7 Protected Information introduced as an exhibit for trial. For records the Parties intend to disclose 8 at trial, the obligations under this Order are inapplicable, and the Parties agree to negotiate the 9 terms of any renewed Protective Order for trial exhibits prior to the commencement of trial. For 10 Protected Information not disclosed at trial, the Parties and any other person(s) or entity subject to 11 the terms of this Order agree that the Court shall retain jurisdiction over it and them for the 12 purpose of enforcing this Order. Final termination of the litigation, including exhaustion of 13 appellate remedies, shall not terminate the limitations on use and disclosure imposed by this 14 Order. 15 24. Unless otherwise instructed by the Court, within sixty (60) days after final 16 conclusion of all aspects of this litigation, including any appeals, any party or person who received 17 Protected Information not disclosed at trial shall certify to the opposing parties that those 18 documents containing such Protected Information and that were not made public at trial (i) have 19 been returned to counsel of record for the Producing Party, or (ii) have been destroyed. However, 20 counsel of record for the Parties shall be entitled to retain all litigation documents filed with the Court, including exhibits filed under seal, copies of depositions, hearings, trial transcripts, and 21 attorney work product containing Protected Information. Such litigation documents and 22 memoranda shall be used only for the purpose of preserving files on this action, and shall not, 23 without the written permission of the Designating Party or an order of this Court, be disclosed to 24 anyone other than those to whom such information was actually disclosed, in accordance with this 25 Order, during the course of this litigation. 26 25. Amendment Or Termination. This Order is without prejudice to the right of any 27 Party to apply at any time for additional protection, or to amend, modify, or rescind the restrictions 1 of this Order. The Party must provide written notice to counsel of record for all parties in this 2 action specifying the portion(s) of this Order it seeks to amend, modify, or rescind and any 3 additional provisions it may seek to add to the Order at least seven (7) business days in advance of 4 filing any such motion. The parties expressly reserve the right to seek modification, amendment, 5 or rescission of this Order by mutual agreement in writing. 6 26. Enforcement. All persons to whom Protected Information is disclosed shall be 7 subject to the jurisdiction of this Court, for the purpose of enforcing this Order. This Order shall 8 continue in full force and effect, and shall be binding upon the parties and all persons to whom 9 Protected Material has been disclosed, both during and after the pendency of this case. 10 27. Limitations. Nothing in this Order shall be deemed to restrict in any manner the 11 use by any Party of its own documents or materials. Nothing in this Order should be construed as 12 prohibiting a Non-Party from seeking additional protections of records or information that it owns 13 or controls. 14 28. All Objections, Redactions, Withholdings, Rights Preserved. This Order is 15 intended to provide a mechanism for handling the disclosure or production of Protected 16 Information to which there is no objection other than confidentiality. The protection afforded by 17 this Order shall in no way affect a Party’s right to withhold, redact documents, or seek to designate 18 information as: (a) privileged under the Attorney-Client or other privilege, (b) protected by the 19 Attorney Work Product Doctrine, (c) protected by the Law Enforcement Privilege, Deliberative 20 Process Privilege, or other similar privilege; or (d) otherwise exempted from discovery under Rule 26 of the Federal Rules of Civil Procedure or under any law. Additionally, this Order shall not 21 prejudice the right of a Party to: (a) seek additional protective treatment for any information it 22 considers to be very highly sensitive, or otherwise exempt from disclosure, such that the 23 protections in this Order would be insufficient, (b) object to the designation of any document or 24 information as Protected Information, or (c) seek any modification of or relief from any provision 25 of this Order, either generally or as to any particular Protected Information, by properly noticed 26 motion with notice to all Parties and their respective counsel. 27 1 29. This Order does not constitute any ruling on the question of whether any particular 2 document or category of information is subject to the Privacy Act or is otherwise properly 3 discoverable, and does not constitute any ruling on any potential objection to the discoverability, 4 relevance, or admissibility of any document or information. 5 30. Nothing in this Order waives Defendants’ right to use, disclose, or disseminate the 6 Protected Information in accordance with the Privacy Act or other statutes, regulations, or policies. 7 31. Nothing in this Order shall be construed as a waiver of any defense, right, 8 objection, or claim by any party, including any objection to the production of documents and any 9 claim of privilege or other protection from disclosure, and this Order shall not be precedent for 10 adopting any procedure with respect to the disclosure of any such other information. 11 32. Nothing in this Order shall require production of information that is prohibited 12 from disclosure (even with the entry of this Order) by other applicable privileges, statutes, 13 regulations, or authorities. 14 33. Pursuant to 5 U.S.C. § 552a(b)(11), Defendants are authorized to disclose to 15 Plaintiffs’ counsel, the Court, and those persons defined in Paragraph 9 of this Order, records or 16 information containing Privacy Act-protected material, without redacting such material, without 17 obtaining prior written consent of the individuals whose names, addresses, and other identifying 18 information may be present in such documents. Such disclosure is subject to the conditions set 19 forth in this Order. So long as counsel for Defendants exercise reasonable efforts to prevent the 20 disclosure of information protected from disclosure by the Privacy Act, 5 U.S.C. § 552a, other than as permitted under the terms of this Order, disclosures under this Order, including inadvertent 21 disclosures of such information, shall not be construed as a violation of the Privacy Act. 22 34. No deadlines set forth herein shall conflict with either the U.S. District Court for 23 the District of the Eastern District of California Local Rules or any order by the Court. In the 24 instance of a conflict, the deadlines set forth by the Local Rules or any order by the Court shall be 25 the deadlines herein. 26 / / / 27 / / / 1 EXHIBIT A 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 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 THE CHURCH OF THE CELESTIAL Case No. 1:23-cv-00545-SAB 10 HEART, et al., CONFIDENTIALITY UNDERTAKING 11 Plaintiffs, 12 v. 13 MERRICK GARLAND, et al., 14 Defendants. 15 16 I hereby certify that: (i) I have read the Protective Order (the “Order”) that has been 17 entered by the Court in the above-captioned matter, and I understand its terms; (ii) I understand 18 that Confidential Information subject to the terms of the Order is being provided to me pursuant 19 to the terms of the Order; (iii) I agree to be fully bound by the provisions of the Order, including 20 its provisions restricting disclosure of Confidential Information under the Order and limiting the 21 use of such material; (iv) I hereby submit to the jurisdiction of the United States District Court 22 for the Eastern District of California for purposes of enforcement of the Order; and (v) I 23 understand that violation of the Order may be punishable by contempt of Court and may be 24 subject to such further relief as the Court may order. 25 26 27 Dated: ________________________ Signature: _____________________________ Printed Name: __________________________ 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 9 filed under seal will require a written request which complies with Local Rule 10 141; 11 4. The party making a request to file documents under seal shall be required to 12 show either good cause or compelling reasons to seal the documents, depending 13 on the type of filing, Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th 14 Cir. 2009); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th 15 Cir. 2016); and 16 5. If a party’s request to file Protected Material under seal is denied by the Court, 17 then the previously filed material shall be immediately accepted by the court and 18 become information in the public record and the information will be deemed 19 filed as of the date that the request to file the Protected Information under seal 20 was made. 21 IT IS SO ORDERED. OF. nf ee 23 | Dated: _May 15, 2024 _ ee UNITED STATES MAGISTRATE JUDGE 25 26 27 28