Peter Moses Gutierrez v. Amplify Energy Corporation

Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page1lof16 Page ID#:474 8 UNITED STATES DISTRICT COURT ? CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION [12] PETER MOSES GUTIERREZ, et al. Case No. 8:21-cv-01628-DOC(JDEx) 13 □ Judge: Hon. David O. Carter 14 | ants. STIPULATION AND PROPOSED 5 V. PROTECTIVE ORDER 16 AMPLIFY ENERGY CORP., et al. 7 Defendants. [18] 19 Pursuant to the Parties’ Stipulation (Dkt. 86, “Stipulation”), and for good cause 20 shown therein, the Court finds and orders as follows. 21 | 1, PURPOSES AND LIMITATIONS 22 Discovery in this Action (defined as the related cases identified below) is 23 likely to involve production of confidential, proprietary, or private information for 24 | which special protection from public disclosure and from use for any purpose other 25 || than prosecuting or defending the Action may be warranted. Accordingly, the parties 26 || identified in the signature panels of the Stipulation (“Parties’’) hereby stipulate to 27 || and petition the Court to enter the following Stipulated Protective Order. The Parties 28 acknowledge that this order (“Order” or “Stipulated Protective Order’’) does not -]- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page2of16 Page ID#:475 1 || confer blanket protections on all disclosures or responses to discovery and that the 2 || protection it affords from public disclosure and use extends only to the limited 3 || information or items that are entitled to confidential treatment under the applicable 4 || legal principles. 5 This Order applies to all information, documents, and things exchanged 1n or 6 || subject to discovery in this Action in response to or in connection with any 7 || discovery requests, including deposition testimony, interrogatories, answers to 8 || interrogatories, requests for admission, and responses to requests for admission, as 9 || well as documents, information, and things produced. 10 | 2. GOOD CAUSE STATEMENT 11 This Action is likely to involve trade secrets and other valuable research, 12 || development, commercial, financial, personal, technical, and/or proprietary 13 || information for which special protection from public disclosure and from use for any 14 || purpose other than prosecution of this Action is warranted. Such confidential and 15 || proprietary materials and information consist of, among other things, confidential 16 || business or financial information, information regarding confidential business 17 || practices, or other confidential research, development, or commercial information 18 || Gncluding information implicating privacy rights of third parties), information 19 || otherwise generally unavailable to the public, or which may be privileged or 20 || otherwise protected from disclosure under state or federal statutes, court rules, case 21 || decisions, or common law. Accordingly, to expedite the flow of information, to 22 || facilitate the prompt resolution of disputes over confidentiality of discovery 23 || materials, to adequately protect information the Parties are entitled to keep 24 || confidential, to ensure that the Parties are permitted reasonable necessary uses of 25 || such material in preparation for and in the conduct of trial, to address their handling 26 || at the end of the litigation, and serve the ends of justice, a protective order for such 27 || information is justified in this matter. It is the intent of the parties that information 28 || will not be designated under this Order for tactical reasons and that nothing be so -2- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 3of16 Page ID #:476 1 || designated without a good faith belief that it has been maintained in a confidential, 2 || non-public manner, and that there is good cause why it should not be part of the 3 || public record of this Action. 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 5 The Parties further acknowledge, as set forth in Section 14.3, below, that this 6 || Stipulated Protective Order does not entitle them to file confidential information 7 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 8 || and the standards that will be applied when a party seeks permission from the court 9 || to file material under seal. There is a strong presumption that the public has a right 10 || of access to judicial proceedings and records in civil cases. In connection with non11 || dispositive motions, good cause must be shown to support a filing under seal, see 12 || Kamakana vy. City and County of Honolulu, 447 F.3d 1172 , 1176 (9th Cir. 2006), 13 || Phillips v. Gen. Motors Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar14 || Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 15 || stipulated protective orders require good cause showing), and a specific showing of 16 || good cause or compelling reasons with proper evidentiary support and legal 17 || justification, must be made with respect to Protected Material that a party seeks to 18 || file under seal. The parties’ mere designation of Disclosure or Discovery Material as 19 || CONFIDENTIAL does not—without the submission of competent evidence by 20 || declaration, establishing that the material sought to be filed under seal qualifies as 21 || confidential, privileged, or otherwise protectable—constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 || compelling reasons, not only good cause, for the sealing must be shown, and the 24 || relief sought shall be narrowly tailored to serve the specific interest to be protected. 25 || See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 26 || each item or type of information, document, or thing sought to be filed or introduced 27 || under seal, the party seeking protection must articulate compelling reasons, 28 || supported by specific facts and legal justification, for the requested sealing order. -3- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 4of16 Page ID#:477 1 || Again, competent evidence supporting the application to file documents under seal 2 || must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 || its entirety will not be filed under seal if the confidential portions can be redacted. If 5 || documents can be redacted, then a redacted version for public viewing, omitting 6 || only the confidential, privileged, or otherwise protectable portions of the document, 7 || shall be filed. Any application that seeks to file documents under seal in their 8 || entirety should include an explanation of why redaction is not feasible. 9|| 4. DEFINITIONS 10 4.1 Action: the above-captioned consolidated case, including the following 11 || consolidated matters or future consolidated matters, including: Davey’s Locker, 12 8:21-cv-01684; Gutierrez, 8:21-cv-01628; Samuelian, 8:21-cv-01658; Banzai Surf 13 || Company, 8:21-cv-01669; Quality Sea Food, Inc., 8:21-cv-01680; Ketcham Tackle 14 || LLC, 8:21-cv-01685; Newport Surfrider, LLC, 8:21-cv-01686; Bitton, 8:21-cv15 01694; Whelan, 8:21-cv-01706; Beyond Business Incorporated, 8:21-cv-01714; 16 | N.S.T., 8:21-cv-01722; East Meets West Excursions, 8:21-cv-01725; Charlie’s 17 Gyros, Inc., 8:21-cv-01738; Hill’s Boat Service, Inc., 8:21-cv-01734; Karsgor, 18 □ 8:21-cv-02116. 19 4.2. Challenging Party: a Party or Non-Party that challenges the designation 20 || of information or items under this Order. 21 4.3. “CONFIDENTIAL” Information or Items: information (regardless of 22 || how it is generated, stored or maintained) or tangible things that qualify for 23 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 24 || the Good Cause Statement. 25 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 26 || their support staff). 27 4.5 Designating Party: a Party or Non-Party that designates information or 28 || items that it produces in disclosures or in responses to discovery as -4- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page5of16 Page ID#:478 1 || “CONFIDENTIAL.” 2 4.6 Disclosure or Discovery Material: all items or information, regardless 3 || of the medium or manner in which it is generated, stored, or maintained (including, 4 || among other things, testimony, transcripts, and tangible things), that are produced 5 || or generated in disclosures or responses to discovery (including deposition 6 || testimony). 7 4.7 Expert: a person with specialized knowledge or experience in a matter 8 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 9 || an expert witness or as a consultant in this Action. 10 4.8 House Counsel: attorneys who are employees of a party to this Action. 11 || House Counsel does not include Outside Counsel of Record or any other outside 12 || counsel. 13 4.9 Non-Party: any natural person, partnership, corporation, association or 14 || other legal entity not named as a Party to this Action. 15 4.10 Outside Counsel of Record: attorneys who are not employees of a party 16 || to this Action but are retained to represent a Party to this Action or are affiliated 17 || with an attorney that is retained to represent a Party to this Action, and includes 18 || support staff. 19 4.11 Party: any party to this Action, including all of its officers, directors, 20 || employees, consultants, retained experts, and Outside Counsel of Record (and their 21 || support staffs). 22 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 23 || Discovery Material in this Action. 24 4.13 Professional Vendors: persons or entities that provide litigation support 25 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 || and their employees and subcontractors. 28 4.14 Protected Material: any Disclosure or Discovery Material that is -5- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 6of16 Page ID #:479 1 || designated as “CONFIDENTIAL.” 2 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material 3 || from a Producing Party. 4] 5. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 || Protected Material (as defined above), but also (1) any information copied or 7 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 || compilations of Protected Material; and (3) any testimony, conversations, or 9 || presentations by Parties or their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of the 11 || trial judge and other applicable authorities. This Order does not govern the use of 12 || Protected Material at trial. 13 || 6 DURATION 14 Once a case proceeds to trial, information that was designated as 15 || CONFIDENTIAL or maintained pursuant to this Order used or introduced as an 16 || exhibit at trial becomes public and will be presumptively available to all members 17 || of the public, including the press, unless compelling reasons supported by specific 18 || factual findings to proceed otherwise are made to the trial judge in advance of the 19 || trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 20 || sealing documents produced in discovery from “compelling reasons” standard 21 || when merits-related documents are part of court record). Accordingly, the terms of 22 || this Order do not extend beyond the commencement of the trial. 23 | 7. DESIGNATING PROTECTED MATERIAL 24 7.1 Exercise of Restraint and Care in Designating Material for Protection. 25 || Each Party or Non-Party that designates information or items for protection under 26 || this Order must take care to limit any such designation to specific material that 27 || qualifies under the appropriate standards. The Designating Party must make 28 || reasonable efforts to designate for protection only those parts of material, -6- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 7of16 Page ID #:480 1 || documents, items or oral or written communications that qualify so that other 2 || portions of the material, documents, items or communications for which protection 3 || 1s not warranted are not swept 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 the case development process or to impose 7 || unnecessary expenses and burdens on other parties) may expose—following a meet8 || and-confer process and notice and a hearing—the Designating 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 11 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 12 7.2. Manner and Timing of Designations. Except as otherwise provided in 13 || this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 14 || that qualifies for protection under this Order must be clearly so designated before 15 || the material is disclosed or produced. 16 Designation in conformity with this Order requires: 17 a. for information in documentary form (e.g., paper or electronic 18 || documents, but excluding transcripts of depositions or other pretrial or trial 19 || proceedings), that the Producing Party affix at a minimum, the legend 20 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’”’), to each page that 21 || contains protected material. 22 A Party or Non-Party that makes original documents available for inspection 23 || need not designate them for protection until after the inspecting Party has indicated 24 || which documents it would like copied and produced. During the inspection and 25 || before the designation, all of the material made available for inspection shall be 26 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 27 || documents it wants copied and produced, the Producing Party must determine which 28 || documents qualify for protection under this Order. Then, before producing the -7- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 8of16 Page ID#:481 1 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 2 || to each page that contains Protected Material. 3 b. for testimony given in depositions that the Designating Party identifies 4 || the Disclosure or Discovery Material on the record, before the close of the 5 || deposition all protected testimony or within five (5) business days after receipt of 6 || the final version of the transcript. 7 C. for information produced in some form other than documentary and for 8 || any other tangible items, that the Producing Party affix in a prominent place on the 9 || exterior of the container or containers in which the information is stored the legend 10 | “CONFIDENTIAL.” 11 7.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 || failure to designate qualified information or items does not, standing alone, waive 13 || the Designating Party’s right to secure protection under this Order for such 14 || material. Upon timely correction of a designation, the Receiving Party must make 15 || reasonable efforts to assure that the material is treated in accordance with the 16 || provisions of this Order. 17 | 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 19 || designation of confidentiality at any time that is consistent with the Court’s 20 || Scheduling Order. 21 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 || resolution process under Local Rule 37-1 et seq. 23 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 24 || joint stipulation pursuant to Local Rule 37-2. 25 8.4 Burden of Persuasion. The burden of persuasion in any such challenge 26 || proceeding shall be on the Designating Party. Frivolous challenges, and those made 27 || for an improper purpose (e.g., to harass or impose unnecessary expenses and 28 || burdens on other parties) may expose the Challenging Party to sanctions. Unless -8- STIPULATED PROTECTIVE ORDER Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page9of16 Page ID #:482 1 || the Designating Party has waived or withdrawn the confidentiality designation, all 2 || parties shall continue to afford the material in question the level of protection to 3 || which it is entitled under the Producing Party’s designation until the Court rules on 4 || the challenge. 5 8.5 Use of Protected Material In Open Court. Except for trial (where such 6 || procedures shall be governed by a separate pre-trial order), at least 24 hours prior to 7 || the use of any Protected Material at any hearing to be held in open court, counsel 8 || for any Party who desires to offer or use such Protected Material at such hearing 9 || shall meet and confer in good faith with the Producing Party together with any 10 || other Parties who have expressed interest in participating in such meet and confer. 11 | 9. ACCESS TO AND USE OF PROTECTED MATERIAL 12 9.1 Basic Principles. A Receiving Party may use Protected Material that is 13 || disclosed or produced by another Party or by a Non-Party in connection with this 14 || Action only for prosecuting, defending or attempting to settle this Action and for no 15 || other purpose and in no other case or proceeding. Such Protected Material may be 16 || disclosed only to the categories of persons and under the conditions described in 17 || this Order. When the Action has been terminated, a Receiving Party must comply 18 || with the provisions of section 15 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 || location and in a secure manner that ensures that access is limited to the persons 21 || authorized under this Order. 22 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 || otherwise ordered by the court or permitted in writing by the Designating Party, a 24 || Receiving Party may disclose any information or item designated 25 || “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 28 || necessary to disclose the information for this Action; -9- STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page10of16 Page ID #:483 l b. the officers, directors, and employees (including House Counsel) of the 2 || Receiving Party to whom disclosure is reasonably necessary for this Action; 3 c. Experts (as defined in this Order) of the Receiving Party to whom 4 || disclosure is reasonably necessary for this Action and who have signed the 5 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 d. the court and its personnel; 7 e. court reporters and their staff; 8 f. professional jury or trial consultants, mock jurors, and Professional 9 || Vendors to whom disclosure is reasonably necessary for this Action and who have 10 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 g. the author or recipient of a document containing the information or a 12 || custodian or other person who otherwise possessed or knew the information; 13 h. during their depositions, witnesses, and attorneys for witnesses, in the 14 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they 16 || will not be permitted to keep any confidential information unless they sign the 17 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 || agreed by the Designating Party or ordered by the court. Pages of transcribed 19 || deposition testimony or exhibits to depositions that reveal Protected Material may 20 || be separately bound by the court reporter and may not be disclosed to anyone 21 || except as permitted under this Stipulated Protective Order; and 22 i. any mediators or settlement officers and their supporting personnel, 23 || mutually agreed upon by any of the parties engaged in settlement discussions. 24 || 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 TT 26 If a Party is served with a subpoena or a court order issued in a proceeding 27 || other than the Action that compels disclosure of any information or items designated 28 || in this Action as “CONFIDENTIAL” by someone other than the Party who received - 10 - STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page1lof16 Page ID #:484 1 || the subpoena, that Party must: 2 a. promptly notify in writing the Designating Party. Such notification 3 || shall include a copy of the subpoena or court order; 4 b. promptly notify in writing the party who caused the subpoena or order 5 || to issue in the other proceeding that some or all of the material covered by the 6 || subpoena or order is subject to this Stipulated Protective Order. Such notification 7 || shall include a copy of this Stipulated Protective Order; and 8 C. cooperate with respect to all reasonable procedures sought to be 9 || pursued by the Designating Party whose Protected Material may be affected. If the 10 || Designating Party timely seeks a protective order, the Party served with the 11 || subpoena or court order shall not produce any information designated in this Action 12 || as “CONFIDENTIAL” before a determination by the court from which the 13 || subpoena or order issued, unless the Party has obtained the Designating Party’s 14 || permission. The Designating Party shall bear the burden and expense of seeking 15 || protection in that proceeding of its confidential material unless the court’s rules in 16 || that proceeding dictate otherwise. Nothing in these provisions should be construed 17 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 18 || directive from another court. 19 | 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 TT 21 a. The terms of this Order are applicable to information produced by a 22 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 23 || produced by Non-Parties in connection with this Action is protected by the 24 || remedies and relief provided by this Order. Nothing in these provisions should be 25 || construed as prohibiting a Non-Party from seeking additional protections. 26 b. In the event that a Party is required, by a valid discovery request, to 27 || produce a Non-Party’s confidential information in its possession, and the Party is [28] -ll- STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page12of16 Page ID #:485 1 || subject to an agreement with the Non-Party not to produce the Non-Party’s 2 || confidential information, then the Party shall: 3 1. promptly notify in writing the Requesting Party and the 4 | Non-Party that some or all of the information requested is subject to a 5 || confidentiality agreement with a Non-Party; 6 i. promptly provide the Non-Party with a copy of the 7 || Stipulated Protective Order in this Action, the relevant discovery request(s), and a 8 || reasonably specific description of the information requested; and 9 il. make the information requested available for inspection by 10 || the Non-Party, if requested. 11 C. If the Non-Party fails to seek a protective order from this court within 12 || 14 days of receiving the notice and accompanying information, the Receiving Party 13 || may produce the Non-Party’s confidential information responsive to the discovery 14 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 15 || not produce any information in its possession or control that is subject to the 16 || confidentiality agreement with the Non-Party before a determination by the court. 17 || Absent a court order to the contrary, the Non-Party shall bear the burden of seeking 18 || protection in this court of its Protected Material. 19 | 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 || Protected Material to any person or in any circumstance not authorized under this 22 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 24 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 25 || persons to whom unauthorized disclosures were made of all the terms of this Order, 26 || and (d) request such person or persons to execute the “Acknowledgment an 27 || Agreement to Be Bound” attached hereto as Exhibit A. [28] -12- STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page13o0f16 Page ID #:486 1 | 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 3 The production of privileged or work-product protected documents, 4 || electronically stored information, or information, whether inadvertent or otherwise, 5 || 1s not a waiver of the privilege or protection from discovery in this Action or in any 6 || other federal or state proceeding. This Order shall be interpreted to provide the 7 || maximum protection allowed by Federal Rule of Evidence 502(d). g When a Producing Party gives notice to Receiving Parties that certain 9 || produced material is subject to a claim of privilege or other protection, the 10 || obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 || Procedure 26(b)(5)(B); provided, however, if the Receiving Party disputes the 12 || privilege claim, it must notify the Producing Party of the dispute and the basis 13 || therefore in writing within ten (10) days of receipt of the Producing Party’s 14 || notification. The Parties shall thereafter meet and confer regarding the disputed 15 || privilege claim. If the Parties cannot resolve their dispute, either Party may seek a 16 || determination from the Special Master(s) and/or Court whether the privilege applies. 17 || Other than in connection with seeking a determination by the Special Master(s) 18 || and/or Court, the Receiving Party may not use the inadvertently produced privileged 19 || information for any purpose until the dispute is resolved. 20 || 14. MISCELLANEOUS 91 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 22 || person to seek its modification or supplementation by the Court in the future. The 23 || Parties acknowledge that certain document requests or document subpoenas may 24 || call for one or more Parties or Non-Parties to request the additional protections of a 25 || “Highly Confidential” tier. The Parties’ rights are reserved to request a “Highly 26 || Confidential” tier at the appropriate time via amendment (by stipulation or 27 || contested motions practice) of this Order. [28] -13- STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page14o0f16 Page ID #:487 1 14.2 Right to Assert Other Objections. By stipulating to the entry of this 2 || Stipulated Protective Order, no Party waives any right it otherwise would have to 3 || object to disclosing or producing any information or item on any ground not 4 || addressed in this Stipulated Protective Order. Similarly, no Party waives any right 5 || to object on any ground to use in evidence of any of the material covered by this 6 || Stipulated Protective Order. 7 14.3 Filing Protected Material. A Party that seeks to file under seal any 8 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 9 || may only be filed under seal pursuant to a court order authorizing the sealing of the 10 || specific Protected Material. If a Party’s request to file Protected Material under seal 11 || 1s denied by the court, then the Receiving Party may file the information that was 12 || the subject of the Rule 79-5 application in the public record unless otherwise 13 || instructed by the court. 14 14.4 Anticipated Filings. If a Receiving Party intends to file materials on the 15 || docket that cite or attach Protected Material, the Receiving Party shall seek relief 16 || under Local Civil Rule 79-5. 17 14.5 Discovery Exchanged Prior to Entry of this Order. This Order governs 18 || the disclosure and exchange of discovery exchanged between the Parties (including 19 || Defendants and Non-Interim Co-Lead Counsel) prior to the entry of this Order. 20 | 15. FINAL DISPOSITION 21 After the final disposition of this Action, within 60 days of a written request 22 || by the Designating Party, each Receiving Party must return all Protected Material to 23 || the Producing Party or destroy such material. As used in this subdivision, “all 24 || Protected Material” includes all copies, abstracts, compilations, summaries, and any 25 || other format reproducing or capturing any of the Protected Material. Where the 26 || Designating Party makes such a request and whether the Protected Material is 27 || returned or destroyed, the Receiving Party must submit a written certification to the 28 || Producing Party (and, if not the same person or entity, to the Designating Party) by -14- STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page15o0f16 Page ID #:488 1 || the 60-day deadline that (1) identifies (by category, where appropriate) all the 2 || Protected Material that was returned or destroyed and (2) affirms that the Receiving 3 || Party has not retained any copies, abstracts, compilations, summaries or any other 4 | format reproducing or capturing any of the Protected Material. Notwithstanding this 5 || provision, Counsel are entitled to retain an archival copy of all pleadings, motion 6 || papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 7 || deposition and trial exhibits, expert reports, attorney work product, and consultant 8 || and expert work product, even if such materials contain Protected Material. Any 9 || such archival copies that contain or constitute Protected Material remain subject to 10 || this Protective Order as set forth in Section 6 (DURATION). 11 | 16. VIOLATION 12 Any violations of this Order are subject to enforcement and the imposition of 13 || legal sanctions in the same manner as any other Order of the Court, after notice and 14 || a hearing. 15 IT IS SO ORDERED. [16] 17 DATED: January 11, 2022 # 18 Ke AG 19 N D. EARLY nited States Magistrate Judge [28] -15- STIPULATED PROTECTIVE ORDER Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page16of16 Page ID #:489 2 UNITED STATES DISTRICT COURT 3 CENTRAL DISTRICT OF CALIFORNIA PETER MOSES GUTIERREZ, et al. Case No. 8:21-cv-01628-DOC-JDE 6 Plantitis, EXHIBIT A TO STIPULATED V. PROTECTIVE ORDER AMPLIFY ENERGY CORP., et al. Ae MENT AND BY 9 Defendants. PROTECTIVE ORDER [10] 11 The undersigned agrees: 12 I declare under penalty of perjury that I have read in its entirety and 13 || understand and will comply with the Stipulated Protective Order that was issued by 14 || the United States District Court for the Central District of California on 15 , 2022 in the above captioned matter. [16] 17 || Date: [18] 19 City and State where sworn and signed: 20 || Printed Name: [21] 3 Signature: [28] -16- STIPULATED PROTECTIVE ORDER