Preview
I L E D E C
SUPERIOF
‘
couwiqvg9gmfi' gt EPRRANIA F _
Jeffrey A. Lake, Esq, (State Bar No. 159234) NDX —
FEB 1 1 2009
Erich R. Luschei, Esq. (State Bar No. 125956) at
94"" M~ awn, Ewan d
THEODORA ORINGHER MILLER & RICHMAN PC 9 Officer
2029 Century Park East, Sixth Floor BY__%____ 9‘ CA _
Los Angeles, California
Telephone: (310) 557-2009
90067-2907
'
KELLY KR OFF. 99W Clem
FIN ‘
Facsimile: (310) 551-0283 J _
PTY —
Stanley H. Green (State Bar No. 41851)
468 N. Camden Drive, Second Floor _
\DOOQONU‘AWN—I
ATT
Beverly Hills, CA 90210
WD —
Telephone: (310) 285-1753
Facsimile (310) 285-1752 51'
_
Attomeys for Contestant STEVEN PAPPAS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
PC FOR THE COUNTY OF SANTA BARBARA
Steven Pappas, Case No: 1304851
RICH/WAN
Contestant.
&
vs. STIPULATION AND PROTECTIVE
MILLER
ORDER ~
Doreen Farr, Date: / / , 2009
Time: . . . / ‘ WPM
.
ORINGHER Defendant. Dept: 5
THEODORA
NNNNNNNN-—-——~X—._.—_—
IT IS HEREBY STTPULATED by and between the attorneys for the parties in the
above entitled action and the attorney for The University of California Santa Barbara (“University”),
MNOMJBWNHOOOOQOMw—‘O
to enter into the following protective order regarding the receipt of the following documents, whether
in writing, paper, electronic or other media, subpoenaed by Contestant Steven Pappas in his subpoena
duces tecum issued January 13, 2009 and to be exchanged by the parties in this action as described
below:
(1) Any documents which the University produces, in any media, pursuant to a valid and
enforceable court order, subpoena or Public Records Act request are to be designated as "confidential
material." Such designation shall be made by stamping or otherwise marking the envelope or
container containing such documents as follows: "SUBJECT TO PROTECTIVE ORDER."
736406.4/2199205002
.— (2) Confidential material shall be used solely in connection with the preparation, trial and
appeal of the within case, Steven Pappas v. Doreen Farr, Santa Barbara Superior Court Case No.
1304851, and not for any other purpose, including any other litigation.
(3) Confidential material may not be disclosed except as provided in paragraph 4.
(4) Confidential material may be disclosed only to the following persons:
(a) Counsel for any party to this litigation;
b) Any outside expert or consultant retained in connection "with this action,
0000\10\UIAUJN
and not otherwise employed by either party;
(0) Paralegal, stenographic, clerical and secretarial personnel regularly
employed by counsel referred to in (a).
(d) Court personnel, including stenographic reporters engaged in such
PC
proceedings as are necessarily incidental to preparation for the trial of this
RICHMAN
action; and _
(5) Nothing in paragraph 4 is intended to prevent officials or employees of the
&
University or other authorized personnel from having access to the documents if they would have had
of their job duties.
MILLER
access in the normal course
(6) (a) In the event that any person (expressly excluding counsel) identified in paragraph 4
ORINGHER
above are provided any paper, written, electronic or other copies of confidential material, prior to the
time of such disclosure such person(s) shall be provided by the person furnishing such confidential
material a copy of this order, and shall agree in writing that he or she has read the protective order,
THEODORA
and that he or she understands
NNNNNNNNN—a~fl_—_.—..____
the provisions of the Protective Order and agrees to be bound by it
Such person also must consent to be subject to thejurisdiction of the Superior Court of the State of
California with
OONONUIANN—OVDOONOUIAWNH
respect to any proceeding relating to enforcementof this order, including without
limitation, any proceeding for contempt. Unless made in an official record in this litigation, counsel
making the disclosure to any person described above shall retain the original executed copy of said
agreement until final termination of this litigation.
(7) If any information, documents and other material which are the subject of this Protective
Order are presented by the recipient(s) of the confidential material to this or any other court, or in any
other manner, prior to the time of trial, said information, materials
or documents shall be lodged under seal in an envelope clearly marked as follows:
III
III
2
STIl’UM TION AND PROTECTIVE ORDER
"LODGED UNDER SEAL PURSUANT TO LAW"
(8) Counsel for the parties agree to return all confidential material received under the
provisions of this order to the University no later than 30 days after the conclusion of this trial and of
any appeal or upon final termination of this litigation. Provisions of this order shall be in effect until
further order of this Court,
\OOOQO‘MALHN—
(9) The foregoing is without prejudice to the right of any party or University:
(a) To apply to the court for a further protective order relating to confidential
material or relating to discovery in this litigation;
(b) To apply to the court for an order removing the confidential material
designation from any documents; and
(c) To seek formal or informal discovery from any party relating to the
PC
confidential material, including the material itself
RICHMAN (d) To apply to the court for an order compelling production of documents or
modification of this order or for any order permitting disclosure of
&
confidential material beyond the terms of this order.
MILLER
(10) The confidential material may be used at trial in this action subject to objections made by
any party to this action, motions in liminie, or other legal challenges. It is agreed that the party seeking
ORINGHER
to use the confidential information at trial shall notify University in writing prior to use or introduction
of the confidential material at trial, and that University retains the right to object prior to use or
introduction of confidential material at trial,In the event confidential material is used in any court
THEODORA
proceeding in this action, it shall not lose its confidential status through such use.
(1 1)
NNNNNNNNN~——-———H—
Nothing in this order nor the production of any confidential material under the terms of
OONOU‘IAUJN—‘ONOOOQO‘UIAWN—‘O
this stipulation and order, nor any proceedings pursuant to this order shall be deemed to have the
effect of an admission or waiver by either party of the confidentiality of any confidential material or
altering any existing obligation of any party under this agreement.
(12) This Order shall survive the final termination of this action and the Court shall retain
jurisdiction to resolve any dispute concerning the use of confidential
DOCUMENTS SUBJECT TO PROTECTIVE ORDER:
material
g
disclosed hereunder.
27v
3
S TIP ULA TION AND PROTECTIVE ORDER
.—
A
(«I
Mn
Y otherm
tha sel for the Univ
'
any kind rele
eems to be protected as
er subpoena
mnfidenti
f or other request 1
s
Dated: @ ,2009 .
% I
David Bigbaum _
Margaret Wu
University Counsel, University ofCalifomia, Office of
the General Counsel
Attorneys for University of California
Santa Barbara
Dated: Z , 2009
r ,Lake,
PC
eodora On' her Miller & Richman, PC
RICHAMN
& Dated: é? \\ , 2009
/
Anomeys
2 AA;—
Fredric D.
for Steven
1/“'1‘.-
Woocher
Pappas
MILLER
gBOMAt-‘Cowxlomt—‘OOOOQONUIAWN
Strumwasser & Woocher LLP
ORINGHER
Phillip Seymour V
Attorneys for Doreen Farr
THEODORA
NNNNNNN—n—o—a—u—_~_.—_
ORDER
IT IS SO ORDERED
Dated: 2.H ,2009 “-
eJ William Me
4
S T/PUM TION AND PROTEC77VE ORDER
Preview
I L E D E C SUPERIOF ‘ couwiqvg9gmfi' gt EPRRANIA F _ Jeffrey A. Lake, Esq, (State Bar No. 159234) NDX — FEB 1 1 2009 Erich R. Luschei, Esq. (State Bar No. 125956) at 94"" M~ awn, Ewan d THEODORA ORINGHER MILLER & RICHMAN PC 9 Officer 2029 Century Park East, Sixth Floor BY__%____ 9‘ CA _ Los Angeles, California Telephone: (310) 557-2009 90067-2907 ' KELLY KR OFF. 99W Clem FIN ‘ Facsimile: (310) 551-0283 J _ PTY — Stanley H. Green (State Bar No. 41851) 468 N. Camden Drive, Second Floor _ \DOOQONU‘AWN—I ATT Beverly Hills, CA 90210 WD — Telephone: (310) 285-1753 Facsimile (310) 285-1752 51' _ Attomeys for Contestant STEVEN PAPPAS SUPERIOR COURT OF THE STATE OF CALIFORNIA PC FOR THE COUNTY OF SANTA BARBARA Steven Pappas, Case No: 1304851 RICH/WAN Contestant. & vs. STIPULATION AND PROTECTIVE MILLER ORDER ~ Doreen Farr, Date: / / , 2009 Time: . . . / ‘ WPM . ORINGHER Defendant. Dept: 5 THEODORA NNNNNNNN-—-——~X—._.—_— IT IS HEREBY STTPULATED by and between the attorneys for the parties in the above entitled action and the attorney for The University of California Santa Barbara (“University”), MNOMJBWNHOOOOQOMw—‘O to enter into the following protective order regarding the receipt of the following documents, whether in writing, paper, electronic or other media, subpoenaed by Contestant Steven Pappas in his subpoena duces tecum issued January 13, 2009 and to be exchanged by the parties in this action as described below: (1) Any documents which the University produces, in any media, pursuant to a valid and enforceable court order, subpoena or Public Records Act request are to be designated as "confidential material." Such designation shall be made by stamping or otherwise marking the envelope or container containing such documents as follows: "SUBJECT TO PROTECTIVE ORDER." 736406.4/2199205002 .— (2) Confidential material shall be used solely in connection with the preparation, trial and appeal of the within case, Steven Pappas v. Doreen Farr, Santa Barbara Superior Court Case No. 1304851, and not for any other purpose, including any other litigation. (3) Confidential material may not be disclosed except as provided in paragraph 4. (4) Confidential material may be disclosed only to the following persons: (a) Counsel for any party to this litigation; b) Any outside expert or consultant retained in connection "with this action, 0000\10\UIAUJN and not otherwise employed by either party; (0) Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in (a). (d) Court personnel, including stenographic reporters engaged in such PC proceedings as are necessarily incidental to preparation for the trial of this RICHMAN action; and _ (5) Nothing in paragraph 4 is intended to prevent officials or employees of the & University or other authorized personnel from having access to the documents if they would have had of their job duties. MILLER access in the normal course (6) (a) In the event that any person (expressly excluding counsel) identified in paragraph 4 ORINGHER above are provided any paper, written, electronic or other copies of confidential material, prior to the time of such disclosure such person(s) shall be provided by the person furnishing such confidential material a copy of this order, and shall agree in writing that he or she has read the protective order, THEODORA and that he or she understands NNNNNNNNN—a~fl_—_.—..____ the provisions of the Protective Order and agrees to be bound by it Such person also must consent to be subject to thejurisdiction of the Superior Court of the State of California with OONONUIANN—OVDOONOUIAWNH respect to any proceeding relating to enforcementof this order, including without limitation, any proceeding for contempt. Unless made in an official record in this litigation, counsel making the disclosure to any person described above shall retain the original executed copy of said agreement until final termination of this litigation. (7) If any information, documents and other material which are the subject of this Protective Order are presented by the recipient(s) of the confidential material to this or any other court, or in any other manner, prior to the time of trial, said information, materials or documents shall be lodged under seal in an envelope clearly marked as follows: III III 2 STIl’UM TION AND PROTECTIVE ORDER "LODGED UNDER SEAL PURSUANT TO LAW" (8) Counsel for the parties agree to return all confidential material received under the provisions of this order to the University no later than 30 days after the conclusion of this trial and of any appeal or upon final termination of this litigation. Provisions of this order shall be in effect until further order of this Court, \OOOQO‘MALHN— (9) The foregoing is without prejudice to the right of any party or University: (a) To apply to the court for a further protective order relating to confidential material or relating to discovery in this litigation; (b) To apply to the court for an order removing the confidential material designation from any documents; and (c) To seek formal or informal discovery from any party relating to the PC confidential material, including the material itself RICHMAN (d) To apply to the court for an order compelling production of documents or modification of this order or for any order permitting disclosure of & confidential material beyond the terms of this order. MILLER (10) The confidential material may be used at trial in this action subject to objections made by any party to this action, motions in liminie, or other legal challenges. It is agreed that the party seeking ORINGHER to use the confidential information at trial shall notify University in writing prior to use or introduction of the confidential material at trial, and that University retains the right to object prior to use or introduction of confidential material at trial,In the event confidential material is used in any court THEODORA proceeding in this action, it shall not lose its confidential status through such use. (1 1) NNNNNNNNN~——-———H— Nothing in this order nor the production of any confidential material under the terms of OONOU‘IAUJN—‘ONOOOQO‘UIAWN—‘O this stipulation and order, nor any proceedings pursuant to this order shall be deemed to have the effect of an admission or waiver by either party of the confidentiality of any confidential material or altering any existing obligation of any party under this agreement. (12) This Order shall survive the final termination of this action and the Court shall retain jurisdiction to resolve any dispute concerning the use of confidential DOCUMENTS SUBJECT TO PROTECTIVE ORDER: material g disclosed hereunder. 27v 3 S TIP ULA TION AND PROTECTIVE ORDER .— A («I Mn Y otherm tha sel for the Univ ' any kind rele eems to be protected as er subpoena mnfidenti f or other request 1 s Dated: @ ,2009 . % I David Bigbaum _ Margaret Wu University Counsel, University ofCalifomia, Office of the General Counsel Attorneys for University of California Santa Barbara Dated: Z , 2009 r ,Lake, PC eodora On' her Miller & Richman, PC RICHAMN & Dated: é? \\ , 2009 / Anomeys 2 AA;— Fredric D. for Steven 1/“'1‘.- Woocher Pappas MILLER gBOMAt-‘Cowxlomt—‘OOOOQONUIAWN Strumwasser & Woocher LLP ORINGHER Phillip Seymour V Attorneys for Doreen Farr THEODORA NNNNNNN—n—o—a—u—_~_.—_ ORDER IT IS SO ORDERED Dated: 2.H ,2009 “- eJ William Me 4 S T/PUM TION AND PROTEC77VE ORDER