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1 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
2 ANDREW A. WOOD (BAR NO. 279403)
KELLY C. SMITH (BAR NO. 308013)
3 RACHEL A. ROSENBLUM (BAR NO. 341011)
2010 Main Street, 8th Floor
4 Irvine, California 92614-7214
Phone: (949) 553-1313
5 Fax: (949) 553-8354
E-Mail: awood@allenmatkins.com
6 ksmith@allenmatkins.com
rrosenblum@allenmatkins.com
7
Attorneys for Plaintiff and Petitioner Jean-Pierre Biane,
8 individually and doing business as JP Biane Farms and in his
capacity as Trustee of the J.P. Biane Living Trust dated
9 November 24, 2021.
10 SUPERIOR COURT OF CALIFORNIA
11 FOR THE COUNTY OF KERN
12
13 JEAN-PIERRE BIANE, individually and doing Case No. BCV-22-103359
business as JP BIANE FARMS and in his
14 capacity as Trustee of the J.P. BIANE LIVING ASSIGNED FOR ALL PURPOSES TO
TRUST DATED NOVEMBER 24, 2021, Judge T. Mark Smith, Dept.T-2
15
Plaintiff, STIPULATION AND [PROPOSED]
16 PROTECTIVE ORDER REGARDING
vs. CONFIDENTIAL INFORMATION
17
COUNTY OF KERN, and DOES 1 through 50,
18 inclusive, Complaint Filed: 12/13/2022
Trial Date: None Set
19 Defendants.
20 In order to protect confidential, private, or otherwise sensitive information obtained by the
21 parties in connection with this case, Plaintiff and Petitioner Jean-Pierre Biane, doing business as
22 JP Biane Farms and in his capacity as Trustee of the J.P. Biane Living Trust Dated November 24,
23 2021 (“Biane”) and Defendant County of Kern (“County”), by and through their respective
24 undersigned counsel, and subject to the approval of the Court, hereby agree and stipulate as
25 follows:
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING
4861-4333-0445.5 CONFIDENTIAL INFORMATION
1 Part One: Use Of Confidential Materials In Discovery
2 1. Any party or non-party may designate as “Confidential” (by stamping the relevant
3 page or as otherwise set forth herein) any document, deposition testimony, response to discovery,
4 or other information produced in this case which that party or non-party considers in good faith to
5 contain information involving trade secrets, confidential, private, financial, or proprietary
6 information of the parties or non-parties, and materials that are deemed confidential under
7 applicable state or federal statutes or regulations, including personal, family, medical, or financial
8 information such as protected health information or private financial information about any party
9 to this lawsuit or employee of any party to this lawsuit, and information regarding any individual’s
10 banking relationship with any banking institution, including information regarding the individual’s
11 financial transactions or financial accounts subject to protection under Rules 2.550, 2.551, 2.580,
12 2.585, and 8.46 of the California Rules of Court or under other provisions of California law.
13 Where a produced document consists of more than one page, the first page and each page of the
14 document shall be so designated. With respect to deposition testimony, the testimony shall be
15 designated by page and line number. With respect to written discovery responses, each response
16 shall be individually designated.
17 2. Any party or non-party may designate as “Highly Confidential – Attorneys’ Eyes
18 Only” (by stamping the relevant page or as otherwise set forth herein) any document, deposition
19 testimony, response to discovery, or other information produced in this case which would fall
20 under the categories listed above but that the designating party in good faith reasonably believes to
21 contain information of a particularly sensitive or confidential nature that warrants further restricted
22 disclosure, such that disclosure of the information to another party or non-party would create a
23 substantial risk of serious harm to the designating party or a third party that could not be avoided
24 by less restrictive means.
25 3. A party or non-party may designate information disclosed during a deposition or in
26 response to written discovery as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only”
27 by so indicating in said responses or on the record at the deposition and requesting the preparation
28 of a separate transcript of such material at the designating party’s expense. In addition, a party or
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING
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1 non-party may designate in writing, within fifteen (15) days after receipt of the deposition
2 transcript for which the designation is proposed, that specific lines and pages of the transcript be
3 treated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only.” Until the expiration of
4 this fifteen (15) day designation period, the deposition testimony shall be treated as
5 “Confidential.” A party that makes original documents or materials available for inspection need
6 not designate them as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” until after
7 the inspecting party has indicated which materials it would like copied and produced. During the
8 inspection and before the designation and copying, all of the material made available for
9 inspection shall be considered “Confidential.”
10 4. All “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” materials
11 produced or exchanged in the course of this case shall be used by the party or parties to whom the
12 information is produced solely for the purpose of this case and for no other reason. Documents or
13 other materials designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only”
14 shall not be used for any commercial, competitive, personal, or other purpose. The protections
15 conferred by this Order cover not only “Confidential” or “Highly Confidential – Attorneys’ Eyes
16 Only” material (as defined above), but also (1) any information copied or extracted from such
17 material; (2) all copies, excerpts, summaries, or compilations of such material; and (3) any
18 testimony, conversations, or presentations by parties or their counsel that might reveal such
19 material. However, the protections conferred by this Order do not cover information that is in the
20 public domain or becomes part of the public domain through trial or otherwise.
21 5. Except with the prior written consent of the other parties, or upon prior order of this
22 Court obtained upon notice to opposing counsel, all documents, materials, and information
23 designated as “Confidential” shall not be disclosed to any person other than:
24 (a) Counsel of record for the respective parties in this litigation, as well as in-
25 house counsel for the parties, and employees of such counsel (such as paralegals, legal assistants,
26 and administrative assistants) to whom it is reasonably necessary to disclose the information for
27 this litigation;
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1 (b) individual parties or officers or employees of a party, to the extent
2 reasonably necessary for the prosecution or defense of this litigation;
3 (c) consultants or expert witnesses retained for the prosecution or defense of
4 this litigation, provided that each such person shall execute a copy of the Certification attached as
5 Exhibit A (which shall be retained by counsel to the party retaining the consultant or expert
6 witnesses) before being shown or given any Confidential information, and provided that if the
7 party chooses a consultant or expert employed by a party or one of its competitors, the party shall
8 notify the opposing party, or designating non-party, before disclosing any Confidential
9 Information to that individual and shall give the opposing party an opportunity to move for a
10 protective order preventing or limiting such disclosure;
11 (d) any authors or prior recipients of the document containing the Confidential
12 information;
13 (e) the Court, a jury hearing the case, court personnel, court reporters, and their
14 staff, provided that the information is filed under seal;
15 (f) third-party court reporting services, persons or entities engaged to prepare
16 graphic or visual aids, and document duplicating, handling, or imaging services;
17 (g) during their depositions, witnesses in the action to whom disclosure is
18 reasonably necessary provided a witness shall sign the Certification before being shown
19 Confidential information. Confidential information may be disclosed to a witness who will not
20 sign the Certification only in a deposition at which the party who designated the Confidential
21 information is represented or has been given notice that Confidential information produced by the
22 party may be used. Pages of transcribed deposition testimony or exhibits to depositions that reveal
23 Confidential material must be separately bound by the court reporter and may not be disclosed to
24 anyone except as permitted under this Order. Witnesses shown Confidential information shall not
25 be allowed to retain copies; and
26 6. Except with the prior written consent of the other parties, or upon prior order of this
27 Court obtained upon notice to opposing counsel, all documents, materials, and information
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1 designated as “Highly Confidential – Attorneys’ Eyes Only” shall not be disclosed to any person
2 other than:
3 (a) outside counsel of record for the respective parties in this litigation, and
4 employees of such counsel (such as paralegals, legal assistants, and administrative assistants) to
5 whom it is reasonably necessary to disclose the information for this litigation;
6 (b) consultants or expert witnesses retained for the prosecution or defense of
7 this litigation, provided that each such person shall execute a copy of the Certification attached as
8 Exhibit A (which shall be retained by counsel retaining the consultant or expert witnesses) before
9 being shown or given any Highly Confidential – Attorneys’ Eyes Only information, and provided
10 that if the party chooses a consultant or expert employed by a party of one of its competitors, the
11 party shall notify the opposing party before disclosing any Highly Confidential – Attorneys’ Eyes
12 Only information to that person and shall give the opposing party thirty (30) days to file a motion
13 for a protective order preventing or liming such disclosure;
14 (c) the Court, a jury hearing the case, court personnel, court reporters, and their
15 staff, provided that the information is filed under seal;
16 (d) any author(s) or prior recipient(s) of the document containing the Highly
17 Confidential – Attorneys’ Eyes Only information;
18 (e) Third-party court reporting services, persons or entities engaged to prepare
19 graphic or visual aids, and document duplicating, handling, or imaging services;
20 7. Any persons receiving Confidential or Highly Confidential –Attorneys’ Eyes Only
21 information shall not reveal or discuss such information to or with any person who is not entitled
22 to receive such information, except as set forth herein. If a party or any of its representatives,
23 including counsel, inadvertently discloses any Confidential or Highly Confidential – Attorneys’
24 Eyes Only information to persons who are not authorized to use or possess such material, the party
25 shall provide immediate written notice of the disclosure to the party whose material was
26 inadvertently disclosed. If a party has actual knowledge that Confidential or Highly Confidential
27 – Attorneys’ Eyes Only information is being used or possessed by a person not authorized to use
28 or possess that material, regardless of how the material was disclosed or obtained by such person,
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1 the party shall provide immediate written notice of the unauthorized use or possession to the party
2 whose material is being used or possessed and shall use its best efforts to retrieve all unauthorized
3 copies of the protected material and inform the person or persons to whom unauthorized
4 disclosures were made of all the terms of this agreement. No party shall have an affirmative
5 obligation to inform itself regarding such possible use or possession.
6 8. In connection with discovery proceedings as to which a party submits Confidential
7 or Highly Confidential – Attorneys’ Eyes Only information, all documents and chamber copies
8 containing Confidential or Highly Confidential – Attorneys’ Eyes Only information which are
9 submitted to the Court shall be filed with the Court in sealed envelopes or other appropriate sealed
10 containers. On the outside of the envelopes, a copy of the first page of the document shall be
11 attached. If Confidential or Highly Confidential – Attorneys’ Eyes Only information is included
12 in the first page attached to the outside of the envelopes, it may be deleted from the outside copy.
13 The word “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
14 shall be stamped on the envelope and a statement substantially in the following form shall also be
15 printed on the envelope:
16 “This envelope is sealed pursuant to Order of the Court. It contains
Confidential or Highly Confidential – Attorneys’ Eyes Only
17 information and is not to be opened or the contents revealed, except
by Order of the Court or agreement by the parties.”
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19 9. If a party is served with a subpoena or a court order that compels the production of
20 Confidential or Highly Confidential – Attorneys’ Eyes Only information, such party shall (1)
21 promptly notify counsel for the party who produced the material of the pendency of such subpoena
22 or order and shall furnish counsel with a copy of said subpoena or order and (2) promptly notify in
23 writing the party, court, administrative agency, or other person or entity who caused the subpoena
24 or order to issue that some or all of the material covered by the subpoena or order is subject to this
25 Order, with such notification to include a copy of this agreement.
26 10. A party may designate as “Confidential” or “Highly Confidential – Attorneys’ Eyes
27 Only” documents or discovery materials produced by a non-party by providing written notice to
28 all parties of the relevant document numbers or other identification within thirty (30) days after
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING
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1 receiving such documents or discovery materials. Any party or non-party may voluntarily
2 disclose to others without restriction any information designated by that party or non-party as
3 Confidential or Highly Confidential – Attorneys’ Eyes Only information, although a document
4 may lose its confidential status if it is made public. If a party produces materials designated
5 Confidential or Highly Confidential – Attorneys’ Eyes Only in compliance with this Order, that
6 production shall be deemed to have been made consistent with any confidentiality or privacy
7 requirements mandated by local, state or federal laws.
8 11. If a producing party through inadvertence produced or revealed any Confidential or
9 Highly Confidential – Attorneys’ Eyes Only information without labeling or marking or otherwise
10 designating it as such in accordance with the provisions of this Order, the producing party may
11 give written notice to the receiving party that the document or thing produced is deemed
12 Confidential or Highly Confidential – Attorneys’ Eyes Only and should be treated as such in
13 accordance with the provisions of this Order. The receiving party must treat such documents and
14 things with the noticed level of protection from the date such notice is received. Promptly upon
15 providing such notice to the receiving party, the producing party shall provide the receiving party
16 with another copy of the documents or things that bear the new designation under this Order, at
17 which time the receiving party shall return the originally-produced documents and things to the
18 producing party. The receiving party’s disclosure, prior to the receipt of notice from the
19 producing party of a new designation, to persons not authorized to receive such information shall
20 not be deemed a violation of this Order. However, the receiving party shall make a good faith
21 effort to promptly retrieve such information from such persons not authorized to receive such
22 information and to obtain agreement from the person to whom the disclosure was made to be
23 bound by this Order. If such efforts are unsuccessful, the receiving party shall notify the producing
24 party of the disclosure and the identity of the person or entity to whom or to which the disclosure
25 was made.
26 12. A party shall not be obligated to challenge the propriety of the designation at the
27 time it is made, and a failure to do so shall not preclude a subsequent challenge thereto. If a party
28 contends that any material is not entitled to confidential treatment, such party may at any time give
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1 written notice to the party or non-party who designated the material. The parties must make every
2 attempt to resolve any dispute regarding confidential designations without court involvement. Any
3 motion regarding confidential designations or for a protective order must include a certification, in
4 the motion or in a declaration or affidavit, that the movant has engaged in a good faith meet and
5 confer conference with other affected parties in an effort to resolve the dispute without court
6 action. The certification must list the date, manner, and participants to the conference. A good
7 faith effort to confer requires a face-to-face meeting or a telephone conference. If the parties
8 cannot resolve a challenge without court intervention, the designating party shall have 20 days
9 from the date of the final meet and confer teleconference to file a motion to retain confidentiality.
10 The party or non-party seeking the order has the burden of establishing that the document is
11 entitled to protection. Frivolous challenges, and those made for an improper purpose (e.g., to
12 harass or impose unnecessary expenses and burdens on other parties) may expose the challenging
13 party to sanctions.
14 13. Notwithstanding any challenge to the designation of material as Confidential or
15 Highly Confidential – Attorneys’ Eyes Only, all documents shall be treated as such and shall be
16 subject to the provisions hereof unless and until one of the following occurs:
17 (a) the party or non-party who claims that the material is Confidential or
18 Highly Confidential – Attorneys’ Eyes Only withdraws such designation in writing; or
19 (b) the party or non-party who claims that the material is Confidential or
20 Highly Confidential – Attorneys’ Eyes Only fails to apply to the Court for an order designating the
21 material confidential within the time period specified above after receipt of a written challenge to
22 such designation; or
23 (c) the Court rules the material is not Confidential or Highly Confidential –
24 Attorneys’ Eyes Only.
25 14. Each party or non-party that designates information or items for protection under
26 this Order must take care to limit any such designation to specific material that qualifies under the
27 appropriate standards. The designating party must designate for protection only those materials,
28 documents, or portions of testimony that qualify. Mass, indiscriminate, or routinized designations
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1 are prohibited. Designations that are shown to be clearly unjustified or that have been made for an
2 improper purpose (e.g., to unnecessarily encumber or delay the case development process or to
3 impose unnecessary expenses and burdens on other parties) expose the designating party to
4 sanctions.
5 15. Neither side’s execution of this Order or designation, or failure to designate, of any
6 information or documents as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only”
7 under this Order shall constitute an admission that information or documents are or are not legally
8 protectable confidential or trade secret information, nor shall it be used as evidence of, or as the
9 basis of any arguments regarding, the substantive merits of any claim or defense in the litigation,
10 including whether any information is legally protectable confidential or trade secret information.
11 Neither party may introduce into evidence in any proceedings between the parties, other than a
12 motion to determine whether the Protective Order covers the information or documents in dispute,
13 the fact that the other party designated or failed to designate information or documents as
14 “Confidential” or “Highly Confidential – Attorneys’ Eyes Only.”
15 16. Nothing in this Order affects, in any way, the admissibility of any documents,
16 testimony, or other evidence at trial, or restricts the use of information at trial. Any party who
17 intends to use at trial another party’s “Confidential” or “Highly Confidential – Attorneys’ Eyes
18 Only” material shall give the designating party reasonable notice of the intention to use such
19 material so that the designating party has a reasonable opportunity to request that such material be
20 filed under seal or that other measures be taken to secure the confidentiality of the information.
21 17. Any documents labeled “Confidential” or “Highly Confidential – Attorneys’ Eyes
22 Only” pursuant to this Order shall have the label removed before such documents are shown to a
23 jury as trial exhibits or submitted into evidence in connection with trial.
24 18. Within 60 days after the final disposition of this action, each receiving party must
25 return all Confidential and Highly Confidential – Attorneys’ Eyes Only documents and materials
26 to the producing party or destroy such material. Whether the Confidential Information or Highly
27 Confidential – Attorneys’ Eyes Only Information is returned or destroyed, the receiving party
28 must submit a written certification to the producing party by the 60 day deadline affirming that the
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1 Confidential and Highly Confidential – Attorneys’ Eyes Only documents and materials have been
2 returned or destroyed. Notwithstanding this provision, Counsel are entitled to retain an archival
3 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
4 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
5 consultant and expert work product, even if such materials contain Confidential or Highly
6 Confidential – Attorneys’ Eyes Only information. Any such archival copies that contain or
7 constitute Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information
8 remain subject to this Protective Order.
9 19. Nothing herein shall be deemed to waive any applicable privilege or work product
10 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material
11 protected by privilege or work product protection. Any witness or other person, firm or entity
12 from which discovery is sought may be informed of and may obtain the protection of this Order by
13 written advice to the parties’ respective counsel or by oral advice at the time of any deposition or
14 similar proceeding.
15 20. Any party who has not executed this Stipulation and Protective Order as of the time
16 it is presented to the Court for signature may thereafter become a party to this Order by its
17 counsel’s signing and dating a copy thereof and filing the same with the Court, and serving copies
18 of such signed and dated copy upon the other parties. Any party (or other person subject to the
19 terms of this Order) may as the Court, after appropriate notice to the other parties to the
20 proceeding, to modify or grant relief from any provisions of this Order. Nothing in this Order
21 shall be construed to preclude any party from asserting in good faith that certain Confidential or
22 Highly Confidential – Attorneys’ Eyes Only information requires additional protection. To the
23 extent permitted by law, the Court shall retrain jurisdiction to enforce, modify, or reconsider this
24 Order, even after the proceeding is terminated.
25 Part Two: Use of Confidential Materials in Court
26 The following provisions govern the treatment of Confidential and Highly Confidential—
27 Attorneys’ Eyes Only information used at trial or submitted as a basis for adjudication of matters
28 other than discovery motions or proceedings. These provisions are subject to Rules 2.550, 2.551,
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1 2.580, 2.585, and 8.46 of the California Rules of Court and must be construed in light of those
2 Rules.
3 21. A party that files with the Court, or seeks to use at trial, materials designated as
4 Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information, and who
5 seeks to have the record containing such information sealed, shall submit to the Court a motion or
6 an application to seal, pursuant to California Rule of Court 2.551.
7 22. A party that files with the Court, or seeks to use at trial, materials designated as
8 Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information by anyone
9 other than itself, and who does not seek to have the record containing such information sealed,
10 shall comply with either of the following requirements:
11 (a) At least ten (10) business days prior to the filing or use of the Confidential
12 Information or Highly Confidential – Attorneys’ Eyes Only Information, the submitting party shall
13 give notice to all other parties, and to any non-party that designated the materials as Confidential
14 Information or Highly Confidential – Attorneys’ Eyes Only Information pursuant to this Order, of
15 the submitting party’s intention to file or use the Confidential Information or Highly Confidential
16 – Attorneys’ Eyes Only Information, including specific identification of the Confidential
17 Information or Highly Confidential – Attorneys’ Eyes Only Information. Any affected party or
18 non-party may then file a motion to seal, pursuant to California Rule of Court 2.551(b); or
19 (b) At the time of filing or desiring to use the Confidential Information or
20 Highly Confidential – Attorneys’ Eyes Only Information, the submitting party shall submit the
21 materials pursuant to the lodging-under seal provision of California Rule of Court 2.551(d). Any
22 affected party or non-party may then file a motion to seal, pursuant to the California Rule of Court
23 2.551(b), within ten (10) business days after such lodging. Documents lodged pursuant to
24 California Rule of Court 2.551(d) shall bear a legend stating that such materials shall be unsealed
25 upon expiration of ten (10) business days, absent the filing of a motion to seal pursuant to Rule
26 2.551(b) or Court order.
27 23. In connection with a request to have materials sealed pursuant to Paragraph 16 or
28 Paragraph 17, the requesting party’s declaration pursuant to California Rule of Court 2.551(b)(1)
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1 shall contain sufficient particularity with respect to the particular Confidential Information and the
2 basis for sealing to enable the Court to make the findings required by California Rule of Court
3 2.550(d).
4
5 Dated: February 22, 2024 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
6
7
By:
8 ANDREW A. WOOD
KELLY C. SMITH
9 RACHEL A. ROSENBLUM
Attorneys for Plaintiff and Petitioner Jean-
10 Pierre Biane, doing business as JP Biane
Farms and in his capacity as Trustee of the
11 J.P. Biane Living Trust Dated November 24,
2021
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14 Dated: February 23, 2024 FINCH, THORNTON & BAIRD, LLP
15
16 By:
17 ANDREA L. PETRAY
THOMAS E. DIAMOND
18 Attorneys for Defendant County of Kern
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1 [PROPOSED] ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective
3 Order.
4 IT IS SO ORDERED.
5
6 Dated:
Hon. T. Mark Smith
7 Judge of the Superior Court of the State of
California
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EXHIBIT A
EXHIBIT A
CERTIFICATION
I hereby certify my understanding that Confidential Information or Highly Confidential –
Attorneys’ Eyes Only Information is being provided to me pursuant to the terms and restrictions
of the Stipulation and Protective Order Regarding Confidential Information filed on
_____________, 2023, in Kern County Superior Court Case No. BCV-22-103359 (“Order”). I
have been given a copy of that Order and read it.
I agree to be bound by the Order. I will not reveal the Confidential Information or Highly
Confidential – Attorneys’ Eyes Only Information to anyone, except as allowed by the Order. I
will maintain all such Confidential Information or Highly Confidential – Attorneys’ Eyes Only
Information, including copies, notes, or other transcriptions made therefrom, in a secure manner
to prevent unauthorized access to it. No later than thirty (30) days after the conclusion of this
action, I will return the Confidential Information or Highly Confidential – Attorneys’ Eyes Only
Information, including copies, notes, or other transcriptions made therefrom, to the counsel who
provided me with the Confidential Information or Highly Confidential – Attorneys’ Eyes Only
Information, or will destroy all such information. I hereby consent to the jurisdiction of Kern
County Superior Court for the purpose of enforcing the Order.
I declare under penalty of perjury that the foregoing is true and correct and that this
certificate is executed this ___ day of _________________, 20__, at ______________________.
By: _______________________________
Address: __________________________________
___________________________________
Phone: __________________________________
1 PROOF OF SERVICE
2 I am employed in the County of Orange, State of California. I am over the age of eighteen
(18) and am not a party to this action. My business address is 2010 Main Street, Suite 800, Irvine,
3 CA 92614.
4 On February 23, 2024, I served the within document(s) described as:
5 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION
6
on the interested parties in this action as stated below:
7
P. Randolph Finch Jr., Esq. Attorneys for Defendant
8 Andrea L. Petray, Esq. County of Kern
Thomas E. Diamond, Esq.
9 Finch, Thornton & Baird, LLP
4747 Executive Drive, Suite 700
10 San Diego, California 92121-3107
Telephone: (858) 737-3100
11 Facsimile: (858) 737-3101
12 pfinch@ftblaw.com
apetray@ftblaw.com
13 tdiamond@ftblaw.com
14 Natasha L. Horn nhorn@ftblaw.com
Heidi Baeza-Rivas hbaeza-rivas@ftblaw.com
15
16 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on and in accordance with
a court order or agreement of the parties to accept service by e-mail or electronic
17 transmission, I caused a true copy of the document to be sent to the persons at the
corresponding electronic address as indicated above on the above-mentioned date. My
18 electronic notification address is kpreston@allenmatkins.com. I am readily familiar with
this firm’s Microsoft Outlook electronic mail system and did not receive any electronic
19 message or other indication that the transmission was unsuccessful.
20 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
21
Executed on February 23, 2024, at Irvine, California.
22
Karrle Preston
23 (Type or print name) (Signature of Declarant)
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LAW OFFICES
Allen Matkins Leck Gamble -14-
Mallory & Natsis LLP
STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING
4861-4333-0445.5 CONFIDENTIAL INFORMATION
Preview
1 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 2 ANDREW A. WOOD (BAR NO. 279403) KELLY C. SMITH (BAR NO. 308013) 3 RACHEL A. ROSENBLUM (BAR NO. 341011) 2010 Main Street, 8th Floor 4 Irvine, California 92614-7214 Phone: (949) 553-1313 5 Fax: (949) 553-8354 E-Mail: awood@allenmatkins.com 6 ksmith@allenmatkins.com rrosenblum@allenmatkins.com 7 Attorneys for Plaintiff and Petitioner Jean-Pierre Biane, 8 individually and doing business as JP Biane Farms and in his capacity as Trustee of the J.P. Biane Living Trust dated 9 November 24, 2021. 10 SUPERIOR COURT OF CALIFORNIA 11 FOR THE COUNTY OF KERN 12 13 JEAN-PIERRE BIANE, individually and doing Case No. BCV-22-103359 business as JP BIANE FARMS and in his 14 capacity as Trustee of the J.P. BIANE LIVING ASSIGNED FOR ALL PURPOSES TO TRUST DATED NOVEMBER 24, 2021, Judge T. Mark Smith, Dept.T-2 15 Plaintiff, STIPULATION AND [PROPOSED] 16 PROTECTIVE ORDER REGARDING vs. CONFIDENTIAL INFORMATION 17 COUNTY OF KERN, and DOES 1 through 50, 18 inclusive, Complaint Filed: 12/13/2022 Trial Date: None Set 19 Defendants. 20 In order to protect confidential, private, or otherwise sensitive information obtained by the 21 parties in connection with this case, Plaintiff and Petitioner Jean-Pierre Biane, doing business as 22 JP Biane Farms and in his capacity as Trustee of the J.P. Biane Living Trust Dated November 24, 23 2021 (“Biane”) and Defendant County of Kern (“County”), by and through their respective 24 undersigned counsel, and subject to the approval of the Court, hereby agree and stipulate as 25 follows: 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -1- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 Part One: Use Of Confidential Materials In Discovery 2 1. Any party or non-party may designate as “Confidential” (by stamping the relevant 3 page or as otherwise set forth herein) any document, deposition testimony, response to discovery, 4 or other information produced in this case which that party or non-party considers in good faith to 5 contain information involving trade secrets, confidential, private, financial, or proprietary 6 information of the parties or non-parties, and materials that are deemed confidential under 7 applicable state or federal statutes or regulations, including personal, family, medical, or financial 8 information such as protected health information or private financial information about any party 9 to this lawsuit or employee of any party to this lawsuit, and information regarding any individual’s 10 banking relationship with any banking institution, including information regarding the individual’s 11 financial transactions or financial accounts subject to protection under Rules 2.550, 2.551, 2.580, 12 2.585, and 8.46 of the California Rules of Court or under other provisions of California law. 13 Where a produced document consists of more than one page, the first page and each page of the 14 document shall be so designated. With respect to deposition testimony, the testimony shall be 15 designated by page and line number. With respect to written discovery responses, each response 16 shall be individually designated. 17 2. Any party or non-party may designate as “Highly Confidential – Attorneys’ Eyes 18 Only” (by stamping the relevant page or as otherwise set forth herein) any document, deposition 19 testimony, response to discovery, or other information produced in this case which would fall 20 under the categories listed above but that the designating party in good faith reasonably believes to 21 contain information of a particularly sensitive or confidential nature that warrants further restricted 22 disclosure, such that disclosure of the information to another party or non-party would create a 23 substantial risk of serious harm to the designating party or a third party that could not be avoided 24 by less restrictive means. 25 3. A party or non-party may designate information disclosed during a deposition or in 26 response to written discovery as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” 27 by so indicating in said responses or on the record at the deposition and requesting the preparation 28 of a separate transcript of such material at the designating party’s expense. In addition, a party or LAW OFFICES Allen Matkins Leck Gamble -2- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 non-party may designate in writing, within fifteen (15) days after receipt of the deposition 2 transcript for which the designation is proposed, that specific lines and pages of the transcript be 3 treated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only.” Until the expiration of 4 this fifteen (15) day designation period, the deposition testimony shall be treated as 5 “Confidential.” A party that makes original documents or materials available for inspection need 6 not designate them as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” until after 7 the inspecting party has indicated which materials it would like copied and produced. During the 8 inspection and before the designation and copying, all of the material made available for 9 inspection shall be considered “Confidential.” 10 4. All “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” materials 11 produced or exchanged in the course of this case shall be used by the party or parties to whom the 12 information is produced solely for the purpose of this case and for no other reason. Documents or 13 other materials designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” 14 shall not be used for any commercial, competitive, personal, or other purpose. The protections 15 conferred by this Order cover not only “Confidential” or “Highly Confidential – Attorneys’ Eyes 16 Only” material (as defined above), but also (1) any information copied or extracted from such 17 material; (2) all copies, excerpts, summaries, or compilations of such material; and (3) any 18 testimony, conversations, or presentations by parties or their counsel that might reveal such 19 material. However, the protections conferred by this Order do not cover information that is in the 20 public domain or becomes part of the public domain through trial or otherwise. 21 5. Except with the prior written consent of the other parties, or upon prior order of this 22 Court obtained upon notice to opposing counsel, all documents, materials, and information 23 designated as “Confidential” shall not be disclosed to any person other than: 24 (a) Counsel of record for the respective parties in this litigation, as well as in- 25 house counsel for the parties, and employees of such counsel (such as paralegals, legal assistants, 26 and administrative assistants) to whom it is reasonably necessary to disclose the information for 27 this litigation; 28 LAW OFFICES Allen Matkins Leck Gamble -3- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 (b) individual parties or officers or employees of a party, to the extent 2 reasonably necessary for the prosecution or defense of this litigation; 3 (c) consultants or expert witnesses retained for the prosecution or defense of 4 this litigation, provided that each such person shall execute a copy of the Certification attached as 5 Exhibit A (which shall be retained by counsel to the party retaining the consultant or expert 6 witnesses) before being shown or given any Confidential information, and provided that if the 7 party chooses a consultant or expert employed by a party or one of its competitors, the party shall 8 notify the opposing party, or designating non-party, before disclosing any Confidential 9 Information to that individual and shall give the opposing party an opportunity to move for a 10 protective order preventing or limiting such disclosure; 11 (d) any authors or prior recipients of the document containing the Confidential 12 information; 13 (e) the Court, a jury hearing the case, court personnel, court reporters, and their 14 staff, provided that the information is filed under seal; 15 (f) third-party court reporting services, persons or entities engaged to prepare 16 graphic or visual aids, and document duplicating, handling, or imaging services; 17 (g) during their depositions, witnesses in the action to whom disclosure is 18 reasonably necessary provided a witness shall sign the Certification before being shown 19 Confidential information. Confidential information may be disclosed to a witness who will not 20 sign the Certification only in a deposition at which the party who designated the Confidential 21 information is represented or has been given notice that Confidential information produced by the 22 party may be used. Pages of transcribed deposition testimony or exhibits to depositions that reveal 23 Confidential material must be separately bound by the court reporter and may not be disclosed to 24 anyone except as permitted under this Order. Witnesses shown Confidential information shall not 25 be allowed to retain copies; and 26 6. Except with the prior written consent of the other parties, or upon prior order of this 27 Court obtained upon notice to opposing counsel, all documents, materials, and information 28 LAW OFFICES Allen Matkins Leck Gamble -4- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 designated as “Highly Confidential – Attorneys’ Eyes Only” shall not be disclosed to any person 2 other than: 3 (a) outside counsel of record for the respective parties in this litigation, and 4 employees of such counsel (such as paralegals, legal assistants, and administrative assistants) to 5 whom it is reasonably necessary to disclose the information for this litigation; 6 (b) consultants or expert witnesses retained for the prosecution or defense of 7 this litigation, provided that each such person shall execute a copy of the Certification attached as 8 Exhibit A (which shall be retained by counsel retaining the consultant or expert witnesses) before 9 being shown or given any Highly Confidential – Attorneys’ Eyes Only information, and provided 10 that if the party chooses a consultant or expert employed by a party of one of its competitors, the 11 party shall notify the opposing party before disclosing any Highly Confidential – Attorneys’ Eyes 12 Only information to that person and shall give the opposing party thirty (30) days to file a motion 13 for a protective order preventing or liming such disclosure; 14 (c) the Court, a jury hearing the case, court personnel, court reporters, and their 15 staff, provided that the information is filed under seal; 16 (d) any author(s) or prior recipient(s) of the document containing the Highly 17 Confidential – Attorneys’ Eyes Only information; 18 (e) Third-party court reporting services, persons or entities engaged to prepare 19 graphic or visual aids, and document duplicating, handling, or imaging services; 20 7. Any persons receiving Confidential or Highly Confidential –Attorneys’ Eyes Only 21 information shall not reveal or discuss such information to or with any person who is not entitled 22 to receive such information, except as set forth herein. If a party or any of its representatives, 23 including counsel, inadvertently discloses any Confidential or Highly Confidential – Attorneys’ 24 Eyes Only information to persons who are not authorized to use or possess such material, the party 25 shall provide immediate written notice of the disclosure to the party whose material was 26 inadvertently disclosed. If a party has actual knowledge that Confidential or Highly Confidential 27 – Attorneys’ Eyes Only information is being used or possessed by a person not authorized to use 28 or possess that material, regardless of how the material was disclosed or obtained by such person, LAW OFFICES Allen Matkins Leck Gamble -5- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 the party shall provide immediate written notice of the unauthorized use or possession to the party 2 whose material is being used or possessed and shall use its best efforts to retrieve all unauthorized 3 copies of the protected material and inform the person or persons to whom unauthorized 4 disclosures were made of all the terms of this agreement. No party shall have an affirmative 5 obligation to inform itself regarding such possible use or possession. 6 8. In connection with discovery proceedings as to which a party submits Confidential 7 or Highly Confidential – Attorneys’ Eyes Only information, all documents and chamber copies 8 containing Confidential or Highly Confidential – Attorneys’ Eyes Only information which are 9 submitted to the Court shall be filed with the Court in sealed envelopes or other appropriate sealed 10 containers. On the outside of the envelopes, a copy of the first page of the document shall be 11 attached. If Confidential or Highly Confidential – Attorneys’ Eyes Only information is included 12 in the first page attached to the outside of the envelopes, it may be deleted from the outside copy. 13 The word “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 14 shall be stamped on the envelope and a statement substantially in the following form shall also be 15 printed on the envelope: 16 “This envelope is sealed pursuant to Order of the Court. It contains Confidential or Highly Confidential – Attorneys’ Eyes Only 17 information and is not to be opened or the contents revealed, except by Order of the Court or agreement by the parties.” 18 19 9. If a party is served with a subpoena or a court order that compels the production of 20 Confidential or Highly Confidential – Attorneys’ Eyes Only information, such party shall (1) 21 promptly notify counsel for the party who produced the material of the pendency of such subpoena 22 or order and shall furnish counsel with a copy of said subpoena or order and (2) promptly notify in 23 writing the party, court, administrative agency, or other person or entity who caused the subpoena 24 or order to issue that some or all of the material covered by the subpoena or order is subject to this 25 Order, with such notification to include a copy of this agreement. 26 10. A party may designate as “Confidential” or “Highly Confidential – Attorneys’ Eyes 27 Only” documents or discovery materials produced by a non-party by providing written notice to 28 all parties of the relevant document numbers or other identification within thirty (30) days after LAW OFFICES Allen Matkins Leck Gamble -6- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 receiving such documents or discovery materials. Any party or non-party may voluntarily 2 disclose to others without restriction any information designated by that party or non-party as 3 Confidential or Highly Confidential – Attorneys’ Eyes Only information, although a document 4 may lose its confidential status if it is made public. If a party produces materials designated 5 Confidential or Highly Confidential – Attorneys’ Eyes Only in compliance with this Order, that 6 production shall be deemed to have been made consistent with any confidentiality or privacy 7 requirements mandated by local, state or federal laws. 8 11. If a producing party through inadvertence produced or revealed any Confidential or 9 Highly Confidential – Attorneys’ Eyes Only information without labeling or marking or otherwise 10 designating it as such in accordance with the provisions of this Order, the producing party may 11 give written notice to the receiving party that the document or thing produced is deemed 12 Confidential or Highly Confidential – Attorneys’ Eyes Only and should be treated as such in 13 accordance with the provisions of this Order. The receiving party must treat such documents and 14 things with the noticed level of protection from the date such notice is received. Promptly upon 15 providing such notice to the receiving party, the producing party shall provide the receiving party 16 with another copy of the documents or things that bear the new designation under this Order, at 17 which time the receiving party shall return the originally-produced documents and things to the 18 producing party. The receiving party’s disclosure, prior to the receipt of notice from the 19 producing party of a new designation, to persons not authorized to receive such information shall 20 not be deemed a violation of this Order. However, the receiving party shall make a good faith 21 effort to promptly retrieve such information from such persons not authorized to receive such 22 information and to obtain agreement from the person to whom the disclosure was made to be 23 bound by this Order. If such efforts are unsuccessful, the receiving party shall notify the producing 24 party of the disclosure and the identity of the person or entity to whom or to which the disclosure 25 was made. 26 12. A party shall not be obligated to challenge the propriety of the designation at the 27 time it is made, and a failure to do so shall not preclude a subsequent challenge thereto. If a party 28 contends that any material is not entitled to confidential treatment, such party may at any time give LAW OFFICES Allen Matkins Leck Gamble -7- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 written notice to the party or non-party who designated the material. The parties must make every 2 attempt to resolve any dispute regarding confidential designations without court involvement. Any 3 motion regarding confidential designations or for a protective order must include a certification, in 4 the motion or in a declaration or affidavit, that the movant has engaged in a good faith meet and 5 confer conference with other affected parties in an effort to resolve the dispute without court 6 action. The certification must list the date, manner, and participants to the conference. A good 7 faith effort to confer requires a face-to-face meeting or a telephone conference. If the parties 8 cannot resolve a challenge without court intervention, the designating party shall have 20 days 9 from the date of the final meet and confer teleconference to file a motion to retain confidentiality. 10 The party or non-party seeking the order has the burden of establishing that the document is 11 entitled to protection. Frivolous challenges, and those made for an improper purpose (e.g., to 12 harass or impose unnecessary expenses and burdens on other parties) may expose the challenging 13 party to sanctions. 14 13. Notwithstanding any challenge to the designation of material as Confidential or 15 Highly Confidential – Attorneys’ Eyes Only, all documents shall be treated as such and shall be 16 subject to the provisions hereof unless and until one of the following occurs: 17 (a) the party or non-party who claims that the material is Confidential or 18 Highly Confidential – Attorneys’ Eyes Only withdraws such designation in writing; or 19 (b) the party or non-party who claims that the material is Confidential or 20 Highly Confidential – Attorneys’ Eyes Only fails to apply to the Court for an order designating the 21 material confidential within the time period specified above after receipt of a written challenge to 22 such designation; or 23 (c) the Court rules the material is not Confidential or Highly Confidential – 24 Attorneys’ Eyes Only. 25 14. Each party or non-party that designates information or items for protection under 26 this Order must take care to limit any such designation to specific material that qualifies under the 27 appropriate standards. The designating party must designate for protection only those materials, 28 documents, or portions of testimony that qualify. Mass, indiscriminate, or routinized designations LAW OFFICES Allen Matkins Leck Gamble -8- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 are prohibited. Designations that are shown to be clearly unjustified or that have been made for an 2 improper purpose (e.g., to unnecessarily encumber or delay the case development process or to 3 impose unnecessary expenses and burdens on other parties) expose the designating party to 4 sanctions. 5 15. Neither side’s execution of this Order or designation, or failure to designate, of any 6 information or documents as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” 7 under this Order shall constitute an admission that information or documents are or are not legally 8 protectable confidential or trade secret information, nor shall it be used as evidence of, or as the 9 basis of any arguments regarding, the substantive merits of any claim or defense in the litigation, 10 including whether any information is legally protectable confidential or trade secret information. 11 Neither party may introduce into evidence in any proceedings between the parties, other than a 12 motion to determine whether the Protective Order covers the information or documents in dispute, 13 the fact that the other party designated or failed to designate information or documents as 14 “Confidential” or “Highly Confidential – Attorneys’ Eyes Only.” 15 16. Nothing in this Order affects, in any way, the admissibility of any documents, 16 testimony, or other evidence at trial, or restricts the use of information at trial. Any party who 17 intends to use at trial another party’s “Confidential” or “Highly Confidential – Attorneys’ Eyes 18 Only” material shall give the designating party reasonable notice of the intention to use such 19 material so that the designating party has a reasonable opportunity to request that such material be 20 filed under seal or that other measures be taken to secure the confidentiality of the information. 21 17. Any documents labeled “Confidential” or “Highly Confidential – Attorneys’ Eyes 22 Only” pursuant to this Order shall have the label removed before such documents are shown to a 23 jury as trial exhibits or submitted into evidence in connection with trial. 24 18. Within 60 days after the final disposition of this action, each receiving party must 25 return all Confidential and Highly Confidential – Attorneys’ Eyes Only documents and materials 26 to the producing party or destroy such material. Whether the Confidential Information or Highly 27 Confidential – Attorneys’ Eyes Only Information is returned or destroyed, the receiving party 28 must submit a written certification to the producing party by the 60 day deadline affirming that the LAW OFFICES Allen Matkins Leck Gamble -9- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 Confidential and Highly Confidential – Attorneys’ Eyes Only documents and materials have been 2 returned or destroyed. Notwithstanding this provision, Counsel are entitled to retain an archival 3 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 4 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 5 consultant and expert work product, even if such materials contain Confidential or Highly 6 Confidential – Attorneys’ Eyes Only information. Any such archival copies that contain or 7 constitute Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information 8 remain subject to this Protective Order. 9 19. Nothing herein shall be deemed to waive any applicable privilege or work product 10 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 11 protected by privilege or work product protection. Any witness or other person, firm or entity 12 from which discovery is sought may be informed of and may obtain the protection of this Order by 13 written advice to the parties’ respective counsel or by oral advice at the time of any deposition or 14 similar proceeding. 15 20. Any party who has not executed this Stipulation and Protective Order as of the time 16 it is presented to the Court for signature may thereafter become a party to this Order by its 17 counsel’s signing and dating a copy thereof and filing the same with the Court, and serving copies 18 of such signed and dated copy upon the other parties. Any party (or other person subject to the 19 terms of this Order) may as the Court, after appropriate notice to the other parties to the 20 proceeding, to modify or grant relief from any provisions of this Order. Nothing in this Order 21 shall be construed to preclude any party from asserting in good faith that certain Confidential or 22 Highly Confidential – Attorneys’ Eyes Only information requires additional protection. To the 23 extent permitted by law, the Court shall retrain jurisdiction to enforce, modify, or reconsider this 24 Order, even after the proceeding is terminated. 25 Part Two: Use of Confidential Materials in Court 26 The following provisions govern the treatment of Confidential and Highly Confidential— 27 Attorneys’ Eyes Only information used at trial or submitted as a basis for adjudication of matters 28 other than discovery motions or proceedings. These provisions are subject to Rules 2.550, 2.551, LAW OFFICES Allen Matkins Leck Gamble -10- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 2.580, 2.585, and 8.46 of the California Rules of Court and must be construed in light of those 2 Rules. 3 21. A party that files with the Court, or seeks to use at trial, materials designated as 4 Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information, and who 5 seeks to have the record containing such information sealed, shall submit to the Court a motion or 6 an application to seal, pursuant to California Rule of Court 2.551. 7 22. A party that files with the Court, or seeks to use at trial, materials designated as 8 Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information by anyone 9 other than itself, and who does not seek to have the record containing such information sealed, 10 shall comply with either of the following requirements: 11 (a) At least ten (10) business days prior to the filing or use of the Confidential 12 Information or Highly Confidential – Attorneys’ Eyes Only Information, the submitting party shall 13 give notice to all other parties, and to any non-party that designated the materials as Confidential 14 Information or Highly Confidential – Attorneys’ Eyes Only Information pursuant to this Order, of 15 the submitting party’s intention to file or use the Confidential Information or Highly Confidential 16 – Attorneys’ Eyes Only Information, including specific identification of the Confidential 17 Information or Highly Confidential – Attorneys’ Eyes Only Information. Any affected party or 18 non-party may then file a motion to seal, pursuant to California Rule of Court 2.551(b); or 19 (b) At the time of filing or desiring to use the Confidential Information or 20 Highly Confidential – Attorneys’ Eyes Only Information, the submitting party shall submit the 21 materials pursuant to the lodging-under seal provision of California Rule of Court 2.551(d). Any 22 affected party or non-party may then file a motion to seal, pursuant to the California Rule of Court 23 2.551(b), within ten (10) business days after such lodging. Documents lodged pursuant to 24 California Rule of Court 2.551(d) shall bear a legend stating that such materials shall be unsealed 25 upon expiration of ten (10) business days, absent the filing of a motion to seal pursuant to Rule 26 2.551(b) or Court order. 27 23. In connection with a request to have materials sealed pursuant to Paragraph 16 or 28 Paragraph 17, the requesting party’s declaration pursuant to California Rule of Court 2.551(b)(1) LAW OFFICES Allen Matkins Leck Gamble -11- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 shall contain sufficient particularity with respect to the particular Confidential Information and the 2 basis for sealing to enable the Court to make the findings required by California Rule of Court 3 2.550(d). 4 5 Dated: February 22, 2024 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 6 7 By: 8 ANDREW A. WOOD KELLY C. SMITH 9 RACHEL A. ROSENBLUM Attorneys for Plaintiff and Petitioner Jean- 10 Pierre Biane, doing business as JP Biane Farms and in his capacity as Trustee of the 11 J.P. Biane Living Trust Dated November 24, 2021 12 13 14 Dated: February 23, 2024 FINCH, THORNTON & BAIRD, LLP 15 16 By: 17 ANDREA L. PETRAY THOMAS E. DIAMOND 18 Attorneys for Defendant County of Kern 19 20 21 22 23 24 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -12- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION 1 [PROPOSED] ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective 3 Order. 4 IT IS SO ORDERED. 5 6 Dated: Hon. T. Mark Smith 7 Judge of the Superior Court of the State of California 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -13- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION EXHIBIT A EXHIBIT A CERTIFICATION I hereby certify my understanding that Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information is being provided to me pursuant to the terms and restrictions of the Stipulation and Protective Order Regarding Confidential Information filed on _____________, 2023, in Kern County Superior Court Case No. BCV-22-103359 (“Order”). I have been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information to anyone, except as allowed by the Order. I will maintain all such Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information, including copies, notes, or other transcriptions made therefrom, in a secure manner to prevent unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will return the Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information, including copies, notes, or other transcriptions made therefrom, to the counsel who provided me with the Confidential Information or Highly Confidential – Attorneys’ Eyes Only Information, or will destroy all such information. I hereby consent to the jurisdiction of Kern County Superior Court for the purpose of enforcing the Order. I declare under penalty of perjury that the foregoing is true and correct and that this certificate is executed this ___ day of _________________, 20__, at ______________________. By: _______________________________ Address: __________________________________ ___________________________________ Phone: __________________________________ 1 PROOF OF SERVICE 2 I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and am not a party to this action. My business address is 2010 Main Street, Suite 800, Irvine, 3 CA 92614. 4 On February 23, 2024, I served the within document(s) described as: 5 STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 6 on the interested parties in this action as stated below: 7 P. Randolph Finch Jr., Esq. Attorneys for Defendant 8 Andrea L. Petray, Esq. County of Kern Thomas E. Diamond, Esq. 9 Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 10 San Diego, California 92121-3107 Telephone: (858) 737-3100 11 Facsimile: (858) 737-3101 12 pfinch@ftblaw.com apetray@ftblaw.com 13 tdiamond@ftblaw.com 14 Natasha L. Horn nhorn@ftblaw.com Heidi Baeza-Rivas hbaeza-rivas@ftblaw.com 15 16 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on and in accordance with a court order or agreement of the parties to accept service by e-mail or electronic 17 transmission, I caused a true copy of the document to be sent to the persons at the corresponding electronic address as indicated above on the above-mentioned date. My 18 electronic notification address is kpreston@allenmatkins.com. I am readily familiar with this firm’s Microsoft Outlook electronic mail system and did not receive any electronic 19 message or other indication that the transmission was unsuccessful. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 Executed on February 23, 2024, at Irvine, California. 22 Karrle Preston 23 (Type or print name) (Signature of Declarant) 24 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -14- Mallory & Natsis LLP STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING 4861-4333-0445.5 CONFIDENTIAL INFORMATION