Briggs v. Yi et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
JOSHUA BRIGGS,
Plaintiff,
v.
OREAN YI, in his personal capacity;
and MUNICIPALITY OF
ANCHORAGE,
Defendants.
Case No. 3:22-cv-00265-SLG
PROTECTIVE ORDER
Before the Court at Docket 43 is Defendants’ Motion for Protective Order,
which includes Defendants’ proposed order at Docket 43-3. Plaintiff responded in
opposition at Docket 47, including his own proposed order at Docket 47-2;
Defendants replied at Docket 48.
As explained in the Court’s Order re Pending Motions at Docket 39, the
parties are engaged in an ongoing discovery dispute regarding Plaintiff’s access
to 	Defendants’ 	documentation 	and 	other 	evidence 	containing 	confidential
information, such as human resources personnel files and Internal Affairs (“IA”)
investigations. Consequently, the Court directed the parties to
(a) provide considerably more detail in the privilege log
to 	“describe 	the 	nature 	of 	the 	documents,
communications, 	or 	tangible 	things 	not 	produced 	or
disclosed—and [to] do so in a manner that, without
revealing information itself privileged or protected, will
enable other parties to assess the claim” and/or (b) file
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a motion for a protective order, which includes a
proposed protective order.1
In response to this directive, the parties attempted to negotiate the terms of the
protective 	order 	but 	were 	unsuccessful. 2 	Specifically, 	Plaintiff 	disputes 	the
following three italicized portions of Defendants’ proposed protective order:
(1) Paragraph 3.1: Briggs’ information is not subject to
this Protective Order, but his date of birth and Social
Security information will be redacted in any public
court filing. 3
(2) Paragraph 7.4 (formerly paragraph 3.2): Protected
Material produced may not be used for any other
purpose 	whatsoever 	other 	than 	conducting 	this
litigation. 	Protected 	Material 	shall 	not 	be 	posted,
discussed, or shared on social media in any form. No
Protected Material may be used in any other litigation.
No Protected Material shall be shared with anyone
outside 	this 	litigation, 	including 	the 	media. 	The
existence 	of 	the 	Protected 	Material 	shall 	not 	be
disclosed to anyone outside this litigation, not even
verbally. Parties, their counsel and experts, or any
other person retained by Parties to assist in the
preparation 	of 	this 	action 	shall 	not, 	under 	any
circumstances, 	sell, 	offer 	for 	sale, 	advertise, 	or
publicize either the contents of Protected Material or
the 	fact 	that 	they 	have 	obtained 	confidential
information.4
(3) Paragraph 	9(a): 	The 	terms 	of 	this 	Order 	are
applicable to information produced by or about a Non-
Party 	in 	this 	action 	and 	designated 	as
1 Docket 39 at 18 (citing Local Civil Rule 7.1(b)) (emphasis added).
2 Docket 43 at 2; Docket 47 at 3–4.
3 Docket 43-2 at 3–4.
4 Docket 43-2 at 9.
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“CONFIDENTIAL.” 	Such 	information 	produced 	by
Non-Parties 	in 	connection 	with 	this 	litigation 	is
protected by the remedies and relief provided by this
Order. 	Nothing 	in 	these 	provisions 	should 	be
construed as prohibiting a Non-Party from seeking
additional protections. 5
Overall, the Court finds that Defendants’ proposed order is warranted and
that there is good cause to issue this protective order, consistent with Federal Rule
of Civil Procedure (“Rule”) 26(c). On the three disputed topics, the Court rules as
follows:
 	This protective order shall apply only to Defendants’ documents;
however, it is entered without prejudice. The discovery dispute that
precipitated the need for this protective order exclusively involved
Plaintiff’s access to Defendants’ confidential human resources and
internal 	affairs 	documents. 	Additionally, 	the 	protective 	order
acknowledges that the redaction requirements of Rule 5.2 apply to Mr.
Brigg’s full social security number and complete date of birth.6 In the
event Plaintiff is asked to produce documents that he determines
should be protected, Plaintiff may seek a separate protective order
from the Court.
5 Docket 43-2 at 10.
6 See Docket 43-2 at 3-4.
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 	The restriction on the disclosure of the very existence of protected
material, including through verbal disclosure, contained in paragraph
7.4 is warranted.7 	Defendants have shown good cause to bar the
parties’ disclosure of the existence of protected material.8 Prohibiting
a party’s ability to disclose the existence of protected material is
content-neutral, applies to all parties in this matter, and is consistent
with Rule 26(a).9
 	The confidentiality of personnel and IA records by “or about” non-party
witnesses shall be protected. 10 	As the Court acknowledged in its
previous order, “it is standard practice to file a protective order for
discovery of a police officer’s personnel and [IA] files”;11 this applies
whether that individual is a party or a non-party witness in this case.
7 See Docket 43-2 at 9 (“The existence of the Protected Material shall not be disclosed to anyone
outside this litigation, not even verbally.”).
8 See Docket 48 at 3 (“This provision is necessary in this case. For example, if Briggs
demanded, and the Municipality was required to produce, Internal Affairs files on Jane Smith, a
(fictional) APD officer as a witness in this case, the ‘mere fact’ that Jane Smith has an internal
affairs determination should be confidential, otherwise the fact would at a minimum be spread to
others (including defense counsel and media), and the information would become public,
defeating the request for a protective order.”).
9 Cf. Fed. R. Civ. P. 26(b)(5)(A)(ii)( “When a party withholds information otherwise discoverable
by claiming that the information is privileged or subject to protection as trial-preparation material,
the party must . . . describe the nature of the documents, communications, or tangible things not
produced or disclosed—and do so in a manner that, without revealing information itself
privileged or protected, will enable other parties to assess the claim.”) (emphasis added).
10 See Docket 43-2 at 10 (The terms of this Order are applicable to information produced by or
about a Non-Party in this action and designated as “CONFIDENTIAL.”) (emphasis added).
11 See Docket 39 at 18 n.68.
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Therefore, there is good cause for the Court to protect any such
records involving party or non-party witnesses.
The motion for a protective order is hereby GRANTED. 	Accordingly,
pursuant to Rule 26(c) and the Privacy Act,12 the Court finds good cause to protect
the 	confidential 	nature 	of 	certain 	documents 	that 	will 	be 	produced 	through
discovery and adopts Defendants’ proposed protective order, and
IT IS HEREBY ORDERED as follows:
1. 	PURPOSES AND LIMITATIONS
Disclosure 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 Court hereby enters this Protective Order. The
parties are advised, as further set forth in Section 12.3, below, that this Protective
Order does not entitle them to file confidential information under seal; Local Civil
Rule 7.3(f) sets forth the procedures that must be followed and the standards that
will be applied when a party seeks permission from the Court to file material under
seal.
12 5 U.S.C. § 552a.
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2. 	DEFINITIONS
2.1 	Challenging Party: A Party or Non-Party that challenges the designation
of information or items under this Order.
2.2 	“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 Procedure 26(c).
2.3 	Counsel (without qualifier): Counsel (as well as their support staff).
2.4 	Designating Party: A Party or Non-Party that designates information or
items 	that 	it 	produces 	in 	disclosures 	or 	in 	responses 	to 	discovery 	as
“CONFIDENTIAL.”
2.5 	Disclosure or Discovery Material: All items or information, regardless of
the medium or manner in which it is generated, stored, 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.
2.6 	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.
2.7 	Non-Party: Any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
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2.8 	Party: Any party to this action, including all of its officers, directors,
employees, consultants, retained experts, and Counsel of Record (and their support
staffs).
2.9 	Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.10 	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.
2.11 	Protected 	Material: 	Any 	Disclosure 	or 	Discovery 	Material 	that 	is
designated as “CONFIDENTIAL.”
2.12 	Receiving Party: A Party that receives Disclosure or Discovery Material
from a Producing Party.
3. 	SCOPE
The protections conferred by this Protective 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 Protective 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
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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.
3.1. Plaintiff’s information. Briggs’ information is not subject to this Protective
Order, but his complete date of birth and complete Social Security number will be
redacted in any public court filing.
4. 	DURATION
Even after final disposition of this litigation, the confidentiality obligations
imposed by this Protective Order shall remain in effect until a 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 reviews of this action,
including the time limits for filing any motions or applications for extension of time
pursuant to applicable law.
5. 	DESIGNATING PROTECTED MATERIAL
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5.1 	Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. 	The Designating Party must designate
for protection only those parts of material, documents, items, or oral or written
communications that qualify—so that other portions of the material, documents,
items, or communications for which protection is not warranted are not swept
unjustifiably within the ambit of this Protective Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber or retard the case development process
or to impose unnecessary expenses and burdens on other parties) expose the
Designating Party to a motion for sanctions.
If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
promptly notify the other Party that it is withdrawing the mistaken designation.
5.2 	Manner and Timing of Designations. Except as otherwise provided in
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
under this Order must be clearly so designated before the material is disclosed or
produced. Designation in conformity with this Order requires:
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(a) For information in documentary form (e.g., paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings), that the
Producing Party affix the legend “CONFIDENTIAL” to each page that contains
protected material. 	If only a portion or portions of the material on a page qualifies
for protection, the Producing Party also must clearly identify the protected portion(s)
(e.g., by making appropriate markings in the margins).
A Party or Non-Party that makes original documents or materials available for
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
and before the designation, all of the material made available for inspection shall be
deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
it 	wants 	copied 	and 	produced, 	the 	Producing 	Party 	must 	determine 	which
documents, or portions thereof, qualify for protection under this Order. Then, before
producing 	the 	specified 	documents, 	the 	Producing 	Party 	must 	affix 	the
“CONFIDENTIAL” legend to each page that contains Protected Material. 	If only a
portion or portions of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).
(b) For testimony given in deposition or in other pretrial or trial proceedings,
that the Designating Party identify on the record, before the close of the deposition,
hearing, or other proceeding, all protected testimony.
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(c) For information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on the
exterior of the container or containers in which the information or item is stored the
legend “CONFIDENTIAL.” 	If only a portion or portions of the information or item
warrant protection, the Producing Party, to the extent practicable, shall identify the
protected portion(s).
5.3 	Inadvertent Failures to Designate. 	If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
the Designating Party’s right to secure protection under this Order for such material.
Upon timely correction of a designation, the Receiving Party must make reasonable
efforts to assure that the material is treated in accordance with this Order.
6. 	CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 	Timing of Challenges. 	Any Party or Non-Party may challenge a
designation 	of 	confidentiality 	at 	any 	time. 	Unless 	a 	prompt 	challenge 	to 	a
Designating Party’s confidentiality designation is necessary to avoid foreseeable,
substantial unfairness, unnecessary economic burdens, or a significant disruption or
delay of the litigation, a Party does not waive its right to challenge a confidentiality
designation 	by 	electing 	not 	to 	mount 	a 	challenge 	promptly 	after 	the 	original
designation is disclosed.
6.2 	Meet and Confer. 	The Challenging Party shall initiate the dispute
resolution process by providing written notice of each designation it is challenging
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and describing the basis for each challenge. 	To avoid ambiguity as to whether a
challenge has been made, the written notice must recite that the challenge to
confidentiality is being made in accordance with this specific paragraph of the
Protective Order. 	The parties shall attempt to resolve each challenge in good faith
and must begin the process by conferring within 14 days of the date of service of
notice. In conferring, the Challenging Party must explain the basis for its belief that
the confidentiality designation was not proper and must give the Designating Party
an opportunity to review the designated material, to reconsider the circumstances,
and, if no change in designation is offered, to explain the basis for the chosen
designation. 	A Challenging Party may proceed to the next stage of the challenge
process only if it has engaged in this meet and confer process first or establishes
that the Designating Party is unwilling to participate in the meet and confer process
in a timely manner.
6.3 	Judicial Intervention. 	If the Parties cannot resolve a challenge without
court intervention, the Designating Party shall file and serve a motion to retain
confidentiality under Local Civil Rule 7.1 (and in compliance with Local Civil Rule
7.3, if applicable) within 21 days of the initial notice of challenge or within 14 days of
the parties agreeing that the meet and confer process will not resolve their dispute,
whichever is earlier. 	Each such motion must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer
requirements imposed in the preceding paragraph. Failure by the Designating Party
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to make such a motion including the required declaration within 21 days (or 14 days,
if applicable) shall automatically waive the confidentiality designation for each
challenged designation. 	In addition, the Challenging Party may file a motion
challenging a confidentiality designation at any time if there is good cause for doing
so, including a challenge to the designation of a deposition transcript or any portions
thereof. 	Any motion brought pursuant to this provision must be accompanied by a
competent declaration affirming that the movant has complied with the meet and
confer requirements imposed by the preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the
Designating Party. 	Frivolous challenges, and those made for an improper purpose
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
expose the Challenging Party to a motion for sanctions. 	Unless the Designating
Party has waived the confidentiality designation by failing to file a motion to retain
confidentiality as described above, all parties shall continue to afford the material in
question the level of protection to which it is entitled under the Producing Party’s
designation until the Court rules on the challenge.
7. 	ACCESS TO AND USE OF PROTECTED MATERIAL
7.1 	Basic Principles. A Receiving Party may use Protected Material that is
disclosed or produced by another Party or by a Non-Party in connection with this
case only for prosecuting, defending, or attempting to settle this litigation. 	Such
Protected Material may be disclosed only to the categories of persons and under the
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conditions described in this Order. 	When the litigation has been terminated, a
Receiving Party must comply with the provisions of section 13 below (FINAL
DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
7.2 	Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
ordered by the Court or permitted in writing by the Designating Party, a Receiving
Party may disclose any information or item designated “CONFIDENTIAL” only to
Qualified Person defined as follows:
(a) the Receiving Party’s Counsel of Record in this action, as well as
employees of the Counsel of Record to whom it is reasonably necessary to disclose
the information for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A;
(b) the officers, directors, and employees (including Counsel) of the Receiving
Party to whom disclosure is reasonably necessary for this litigation and who have
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c) Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) the Court and its personnel;
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(e) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
A);
(f) during their depositions, witnesses in the action to whom disclosure is
reasonably necessary and who have signed the “Acknowledgment and Agreement
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
ordered by the Court. 	Pages of transcribed deposition testimony or exhibits to
depositions that reveal Protected Material must be separately bound by the court
reporter and may not be disclosed to anyone except as permitted under this
Protective Order. Witnesses may not retain a copy of any Protected Material.
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
7.3 	Records. 	Counsel 	shall 	keep 	records 	of 	all 	Protected 	Material
distributed, in whole or in part, to Qualified Persons. Any copy so distributed shall
be returned to counsel after the completion of the Qualified Person’s consultation
or representation in this case as set forth below, excluding Court filings. 	The
records required to be kept by this 	paragraph shall be made available for
inspection by the Producing Party or the Court if requested.
7.4 Protected Material. 	Protected Material produced may not be used for
any other purpose whatsoever other than conducting this litigation. 	Protected
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Material shall not be posted, discussed, or shared on social media in any form. No
Protected Material may be used in any other litigation. No Protected Material shall
be shared with anyone outside this litigation, including the media. 	The existence
of the Protected Material shall not be disclosed to anyone outside this litigation,
not even verbally. Parties, their counsel, and experts, or any other person retained
by 	Parties 	to 	assist 	in 	the 	preparation 	of 	this 	action 	shall 	not, 	under 	any
circumstances, sell, offer for sale, advertise, or publicize either the contents of
Protected Material or the fact that they have obtained confidential information.
8. 	PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this action as
“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. 	Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena
or order is subject to this Protective Order. Such notification shall include a copy of
this Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
by the 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 or court order shall not produce any information designated in this
action as “CONFIDENTIAL” before a determination by the court from which the
subpoena or order issued, unless the Party has obtained the Designating Party’s
permission. 	The Designating Party shall bear the burden and expense of seeking
protection in that court of its confidential material—and nothing in these provisions
should be construed as authorizing or encouraging a Receiving Party in this action
to disobey a lawful directive from another court.
9. 	A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by or about
a Non-Party in this action and designated as “CONFIDENTIAL.” 	Such information
produced by Non-Parties in connection with this litigation is protected by the
remedies and relief provided by this Order. 	Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request or court
order, to produce a Non-Party’s confidential information in its possession, and the
Party is subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party
that some or all 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 Protective Order
in this litigation, the relevant discovery request(s), and a reasonably specific
description of the information requested; and
(3) make the information requested available for inspection by the Non-
Party.
(c) If the Non-Party fails to object or seek a protective order from this court
within 14 days of receiving the notice and accompanying information, the Receiving
Party may produce the Non-Party’s confidential information responsive to the
discovery request. 	If the Non-Party timely seeks a protective order, the Receiving
Party shall not produce any information in its possession or control that is subject to
the confidentiality agreement with the Non-Party before a determination by the Court.
10. 	UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this
Protective Order, the Receiving Party must immediately (a) notify in writing the
Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
all unauthorized copies of the Protected Material, (c) inform the person or persons
to whom unauthorized disclosures were made of all the terms of this Order, and (d)
request such person or persons to execute the “Acknowledgment and Agreement to
Be Bound” (Exhibit A).
11. 	INADVERTENT 	PRODUCTION 	OF 	PRIVILEGED 	OR 	OTHERWISE
PROTECTED MATERIAL
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When 	a 	Producing 	Party 	gives 	notice 	to 	Receiving 	Parties 	that 	certain
inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
as the parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
parties may incorporate their agreement into a protective order to be submitted to
the Court.
12. 	MISCELLANEOUS
12.1 	Right to Further Relief. 	Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
12.2 	Right to Assert Other Objections. 	By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in this
Protective Order. Similarly, no Party waives any right to object on any ground to use
in evidence of any of the material covered by this Protective Order.
12.3 	Filing 	Protected 	Material. 	Without 	written 	permission 	from 	the
Designating Party or a court order secured after appropriate notice to all interested
persons, a Party may not file in the public record in this action any Protected Material.
A Party that seeks to file under seal any Protected Material must comply with Local
Civil Rule 7.3(f). Protected Material may only be filed under seal pursuant to a court
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order authorizing the sealing of the specific Protected Material at issue. Pursuant to
Local Civil Rule 7.3(f), a sealing order will issue only upon a request establishing
that the Protected Material at issue is privileged, protectable as a trade secret, or
otherwise entitled to protection under the law. 	If a Receiving Party's request to file
Protected Material under seal pursuant to Local Civil Rule 7.3(f) is denied by the
Court, then the Receiving Party may file the information in the public record pursuant
to Local Civil Rule unless otherwise instructed by the Court.
13. 	FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph
4, each Receiving Party must return all Protected Material to the Producing Party or
destroy such material. As used in this subdivision, “all Protected Material” includes
all copies, abstracts, compilations, summaries, and any other format reproducing or
capturing any of the Protected Material. Whether the Protected Material is returned
or destroyed, the Receiving Party must submit a written certification to the Producing
Party (and, if not the same person or entity, to the Designating Party) by the 60 day
deadline that (1) identifies (by category, where appropriate) all the Protected Material
that was returned or destroyed and (2) affirms that the Receiving Party has not
retained 	any 	copies, 	abstracts, 	compilations, 	summaries 	or 	any 	other 	format
reproducing or capturing any of the Protected Material. 	Notwithstanding this
provision, Counsel are entitled to retain an archival copy of all pleadings, motion
papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
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deposition and trial exhibits, expert reports, attorney work product, and consultant
and expert work product, even if such materials contain Protected Material. 	Any
such archival copies that contain or constitute Protected Material remain subject to
this Protective Order as set forth in Section 4 (DURATION).
DATED this 27 th day of June, 2023, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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