Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 1 of 21 Page ID #:125

1 Rebecca J. Fortune (SBN 229921) C. Paul Belva (SBN 330705) 2 BUCHALTER, APC 655 W. Broadway, Suite 1600 3 San Diego, California 92101 Telephone: (619) 219-5335 4 E-mail: Rebecca.Fortune@kts-law.com

5 Attorney for Defendants,

CAMP PENDELTON & QUANTICO HOUSING LLC,

6 LPC PENDELTON QUANTICO PM, LP, and

LIBERTY MILITARY HOUSING HOLDINGS, LLC

7

8 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

9

10 LUIS SOSA GUERRERO, ASHLEY ) Case No. 5:22-cv-00931-SVW (KKx) SOSA, and A.S., a minor by and through ) 11 her general guardian ASHLEY SOSA, ) ) STIPULATED PROTECTIVE 12 Plaintiffs, ) ORDER vs. ) 13 )

CAMP PENDELTON & QUANTICO )

14 HOUSING LLC, a Delaware limited ) liability company; and LPC PENDELTON ) 15 QUANTICO PM, LP, a Delaware limited ) partnership; LIBERTY MILITARY ) 16 HOUSING HOLDINGS, LLC, a Delaware ) limited liability company, ) 17 ) Cased Filed: June 3, 2022 Defendants. ) Pre-Trial Conf: February 6, 2023 18 ____________________________________ ) Trial Date: February 14, 2023

19 \\\ 20

STIPULATED PROTECTIVE ORDER

1 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 2 of 21 Page ID #:126

1 1. RECITALS 2 A. PURPOSE AND LIMITATIONS

3 Discovery in this action is likely to involve production of confidential, proprietary 4 or private information for which special protection from public disclosure and from use 5 for any purpose other than prosecuting this litigation may be warranted. Accordingly, 6 the parties hereby stipulate to and petition the Court to enter the following Stipulated

7 Protective Order. The parties acknowledge that this Order does not confer blanket 8 protections on all disclosures or responses to discovery and that the protection it affords 9 from public disclosure and use extends only to the limited information or items that are

10 entitled to confidential treatment under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, commercial, financial, technical 13 and/or proprietary information for which special protection from public disclosure and

14 from use for any purpose other than prosecution of this action is warranted. Such 15 confidential and proprietary materials and information consist of, among other things, 16 confidential business or financial information, information regarding confidential

17 business practices, or other confidential research, development, or commercial 18 information (including information implicating privacy rights of third parties), 19 information otherwise generally unavailable to the public, or which may be privileged or 20 otherwise protected from disclosure under state or federal statutes, court rules, case

STIPULATED PROTECTIVE ORDER

2 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 3 of 21 Page ID #:127

1 decisions, or common law. Accordingly, to expedite the flow of information, to 2 facilitate the prompt resolution of disputes over confidentiality of discovery materials, to

3 adequately protect information the parties are entitled to keep confidential, to ensure that 4 the parties are permitted reasonable necessary uses of such material in preparation for 5 and in the conduct of trial, to address their handling at the end of the litigation, and serve 6 the ends of justice, a protective order for such information is justified in this matter. It is

7 the intent of the parties that information will not be designated as confidential for tactical 8 reasons and that nothing be so designated without a good faith belief that it has been 9 maintained in a confidential, non-public manner, and there is good cause why it should

10 not be part of the public record of this case. 11 C. PROCEDURE FOR FILING UNDER SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information under

14 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 15 standards that will be applied when a party seeks permission from the court to file 16 material under seal.

17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp.,

STIPULATED PROTECTIVE ORDER

3 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 4 of 21 Page ID #:128

1 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 2 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause

3 showing), and a specific showing of good cause or compelling reasons with proper 4 evidentiary support and legal justification, must be made with respect to Protected 5 Material that a party seeks to file under seal. The parties’ mere designation of 6 Disclosure or Discovery Material as CONFIDENTIAL does not—without the

7 submission of competent evidence by declaration, establishing that the material sought 8 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 9 constitute good cause.

10 Further, if a party requests sealing related to a dispositive motion or trial, then 11 compelling reasons, not only good cause, for the sealing must be shown, and the relief 12 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 13 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type

14 of information, document, or thing sought to be filed or introduced under seal in 15 connection with a dispositive motion or trial, the party seeking protection must articulate 16 compelling reasons, supported by specific facts and legal justification, for the requested

17 sealing order. Again, competent evidence supporting the application to file documents 18 under seal must be provided by declaration. 19 \\\ 20

STIPULATED PROTECTIVE ORDER

4 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 5 of 21 Page ID #:129

1 Any document that is not confidential, privileged, or otherwise protectable in its 2 entirety will not be filed under seal if the confidential portions can be redacted. If

3 documents can be redacted, then a redacted version for public viewing, omitting only the 4 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 5 Any application that seeks to file documents under seal in their entirety should include 6 an explanation of why redaction is not feasible.

7 2. DEFINITIONS 8 2.1 Action: this pending federal lawsuit entitled Luis Sosa Guerrero et al v. 9 Camp Pendleton & Quantico Housing, LLC et al.

10 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 11 information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 13 it is generated, stored or maintained) or tangible things that qualify for protection under

14 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 15 Statement. 16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

17 support staff). 18 2.5 Designating Party: a Party or Non-Party that designates information or 19 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 20

STIPULATED PROTECTIVE ORDER

5 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 6 of 21 Page ID #:130

1 2.6 Disclosure or Discovery Material: all items or information, regardless of 2 the medium or manner in which it is generated, stored, or maintained (including, among

3 other things, testimony, transcripts, and tangible things), that are produced or generated 4 in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

7 expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside

10 counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party to

14 this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that has 16 appeared on behalf of that party, and includes support staff.

17 2.11 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20

STIPULATED PROTECTIVE ORDER

6 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 7 of 21 Page ID #:131

1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action.

3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 6 their employees and subcontractors.

7 2.14 Protected Material: any Disclosure or Discovery Material that is designated 8 as “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

10 from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only Protected 13 Material (as defined above), but also (1) any information copied or extracted from

14 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 15 Material; and (3) any testimony, conversations, or presentations by Parties or their 16 Counsel that might reveal Protected Material.

17 Any use of Protected Material at trial shall be governed by the orders of the trial 18 judge. This Order does not govern the use of Protected Material at trial. 19 \\\ 20 \\\

STIPULATED PROTECTIVE ORDER

7 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 8 of 21 Page ID #:132

1 4. DURATION 2 Once a case proceeds to trial, information that was designated as

3 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 4 an exhibit at trial becomes public and will be presumptively available to all members of 5 the public, including the press, unless compelling reasons supported by specific factual 6 findings to proceed otherwise are made to the trial judge in advance of the trial. See

7 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 8 documents produced in discovery from “compelling reasons” standard when merits- 9 related documents are part of court record). Accordingly, the terms of this protective

10 order do not extend beyond the commencement of the trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 13 Party or Non-Party that designates information or items for protection under this Order

14 must take care to limit any such designation to specific material that qualifies under the 15 appropriate standards. The Designating Party must designate for protection only those 16 parts of material, documents, items or oral or written communications that qualify so that

17 other portions of the material, documents, items or communications for which protection 18 is not warranted are not swept unjustifiably within the ambit of this Order. 19 Mass, indiscriminate or routinized designations are prohibited. Designations that 20 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

STIPULATED PROTECTIVE ORDER

8 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 9 of 21 Page ID #:133

1 to unnecessarily encumber the case development process or to impose unnecessary 2 expenses and burdens on other parties) may expose the Designating Party to sanctions.

3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this

7 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 8 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 9 must be clearly so designated before the material is disclosed or produced. Designation

10 in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial 13 proceedings), that the Producing Party affix at a minimum, the legend

14 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains 15 protected material. If only a portion of the material on a page qualifies for protection, 16 the Producing Party also must clearly identify the protected portion(s) (e.g., by making

17 appropriate markings in the margins). 18 A Party or Non-Party that makes original documents available for inspection need 19 not designate them for protection until after the inspecting Party has indicated which 20 documents it would like copied and produced. During the inspection and before the

STIPULATED PROTECTIVE ORDER

9 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 10 of 21 Page ID #:134

1 designation, all of the material made available for inspection shall be deemed 2 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

3 copied and produced, the Producing Party must determine which documents, or portions 4 thereof, qualify for protection under this Order. Then, before producing the specified 5 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 6 that contains Protected Material. If only a portion of the material on a page qualifies for

7 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 8 by making appropriate markings in the margins). 9 (b) for testimony given in depositions that the Designating Party identifies

10 the Disclosure or Discovery Material on the record, before the close of the deposition all 11 protected testimony. 12 (c) for information produced in some form other than documentary and for 13 any other tangible items, that the Producing Party affix in a prominent place on the

14 exterior of the container or containers in which the information is stored the legend 15 “CONFIDENTIAL.” If only a portion or portions of the information warrants 16 protection, the Producing Party, to the extent practicable, shall identify the protected

17 portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 19 to designate qualified information or items does not, standing alone, waive the 20 Designating Party’s right to secure protection under this Order for such material. Upon

STIPULATED PROTECTIVE ORDER

10 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 11 of 21 Page ID #:135

1 timely correction of a designation, the Receiving Party must make reasonable efforts to 2 assure that the material is treated in accordance with the provisions of this Order.

3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s Scheduling 6 Order.

7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37-1 et seq. 9 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

10 stipulation pursuant to Local Rule 37-2. 11 6.4 Burden. The burden of persuasion in any such challenge proceeding shall 12 be on the Designating Party. Frivolous challenges, and those made for an improper 13 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)

14 may expose the Challenging Party to sanctions. Unless the Designating Party has 15 waived or withdrawn the confidentiality designation, all parties shall continue to afford 16 the material in question the level of protection to which it is entitled under the Producing

17 Party’s designation until the Court rules on the challenge. 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this Action

STIPULATED PROTECTIVE ORDER

11 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 12 of 21 Page ID #:136

1 only for prosecuting, defending or attempting to settle this Action. Such Protected 2 Material may be disclosed only to the categories of persons and under the conditions

3 described in this Order. When the Action has been terminated, a Receiving Party must 4 comply with the provisions of section 13 below (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons

7 authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 9 ordered by the court or permitted in writing by the Designating Party, a Receiving Party

10 may disclose any information or item designated “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 12 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 13 to disclose the information for this Action;

14 (b) the officers, directors, and employees (including House Counsel) of 15 the Receiving Party to whom disclosure is reasonably necessary for this Action; 16 (c) Experts (as defined in this Order) of the Receiving Party to whom

17 disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff;

STIPULATED PROTECTIVE ORDER

12 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 13 of 21 Page ID #:137

1 (f) professional jury or trial consultants, mock jurors, and Vendors to 2 whom disclosure is reasonably necessary for this Action and who have signed the

3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the

7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 9 be permitted to keep any confidential information unless they sign the

10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 11 by the Designating Party or ordered by the court. Pages of transcribed deposition 12 testimony or exhibits to depositions that reveal Protected Material may be separately 13 bound by the court reporter and may not be disclosed to anyone except as permitted

14 under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions.

17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

18 If a Party is served with a subpoena or a court order issued in other litigation that 19 compels disclosure of any information or items designated in this Action as 20

STIPULATED PROTECTIVE ORDER

13 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 14 of 21 Page ID #:138

1 “CONFIDENTIAL,” that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification shall

3 include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena or order to 5 issue in the other litigation that some or all of the material covered by the subpoena or 6 order is subject to this Protective Order. Such notification shall include a copy of this

7 Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be pursued by 9 the Designating Party whose Protected Material may be affected.

10 If the Designating Party timely seeks a protective order, the Party served with the 11 subpoena or court order shall not produce any information designated in this action as 12 “CONFIDENTIAL” before a determination by the court from which the subpoena or 13 order issued, unless the Party has obtained the Designating Party’s permission. The

14 Designating Party shall bear the burden and expense of seeking protection in that court 15 of its confidential material and nothing in these provisions should be construed as 16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

17 from another court. 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

19 (a) The terms of this Order are applicable to information produced by a Non- 20 Party in this Action and designated as “CONFIDENTIAL.” Such information produced

STIPULATED PROTECTIVE ORDER

14 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 15 of 21 Page ID #:139

1 by Non-Parties in connection with this litigation is protected by the remedies and relief 2 provided by this Order. Nothing in these provisions should be construed as prohibiting a

3 Non-Party from seeking additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to produce 5 a Non-Party’s confidential information in its possession, and the Party is subject to an 6 agreement with the Non-Party not to produce the Non-Party’s confidential information,

7 then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non-Party 9 that some or all of the information requested is subject to a confidentiality agreement

10 with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a reasonably 13 specific description of the information requested; and

14 (3) make the information requested available for inspection by the Non- 15 Party, if requested. 16 (c) If the Non-Party fails to seek a protective order from this court within 14

17 days of receiving the notice and accompanying information, the Receiving Party may 18 produce the Non-Party’s confidential information responsive to the discovery request. If 19 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 20 information in its possession or control that is subject to the confidentiality agreement

STIPULATED PROTECTIVE ORDER

15 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 16 of 21 Page ID #:140

1 with the Non-Party before a determination by the court. Absent a court order to the 2 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

3 court of its Protected Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this

7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 8 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 9 all unauthorized copies of the Protected Material, (c) inform the person or persons to

10 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 11 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 12 that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

14 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, the

17 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 19 may be established in an e-discovery order that provides for production without prior 20 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

STIPULATED PROTECTIVE ORDER

16 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 17 of 21 Page ID #:141

1 parties reach an agreement on the effect of disclosure of a communication or information 2 covered by the attorney-client privilege or work product protection, the parties may

3 incorporate their agreement in the stipulated protective order submitted to the court. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future.

7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this

10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

14 only be filed under seal pursuant to a court order authorizing the sealing of the specific 15 Protected Material at issue. If a Party’s request to file Protected Material under seal is 16 denied by the court, then the Receiving Party may file the information in the public

17 record unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 60 days 20 of a written request by the Designating Party, each Receiving Party must return all

STIPULATED PROTECTIVE ORDER

17 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 18 of 21 Page ID #:142

1 Protected Material to the Producing Party or destroy such material. As used in this 2 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

3 summaries, and any other format reproducing or capturing any of the Protected Material. 4 Whether the Protected Material is returned or destroyed, the Receiving Party must 5 submit a written certification to the Producing Party (and, if not the same person or 6 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,

7 where appropriate) all the Protected Material that was returned or destroyed and (2) 8 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 9 summaries or any other format reproducing or capturing any of the Protected Material.

10 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 11 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 12 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 13 consultant and expert work product, even if such materials contain Protected Material.

14 Any such archival copies that contain or constitute Protected Material remain subject to 15 this Protective Order as set forth in Section 4 (DURATION). 16 \\\

17 \\\ 18 \\\ 19 \\\ 20 \\\

STIPULATED PROTECTIVE ORDER

18 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 19 of 21 Page ID #:143

1 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including,

3 without limitation, contempt proceedings and/or monetary sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 LAW OFFICE OF STUART E. FAGAN

6 Dated this 4th day of January 2023 s/ Stuart E. Fagan . 7 Stuart E. Fagan Attorney for Plaintiffs, 8 LUIS SOSA GUERRERO, ASHLEY SOSA, and A.S., a minor, by and through 9 her general guardian, ASHLEY SOSA

10

BUCHALTER, APC

11

12 Dated this 4th day of January 2023 s/ Rebecca J. Fortune . Rebecca J. Fortune 13 C. Paul Belva Attorneys for Defendants, 14 CAMP PENDELTON & QUANTICO

HOUSING LLC; LPC PENDELTON

15 QUANTICO PM, LP; and LIBERTY

MILITARY HOUSING HOLDINGS, LLC

16

17 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 DATED: January 5, 2023 19 _____________________________________

HON. KENLY KIYA KATO

20 United States Magistrate Judge

EXHIBIT A

STIPULATED PROTECTIVE ORDER

19 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 20 of 21 Page ID #:144

1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of

3 _________________ [print or type full address], declare under penalty of perjury that I 4 have read in its entirety and understand the Stipulated Protective Order that was issued 5 by the United States District Court for the Central District of California on ___________ 6 in the case of Luis Sosa Guerrero et al v. Camp Pendleton & Quantico Housing, LLC et

7 al., USDC Case No. 5:22-cv-00931-SVW (KKx). I agree to comply with and to be 8 bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in

10 the nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or 12 entity except in strict compliance with the provisions of this Order. I further agree to 13 submit to the jurisdiction of the United States District Court for the Central District of

14 California for enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this action. I hereby appoint 16 __________________________ [print or type full name] of

17 _______________________________________ [print or type full address and 18 telephone number] as my California agent for service of process in connection with this 19 \\\ 20 action or any proceedings related to enforcement of this Stipulated Protective Order.

STIPULATED PROTECTIVE ORDER

20 of 21 22-cv-00931 Case 5:22-cv-00931-SVW-KK Document 29 Filed 01/05/23 Page 21 of 21 Page ID #:145

1 2 Date: ______________________________________

3 City and State where sworn and signed: _________________________________ 4 Printed name: _______________________________ 5 Signature: __________________________________ 6

7

8

9

10 11 12 13 14 15 16 17 18 19 20

STIPULATED PROTECTIVE ORDER

21 of 21 22-cv-00931