Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 1 of 13
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF CALIFORNIA
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`L.V.Q.,
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`v.
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`THE GEO GROUP, INC.,
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`Plaintiff,
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`Defendant.
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`Case No. 1:24-cv-00656-KES-CDB
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`STIPULATED PROTECTIVE ORDER
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`1.
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`PURPOSES AND LIMITATIONS
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`Disclosure and discovery activity in this action are likely to involve production of
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`confidential, proprietary, or private information for which special protection from public disclosure
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`and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
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`the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
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`Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures
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`or responses to discovery and that the protection it affords from public disclosure and use extends
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`only to the limited information or items that are entitled to confidential treatment under the
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`applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that
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`this Stipulated Protective Order does not entitle them to file confidential information under seal;
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`Local Rule 141 sets forth the procedures that must be followed and the standards that will be applied
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`when a party seeks permission from the court to file material under seal.
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`2.
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`DEFINITIONS
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`2.1
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`Challenging Party: a Party or Non-Party that challenges the designation of
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`information or items under this Order.
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`2.2
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`“CONFIDENTIAL” Information or Items: information (regardless of how it is
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`generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 2 of 13
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`Civil Procedure 26(c).
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`2.3
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`Counsel (without qualifier): Outside Counsel of Record and House or corporate
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`Counsel (as well as their support staff).
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`2.4
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`Designating Party: a Party or Non-Party that designates information or items that it
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`produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
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`2.5
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`Disclosure or Discovery Material: all items or information, regardless of the medium
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`or manner in which it is generated, stored, or maintained (including, among other things, testimony,
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`transcripts, and tangible things), that are produced or generated in disclosures or responses to
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`discovery in this matter.
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`2.6
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`Expert: a person with specialized knowledge or experience in a matter pertinent to the
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`litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
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`consultant in this action.
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`2.7
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`House Counsel: attorneys who are employees of a party to this action. House Counsel
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`does not include Outside Counsel of Record or any other outside counsel.
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`2.8
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`Non-Party: any natural person, partnership, corporation, association, or other legal
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`entity not named as a Party to this action.
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`2.9
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`Outside Counsel of Record: attorneys who are not employees of a party to this action
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`but are retained to represent or advise a party to this action and have appeared in this action on
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`behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
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`2.10 Party: any party to this action, including all of its officers, directors, employees,
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`consultants, retained experts, and Outside Counsel of Record (and their support staffs).
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`2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
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`Material in this action.
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`2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,
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`photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
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`storing, or retrieving data in any form or medium) and their employees and subcontractors.
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`2.13 Protected Material: any Disclosure or Discovery Material that is designated as
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 3 of 13
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`“CONFIDENTIAL.”
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`2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a
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`Producing Party.
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`3.
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`SCOPE
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`The protections conferred by this Stipulation and Order cover not only Protected Material (as
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`defined above), but also (1) any information copied or extracted from Protected Material; (2) all
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`copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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`conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
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`However, the protections conferred by this Stipulation and Order do not cover the following
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`information: (a) any information that is in the public domain at the time of disclosure to a Receiving
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`Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
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`publication not involving a violation of this Order, including becoming part of the public record
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`through trial or otherwise; and (b) any information known to the Receiving Party prior to the
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`disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
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`information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
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`Protected Material at trial shall be governed by a separate agreement or order.
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`4.
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`DURATION
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`Even after final disposition of this litigation, the confidentiality obligations imposed by this
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`Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
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`otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
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`defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
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`and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
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`time limits for filing any motions or applications for extension of time pursuant to applicable law.
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`5.
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`DESIGNATING PROTECTED MATERIAL
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`5.1
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`Exercise of Restraint and Care in Designating Material for Protection. Each Party or
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`Non-Party that designates information or items for protection under this Order must take care to
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`limit any such designation to specific material that qualifies under the appropriate standards. The
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Designating Party must designate for protection only those parts of material, documents, items, or
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`oral or written communications that qualify – so that other portions of the material, documents,
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`items, or communications for which protection is not warranted are not swept unjustifiably within
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`the ambit of this Order.
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`Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
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`to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
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`encumber or retard the case development process or to impose unnecessary expenses and burdens on
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`other parties) expose the Designating Party to sanctions.
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`If it comes to a Designating Party’s attention that information or items that it designated for
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`protection do not qualify for protection, that Designating Party must promptly notify all other Parties
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`that it is withdrawing the mistaken designation.
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`5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
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`e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
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`Discovery Material that qualifies for protection under this Order must be clearly so designated
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`before the material is disclosed or produced.
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`Designation in conformity with this Order requires:
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`(a) For information in documentary form (e.g., paper or electronic documents, but
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`excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
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`affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
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`or portions of the material on a page qualifies for protection, the Producing Party also must clearly
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`identify the protected portion(s) (e.g., by making appropriate markings in the margins).
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`A Party or Non-Party that makes original documents or materials available for inspection need not
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`designate them for protection until after the inspecting Party has indicated which material it would
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`like copied and produced. During the inspection and before the designation, all of the material made
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`available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
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`identified the documents it wants copied and produced, the Producing Party must determine which
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`documents, or portions thereof, qualify for protection under this Order. Then, before producing the
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page
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`that contains Protected Material. If only a portion or portions of the material on a page qualifies for
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`protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
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`appropriate markings in the margins).
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`(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
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`Designating Party identify on the record, before the close of the deposition, hearing, or other
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`proceeding, all protected testimony.
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`(c) for information produced in some form other than documentary and for any other
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`tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
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`containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
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`portion or portions of the information or item warrant protection, the Producing Party, to the extent
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`practicable, shall identify the protected portion(s).
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`5.3
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`Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
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`designate qualified information or items does not, standing alone, waive the Designating Party’s
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`right to secure protection under this Order for such material. Upon timely correction of a
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`designation, the Receiving Party must make reasonable efforts to assure that the material is treated in
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`accordance with the provisions of this Order.
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`6.1
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`Timing of Challenges. Any Party or Non-Party may challenge a designation of
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`confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
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`designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,
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`or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
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`confidentiality designation by electing not to mount a challenge promptly after the original
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`designation is disclosed.
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`6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
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`by providing written notice of each designation it is challenging and describing the basis for each
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`challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`recite that the challenge to confidentiality is being made in accordance with this specific paragraph
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`of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
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`begin the process by conferring directly (in voice to voice dialogue; other forms of communication
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`are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging
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`Party must explain the basis for its belief that the confidentiality designation was not proper and
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`must give the Designating Party an opportunity to review the designated material, to reconsider the
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`circumstances, and, if no change in designation is offered, to explain the basis for the chosen
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`designation. A Challenging Party may proceed to the next stage of the challenge process only if it
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`has engaged in this meet and confer process first or establishes that the Designating Party is
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`unwilling to participate in the meet and confer process in a timely manner.
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`6.3
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`Judicial Intervention. If the Parties cannot resolve a challenge without court
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`intervention, the Designating Party shall file and serve a motion to retain confidentiality under Local
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`Rule 230 (and in compliance with Local Rule 141, if applicable) within 21 days of the initial notice
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`of challenge or within 14 days of the parties agreeing that the meet and confer process will not
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`resolve their dispute, whichever is earlier. Each such motion must be accompanied by a competent
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`declaration affirming that the movant has complied with the meet and confer requirements imposed
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`in the preceding paragraph. Failure by the Designating Party to make such a motion including the
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`required declaration within 21 days (or 14 days, if applicable) shall automatically waive the
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`confidentiality designation for each challenged designation. In addition, the Challenging Party may
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`file a motion challenging a confidentiality designation at any time if there is good cause for doing so,
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`including a challenge to the designation of a deposition transcript or any portions thereof. Any
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`motion brought pursuant to this provision must be accompanied by a competent declaration
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`affirming that the movant has complied with the meet and confer requirements imposed by the
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`preceding paragraph.
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`The burden of persuasion in any such challenge proceeding shall be on the Designating
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`Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
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`unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 7 of 13
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`Unless the Designating Party has waived the confidentiality designation by failing to file a motion to
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`retain confidentiality as described above, all parties shall continue to afford the material in question
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`the level of protection to which it is entitled under the Producing Party’s designation until the court
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`rules on the challenge.
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`7.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`7.1
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`Basic Principles. A Receiving Party may use Protected Material that is disclosed or
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`produced by another Party or by a Non-Party in connection with this case only for prosecuting,
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`defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
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`the categories of persons and under the conditions described in this Order. When the litigation has
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`been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
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`DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving Party at a location and in a
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`secure manner that ensures that access is limited to the persons authorized under this Order.
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`7.2
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`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
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`the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
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`information or item designated “CONFIDENTIAL” only to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
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`of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
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`this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
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`attached hereto as Exhibit A;
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`(b) the officers, directors, and employees (including House Counsel) of the Receiving
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`Party to whom disclosure is reasonably necessary for this litigation and who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
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`to Be Bound” (Exhibit A);
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`(d) the court and its personnel;
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
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`Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(f) during their depositions, witnesses in the action to whom disclosure is reasonably
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`necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
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`unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
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`deposition testimony or exhibits to depositions that reveal Protected Material must be separately
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`bound by the court reporter and may not be disclosed to anyone except as permitted under this
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`Stipulated Protective Order.
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`(g) the author or recipient of a document containing the information or a custodian or
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`other person who otherwise possessed or knew the information.
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`8.
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`PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
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`LITIGATION
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`If a Party is served with a subpoena or a court order issued in other litigation that compels
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`disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
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`must:
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`(a) promptly notify in writing the Designating Party. Such notification shall include a
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`copy of the subpoena or court order;
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`(b) promptly notify in writing the party who caused the subpoena or order to issue in the
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`other litigation that some or all of the material covered by the subpoena or order is subject to this
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`Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
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`(c) cooperate with respect to all reasonable procedures sought to be pursued by the
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`Designating Party whose Protected Material may be affected.
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`If the Designating Party timely seeks a protective order, the Party served with the subpoena
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`or court order shall not produce any information designated in this action as “CONFIDENTIAL”
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`before a determination by the court from which the subpoena or order issued, unless the Party has
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`obtained the Designating Party’s permission. The Designating Party shall bear the burden and
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`expense of seeking protection in that court of its confidential material – and nothing in these
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`provisions should be construed as authorizing or encouraging a Receiving Party in this action to
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`disobey a lawful directive from another court.
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`9.
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`A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
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`LITIGATION
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`(a) The terms of this Order are applicable to information produced by a Non-Party in this
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`action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
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`connection with this litigation is protected by the remedies and relief provided by this Order.
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`Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional
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`protections.
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`(b) In the event that a Party is required, by a valid discovery request, to produce a Non-
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`Party’s confidential information in its possession, and the Party is subject to an agreement with the
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`Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
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`(1) promptly notify in writing the Requesting Party and the Non-Party that some or all
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`of the information requested is subject to a confidentiality agreement with a Non-Party;
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`(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in
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`this litigation, the relevant discovery request(s), and a reasonably specific description of the
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`information requested; and
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`(3) make the information requested available for inspection by the Non-Party.
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`(c) If the Non-Party fails to object or seek a protective order from this court within 14
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`days of receiving the notice and accompanying information, the Receiving Party may produce the
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`Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
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`seeks a protective order, the Receiving Party shall not produce any information in its possession or
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`control that is subject to the confidentiality agreement with the Non-Party before a determination by
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`the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
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`seeking protection in this court of its Protected Material.
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`///
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 10 of 13
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`10.
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`UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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`If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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`Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
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`the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
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`disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
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`inform the person or persons to whom unauthorized disclosures were made of all the terms of this
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`Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to
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`Be Bound” that is attached hereto as Exhibit A.
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`11.
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`INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
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`MATERIAL
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`When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
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`material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
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`are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
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`modify whatever procedure may be established in an e-discovery order that provides for production
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`without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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`parties reach an agreement on the effect of disclosure of a communication or information covered by
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`the attorney-client privilege or work product protection, the parties may incorporate their agreement
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`in the stipulated protective order submitted to the court.
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`12. MISCELLANEOUS
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`12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
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`its modification by the court in the future.
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`12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
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`no Party waives any right it otherwise would have to object to disclosing or producing any
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`information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
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`Party waives any right to object on any ground to use in evidence of any of the material covered by
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`this Protective Order.
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`///
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 11 of 13
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`12.3 Filing Protected Material. Without written permission from the Designating Party or a
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`court order secured after appropriate notice to all interested persons, a Party may not file in the
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`public record in this action any Protected Material. A Party that seeks to file under seal any Protected
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`Material must comply with Local Rule 141. Protected Material may only be filed under seal pursuant
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`to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Local
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`Rule 141, a sealing order will issue only upon a request establishing that the Protected Material at
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`issue is entitled to protection under the law. If a Receiving Party's request to file Protected Material
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`under seal pursuant to Local Rule 141 is denied by the court, then the Receiving Party may file the
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`information in the public record unless otherwise instructed by the court.
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`13.
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`FINAL DISPOSITION
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`Within 60 days after the final disposition of this action, as defined in paragraph 4, each
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`Receiving Party must return all Protected Material to the Producing Party or destroy such material.
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`As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
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`summaries, and any other format reproducing or capturing any of the Protected Material. Whether
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`the Protected Material is returned or destroyed, the Receiving Party must submit a written
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`certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
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`by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
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`that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
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`abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected
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`Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
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`pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
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`correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
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`and expert work product, even if such materials contain Protected Material. Any such archival copies
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`that contain or constitute Protected Material remain subject to this Protective Order as set forth in
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`Section 4 (DURATION).
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`///
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`///
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 12 of 13
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`IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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`DATED: ___12/04/2024____________ _____/s/ Jessica Zhang__________
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`Jessica Zhang
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`Attorney for Plaintiff
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`DATED: /s/ Susan E. Coleman___________12/03/2024_______________
` Susan E. Coleman
`Attorney for Defendant
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`IT IS SO ORDERED.
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` Dated: December 5, 2024
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` ___________________ _
`UNITED STATES MAGISTRATE JUDGE
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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`Case 1:24-cv-00656-KES-CDB Document 27 Filed 12/05/24 Page 13 of 13
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`EXHIBIT A
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`ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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`I, _____________________________ [print or type full name], of _________________ [print or
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`type full address], declare under penalty of perjury that I have read in its entirety and understand the
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`Stipulated Protective Order that was issued by the United States District Court for the Eastern
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`District of California on December 5, 2024, in the case of L.V.Q. v. GEO, Case No. 1:24-cv-00656-
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`KES-CDB. I agree to comply with and to be bound by all the terms of this Stipulated Protective
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`Order and I understand and acknowledge that failure to so comply could expose me to sanctions and
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`punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any
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`information or item that is subject to this Stipulated Protective Order to any person or entity except
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`in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of
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`the United States District Court for the Eastern District of California for the purpose of enforcing the
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`terms of this Stipulated Protective Order, even if such enforcement proceedings occur after
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`termination of this action.
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`Date: ______________________________________
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`City and State where sworn and signed: _________________________________
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`Printed name: _______________________________
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`Signature: __________________________________
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`
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`STIPULATED PROTECTIVE ORDER
`1:24-cv-00656-KES-CDB
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