STIPULATION TO PROTECTIVE ORDER PER COURT'S ORDER (ECF No. 83) and PROPOSED ORDER

ALLISON CLAIRE, Magistrate Judge.

On September 30, 2013, the Court ordered the disclosure of a confidential report subject to a protective order. (See ECF No. 83.) At the time, Plaintiff Merrick Moore was representing himself in pro per. Subsequently, on November 25, 2014, this Court appointed James V. Weixel to represent Plaintiff. Defendants will produce a copy of the confidential report as per Court Order, ECF No. 83, as CONFIDENTIAL-ATTORNEY'S EYES ONLY, per this stipulated protective order.

Accordingly, Plaintiff Merrick Moore and Defendants Bennett, R. Gonzales and L. Gonzalez (the "Parties") hereby stipulate to enter a protective order under the terms stipulated to by the Parties. The Parties acknowledge that this protective order is not a waiver of any objection by a party to the production of privileged or confidential documents and information, including but not limited to the right to privacy and the official information privilege, nor does this affect the parties' right to withhold the production of the privileged or confidential information, including but not limited to the Defendants' personal identifying information. Such privileged and confidential documents and information will be withheld until after the parties meet and confer, the propounding party successfully moves for an in camera review by the Court, and will not be produced absent a Court order requiring production after an in camera review. No party will be held in contempt of this protective order for any objections and withholding of documents asserted under this section.

Defendants assert that that the confidential report has been designated to contain information that has been deemed confidential by the California Department of Corrections and Rehabilitation (CDCR) for safety and security reasons, and has been restricted from general distribution, including but not limited to inmates, parolees, and the public. Thus, the confidential report is designated as CONFIDENTIAL — ATTORNEYS' EYES ONLY under this Protective

Under this Protective Order, "CONFIDENTIAL — ATTORNEYS' EYES ONLY" Information or Items is defined as: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c) and constitutes or discloses information that threatens prison safety or security. The criteria for such a designation shall be whether the Party has a good faith belief that the information is entitled to protection from disclosure to non-attorneys, including any inmate, because such

SCOPE

The Stipulation shall apply to the production and exchange of the Confidential Report per Court Order (ECF No. 83), regardless of whether such production or exchange is made informally or in response to formal discovery requests or mechanisms.

The protections conferred by this Stipulation and Order cover not only the Confidential Report (as defined above), but also (1) any information copied or extracted from the Confidential Report; (2) all copies, excerpts, summaries, or compilations of Confidential Report; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal the Confidential Report. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of the Confidential Report at trial shall be governed by a separate

DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to

ACCESS TO AND USE OF CONFIDENTIAL REPORT

Basic Principles. A Receiving Party may use the Confidential Report only in connection with this case only for prosecuting, defending, or attempting to settle this litigation. The Confidential Report may be disclosed only to the categories of persons and under the conditions described in this Order. When the litigation has been terminated, a Receiving Party must comply with the provisions below (FINAL DISPOSITION).

The Confidential Report must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this

UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL REPORT

In the event the Receiving Party believes that the Confidential Report has been viewed or obtained by persons other than Counsel of Record and their support staff, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) identify the person or persons to whom unauthorized disclosures were made, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) use its best efforts to retrieve all unauthorized copies of the Confidential Report.

FINAL DISPOSITION

(a) Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving Party must return all the Confidential Report to the Producing Party for destruction or destroy such material. As used in this subdivision, this includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Confidential Report. Whether the Confidential Report is returned, or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) the Confidential Report that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Confidential Report.

(b) Counsel of Record are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain the Confidential Report. In addition, Counsel of Record is not required to destroy or return copies of the Confidential Report that may be stored on back-up tapes created in the Receiving Party's normal course of business and retained for disaster-recovery purposes. Any such archival or back-up tape copies that contain or constitute the Confidential Report remain subject to this Protective Order as set forth in the duration section,

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

PURSUANT TO STIPULATION, IT IS SO ORDERED: