Keeton v. Powerschool Group LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11|| BRITTANY KEETON, Case No. 2:24-cv-01174-DAD-CSK 12 Plaintiff, ORDER GRANTING MODIFIED 3 y STIPULATED PROTECTIVE ORDER (ECF No. 16.) POWERSCHOOL GROUP, LLC, 15 Defendant. 16 17 The Court has reviewed the parties’ stipulated protective order below (ECF No. 1¢ 18]| and finds it comports with the relevant authorities and the Court’s Local Rule. See L.R. 19|| 141.1. The Court APPROVES the protective order, subject to the following clarification. 20 The Court’s Local Rules indicate that once an action is closed, it “will not retain 21]| jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R 22|| 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 25 || Court will not retain jurisdiction over this protective order once the case is closed. 26 Dated: September 11, 2024 C i s \U 28 GHI 500 KIM UNITED STATES MAGISTRATE JUDGE 1 4, keet1174.24 2 SMITH KRIVOSHEY, PC Yeremey O. Krivoshey (SBN 295032) 3 166 Geary Str STE 1500-1507 San Francisco, CA 94108 4 Telephone: 415-839-7077 5 Facsimile: (888) 410-0415 E-Mail: yeremey@skclassactions.com 6 SMITH KRIVOSHEY, PC 7 Joel D. Smith (SBN 244902) 8 867 Boylston Street 5th Floor #1520 Boston, MA 02116 9 Telephone: 617-377-4704 Facsimile: (888) 410-0415 10 E-Mail: joel@skclassactions.com 12 Attorneys for Plaintiff 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 BRITTANY KEETON, on Behalf of Herself and all Others Similarly Case No.: 2:24-cv-01174-DAD-CSK 17 Situated, 18 Plaintiff, STIPULATED PROTECTIVE 19 vs. ORDER 20 POWERSCHOOL GROUP LLC, Judge: Hon. Dale A. Drozd 21 Defendant. 22 23 1. PURPOSES AND LIMITATIONS 24 Disclosure and discovery activity in this action are likely to involve production 25 of confidential, proprietary, or private information for which special protection from 26 public disclosure and from use for any purpose other than prosecuting this litigation 27 may be warranted. Accordingly, the parties hereby stipulate to and petition the court 28 to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery 1 and that the protection it affords from public disclosure and use extends only to the 2 limited information or items that are entitled to confidential treatment under the 3 applicable legal principles. The parties further acknowledge, as set forth in Section 4 12.3, below, that this Stipulated Protective Order does not entitle them to file 5 confidential information under seal; Civil Local Rule 141 sets forth the procedures 6 that must be followed and the standards that will be applied when a party seeks 7 permission from the court to file material under seal. 8 2. DEFINITIONS 9 2.1 Challenging Party: a Party or Non-Party that challenges the designation 10 of information or items under this Order. 12 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 13 how it is generated, stored or maintained) or tangible things that a Designating Party 14 asserts qualify for protection under Federal Rule of Civil Procedure 26(c). 15 2.3 Counsel (without qualifier): Outside Counsel of Record and House 16 Counsel (as well as their support staff). 17 2.4 Designating Party: a Party or Non-Party that designates information or 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY.” 21 2.5 Disclosure or Discovery Material: all items or information, regardless of 22 the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced or 24 generated in disclosures or responses to discovery in this matter. 25 2.6 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 an expert witness or as a consultant in this action. 28 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive “Confidential Information or Items,” 1 disclosure of which to another Party or Non-Party would create a substantial risk of 2 serious harm that could not be avoided by less restrictive means. 3 2.8 House Counsel: attorneys who are employees of a party to this action. 4 House Counsel does not include Outside Counsel of Record or any other outside 5 counsel. 6 2.9 Non-Party: any natural person, partnership, corporation, association, or 7 other legal entity not named as a Party to this action. 8 2.10 Outside Counsel of Record: attorneys who are not employees of a party 9 to this action but are retained to represent or advise a party to this action and have 10 appeared in this action on behalf of that party or are affiliated with a law firm which 12 has appeared on behalf of that party. 13 2.11 Party: any party to this action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this action. 18 2.13 Professional Vendors: persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY.” 25 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 26 from a Producing Party. 27 3. SCOPE 28 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or 1 extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. 4 However, the protections conferred by this Stipulation and Order do not cover the 5 following information: (a) any information that is in the public domain at the time of 6 disclosure to a Receiving Party or becomes part of the public domain after its 7 disclosure to a Receiving Party as a result of publication not involving a violation of 8 this Order, including becoming part of the public record through trial or otherwise; 9 and (b) any information known to the Receiving Party prior to the disclosure or 10 obtained by the Receiving Party after the disclosure from a source who obtained the 12 information lawfully and under no obligation of confidentiality to the Designating 13 Party. Any use of Protected Material at trial shall be governed by a separate 14 agreement or order. 15 4. DURATION 16 Even after final disposition of this litigation, the confidentiality obligations 17 imposed by this Order shall remain in effect until a Designating Party agrees 18 otherwise in writing or a court order otherwise directs. Final disposition shall be 19 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 20 or without prejudice; and (2) final judgment herein after the completion and 21 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 22 including the time limits for filing any motions or applications for extension of time 23 pursuant to applicable law. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under 27 this Order must take care to limit any such designation to specific material that 28 qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written 1 communications that qualify – so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations 5 that are shown to be clearly unjustified or that have been made for an improper 6 purpose (e.g., to unnecessarily encumber or retard the case development process or to 7 impose unnecessary expenses and burdens on other parties) expose the Designating 8 Party to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it 10 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the mistaken designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 a. For information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that 23 contains protected material. If only a portion or portions of the material on a page 24 qualifies for protection, the Producing Party also must clearly identify the protected 25 portion(s) (e.g., by making appropriate markings in the margins) and must specify, 26 for each portion, the level of protection being asserted. 27 A Party or Non-Party that makes original documents or materials available for 28 inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection 1 and before the designation, all of the material made available for inspection shall be 2 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 3 inspecting Party has identified the documents it wants copied and produced, the 4 Producing Party must determine which documents, or portions thereof, qualify for 5 protection under this Order. Then, before producing the specified documents, the 6 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or 7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that 8 contains Protected Material. If only a portion or portions of the material on a page 9 qualifies for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins) and must specify, 12 for each portion, the level of protection being asserted. 13 b. for testimony given in deposition or in other pretrial or trial proceedings, 14 that the Designating Party identify on the record, before the close of the deposition, 15 hearing, or other proceeding, all protected testimony and specify the level of 16 protection being asserted. 17 When it is impractical to identify separately each portion of testimony that is 18 entitled to protection and it appears that substantial portions of the testimony may 19 qualify for protection, the Designating Party may invoke on the record (before the 20 deposition, hearing, or other proceeding is concluded) a right to have up to 21 days 21 after the deposition, hearing, or other proceeding is concluded or 14 days after the 22 delivery (or the availability) of the transcript of the deposition, hearing, or other 23 proceeding (if the Designating Party first invoked the right on the record at the 24 relevant deposition, hearing, or other proceeding), whichever is later, to identify the 25 specific portions of the testimony as to which protection is sought and to specify the 26 level of protection being asserted. Only those portions of the testimony that are 27 appropriately designated for protection within this timeframe shall be covered by the 28 provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at a deposition or up to 21 days afterwards if that period is properly invoked, 1 that the entire transcript of the deposition shall be treated as “CONFIDENTIAL” or 2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 3 Parties shall give the other parties notice if they reasonably expect a 4 deposition, hearing or other proceeding to include Protected Material so that the other 5 parties can ensure that only authorized individuals who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A) or are otherwise 7 covered by this Stipulated Protective Order are present at those proceedings. The use 8 of a document as an exhibit at a deposition shall not in any way affect its designation 9 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY.” 12 Transcripts containing Protected Material shall have an obvious legend on the 13 title page that the transcript contains Protected Material, and the title page shall be 14 followed by a list of all pages (including line numbers as appropriate) that have been 15 designated as Protected Material and the level of protection being asserted by the 16 Designating Party. The Designating Party shall inform the court reporter of these 17 requirements. Where the right to designate has been properly and timely invoked, any 18 transcript that is prepared before the expiration of the period for designation shall be 19 treated during that period as if it had been designated “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the 21 expiration of that period, the transcript shall be treated only as actually designated. 22 c. for information produced in some form other than documentary and for 23 any other tangible items, that the Producing Party affix in a prominent place on the 24 exterior of the container or containers in which the information or item is stored the 25 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY.” If only a portion or portions of the information or item warrant protection, 27 the Producing Party, to the extent practicable, shall identify the protected portion(s). 28 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the 1 Designating Party’s right to secure protection under this Order for such material. 2 Upon timely correction of a designation, the Receiving Party must make reasonable 3 efforts to assure that the material is treated in accordance with the provisions of this 4 Order. 5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 7 designation of confidentiality at any time. Unless a prompt challenge to a 8 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 9 substantial unfairness, unnecessary economic burdens, or a significant disruption or 10 delay of the litigation, a Party does not waive its right to challenge a confidentiality 12 designation by electing not to mount a challenge promptly after the original 13 designation is disclosed. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 resolution process by providing written notice of each designation it is challenging 16 and describing the basis for each challenge. To avoid ambiguity as to whether a 17 challenge has been made, the written notice must recite that the challenge to 18 confidentiality is being made in accordance with this specific paragraph of the 19 Protective Order. The parties shall attempt to resolve each challenge in good faith and 20 must begin the process by conferring directly (in voice-to-voice dialogue; other forms 21 of communication are not sufficient) within 14 days of the date of service of notice. 22 In conferring, the Challenging Party must explain the basis for its belief that the 23 confidentiality designation was not proper and must give the Designating Party an 24 opportunity to review the designated material, to reconsider the circumstances, and, if 25 no change in designation is offered, to explain the basis for the chosen designation. A 26 Challenging Party may proceed to the next stage of the challenge process only if it 27 has engaged in this meet and confer process first or establishes that the Designating 28 Party is unwilling to participate in the meet and confer process in a timely manner. 1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 2 court intervention, the Designating Party shall file and serve a motion to retain 3 confidentiality under Civil Local Rule 251 (and in compliance with Civil Local Rule 4 141, if applicable) within 21 days of the initial notice of challenge or within 14 days 5 of the parties agreeing that the meet and confer process will not resolve their dispute, 6 whichever is later, or by a different date that is mutually agreed to by the Designating 7 Party and the Challenging Party. Each such motion must be accompanied by a 8 competent declaration affirming that the movant has complied with the meet and 9 confer requirements imposed in the preceding paragraph. Failure by the Designating 10 Party to make such a motion, including the required declaration, within the timeframe 12 set forth in this paragraph, shall automatically waive the confidentiality designation 13 for each challenged designation (other than those that the Parties have been able to 14 resolve and agree upon as part of an ongoing meet and confer process). In addition, 15 the Challenging Party may file a motion challenging a confidentiality designation at 16 any time if there is good cause for doing so, including a challenge to the designation 17 of a deposition transcript or any portions thereof. Any motion brought pursuant to 18 this provision must be accompanied by a competent declaration affirming that the 19 movant has complied with the meet and confer requirements imposed by the 20 preceding paragraph. 21 The burden of persuasion in any such challenge proceeding shall be on the 22 Designating Party. Frivolous challenges, and those made for an improper purpose 23 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 24 expose the Challenging Party to sanctions. Unless the Designating Party has waived 25 the confidentiality designation by failing to file a motion to retain confidentiality as 26 described above, all parties shall continue to afford the material in question the level 27 of protection to which it is entitled under the Producing Party’s designation until the 28 court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 case only for prosecuting, defending, or attempting to settle this litigation. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the litigation has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 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 14 otherwise ordered by the court or permitted in writing by the Designating Party, a 15 Receiving Party may disclose any information or item designated 16 “CONFIDENTIAL” only to: 17 a. the Receiving Party’s Outside Counsel of Record in this action, as well 18 as employees of said Outside Counsel of Record to whom it is reasonably necessary 19 to disclose the information for this litigation and who have signed the 20 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 21 b. the officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this litigation and 23 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 c. Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this litigation and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 d. The court and its personnel; 28 e. court reporters and their staff, professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 1 for this litigation and who have signed the “Acknowledgment and Agreement to Be 2 Bound” (Exhibit A); 3 f. during their depositions, witnesses in the action to whom disclosure is 4 reasonably necessary and who have signed the “Acknowledgment and Agreement to 5 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 6 by the court. Pages of transcribed deposition testimony or exhibits to depositions that 7 reveal Protected Material must be separately bound by the court reporter and may not 8 be disclosed to anyone except as permitted under this Stipulated Protective Order. 9 g. the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information. 12 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 14 writing by the Designating Party, a Receiving Party may disclose any information or 15 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 16 to: 17 a. the Receiving Party’s Outside Counsel of Record in this action, as well 18 as employees of said Outside Counsel of Record to whom it is reasonably necessary 19 to disclose the information for this litigation and who have signed the 20 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 21 b. the Receiving Party’s House Counsel, to whom disclosure is reasonably 22 necessary for this litigation and who have signed the “Acknowledgment and 23 Agreement to Be Bound” (Exhibit A); 24 c. Experts of the Receiving Party (1) to whom disclosure is reasonably 25 necessary for this litigation, (2) who have signed the “Acknowledgment and 26 Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in 27 paragraph 7.4(a)(1), below, have been followed; 28 d. the court and its personnel (so long as not made part of a public filing, unless ordered by the Court); 1 e. court reporters and their staff, professional jury or trial consultants, and 2 Professional Vendors to whom disclosure is reasonably necessary for this litigation 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); and 5 f. the author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the information. 7 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Experts. 9 (a)(1) Unless otherwise ordered by the court or agreed to in writing by the 10 Designating Party, a Party that seeks to disclose to an Expert (as defined in this 12 Order) any information or item that has been designated “HIGHLY 13 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b) first 14 must make a written request to the Designating Party that (1) identifies the full name 15 of the Expert and the city and state of his or her primary residence, and (2) identifies 16 the Expert’s current employer(s). 17 (b) A Party that makes a request and provides the information specified in the 18 preceding respective paragraphs may disclose the subject Protected Material to the 19 identified Expert unless, within 3 business days of delivering the request, the Party 20 receives a written objection from the Designating Party. Any such objection must set 21 forth in detail the grounds on which it is based. 22 (c) Absent a resolution concerning the grounds of the objection, within 7 days 23 of making a written objection (unless otherwise agreed by the Parties), the 24 Designating Party may file a motion (in compliance with Civil Local Rule 141, if 25 applicable) seeking a protective order barring disclosure of the information from the 26 identified Expert. In any such proceeding, the Party opposing disclosure to the 27 Expert shall bear the burden of proving that the risk of harm that the disclosure would 28 entail outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. Should a Designating Party not file a motion for protective order pursuant to 1 this paragraph within 7 days (or longer period agreed to by the Parties), then the 2 Receiving Party may disclose the information to the identified Expert pursuant to the 3 terms of this Stipulated Protective Order. 4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 PRODUCED IN OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other litigation 7 that compels disclosure of any information or items designated in this action as 8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY,” that Party must: 10 a. promptly notify in writing the Designating Party. Such notification shall 12 include a copy of the subpoena or court order; 13 b. promptly notify in writing the party who caused the subpoena or order to 14 issue in the other litigation that some or all of the material covered by the subpoena 15 or order is subject to this Protective Order. Such notification shall include a copy of 16 this Stipulated Protective Order; and 17 c. cooperate with respect to all reasonable procedures sought to be pursued 18 by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served 20 with the subpoena or court order shall not produce any information designated in this 21 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 22 EYES ONLY” before a determination by the court from which the subpoena or order 23 issued, unless the Party has obtained the Designating Party’s permission. The 24 Designating Party shall bear the burden and expense of seeking protection in that 25 court of its confidential material – and nothing in these provisions should be 26 construed as authorizing or encouraging a Receiving Party in this action to disobey a 27 lawful directive from another court. 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 The terms of this Order are applicable to information produced by a Non-Party 4 in this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 5 – ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 6 connection with this litigation is protected by the remedies and relief provided by this 7 Order. Nothing in these provisions should be construed as prohibiting a Non-Party 8 from seeking additional protections. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 16 persons to whom unauthorized disclosures were made of all the terms of this Order, 17 and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other protection, 23 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 may be established in an e-discovery order that provides for production without prior 26 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 parties reach an agreement on the effect of disclosure of a communication or 28 information covered by the attorney-client privilege or work product protection, the 1 parties may incorporate their agreement in the stipulated protective order submitted to 2 the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in this 9 Stipulated Protective Order. Similarly, no Party waives any right to object on any 10 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. Without written permission from the 13 Designating Party or a court order secured after appropriate notice to all interested 14 persons, a Party may not file in the public record in this action any Protected 15 Material. A Party that seeks to file under seal any Protected Material must comply 16 with Civil Local Rule 141. Protected Material may only be filed under seal pursuant 17 to a court order authorizing the sealing of the specific Protected Material at issue. 18 Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request 19 establishing that the Protected Material at issue is privileged, protectable as a trade 20 secret, or otherwise entitled to protection under the law. If a Receiving Party's request 21 to file Protected Material under seal pursuant to Civil Local Rule 141 is denied by the 22 court, then the Receiving Party may file the information in the public record pursuant 23 to Civil Local Rule 141 unless otherwise instructed by the court. 24 13. FINAL DISPOSITION 25 Within 60 days after the final disposition of this action, as defined in paragraph 26 4, each Receiving Party must return all Protected Material to the Producing Party or 27 destroy such material. As used in this subdivision, “all Protected Material” includes 28 all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or 1 destroyed, the Receiving Party must submit a written certification to the Producing 2 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 3 deadline that (1) identifies (by category, where appropriate) all the Protected Material 4 that was returned or destroyed and (2) affirms that the Receiving Party has not 5 retained any copies, abstracts, compilations, summaries or any other format 6 reproducing or capturing any of the Protected Material. Notwithstanding this 7 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 8 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 9 deposition and trial exhibits, expert reports, attorney work product, and consultant 10 and expert work product, even if such materials contain Protected Material. Any such 12 archival copies that contain or constitute Protected Material remain subject to this 13 Protective Order as set forth in Section 4 (DURATION). 14 IT IS SO STIPULATED, through Counsel of Record. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 Dated: September 11, 2024 Respectfully Submitted, 3 SMITH KRIVOSHEY, PC 4 By: /s/ Joel D. Smith 5 Joel D. Smith 6 Joel D. Smith (SBN 244902) 7 867 Boylston Street 5th Floor #1520 Boston, MA 02116 8 Telephone: 617-377-4704 Facsimile: (888) 410-0415 9 E-Mail: joel@skclassactions.com 10 SMITH KRIVOSHEY, PC 11 Yeremey O. Krivoshey (SBN 295032) 12 166 Geary Str STE 1500-1507 San Francisco, CA 94108 13 Telephone: 415-839-7077 14 Facsimile: (888) 410-0415 E-Mail: yeremey@skclassactions.com 15 Attorneys for Plaintiff 16 HOLLAND & KNIGHT LLP 17 18 By: /s/ Kristina S. Azlin 19 Kristina S. Azlin 20 Kristina S. Azlin (SBN 235238) 21 Kathryn J. Richards (SBN 346956) 400 South Hope Street, 8th Floor 22 Los Angeles, California 90071 23 Telephone: 213.896.2523 Fax: 213.896.2450 24 E-Mail: kristina.azlin@hklaw.com 25 kathryn.richards@hklaw.com 26 Attorneys for Defendant 27 PowerSchool Group LLC 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Eastern District of California on 7 [date] in the case of BRITTANY KEETON vs. POWERSCHOOL GROUP LLC, 8 Case No. 2:24-cv-01174-DAD-CSK. I agree to comply with and to be bound by all 9 the terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity 14 except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Eastern District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 25 Date: ______________________________________ 26 City and State where sworn and signed: _________________________________ 27 Printed name: _______________________________ 28 Signature: __________________________________