(PC) Parker v. Burkeheart, et al.

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Stipulated Protective Order (2:25-cv-02884-SCR)
ROB B ONTA, State Bar No. 202668
Attorney General of California
CHRISTOPHER H. FINDLEY, State Bar No. 174972
Supervising Deputy Attorney General
LAURA M ACFARLANE , State Bar No. 301284
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: (619) 738-9147
Fax: (916) 732-7920
E-mail: Laura.Macfarlane@doj.ca.gov
Attorneys for Defendants
M. Burkhart and E. Corter
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MELVIN PARKER,
Plaintiff,
v.
BURKEHEART, et al.,
Defendants.
2:25-cv-02884-SCR
STIPULATED PROTECTIVE ORDER
[L.R. 141.1]
Judge: 	The Honorable Sean C.
Riordan
Trial Date: 	Not Set
Action Filed: 	November 6, 2023
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Stipulated Protective Order (2:25-cv-02884-SCR)
1. 	PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action, including exchange of documents in
advance of early settlement conference, are likely to involve production of confidential,
proprietary, or private information for which special protection from public disclosure and from
use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the
parties hereby stipulate to and petition the court to enter the following Stipulated Protective
Order. The parties acknowledge that this Order does not confer blanket protections on all
disclosures, whether formal or informal, or responses to discovery and that the protection it
affords from public disclosure and use extends only to the limited information or items that are
entitled to confidential treatment under the applicable legal principles. The parties further
acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective Order does not
entitle them to file confidential information under seal. Civil Local Rules 140 and 141 set 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.
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): Outside Counsel of Record and House 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” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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, whether
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Stipulated Protective Order (2:25-cv-02884-SCR)
formal or informal, or responses to discovery in this matter. Disclosures include documents
informally exchanged during the stay of the case pending early settlement conference which are
exchanged for the purpose of facilitating settlement discussions and productive participation in
the conference.
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 	“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another
Party or Non-Party would create a substantial risk of serious harm that could not be avoided by
less restrictive means.
2.8 	House Counsel: attorneys who are employees of a party to this action. House
Counsel does not include Outside Counsel of Record or any other outside counsel.
2.9 	Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.
2.10 	Outside Counsel of Record: attorneys who are not employees of a party to this
action but are retained to represent or advise a party to this action and have appeared in this
action on behalf of that party or are affiliated with a law firm which has appeared on behalf of
that party.
2.11 	Party: any party to this action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.12 	Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
2.13 	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.
2.14 	Protected Material: any Disclosure or Discovery Material that is designated as
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Stipulated Protective Order (2:25-cv-02884-SCR)
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
2.15 	Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
3. 	SCOPE
The protections conferred by this Stipulation and 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 Stipulation and Order do not cover the following
information: (a) any information that is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
a result of publication not involving a violation of this Order, including becoming part of the
public record through trial or otherwise; and (b) any information known to the Receiving Party
prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of confidentiality to the Designating
Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
4. 	EASTERN DISTRICT LOCAL RULE 141.1 REQUIREMENTS.
4.1 	A description of the types of information eligible for protection under the order,
with the description provided in general terms sufficient to reveal the nature of the information.
Defendants, through the California Department of Corrections and Rehabilitation
(“CDCR”), are in custody of confidential records regarding Plaintiff Melvin Parker, concerning,
among other matters, investigative reports related to Plaintiff’s grievance history, incident
reports and audio-video surveillance system footage related thereto, confidential documents
identifying enemies of Plaintiff, and confidential memorandum related to Plaintiff. CDCR are
also in custody of confidential personnel, staff, and investigative files related to Defendants.
4.2 	A showing of particularized need for protection as to each category of information
proposed to be covered by the order.
///
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Stipulated Protective Order (2:25-cv-02884-SCR)
CDCR’s confidential documents regarding Plaintiffs, Defendants, and the incident at
issue in this litigation, which are sensitive and confidential, may be produced in this litigation,
and disclosure of such materials to the individual parties to this litigation and persons not a party
to this litigation will severely compromise CDCR’s ability to maintain institutional security and
the safety of CDCR staff, inmates, and the community. CDCR acknowledges that counsel may
need to discuss such information with their clients in litigating these claims. However, allowing
the non-CDCR parties to actually possess physical copies of such information creates an
unacceptable security risk that the information will be distributed to other inmates throughout the
CDCR.
CDCR has developed, maintained, and preserved, in the normal course of business, such
materials as confidential official information, and has maintained that confidentiality. Such
materials are privileged and sensitive materials, and their disclosure and distribution to the
inmate population would severely and adversely impact CDCR correctional officers’ ability to
maintain discipline and ensure the safety and security of inmates and staff, and endanger the
correctional officers, staff, other inmates, the prison, and, possibly, the greater community.
4.3 	A showing as to why the need for protection should be addressed by a court order,
as opposed to a private agreement between or among the parties.
The release of sensitive and confidential information to non-parties and inmates allows
the inmates access to CDCR methods, strategies, and tactics in ensuring and restoring safety and
order during incidents in the prisons. Disclosure of confidential materials would jeopardize the
safety and security of other inmates, and all staff because the inmates would have a knowledge
and understanding of staff responses to various incidents, and the inmates would be able to
strategize and plan activities in advance, knowing what the response may be.
5. 	DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by
this 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
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Stipulated Protective Order (2:25-cv-02884-SCR)
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.
6. 	DESIGNATING PROTECTED MATERIAL
6.1 	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 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 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 all other
Parties that it is withdrawing the mistaken designation.
6.2 	Manner and Timing of Designations.
Except as otherwise provided in this Order, 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:
(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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY” 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
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Stipulated Protective Order (2:25-cv-02884-SCR)
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 “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.” 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” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” 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. When it is impractical to identify separately each portion of
testimony that is entitled to protection and it appears that portions of the testimony may qualify
for protection, the Designating Party may invoke on the record (before the deposition, hearing, or
other proceeding is concluded) a right to have up to 30 days after receipt of the final deposition
transcript or copy thereof (or written notice that the transcript is available) to identify the specific
portions of the testimony as to which protection is sought and to specify the level of protection
being asserted. Only those portions of the testimony that are appropriately designated for
protection within the 30 days shall be covered by the provisions of this Stipulated Protective
Order. Alternatively, a Designating Party may specify, at the deposition or up to 30 days after
receipt of the final deposition transcript or copy thereof (or written notice that the transcript is
available) if that period is properly invoked, that the entire transcript shall be treated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
/ / /
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Stipulated Protective Order (2:25-cv-02884-SCR)
Parties shall give the other Parties notice if they reasonably expect a deposition,
hearing or other proceeding to include Protected Material so that the other Parties can ensure that
only authorized individuals who have signed the “Acknowledgment and Agreement to Be
Bound” (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a
deposition shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
Transcripts containing Protected Material shall have an obvious legend on the title
page that the transcript contains Protected Material. Any transcript that is prepared before the
expiration of a 30-day period for designation shall be treated during that period as if it had been
designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
otherwise agreed. After the expiration of that period, the transcript shall be treated only as
actually designated.
(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”
or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 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).
6.3 	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 the provisions of this
Order.
7. 	CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1 	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
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Stipulated Protective Order (2:25-cv-02884-SCR)
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.
7.2 	Meet and Confer.
The Challenging Party shall initiate the dispute resolution process by providing written
notice of each designation it is challenging 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 directly (in voice to voice dialogue; other forms of
communication are not sufficient) 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.
7.3 	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 Civil Local Rule 230 (and in
compliance with Civil Local Rules 140, 141, and 141.1(e), 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 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
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Stipulated Protective Order (2:25-cv-02884-SCR)
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
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.
8. 	ACCESS TO AND USE OF PROTECTED MATERIAL
8.1 	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 conditions described in this Order. When the litigation has
been terminated, a Receiving Party must comply with the provisions of section 14 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.
8.2 	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:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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Stipulated Protective Order (2:25-cv-02884-SCR)
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 House 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) the named plaintiff who has signed the “Acknowledgment and Agreement to
Be Bound” (Exhibit A);
(d) 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);
(e) the court and its personnel;
(f) court reporters and their staff, professional jury or trial consultants, mock jurors,
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);
(g) 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.
(h) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
8.3 	Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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 “HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
employees of said Outside 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;
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Stipulated Protective Order (2:25-cv-02884-SCR)
(b) 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);
(c) the court and its personnel;
(d) 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);
(e) 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; and
(f) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
9. 	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” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 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 Stipulated 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.
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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
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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.
10. 	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 a Non-Party in
this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.” 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, 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;
(2) promptly provide the Non-Party with a copy of the Stipulated 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. Absent a court order to the contrary, the Non-Party shall bear the
burden and expense of seeking protection in this court of its Protected Material.
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11. 	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 Stipulated 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” that is attached hereto as Exhibit A.
12. 	INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
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). This
provision is not intended to modify whatever procedure may be established in an e-discovery
order that provides for production without prior privilege review. 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 in the stipulated protective order
submitted to the court.
13. 	MISCELLANEOUS
13.1 	Right to Further Relief.
Nothing in this Order abridges the right of any person to seek its modification by the
court in the future.
13.2 	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 Stipulated 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.
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Stipulated Protective Order (2:25-cv-02884-SCR)
13.3 	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 Civil Local Rules 140, 141, and 141.1(e). Protected Material may only be filed under seal
pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Local
Rule 141.
14. 	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, 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 5 (DURATION).
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Stipulated Protective Order (2:25-cv-02884-SCR)
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: September 28, 2026 	Respectfully submitted,
ROB B ONTA
Attorney General of California
CHRISTOPHER H. F INDLEY
Supervising Deputy Attorney General
/s/ Laura G. Macfarlane
L AURA M ACFARLANE
Deputy Attorney General
Attorneys for Defendants
M. Burkhart and E. Corter
Dated: September 28, 2026 	THE L UCAS L AW F IRM
/s/ Jesse Lucas (as authorized on
09/28/2026)
J ESSE L UCAS
Attorney for Plaintiff Melvin Parker
PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.
DATED: October 13, 2026
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Stipulated Protective Order (2:25-cv-02884-SCR)
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _________________________________________________ [print or type full name],
of _________________________________________________________ [print or type full
address], declare under penalty of perjury that I have read in its entirety and understand the
Stipulated Protective Order that was issued by the United States District Court for the Eastern
District of California on [date] in the case of Melvin Parker v. Burkeheart et. al, 2:25-cv-02884-
SCR (E.D. Cal.). I agree to comply with and to be bound by all the terms of this Stipulated
Protective Order and I understand and acknowledge that failure to so comply could expose me to
sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in
any manner any information or item that is subject to this Stipulated Protective Order to any
person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action.
Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: __________________________________
Case 2:25-cv-02884-SCR Document 34 Filed 10/14/26 Page 17 of 17