United States District Court, E.D. California
| COHN | STILES, Neil K. Gehlawat Attorney for Plaintiff
OFFICE OF THOMAS C. SEABAUGH, Thomas C. Seabaugh Attorney for
COUNSEL, COUNTY OF KERN, Marshall S. Fontes Attorney for
Defendant, County of Kern
WEAKLEY & ARENDT. LLP, James D. Weakley Attorney for
Defendant, Cesar Navejar
PROTECTIVE ORDER (DOC. 28)
JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE
NOW the Parties in this matter and jointly present this
Protective Order for the Court’s approval.
PURPOSE AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the Parties in Jane Doe v. County of Kern and Cesar Navejar,
USDC Eastern District of California Case No.
1:15-CV-01637-DAD-JLT petitioned the Court to enter the
following Protective Order. Good Cause appearing, the Court
ORDERS as follows:
Order does not confer blanket protections on all disclosures
or responses to discovery and that the protection it affords
from public disclosure and use extends only to the limited
information or items that are entitled to confidential
treatment under the applicable legal principals. As set forth
in Section 12.3, below, this Protective Order does not
entitle the parties to file confidential information under
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
“CONFIDENTIAL” Information or items: information
(regardless of how it is generated, stored or maintained) or
tangible things that qualify for protection under Federal
Rule of Civil Procedure26(c).
Counsel (without qualifier): Outside Counsel of Record and
House Counsel (as well as their support staff).
Designating party: a Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as “CONFIDENTIAL.”
Disclosure or Discovery Material: all items or information,
regardless of the medium or manner in which it is generated,
store, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are
produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or experience in
a matter pertinent to the litigation who has been retained by
a Party or its counsel to serve as an expert witness or as a
consultant in this action.
House Counsel: attorneys who are employees of a party to this
action. House Counsel does not include Outside Counsel of
Record or any other outside counsel.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not names as a Party to
Outside Counsel of Record: attorneys who are not employees of
a party to this action but are retained to represent or
advise a party to this action and have appeared in this
action on behalf of that party or are affiliated with a law
firm which has appeared on behalf of that party.
Party: any party to this action, including all of its
officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that provide
litigation support services (e.g., photocopying, videotaping,
translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or
medium) and their employees and subcontractors.
Protected Material: any Disclosure or Discovery Material that
is designated as “CONFIDENTIAL.” 2.14 Receiving
Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after
its disclosure to a Receiving Party as a result of
publication not involving a violation of this Order,
including becoming part of the public record through trial or
otherwise; and (b) any information known to the Receiving
Party prior to the disclosure or obtained by the Receiving
Party after the disclosure from a source who obtained the
information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until Designating Party agrees otherwise in
writing or a court order otherwise directs. Final disposition
shall be deemed to be the later of (1) dismissal of all
claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials or