1 2 3 4 5 6 7 8 9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11 CHRISTOPHER KLUWE, Case No. 8:25-cv-1648-FWS-JDEx 12 Plaintiff,

STIPULATED PROTECTIVE

13 v. ORDER

HUNTINGTON BEACH UNION

14 HIGH SCHOOL DISTRICT, et al., [Note Changes by the Court] 15 Defendants. 16

17 Based on the Parties’ Stipulation (Dkt. 74) and for good cause shown, the 18 Court finds and orders as follows. 19 As Parties and Non-Parties in the above-captioned case (the “Action” or this 20 “Litigation”) may be subject to discovery requests and/or proceedings that seek the 21 disclosure of information that is confidential, proprietary, and/or private for which 22 special protection from public disclosure and from use for any purpose other than pursuing this litigation may be warranted, pursuant Federal Rule of Civil Procedure 23 26(c), the Court enters the following Protective Order. The parties have 24 acknowledged that this Order does not confer blanket protections on all disclosures 25 or responses to discovery and that the protection it affords from public disclosure and 26 use extends only to the limited information or items that are entitled to confidential 27 treatment under the applicable legal principles. 28 1 Good cause exists for this Protective Order because Defendant Epting wishes 2 to preserve the confidentiality of his personal identifying information and financial 3 any relevant information. Defendant Huntington Beach Union High School District 4 wishes to preserve the confidentiality of its personnel files and employee records and 5 the third-party privacy rights of its employees and students. 6 Accordingly, to expedite the flow of information, to facilitate the prompt 7 resolution of disputes over confidentiality of discovery materials, to adequately 8 protect information the parties are entitled to keep confidential, to ensure that the 9 Parties are permitted reasonable necessary uses of such material in preparation for 10 and in the conduct of trial, to address their handling at the end of the litigation, and 11 serve the ends of justice, a protective order for such information is justified in this 12 matter. It is the intent of the Parties that information will not be designated as 13 confidential for tactical reasons and that nothing be so designated without a good 14 faith belief that it has been maintained in a confidential, non-public manner, and there 15 is good cause why it should not be part of the public record of this case. 16 I. DEFINITIONS. 17 A. Action or Litigation: The above-captioned action pending in the United 18 States District Court for the Central District of California, Christopher Kluwe v. 19 Huntington Beach Union High School District, et al., No. 8:25-cv-01648 (C.D. Cal.). 20 B. Challenging Party: A party that challenges the designation of material, 21 information, or items under this Order. 22 C. Confidential Material: Non-public material, information, or items 23 containing information the Designating Party has maintained in confidence and in 24 good faith believes contain genuinely private, financial, medical, or other 25 confidential information entitled to protection under Federal Rule of Civil Procedure 26 26(c) or other applicable law. 27 D. Counsel: Outside Counsel of Record and In-House Counsel (as well as 28 their support staff). 1 E. Designating Party: A Party or Non-Party that designates material, 2 information, or items that it produces in disclosures or in response to discovery as 3 Confidential Material or Highly Confidential Material. 4 F. Disclosure or Discovery Material: All material, items, or information, 5 regardless of the medium or manner in which they are generated, stored, or 6 maintained (including, among other things, testimony, transcripts, and tangible 7 things), that are produced or generated in disclosures or responses to discovery in the 8 Litigation. 9 G. Expert: A person with specialized knowledge or experience in a matter 10 pertinent to the Litigation who has been retained by a Party or its Counsel to serve as 11 an expert witness or consultant in the Litigation. 12 H. Highly Confidential: Non-public material, information, or items 13 containing information the Designating Party has maintained in confidence and in 14 good faith believes contain genuinely and extremely sensitive private, financial, 15 medical, or other confidential information entitled to protection under Federal Rule 16 of Civil Procedure 26(c) or other applicable law, particularly private and personal 17 financial information, which warrants heightened protection and that disclosure of 18 which would risk serious injury. 19 I. In-House Counsel: Attorneys who are employees of a Party in this 20 Litigation. In-House Counsel does not include Outside Counsel of Record or any 21 other outside counsel. 22 J. Non-Party: Any natural person, partnership, corporation, association, or 23 other legal entity not named as a Party in this Action. 24 K. Outside Counsel of Record: Attorneys who are not employees of a Party 25 in this Litigation but are retained to represent or advise a Party to the Action and have 26 appeared in the Litigation on behalf of that Party or are affiliated with or contracted 27 by a law firm which has appeared on behalf of that Party. 28 / / / 1 L. Party: Any party to this Action—including Plaintiff Christopher Kluwe, 2 Defendant Huntington Beach Union High School District, Defendants Carolee 3 Ogata, Susan Henry, Daniel Bryan, Daniel Morris, and Edward Begany (in their 4 individual and official capacities), and Defendant Christian Epting—including all of 5 their respective officers, directors, and employees. 6 M. Producing Non-Party: A Non-Party that produces Disclosure or 7 Discovery Material in this Litigation. 8 N. Producing Party: A Party that produces Disclosure or Discovery 9 Material in this Litigation. 10 O. Professional Vendors: persons or entities that provide litigation support 11 services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) 13 and their employees and subcontractors. 14 P. Protected Material: Any Disclosure or Discovery Material that is 15 designated as Confidential Material or Highly Confidential Material. 16 Q. Receiving Party: A Party that receives Disclosure or Discovery Material 17 from a Producing Party. 18 II. MATERIALS COVERED. 19 A. Scope: This Protective Order governs the handling of Disclosure or 20 Discovery Material designated as “Confidential Material” or “Highly Confidential” 21 (as these terms are defined above) regardless of the medium or manner in which the 22 materials are generated, stored, or maintained. Any Producing Party or Producing 23 Non-Party may, based on a good-faith belief that such materials are entitled to 24 protection under Federal Rule of Civil Procedure 26(c) or other applicable law, 25 designate all or any part of a document, discovery response, deposition, or other 26 material that they produce, serve, or provide in connection with the Actions as 27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” as described below. The 28 designation of any material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 1 will constitute a representation by a Producing Party or Producing Non-Party that it 2 has made a good-faith determination that any material so designated is confidential 3 or protected under Federal Rule 26 and this Protective Order. In no event shall a 4 Producing Party or Producing Non-Party automatically designate every document 5 produced as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. Blanket or 6 automatic designation is prohibited, good-faith review of documents prior to any 7 designation is required. 8 B. Notwithstanding the foregoing, information that is in the public domain 9 (e.g. published posts, news articles) or which is already known by the Receiving Party 10 through proper means or which is or becomes available to a Party from a source other 11 than a Designating Party or a third party asserting confidentiality, rightfully in 12 possession of such material on a non-confidential basis, will be presumed to be non- 13 confidential material under this Protective Order and may be used outside of this 14 Litigation. 15 C. Except as otherwise provided in this Order or as otherwise stipulated or 16 ordered, Disclosure or Discovery Material that qualifies for protection under this 17 Order must be clearly so designated before the material is disclosed or produced. 18 D. Any Confidential Material, Highly Confidential Material, or materials 19 derived from Confidential Material or Highly Confidential Material, whether or not 20 filed with the Court, must be designated as “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL” as provided in this Paragraph D. For documents in hard-copy 22 form or modifiable electronic format, such documents must be designated as 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by stamping each page of the 24 document in such a way as not to obscure any part of the text or content. A Producing 25 Party or Producing Non-Party may designate natively produced electronic documents 26 and other non-imaged media as “CONFIDENTIAL” or “HIGHLY 27 CONFIDENTIAL” as appropriate, by noting such designation in an accompanying 28 cover letter (i.e., placeholder) and, to the extent possible, by affixing a legend or 1 stamp to the media itself (i.e., disc, hard-drive, etc.) on which the Confidential 2 Material or Highly Confidential Material is provided, and including the appropriate 3 confidentiality designation in the load file provided with the electronic production. 4 Whenever any Party to whom electronically stored documents are produced reduces 5 such documents to hardcopy form, that Party shall designate the hard-copy 6 documents with a legend, stamp, or watermark as provided in this Paragraph. A Party 7 or Non-Party that makes original documents or materials available for inspection 8 need not designate them for protection until after the inspecting Party has indicated 9 which material it would like copied and produced. During the inspection and before 10 the designation, all of the material made available for inspection shall be deemed 11 Confidential Material or Highly Confidential Material. After the inspecting Party 12 has identified the documents it wants copied and produced, the Producing Party must 13 determine which documents, or pages thereof, qualify for protection under this Order. 14 Then, before producing the specified documents, the Producing Party must affix the 15 appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”) to each 16 document or page of a document that contains Protected Material. 17 E. Testimony provided in this Litigation in deposition may be designated 18 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by any Party or Non-Party 19 if the testimony concerns or relates to that Party’s or Non-Party’s Confidential 20 Material or Highly Confidential Material. Counsel for a Party or any Non-Party may 21 state on the record during a deposition that the testimony shall be treated as 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. If such a designation on the 23 record is made, the Parties shall treat the entirety of such deposition testimony as so 24 designated on the record for a period of 30 days from the date of receipt by Outside 25 Counsel of Record of a final transcript, during which time a Designating Party may 26 identify the specific portions of testimony as to which protection is sought. At the 27 expiration of that 30-day period, only those portions that are specifically identified 28 will qualify for protection under this Order. Alternatively, during that 30-day period, 1 a Designating Party may, if appropriate, designate the entire deposition transcript as 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. Any rough deposition 3 transcript that is generated before receipt by Outside Counsel of Record of a final 4 transcript also shall be treated during the 30-day period as if it had been designated 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” in its entirety unless 6 otherwise agreed. After the expiration of that period, the rough and final transcript 7 shall be treated only as actually designated. Each Party shall provide notice to all 8 other Parties if it reasonably expects to reference or use Protected Material at a 9 deposition, hearing or other proceeding so that the other Parties can attempt to ensure 10 that only authorized individuals who have signed the Declaration in the form annexed 11 hereto as Exhibit A are present at those proceedings. The use of a document as an 12 exhibit at a deposition shall not in any way affect its designation as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. 14 F. Materials produced in some form other than documentary form and any 15 tangible items may be designated as “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL” by affixing in a prominent place on the exterior of the container 17 or containers in which the information or item is stored the legend 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. If only a portion or portions 19 of the information or item warrant protection, the Producing Party, to the extent 20 practicable, shall identify the protected portion(s). 21 G. Any Confidential Material or Highly Confidential Material that was 22 exchanged by the Parties before execution of this Protective Order is also covered by 23 the provisions of this Protective Order. 24 H. Notwithstanding any contrary provision of this Order, each Designating 25 Party retains the right to re-designate documents and things, and deposition testimony 26 and other oral disclosures, subject to Paragraph IX. Upon such re-designation, each 27 Party and Non-Party shall in good faith endeavor to treat such written materials and 28 oral disclosures in accordance with such designation from that time forward. 1 III. ACKNOWLEDGEMENT OF UNDER SEAL FILING PROCEDURE. 2 A. The Parties further acknowledge, below, that this Stipulated Protective 3 Order does not entitle them to file confidential information under seal; Local Civil 4 Rule 79-5 sets forth the procedures that must be followed and the standards that will 5 be applied when a party seeks permission from the court to file material under seal. 6 There is a strong presumption that the public has a right of access to judicial 7 proceedings and records in civil cases. In connection with non-dispositive motions, 8 good cause must be shown to support a filing under seal. See Kamakana v. City and 9 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 10 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 11 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 12 cause showing), and a specific showing of good cause or compelling reasons with 13 proper evidentiary support and legal justification, must be made with respect to 14 Protected Material that a party seeks to file under seal. The parties’ mere designation 15 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 16 CONFIDENTIAL does not— without the submission of competent evidence by 17 declaration, establishing that the material sought to be filed under seal qualifies as 18 confidential, privileged, or otherwise protectable—constitute good cause. 19 B. Further, if a party requests sealing related to a dispositive motion or 20 trial, then compelling reasons, not only good cause, for the sealing must be 21 shown, and the relief sought shall be narrowly tailored to serve the specific 22 interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677- 23 79 (9th Cir. 2010). For each item or type of information, document, or thing 24 sought to be filed or introduced under seal, the party seeking protection must 25 articulate compelling reasons, supported by specific facts and legal justification, 26 for the requested sealing order. Again, competent evidence supporting the 27 application to file documents under seal must be provided by declaration. 28 / / / 1 C. Any document that is not confidential, privileged, or otherwise 2 protectable in its entirety will not be filed under seal if the confidential portions 3 can be redacted. If documents can be redacted, then a redacted version for public 4 viewing, omitting only the confidential, privileged, or otherwise protectable 5 portions of the document, shall be filed. Any application that seeks to file 6 documents under seal in their entirety should include an explanation of why 7 redaction is not feasible. 8 IV. USE OF MATERIALS AND DECLARATION. 9 A. The Parties shall use all Protected Material and information derived 10 from Protected Material solely, as applicable, in furtherance of the prosecution, 11 defense, or attempted settlement of this Action. All materials designated 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” must be stored and 13 maintained by the Receiving Party in a manner no less secure than a Receiving Party 14 would store and maintain its own confidential material or that of its clients. Upon 15 conclusion of this Action, a Receiving Party must comply with the provisions of 16 Paragraph VIII below regarding return or destruction of Protected Material. 17 B. Each Receiving Party, except the persons identified in Paragraph IV(A)- 18 (B), (D), (G), and (I), shall execute a Declaration in the form annexed hereto as 19 Exhibit A and shall agree to be bound by this Protective Order before receiving any 20 Protected Material. Counsel for each Party shall maintain the executed Declarations 21 and need not provide copies to any other Party, unless there is a genuine dispute 22 between the Parties concerning a person’s handling of Protected Material, or except 23 as expressly provided for herein. 24 C. Notwithstanding any contrary provision in this Protective Order, a Party 25 is permitted to disclose Protected Material to the extent required by a valid subpoena 26 or other valid legal process, provided that the procedures in this Paragraph C are 27 followed. The Party that has received a valid subpoena or other valid legal process 28 (the “Subpoenaed Party”) in this Litigation must provide the Designating Party with 1 written notice of such subpoena or other legal process and include in such notification 2 a copy of the subpoena or court order, via electronic mail or hand delivery, 3 immediately upon receipt but in no event later than within five (5) business days of 4 receiving the subpoena or a lesser period if ordered by the Court (“the Response 5 Period”), in order to afford the Designating Party an opportunity to object. The 6 Subpoenaed Party shall also inform the persons seeking discovery in writing (with 7 copy to the Designating Party) that the information is subject to this Protective Order. 8 If the Designating Party does not move for a protective order in this Court within the 9 time allowed for production by the subpoena or request and give written notice of 10 such motion to the Subpoenaed Party, the Subpoenaed Party may commence 11 production of documents or proceed with a deposition in response to the request or 12 subpoena. The Subpoenaed Party will not produce any Protected Material while a 13 motion for a protective order brought by the Designated Party pursuant to this 14 paragraph is pending or while an appeal from or request for appellate review of such 15 motion is pending, unless a court of competent jurisdiction orders otherwise. In such 16 case, production of Protected Material pursuant to a court order will not be deemed 17 a violation of this Protective Order. However, nothing in this Protective Order should 18 be interpreted as authorizing any Party to ignore or disobey a lawful order or directive 19 from a court. The Designating Party shall bear the burden and expense of seeking 20 protection of its Protected Material. The Subpoenaed Party must cooperate with 21 respect to all reasonable procedures sought to be pursued by the Designating Party 22 whose Protected Material may be affected. 23 V. DISCLOSURE OF CONFIDENTIAL AND HIGHLY CONFIDENTIAL 24 MATERIAL. 25 Unless otherwise ordered by this Court or permitted in writing by a 26 Designating Party, disclosure of Confidential Material may be made only to: 27 A. This Court, including its secretaries, clerks, law clerks, and other staff; 28 B. Outside Counsel of Record in this Action, and their employed or 1 retained support staff, secretaries, paralegals, legal assistants, and support services 2 (including, without limitation, copy services, litigation consultants or vendors, 3 including, but not limited to, document management services, graphics services, 4 outside exhibit preparation companies, independent support services personnel, and 5 database/coding service personnel); 6 C. In-House Counsel for each Party in this Action, as well as the secretarial 7 and clerical employees of each Party who work regularly with In-House Counsel, 8 where such disclosure is for the sole purpose of assisting with this Action; 9 D. Court reporters/stenographers, court videographers, and similar 10 transcription services and their support staff (this category hereinafter referred to as 11 “Court Reporters”); 12 E. Any Expert (as defined in this Order) of a Party, including all Non-Party 13 personnel and support staff assisting such Expert, to whom disclosure is reasonably 14 necessary for purposes of the Action and who has signed the Declaration in the form 15 annexed hereto as Exhibit A; 16 F. Any mediators engaged by the Parties, and their support staff; 17 G. Any person that counsel for a Party has a good-faith basis to believe 18 prepared, received, reviewed, or had knowledge about the subject matter of the 19 Confidential Material or whose conduct is covered by this Protective Order; 20 H. Current or former officers, directors, and employees of a Party where 21 the current and former officers, directors, and employees are reasonably believed to 22 have had access to the Protected Material in the course of his or her employment, or 23 a person designated as a Rule 30(b)(6) witness by the Designating Party, and to the 24 extent that designee is not otherwise covered by this Protective Order and has signed 25 Exhibit A; 26 I. To Mr. Epting’s immediate family or to a personal advisor, that is 27 disclosed to the Parties, and has signed Exhibit A; 28 J. The author or recipient of a document containing the information; and 1 K. Any deponent or witness, during the course of sworn testimony in this 2 Action, whom counsel (i) believes in good faith has previously seen the document or 3 (ii) has objective reason to believe possesses knowledge of the subject matter of the 4 confidential information, subject to the Disclosing Party’s consent, which shall not 5 be unreasonably withheld. If a dispute arises during a deposition concerning whether 6 a witness may be shown particular document(s), and the Parties themselves cannot 7 reach an agreement, the Parties shall attempt to contact the Court for immediate 8 resolution. If, despite such efforts, no agreement can be reached, the Parties may 9 seek a later Court determination, and the examining party reserves all rights, 10 including the right to ask the Court to re-open the deposition at the expense of the 11 Party who prevents the initial questioning from taking place. Persons authorized to 12 view Confidential Material under this sub-paragraph are not permitted to retain 13 copies of such materials. 14 Access to Highly Confidential Material shall not be permitted to a Party, other 15 than the Producing Party. 16 Access to Highly Confidential Material shall be permitted only to the 17 following persons or entities. 18 A. This Court, including its secretaries, clerks, law clerks, and other staff; 19 B. Outside Counsel of Record in this Action, and their employed or retained 20 support staff, secretaries, paralegals, legal assistants, and support services 21 (including, without limitation, copy services, litigation consultants or 22 vendors, including, but not limited to, document management services, 23 graphics services, outside exhibit preparation companies, independent 24 support services personnel, and database/coding service personnel); 25 C. Court reporters/stenographers, court videographers, and similar 26 transcription services and their support staff (this category hereinafter 27 referred to as “Court Reporters”); 28 D. Any Non-Party Expert, including all Non-Party personnel and support staff 1 assisting such Expert, to whom disclosure is reasonably necessary for 2 purposes of the Action and who has signed the Declaration in the form 3 annexed hereto as Exhibit A; 4 E. Any mediators engaged by the Parties, and their support staff. 5 VI. CHALLENGES TO DESIGNATIONS. 6 A Receiving Party is under no obligation to challenge the propriety of a 7 Confidential or Highly Confidential designation at the time the designation is made, 8 and may challenge such designation at any time that is consistent with the Court’s 9 Scheduling Order. However, once a party determines a challenge is warranted, it 10 should make a prompt challenge, and no party should unreasonably delay raising 11 such challenges. In the event that a Party disagrees with a Confidential or Highly 12 Confidential designation made by another Party or a Non-Party, the following 13 procedure shall be used: 14 A. The Party disputing a designation of material as “CONFIDENTIAL” or 15 “HIGHLY CONFIDENTIAL” shall, in writing, notify the Producing Party or 16 Producing Non-Party that it is disputing the designation (the “Challenge Notice”) and 17 requesting a meet and confer pursuant to Local Rule 37-1 et seq. To avoid ambiguity 18 as to whether a challenge has been made, the Challenge Notice must recite that the 19 challenge to confidentiality is being made in accordance with this Order. The 20 Challenge Notice shall also: (i) identify the specific materials in dispute by exact 21 Bates number(s) (or by other identification if Bates number(s) are not on said 22 materials), or by describing the category of documents to be challenged where 23 appropriate; and (ii) specify the reasons the Party believes the materials are not 24 entitled to Protected Material treatment under this Protective Order or the Federal 25 Rules of Civil Procedure. The Producing Party or Producing Non-Party shall confer 26 with the Challenging Party within ten days after service of the Challenge Notice in 27 compliance with Local Rule 37-1 et seq. If the Producing Party or Producing Non- 28 Party does not confer with the Challenging Party within ten (10) days after service 1 of the Challenge Notice, the materials will be presumptively determined to be non- 2 confidential and not subject to confidential treatment under this Protective Order or 3 the Federal Rules of Civil Procedure. If a large number of designations are 4 challenged at once, the Producing Party or Producing Non-Party may request 5 additional time to respond. 6 B. If counsel for the Parties are unable to resolve the dispute, the parties 7 shall prepare a Joint Stipulation in accordance with Local Rule 37-2 et seq. The 8 Producing Party or Producing Non-Party will have the burden of proof to establish 9 the propriety of its designations of material as “CONFIDENTIAL” or “HIGHLY 10 CONFIDENTIAL”. The Challenging Party shall not make frivolous challenges or 11 those otherwise made for an improper purpose (e.g., to harass or impose unnecessary 12 expenses and burdens on other parties). Any challenge found to be frivolous or 13 otherwise made for an improper purpose may expose the Challenging Party to 14 sanctions. Unless the Producing Party has waived or withdrawn the confidentiality 15 designation, all parties shall continue to afford the material in question the level of 16 protection to which it is entitled under the Producing Party’s designation until the 17 Court rules on the challenge. 18 VII. HANDLING OF PROTECTED MATERIALS. 19 A Receiving Party agrees to undertake reasonable efforts to maintain the 20 confidentiality of Protected Materials. Persons who have been shown Protected 21 Material pursuant to this Protective Order and have not otherwise obtained or 22 maintained the material in the normal course of business shall not retain copies of 23 such Protected Material or documents that reflect Protected Material. Within sixty 24 days after such time as this Action is concluded, by either the later of (1) dismissal 25 of all claims and defenses in the Action, with or without prejudice; or (2) final 26 judgment herein after the completion and exhaustion of all appeals, rehearings, 27 remands, trials, or reviews of the Action, including the time limits for filing any 28 motions or applications for extension of time pursuant to applicable law, counsel will, 1 at their option, return or undertake commercially reasonable efforts to destroy all 2 Protected Material (including but not limited to copies in the possession or control of 3 any Expert or employee). Whether the Protected Material is returned or destroyed, 4 the Receiving Party must submit a written certification to the Producing Party (and, 5 if not the same person or entity, to the Designating Party) by the 60-day deadline that 6 (1) states that all the Protected Material that was returned or destroyed and (2) affirms 7 that the Receiving Party has not retained any copies, abstracts, compilations, 8 summaries or any other format reproducing or capturing any of the Protected 9 Material. Notwithstanding this provision, as to those materials that contain, reflect, 10 incorporate, attach, or reference attorney work product, counsel of record for the 11 Parties shall be entitled, without violating this Protective Order, to retain such work 12 product in their files, so long as the terms of this Protective Order will continue to 13 govern any such retained materials. In addition, counsel shall be entitled, without 14 violating this Protective Order, to retain pleadings, affidavits, motions, briefs, expert 15 reports (and exhibits thereto), correspondence (including internal correspondence 16 and email (and attachments)), any other papers filed with the Court (including 17 exhibits), deposition transcripts, the trial record (including exhibits), and papers 18 necessary to comply with professional obligations (insurance coverage, malpractice 19 defense, and fee petitions) even if such materials contain Protected Material, so long 20 as this Protective Order will continue to govern any such retained materials. If a 21 Party to this Action settles and/or otherwise is dismissed from this Action before the 22 conclusion of this Action (the “Dismissed Party”), then the Dismissed Party must 23 follow the requirements set forth in this Paragraph. The Dismissed Party must either 24 return or destroy all Protected Material received in the Action, as set forth above, 25 within 60 days of settling and/or being dismissed from the Action. Any other Party 26 remaining in the Action is not required to return any Protected Material received from 27 the Dismissed Party until this Action are concluded, as set forth above. For the 28 1 avoidance of doubt, nothing in this Paragraph obligates any Party to destroy its own 2 Protected Material at the close of this Action or at any other time. 3 VIII. INADVERTENT FAILURE TO DESIGNATE. 4 In the event that Protected Material is inadvertently produced without having 5 been previously marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, the 6 Receiving Party shall, upon a written request from the Designating Party, treat and 7 preserve such document, paper, or thing in accordance with the confidentiality 8 designation that the Designating Party states should have been affixed to it. The 9 Designating Party must then, within ten days of its written request, or such other time 10 as agreed by the Parties, reproduce the document, paper, or thing with the appropriate 11 confidentiality designation. The Receiving Party shall then replace the incorrectly 12 designated materials with the newly designated materials and shall, within ten days 13 of receipt of the replacement set, return the non-designated material, or confirm in 14 writing that all copies of it have been destroyed. The inadvertent failure of a 15 Producing Party or Producing Non-Party to designate a document as 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” at the time of production will 17 not operate as a waiver of the rights and protections afforded by this Protective Order, 18 either as to specific information in the document or as to any other information 19 relating thereto or on the same or related subject matter. No Party will be deemed to 20 have violated this Protective Order if, before notification of any later designation, 21 such material has been disclosed or used in a manner inconsistent with the later 22 designation. Once a designation is made, however, the relevant documents or 23 materials must be treated as CONFIDENTIAL or HIGHLY CONFIDENTIAL in 24 accordance with this Protective Order. If material inadvertently not designated is, at 25 the time of the later designation, already filed with a court on the public record, the 26 Producing Party or Producing Non-Party that failed to make the designation will, at 27 its discretion, move for appropriate relief. 28 / / / 1 IX. INADVERTENT DISCLOSURE OF PROTECTED MATERIAL BY 2 RECEIVING PARTY. 3 If a Receiving Party learns that it has inadvertently disclosed Protected 4 Material to any person or disclosed Protected Material in any circumstance not 5 authorized by this Protective Order, including in the event of a security or data 6 breach, the Receiving Party shall, as soon as is practicable but no later than within 7 five business days: (i) notify in writing the Designating Party of the unauthorized 8 disclosure; (ii) use its best efforts to retrieve all copies of the Protected Material; and 9 (iii) inform the person or persons to whom unauthorized disclosure was made, to the 10 extent the person or persons are identifiable, of all the terms of this Protective Order 11 and have the person or persons execute a Declaration in the form annexed hereto as 12 Exhibit A. If Protected Material is used inadvertently during depositions in 13 contravention of other provisions of this Protective Order, the Protected Material will 14 not lose its confidential or highly confidential status through such use, and counsel 15 shall exercise their best efforts and take all steps reasonably required to protect its 16 confidentiality during such use. If such Protected Material is inadvertently disclosed 17 to a deposition witness, and the witness has testified concerning that information, the 18 witness may be examined and cross-examined with respect to the document(s) or 19 information disclosed for the remainder of the deposition. 20 X. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL. 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\ 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 26 may be established in an e-discovery order that provides for production without prior 27 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 28 parties reach an agreement on the effect of disclosure of a communication or 1 information covered by the attorney-client privilege or work product protection, the 2 parties may incorporate their agreement in the stipulated protective order submitted 3 to the court. 4 XI. REQUEST TO A PARTY SEEKING NON-PARTY CONFIDENTIAL 5 INFORMATION. 6 In the event that a Party is required, by a valid discovery request, to produce a 7 Non-Party’s confidential information in its possession, custody, or control, and the 8 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: (a) promptly notify in writing the 10 Requesting Party and the Non-Party that some or all of the information requested is 11 subject to a confidentiality agreement with a Non-Party; (b) promptly provide the 12 Non-Party with a copy of this Order, the relevant discovery request(s), and a 13 reasonably specific description of the information requested; and (c) make the 14 information requested available for inspection by the Non-Party. If the Non-Party 15 fails to object or seek a protective order from this Court within 14 days of receiving 16 the notice and accompanying information, the Party that received the discovery 17 request may produce the Non-Party’s responsive confidential information. If the 18 Non-Party timely seeks a protective order, the Party that received the discovery 19 request shall not produce any information in its possession or control that is subject 20 to the confidentiality agreement with the Non-Party before a determination by the 21 Court. Once a Non-Party files a motion for protective order, compliance deadlines 22 will be tolled until the Court rules on the motion. Absent a court order to the contrary, 23 the Non-Party shall bear the burden and expense of seeking protection in this Court 24 of its Protected Material. 25 XII. INFORMATION FROM NON-PARTY SOURCES. 26 To the extent that any discovery requests pursuant to the Federal Rules of Civil 27 Procedure are served on a Non-Party, the Party serving the discovery request(s) shall, 28 at the time of service, provide the Non-Party with a copy of this Protective Order. A 1 Non-Party may designate Protected Material as “CONFIDENTIAL” or “HIGHLY 2 CONFIDENTIAL” pursuant to the provisions of this Protective Order. 3 XIII. FILING PROTECTED MATERIAL WITH THE COURT. 4 A Party wishing to file Protected Material or information derived from 5 Protected Material with the Court must comply with Local Rule 79-5, et seq., of the 6 Local Rules of the United States District Court for the Central District of California. 7 XIV. FURTHER APPLICATION. 8 Nothing in this Protective Order precludes any Party, or any Non-Party from 9 whom discovery has been requested, from applying to the Court for additional or 10 different protective provisions with respect to specific material if the need arises 11 during this Action. The Court shall retain jurisdiction over the Parties, and over any 12 person executing an undertaking to be bound by the terms of this Protective Order, 13 during the pendency of this Action and for such time thereafter as is needed to carry 14 out the terms of this Protective Order. 15 XV. MODIFICATION BY THE COURT OR THE PARTIES. 16 The Court retains the right to modify this Protective Order. Furthermore, 17 nothing herein shall prejudice the right of the Parties to stipulate (subject to Court 18 approval) without further motion or to move to amend or modify this Protective 19 Order for good cause. 20 XVI. RIGHT TO ASSERT OTHER OBJECTIONS. 21 No Party waives through entry of this Order any right it otherwise would have 22 to object to disclosing or producing any information or item on any ground not 23 addressed in this Order, including but not limited to the right to raise proportionality 24 principles and objections to burden. Similarly, no Party waives any right to object 25 on any ground to the use in evidence of any of the material covered by this Order. 26 XVII. USE BY PARTY OF ITS OWN MATERIALS. 27 Nothing in this Protective Order prevents a Party from using its own Protected 28 Materials in any way that it sees fit, without prior consent of any person or the Court, 1 || provided that public disclosure by a Party of its own Protected Material will 2 || constitute the Party’s waiver of the designation of that document for its use by any 3 || Party in this Action. 4 | XVIII. RIGHT OF A PARTY TO USE INDEPENDENTLY OBTAINED 5 | DOCUMENTS. 6 Nothing in this Order shall impose any restrictions on the use or disclosure by 7 || a Party of documents, material, or information obtained by such Party independent 8 || of formal discovery proceedings in this Action. 9 || XIX. VIOLATIONS. 10 The Court has jurisdiction to enforce this Protective Order and to grant relief, 11 || as authorized by law or in equity, for any violations thereof. 12 | XX. SURVIVAL OF OBLIGATIONS. 13 The obligations imposed by this Protective Order survive the termination of 14 |) this Action. 15 16 IT IS SO ORDERED. ot 17 || DATED: December 19, 2025 Ltt. he 18 /SIIN D. EARLY □ United States Magistrate Judge

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1 EXHIBIT A

2

DECLARATION UNDER PROTECTIVE ORDER

3 GOVERNING CONFIDENTIAL MATERIAL 4 I, ________________________________________________________ am 5 employed 6 by ________________________________________. I acknowledge and certify 7 that: 8 1. I have read the Protective Order Christopher Kluwe v. 9 Huntington Beach Union High School District, et al., No. 8:25-cv-01648- 10 FWS-JDEx (C.D. Cal.), and agree to be bound by its terms; and 11 2. I agree to be subject to the jurisdiction of this Court for the sole 12 purpose of having the terms of the Protective Order enforced. 13 14 Date: ___________________ Signature: _________________________ 15 16 Address: __________________________ 17

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