Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 1 of 18 Page ID #:286 1

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 Oscar Enrique Nuñez Euceda, CASE NO. 2:20-cv-10793 VAP (GJSx) 12 Plaintiff, [PROPOSED] STIPULATED 13 v. PROTECTIVE ORDER1 14 United States of America, 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 2 of 18 Page ID #:287

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary 3 or private information for which special protection from public disclosure and from use 4 for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the Court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords 8 from public disclosure and use extends only to the limited information or items that are 9 entitled to confidential treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve 12 (a) a trade secret or other confidential research, development, or commercial 13 information as such terms are used in Federal Rule of Civil Procedure 626(c)(1)(G); 14 (b) personal financial, medical or other private information relating to an 15 individual that would properly be redacted from any public court filing pursuant to 16 Federal Rule of Civil Procedure 5.2., including any document, information, or tangible 17 thing protected by the provisions of the Family and Educational Rights and Privacy Act, 18 20 U.S.C. § 1232g, 34 C.F.R. Part 99; certain individually identifiable health 19 information (defined as health information that is connected to a patient’s name, address, 20 Social Security number, or other identifying number, including Health Insurance Claim 21 (HIC) number) that may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a; 22 the provisions of 45 C.F.R. §§ 164.102-164.534 (regulations promulgated pursuant to 23 the Health Insurance Portability and Accountability Act (HIPAA)); or health 24 information for which there may be no waiver by the patient to produce the records to 25 an entity outside one of the Parties; 26 (c) information protected by the provisions of the Privacy Act of 1974, 5 U.S.C 27 § 552a; 28 1 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 3 of 18 Page ID #:288

11 (d) information contained in individual detainee files (e.g., “A Files”) that 22 would be protected by the Privacy Act or any other information or documents that would 33 be covered by the Privacy Act if the subject of the information had been a U.S. citizen 44 or a person lawfully admitted for permanent residence; 55 (e) plaintiffs’ administrative tort claims (Standard Form 95 or “SF-95”) and 66 attachments to those claims; 77 (f) sensitive information about Defendant’s law enforcement or national 88 security staffing, resources, intelligence and/or methods (including the names and 99 contact information of third parties, and non-supervisory federal and non-federal 1100 employees), the release of which to the public may adversely impact identifiable law 1111 enforcement or national security interests; 1122 (g) information pertaining to applications for asylum or withholding of 1133 removal, which are subject to disclosure conditions under 8 C.F.R. §§ 1003.27(c) and 1144 1208.6(a), as well as information pertaining to: (1) applications for Temporary Protected 1155 Status under 8 U.S.C. § 1254a; and (2) information that relates to an alien who is the 1166 beneficiary of an application for relief under 8 U.S.C. §§ 1101(a)(15)(T), (15)(U), (51) 1177 or 15 1229b(b)(2); 1188 (h) documents that were produced in other District Court actions that are 1199 subject to protective orders entered into by other District Courts; and 2200 (i) any other information that is protected or restricted from disclosure by 2211 Court order, statutes, rules, or regulations, including, but not limited to: 8 U.S.C. §§ 2222 1160(b)(5); 1186a(c)(4), 1202(f), 1254a(c)(6), 1255a(c)(4), (5); 304(b), and 1367(a)(2), 2233 (b), (c), (d); 22 U.S.C. § 7105(c)(1)(C); 8 C.F.R. 20 §§ 208.6, 210.2(e), 214.11(e), 2244 214.14(e), 216.5(e)(3)(viii), 236.6, 244.16, 245a.2(t), 245a.3(n), 245a.21, 1003.27(b)- 2255 (d), 1003.46, 1208.6, 28 C.F.R.§ 0.29f, which otherwise could subject either party to 2266 civil or criminal penalties or other sanctions in the event of unauthorized disclosure. 2277 Accordingly, to expedite the flow of information, to facilitate the prompt 2288 resolution of disputes over confidentiality of discovery materials, to adequately protect 2 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 4 of 18 Page ID #:289

11 information the parties are entitled to keep confidential, to ensure that the parties are 22 permitted reasonable necessary uses of such material in preparation for and in the 33 conduct of trial, to address their handling at the end of the litigation, and serve the ends 44 of justice, a protective order for such information is justified in this matter. It is the intent 55 of the parties that information will not be designated as confidential for tactical reasons 66 and that nothing be so designated without a good faith belief that it has been maintained 77 in a confidential, non-public manner, and there is good cause why it should not be part 88 of the public record of this case. 99 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 1100 The parties further acknowledge, as set forth in Section 12.3, below, that this 1111 Stipulated Protective Order does not entitle them to file confidential information under 1122 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 1133 standards that will be applied when a party seeks permission from the court to file 1144 material under seal. 1155 There is a strong presumption that the public has a right of access to judicial 1166 proceedings and records in civil cases. In connection with non-dispositive motions, good 1177 cause must be shown to support a filing under seal. See Kamakana v. City and County 1188 of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 1199 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 2200 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause 2211 showing), and a specific showing of good cause or compelling reasons with proper 2222 evidentiary support and legal justification, must be made with respect to Protected 2233 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure 2244 or Discovery Material as CONFIDENTIAL does not— without the submission of 2255 competent evidence by declaration, establishing that the material sought to be filed under 2266 seal qualifies as confidential, privileged, or otherwise protectable—constitute good 2277 cause. 2288 3 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 5 of 18 Page ID #:290

11 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the relief 33 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 44 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 55 of information, document, or thing sought to be filed or introduced under seal in 66 connection with a dispositive motion or trial, the party seeking protection must articulate 77 compelling reasons, supported by specific facts and legal justification, for the requested 88 sealing order. Again, competent evidence supporting the application to file documents 99 under seal must be provided by declaration. 1100 Any document that is not confidential, privileged, or otherwise protectable in its 1111 entirety will not be filed under seal if the confidential portions can be redacted. If 1122 documents can be redacted, then a redacted version for public viewing, omitting only 1133 the confidential, privileged, or otherwise protectable portions of the document, shall be 1144 filed. Any application that seeks to file documents under seal in their entirety should 1155 include an explanation of why redaction is not feasible. 1166 2. DEFINITIONS 1177 2.1 Action: Euceda v. United States, 2:20-cv-10793 VAP (GJSx) 1188 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 1199 information or items under this Order. 2200 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 2211 it is generated, stored or maintained) or tangible things that qualify for protection under 2222 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 2233 Statement. 2244 2.4 Counsel: Outside Counsel of Record and House Counsel, (as well as their 2255 support staff). 2266 2.5 Designating Party: a Party or Non-Party that designates information or 2277 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL,” 2288 their respective agents, successors, personal representatives and assignees. 4 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 6 of 18 Page ID #:291

11 2.6 Disclosure or Discovery Material: all items or information, regardless of 22 the medium or manner in which it is generated, stored, or maintained (including, among 33 other things, testimony, transcripts, and tangible things), that are produced or generated 44 in disclosures or responses to discovery in this matter. 55 2.7 Expert: a person with specialized knowledge or experience in a matter 66 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 77 expert witness or as a consultant in this Action. 88 2.8 House Counsel: attorneys who are employees of a party to this Action. 99 House Counsel does not include Outside Counsel of Record or any other outside counsel. 1100 2.9 Non-Party: any natural person, partnership, corporation, association or 1111 other legal entity not named as a Party to this action. 1122 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 1133 this Action but are retained to represent or advise a party to this Action and have 1144 appeared in this Action on behalf of that party or are affiliated with a law firm that has 1155 appeared on behalf of that party, and includes support staff. 1166 2.11 Party: any party to this Action, including all of its officers, directors, 1177 employees, consultants, retained experts, and Outside Counsel of Record (and their 1188 support staffs). 1199 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2200 Discovery Material in this Action. 2211 2.13 Professional Vendors: persons or entities that provide litigation support 2222 services (e.g., photocopying, videotaping, translating, preparing exhibits or 2233 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 2244 their employees and subcontractors. 2255 2.14 Protected Material: any Disclosure or Discovery Material that is designated 2266 as “CONFIDENTIAL INFORMATION.” 2277 2288 5 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 7 of 18 Page ID #:292

11 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 22 from a Producing Party, their respective agents, successors, personal representatives, 33 and assignees. 44 3. SCOPE 55 The protections conferred by this Stipulation and Order cover not only Protected 66 Material (as defined above), but also (1) any information copied or extracted from 77 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 88 Material; and (3) any testimony, conversations, or presentations by Parties or their 99 Counsel that might reveal Protected Material. 1100 Any use of Protected Material at trial shall be governed by the orders of the trial 1111 judge. This Order does not govern the use of Protected Material at trial but the parties 1122 reserve the right to seek relief from the Court in connection with the intended use of 1133 Confidential Information in any such hearing or trial. 1144 4. DURATION 1155 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 1166 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 1177 Except as set forth below, the terms of this protective order apply through FINAL 1188 DISPOSITION of the action. The parties may stipulate that they will be contractually 1199 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to 2200 file a separate action for enforcement of the agreement once all proceedings in this case 2211 are complete. 2222 Once a case proceeds to trial, information that was designated as 2233 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 2244 an exhibit at trial becomes public and will be presumptively available to all members of 2255 the public, including the press, unless compelling reasons supported by specific factual 2266 findings to proceed otherwise are made to the trial judge in advance of the trial. See 2277 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 2288 documents produced in discovery from “compelling reasons” standard when merits- 6 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 8 of 18 Page ID #:293

11 related documents are part of court record). Accordingly, for such materials, the terms 22 of this protective order do not extend beyond the commencement of the trial. 33 5. DESIGNATING PROTECTED MATERIAL 44 5.1 Exercise of Restraint and Care in Designating Material for Protection. 55 Each Party or Non-Party that designates information or items for protection under 66 this Order must take care to limit any such designation to specific material that qualifies 77 under the appropriate standards. The Designating Party must designate for protection 88 only those parts of material, documents, items or oral or written communications that 99 qualify so that other portions of the material, documents, items or communications for 1100 which protection is not warranted are not swept unjustifiably within the ambit of this 1111 Order. 1122 Except with respect to the documents referenced in Paragraph 1(B)(h) supra, 1133 routinized designations are prohibited, subject to any agreements of the Parties relating 1144 to specific requests as reflected in section 5.2(a) – (b) herein or otherwise, provided 1155 however that Plaintiff does not waive his right to challenge confidentiality designations 1166 to specific documents on any grounds, including but limited to grounds that the 1177 designations are routinized, indiscriminate, or overinclusive. Designations that are 1188 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 1199 unnecessarily encumber the case development process or to impose unnecessary 2200 expenses and burdens on other parties) may expose the Designating Party to sanctions. 2211 A Receiving Party may request the Designating Party to identify whether a 2222 Document labeled “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” is 2233 confidential in total or only in part. Within 14 days of the request, the Receiving Party 2244 and the Designating Party shall confer in good faith to resolve any Receiving Party’s 2255 request for such identification. The parties shall memorialize in writing any 2266 identification of Confidential Information that results from the meet and confer. If the 2277 parties cannot resolve the request to the Receiving Party’s satisfaction during their 2288 7 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 9 of 18 Page ID #:294

11 conference, the Receiving Party may challenge the designation in accordance with 22 paragraph 6 of this Order. 33 If it comes to a Designating Party’s attention that information or items that it 44 designated for protection do not qualify for protection, that Designating Party must 55 promptly notify all other Parties that it is withdrawing the inapplicable designation. 66 5.2 Manner and Timing of Designations. Except as otherwise provided in this 77 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 88 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 99 must be clearly so designated before the material is disclosed or produced. 1100 Designation in conformity with this Order requires: 1111 (a) for information in documentary form (e.g., paper or electronic documents, 1122 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 1133 Producing Party affix at a minimum, the legend “CONFIDENTIAL-SUBJECT TO 1144 PROTECTIVE ORDER” (hereinafter “CONFIDENTIAL legend”), to each page that 1155 contains protected material. Except with respect to the documents referenced in 1166 Paragraph 1(B)(h) supra, if only a portion of the material on a page qualifies for 1177 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 1188 by making appropriate markings in the margins), provided however that Plaintiff does 1199 not waive his right to challenge confidentiality designations to specific documents on 2200 any grounds, including but limited to grounds that the designations are routinized, 2211 indiscriminate, or overinclusive. The Parties have expressly agreed that the Defendant 2222 shall produce the documents requested by Plaintiff’s First Requests for Production of 2233 Documents, Request No. 1 as they were produced in the other cases, and Defendant need 2244 not identify protected portions of those documents in compliance with the proceeding 2255 provision to the extent that the Defendant did not do so in its prior productions. 2266 A Party or Non-Party that makes original documents available for inspection need 2277 not designate them for protection until after the inspecting Party has indicated which 2288 documents it would like copied and produced. During the inspection and before the 8 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 10 of 18 Page ID #:295

11 designation, all of the material made available for inspection shall be deemed 22 “CONFIDENTIAL INFORMATION.” After the inspecting Party has identified the 33 documents it wants copied and produced, the Producing Party must determine which 44 documents, or portions thereof, qualify for protection under this Order. Then, before 55 producing the specified documents, the Producing Party must affix the 66 “CONFIDENTIAL legend” to each page that contains Protected Material. Except as 77 provided above, if only a portion of the material on a page qualifies for protection, the 88 Producing Party also must clearly identify the protected portion(s) (e.g., by making 99 appropriate markings in the margins). 1100 (b) for testimony given in depositions that the Designating Party identifies the 1111 Disclosure or Discovery Material on the record, before the close of the deposition all 1122 protected testimony. 1133 (c) for information produced in some form other than documentary and for any 1144 other tangible items, that the Producing Party affix in a prominent place on the exterior 1155 of the container or containers in which the information is stored the CONFIDENTIAL 1166 legend. If only a portion or portions of the information warrants protection, the 1177 Producing Party, to the extent practicable, shall identify the protected portion(s). 1188 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 1199 to designate qualified information or items does not, standing alone, waive the 2200 Designating Party’s right to secure protection under this Order for such material. Upon 2211 timely correction of a designation, the Receiving Party must make reasonable efforts to 2222 assure that the material is treated in accordance with the provisions of this Order. 2233 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2244 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 2255 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 2266 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 2277 process under Local Rule 37.1 et seq. 2288 9 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 11 of 18 Page ID #:296

11 6.3 The burden of persuasion in any such challenge proceeding shall be on the 22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 33 to harass or impose unnecessary expenses and burdens on other parties) may expose the 44 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 55 the confidentiality designation, all parties shall continue to afford the material in 66 question the level of protection to which it is entitled under the Producing Party’s 77 designation until the Court rules on the challenge. 88 7. ACCESS TO AND USE OF PROTECTED MATERIAL 99 7.1 Basic Principles. A Receiving Party may use Protected Material that is 1100 disclosed or produced by another Party or by a Non-Party in connection with this Action 1111 only for prosecuting, defending or attempting to settle this Action. Such Protected 1122 Material may be disclosed only to the categories of persons and under the conditions 1133 described in this Order. When the Action has been terminated, a Receiving Party must 1144 comply with the provisions of section 13 below (FINAL DISPOSITION). 1155 Protected Material must be stored and maintained by a Receiving Party at a 1166 location and in a secure manner that ensures that access is limited to the persons 1177 authorized under this Order. 1188 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 1199 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 2200 may disclose any information or item designated “CONFIDENTIAL” only to: 2211 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 2222 employees of said Outside Counsel of Record to whom it is reasonably necessary to 2233 disclose the information for this Action; 2244 (b) the officers, directors, and employees (including House Counsel) of the 2255 Receiving Party to whom disclosure is reasonably necessary for this Action; 2266 (c) Experts (as defined in this Order) of the Receiving Party to whom 2277 disclosure is reasonably necessary for this Action and who have signed the 2288 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 12 of 18 Page ID #:297

11 (d) the court and its personnel; 22 (e) court reporters and their staff; 33 (f) professional trial consultants and Professional Vendors to whom disclosure 44 is reasonably necessary for this Action and who have signed the “Acknowledgment and 55 Agreement to Be Bound” (Exhibit A); 66 (g) the author or recipient of a document containing the information or a 77 custodian or other person who otherwise possessed or knew the information; 88 (h) during their depositions, witnesses, and attorneys for witnesses, in the 99 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 1100 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 1111 be permitted to keep any confidential information unless they sign the 1122 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 1133 by the Designating Party or ordered by the court. Pages of transcribed deposition 1144 testimony or exhibits to depositions that reveal Protected Material may be separately 1155 bound by the court reporter and may not be disclosed to anyone except as permitted 1166 under this Stipulated Protective Order; and 1177 (i) any mediator or settlement officer, and their supporting personnel, mutually 1188 agreed upon by any of the parties engaged in settlement discussions. 1199 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2200 IN OTHER LITIGATION 2211 If a Party is served with a subpoena or a court order issued in other litigation, or 2222 otherwise compelled to respond to a request pursuant to existing independent statutory, 2233 law enforcement, national security or regulatory obligations imposed on a party, that 2244 compels disclosure of any information or items designated in this Action as 2255 “CONFIDENTIAL-INFORMATION,” that Party must: 2266 (a) promptly notify in writing the Designating Party. Such notification shall 2277 include a copy of the subpoena or court order; 2288 11 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 13 of 18 Page ID #:298

11 (b) promptly notify in writing the party who caused the subpoena or order to 22 issue in the other litigation that some or all of the material covered by the subpoena or 33 order is subject to this Protective Order. Such notification shall include a copy of this 44 Stipulated Protective Order; and 55 (c) cooperate with respect to all reasonable procedures sought to be pursued by 66 the Designating Party whose Protected Material may be affected. 77 If the Designating Party timely seeks a protective order, the Party served with the 88 subpoena or court order shall not produce any information designated in this action as 99 “CONFIDENTIAL INFORMATION” before a determination by the court from which 1100 the subpoena or order issued, unless the Party has obtained the Designating Party’s 1111 permission. The Designating Party shall bear the burden and expense of seeking 1122 protection in that court of its confidential material and nothing in these provisions should 1133 be construed as authorizing or encouraging a Receiving Party in this Action to disobey 1144 a lawful directive from another court. 1155 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 1166 PRODUCED IN THIS LITIGATION 1177 (a) The terms of this Order are applicable to information produced by a Non- 1188 Party in this Action and designated as “CONFIDENTIAL INFORMATION.” Such 1199 information produced by Non-Parties in connection with this litigation is protected by 2200 the remedies and relief provided by this Order. Nothing in these provisions should be 2211 construed as prohibiting a Non-Party from seeking additional protections. 2222 (b) In the event that a Party is required, by a valid discovery request, to produce 2233 a Non-Party’s confidential information in its possession, and the Party is subject to an 2244 agreement with the Non-Party not to produce the Non-Party’s confidential information, 2255 then the Party shall: 2266 (1) promptly notify in writing the Requesting Party and the Non-Party that 2277 some or all of the information requested is subject to a confidentiality agreement with a 2288 Non-Party; 12 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 14 of 18 Page ID #:299

11 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 22 Order in this Action, the relevant discovery request(s), and a reasonably specific 33 description of the information requested; and 44 (3) make the information requested available for inspection by the Non-Party, 55 if requested. 66 (c) If the Non-Party fails to seek a protective order from this court within 14 77 days of receiving the notice and accompanying information, the Receiving Party may 88 produce the Non-Party’s confidential information responsive to the discovery request. If 99 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 1100 information in its possession or control that is subject to the confidentiality agreement 1111 with the Non-Party before a determination by the court. Absent a court order to the 1122 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 1133 court of its Protected Material. 1144 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 1155 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 1166 Protected Material to any person or in any circumstance not authorized under this 1177 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 1188 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 1199 all unauthorized copies of the Protected Material, (c) inform the person or persons to 2200 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 2211 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 2222 that is attached hereto as Exhibit A. 2233 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2244 PROTECTED MATERIAL 2255 When a Producing Party gives notice to Receiving Parties that certain 2266 inadvertently produced material is subject to a claim of privilege or other protection, the 2277 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 2288 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 13 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 15 of 18 Page ID #:300

11 established in an e-discovery order that provides for production without prior privilege 22 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the Parties reach 33 an agreement on the effect of disclosure of a communication or information covered by 44 applicable privileges and immunities, the Parties may incorporate their agreement in the 55 stipulated protective order submitted to the Court. 66 12. MISCELLANEOUS 77 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 88 person to seek its modification by the Court in the future. 99 12.2 Right to Assert Other Objections. By stipulating to the entry of this 1100 Protective Order, no Party waives any right it otherwise would have to object to 1111 disclosing or producing any information or item on any ground not addressed in this 1122 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 1133 to use in evidence of any of the material covered by this Protective Order. 1144 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 1155 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 1166 under seal pursuant to a court order authorizing the sealing of the specific Protected 1177 Material at issue. If a Party’s request to file Protected Material under seal is denied by 1188 the court, then the Receiving Party may file the information in the public record unless 1199 otherwise instructed by the court. 2200 13. FINAL DISPOSITION 2211 After the final disposition of this Action, as defined in paragraph 4, within 60 days 2222 of a written request by the Designating Party, each Receiving Party must return all 2233 Protected Material to the Producing Party or destroy such material. As used in this 2244 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2255 summaries, and any other format reproducing or capturing any of the Protected Material. 2266 Whether the Protected Material is returned or destroyed, the Receiving Party must 2277 submit a written certification to the Producing Party (and, if not the same person or 2288 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 14 Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 16 of 18 Page ID #:301

11 where appropriate) all the Protected Material that was returned or destroyed and (2) 22 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 33 summaries or any other format reproducing or capturing any of the Protected Material. 44 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 55 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 66 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 77 consultant and expert work product, even if such materials contain Protected Material. 88 Any such archival copies that contain or constitute Protected Material remain subject to 99 this Protective Order as set forth in Section 4 (DURATION). 1100 Attorneys for the United States may maintain copies of any documents designated 1111 Confidential in their case file for this case, and may maintain copies of any notes or 1122 summaries containing such Confidential Information in their case file for this case, 1133 pursuant to 44 U.S.C. § 3101, et seq., and 5 U.S.C. § 552, et seq. 1144 14. VIOLATION 1155 Any violation of this Order may be punished by appropriate measures including, 1166 without limitation, contempt proceedings and/or monetary sanctions. 1177 15. PRIVACY ACT 1188 The United States is authorized in this action to produce personal identifying 1199 information contained within electronically stored information or hard copy documents 2200 to Plaintiff’s counsel under the Privacy Act. Any electronically stored information or 2211 hard copy documents containing such personal identifying information will be deemed 2222 Confidential Information, regardless of whether the electronically stored information or 2233 hard copy documents are marked with a CONFIDENTIAL legend designating the 2244 information as Confidential Information. This is an order of a court of competent 2255 jurisdiction. 5 U.S.C. § 552a(b)(11). 2266 16. HIPAA 2277 The Court further finds that this Order is a “qualified protective order” within the 2288 meaning of 45 C.F.R. § 164.512(e)(1)(v). All patient identifiable information shall be 15 Cage 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page □□ o0f18 Page ID #:302

1 | designated as Confidential Information and may be used or disclosed in accordance with 2 || the terms of this Protective Order and 45 C.F.R. § 164.512(e)(1)(v). 3] 17. APPLICABILITY TO PARTIES LATER JOINED. 4 If additional persons or entities become parties to this Action, they must not be 5 || provided access to any Confidential Information until they execute and file with the 6 || Court their written agreement to be bound by the provisions of this Order. 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 || Dated: June 16, 2022 GIBSON, DUNN & CRUTCHER LLP 10 11 By: /s/ Thomas Manakides

D THOMAS MANAKIDES

1B Attorneys for Oscar Enrique Nufiez Euceda Dated: June 16, 2022 TRACY L. WILKISON 14 Acting United States Attorney

DAVID M. HARRIS

15 Assistant United States Attorney Chief, Civil Division 16 JOANNE S. OSINOFF Assistant United States Attorney 17 Chief, General Civil Section 18 /s/ David Pinchas

DAVID PINCHAS

19 TALYA SEIDMAN 20 Assistant United States Attorney 51 Attorneys for Federal Defendant

22 23 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 || DATED: June 22, 2022 26 17 HON? GAIL J. STANDISH United States Magistrate Judge 28

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Case 2:20-cv-10793-VAP-GJS Document 46 Filed 06/22/22 Page 18 of 18 Page ID #:303

11 EXHIBIT A 22 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 33 44 I, _____________________________ [print or type full name], of 55 _________________ [print or type full address], declare under penalty of perjury that I 66 have read in its entirety and understand the Stipulated Protective Order that was issued 77 by the United States District Court for the Central District of California on [date] in the 88 case of ___________ Euceda v. United States, No. 2:20-CV10793-VAP (GJSx). I agree 99 to comply with and to be bound by all the terms of this Stipulated Protective Order and 1100 I understand and acknowledge that failure to so comply could expose me to sanctions 1111 and punishment in the nature of contempt. I solemnly promise that I will not disclose in 1122 any manner any information or item that is subject to this Stipulated Protective Order to 1133 any person or entity except in strict compliance with the provisions of this Order. 1144 I further agree to submit to the jurisdiction of the United States District Court for 1155 the Central District of California for enforcing the terms of this Stipulated Protective 1166 Order, even if such enforcement proceedings occur after termination of this action. I 1177 hereby appoint __________________________ [print or type full name] of 1188 _______________________________________ [print or type full address and 1199 telephone number] as my California agent for service of process in connection with this 2200 action or any proceedings related to enforcement of this Stipulated Protective Order. 2211 Date: __________________________ 2222 City and State where sworn and signed: __________________________ 2233 Printed name: __________________________ 2244 Signature: __________________________ 2255 2266 2277 2288 17