Green v. Lizarraga et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
COREY LAVELLE GREEN,
Plaintiff,
v.
M. LIZARRAGA, et al.,
Defendants.
Case No.: 22-cv-1175-DMS-MMP
ORDER GRANTING JOINT
MOTION FOR PROTECTIVE
ORDER
[ECF No. 114]
The parties jointly move for entry of a stipulated protective order. ECF No. 114. For
good cause, the Court GRANTS the parties’ joint motion and enters the following
protective order as submitted by the parties.
The 	Court 	recognizes 	that 	at 	least 	some 	of 	the 	documents 	and 	information
(“materials”) being sought through discovery in the above-captioned action are, for
security and privacy reasons, normally kept confidential by the parties. The parties have
agreed to be bound by the terms of this Protective Order (“Order”) in this action.
The materials to be exchanged throughout the course of the litigation between the
parties may contain confidential, proprietary, or private information for which protection
from public disclosure and from use for any purpose other than prosecuting this litigation
would be warranted, as is contemplated by Federal Rule of Civil Procedure 26(c)(1)(G).
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The purpose of this Order is to protect the confidentiality of such materials as much
as practical during the litigation. THEREFORE:
DEFINITIONS
1. 	The term “confidential information” will mean and include information
contained or disclosed in any materials, including documents, portions of documents,
answers to interrogatories, responses to requests for admissions, trial or deposition
testimony, and transcripts of trial testimony or depositions, including data, summaries, and
compilations derived therefrom that is deemed to be confidential information by any party
to which it belongs.
2. 	The 	term 	“materials” 	will 	include, 	but 	is 	not 	limited 	to: 	documents;
correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other
material that identify customers or potential customers; price lists schedules, or other
matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks;
contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk
diaries; appointment books; expense accounts; recordings; photographs; motion pictures;
compilations from which information can be obtained and translated into reasonably usable
form through detection devices; sketches; drawings; notes (including laboratory notebooks
and records); reports; instructions; disclosures; other writings; models and prototypes and
other physical objects.
3. 	The term “counsel” will mean outside counsel of record, and other attorneys,
paralegals, secretaries, and other support staff employed in the law firms Harlan Hillier
DiGiacco LLP and the California Department of Justice. “Counsel” also includes the
California 	Department 	of 	Corrections 	and 	Rehabilitation, 	in-house 	attorneys 	for
Defendants.
GENERAL RULES
4. 	Each party to this litigation that produces or discloses any materials, answers
to interrogatories, responses to requests for admission, trial or deposition testimony, and
transcripts of trial testimony or depositions, or information that the producing party
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believes should be subject to this Order may designate the same as “CONFIDENTIAL” or
“CONFIDENTIAL – FOR COUNSEL ONLY.”
a. 	Designation as “CONFIDENTIAL”: Any party or non-party subject to
this Order may only designate documents or other information in this action as
“CONFIDENTIAL” if the designating party or non-party has an articulable, good
faith basis to believe that each document or other information designated as
confidential qualifies for protection under Federal Rule of Civil Procedure 26(c).
b. 	Designation as “CONFIDENTIAL – FOR COUNSEL ONLY”: Any
party may only designate information as “CONFIDENTIAL – FOR COUNSEL
ONLY” if, in the good faith belief of such party and its counsel, the information is
among that considered to be most sensitive by the party, including but not limited to
information that has not been made immediately available to the general public by
Plaintiff, Defendants, the California Department of Corrections and Rehabilitation
(CDCR), the California Correctional Health Care Services (CCHCS), or Centinela
State Prison, and constitutes or discloses information which threatens safety or
security of a prison or an individual.
c. 	Counsel for the parties will agree on a mutually acceptable manner of
labeling or marking materials as “CONFIDENTIAL” or “CONFIDENTIAL – FOR
COUNSEL ONLY – SUBJECT TO PROTECTIVE ORDER.”
5. 	In the event the producing party elects to produce materials for inspection, no
marking need be made by the producing party in advance of the initial inspection. For
purposes 	of 	the 	initial 	inspection, 	all 	materials 	produced 	will 	be 	considered 	as
“CONFIDENTIAL – FOR COUNSEL ONLY,” and must be treated as such pursuant to
the terms of this Order. Thereafter, upon selection of specified materials for copying by the
inspecting party, the producing party must, within a reasonable time prior to producing
those materials to the inspecting party, mark the copies of those materials that contain
confidential information with the appropriate confidentiality marking.
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6. 	Whenever a deposition taken on behalf of any party involves a disclosure of
confidential information of any party:
a. 	The deposition or portions of the deposition must be designated as
containing confidential information subject to the provisions of this Order; such
designation must be made on the record whenever possible, but a party may
designate portions of depositions as containing confidential information after
transcription of the proceedings; a party will have until fourteen (14) calendar days
after receipt of the deposition transcript to inform the other party or parties to the
action of the portions of the transcript to be designated “CONFIDENTIAL” or
“CONFIDENTIAL – FOR COUNSEL ONLY”;
b. 	The disclosing party will have the right to exclude from attendance at
the deposition, during such time as the confidential information is to be disclosed,
any person other than the deponent, counsel (including their staff and associates),
the court reporter, and the person(s) agreed upon pursuant to paragraph 9 below; and
c. 	The originals of the deposition transcripts and all copies of the
deposition must bear the legend “CONFIDENTIAL” or “CONFIDENTIAL – FOR
COUNSEL ONLY,” as appropriate, and the original or any copy ultimately
presented to a court for filing must not be filed unless it can be accomplished under
seal, identified as being subject to this Order, and protected from being opened
except by order of this Court.
7. 	All 	confidential 	information 	designated 	as 	“CONFIDENTIAL” 	or
“CONFIDENTIAL – FOR COUNSEL ONLY” must not be disclosed by the receiving
party to anyone other than those persons designated within this Order and must be handled
in the manner set forth below and, in any event, must not be used for any purpose other
than in connection with this litigation, unless and until such designation is removed either
by agreement of the parties, or by order of the Court.
8. 	Information designated “CONFIDENTIAL – FOR COUNSEL ONLY” must
be viewed only by counsel (as defined in Paragraph 3) of the receiving party, and by
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independent experts under the conditions set forth in this Paragraph. The right of any
independent expert to receive any confidential information will be subject to the advance
approval of such expert by the producing party or by permission of the Court. The party
seeking approval of an independent expert must provide the producing party with the name
and curriculum vitae of the proposed independent expert, and an executed copy of the form
attached hereto as Exhibit A, in advance of providing any confidential information of the
producing party to the expert. Any objection by the producing party to an independent
expert receiving confidential information must be made in writing within fourteen (14)
calendar days following receipt of the identification of the proposed expert. Confidential
information may be disclosed to an independent expert if the fourteen-day period has
passed and no objection has been made. The approval of independent experts must not be
unreasonably withheld. Information designated “CONFIDENTIAL – FOR COUNSEL
ONLY” may not be viewed by any incarcerated person, including Plaintiff.
9. 	Information designated “CONFIDENTIAL” must be viewed only by the
named Plaintiff Corey Lavelle Green, Defendants J. Galindo, M. Lizarraga, and E.
Montejano, counsel (as defined in Paragraph 3) of the receiving party, by independent
experts (pursuant to the terms of Paragraph 8), by court personnel, and by the additional
individuals listed below, provided each such individual has read this Order in advance of
disclosure and has executed a copy of the form attached hereto as Exhibit A:
a. 	Executives who are required to participate in policy decisions with
reference to this action;
b. 	Technical personnel of the parties with whom counsel for the parties
find it necessary to consult, in the discretion of such counsel, in preparation for trial
of this action; and
c. 	Stenographic and clerical employees associated with the individuals
identified above.
10. 	With 	respect 	to 	material 	designated 	“CONFIDENTIAL” 	or
“CONFIDENTIAL – FOR COUNSEL ONLY,” any person indicated on the face of the
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document to be its originator, author, or a recipient of a copy of the document may be
shown the same.
11. 	All 	information 	which 	has 	been 	designated 	as 	“CONFIDENTIAL” 	or
“CONFIDENTIAL – FOR COUNSEL ONLY” by the producing or disclosing party, and
any and all reproductions of that information, must be retained in the custody of the counsel
for the receiving party identified in Paragraph 3, except that independent experts authorized
to view such information under the terms of this Order may retain custody of copies such
as are necessary for their participation in this litigation.
12. 	Before any materials produced in discovery, answers to interrogatories,
responses to requests for admissions, deposition transcripts, or other documents which are
designated as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” are
filed with the Court for any purpose, the party seeking to file such material must seek
permission of the Court to file the material under seal.
13. 	No document shall be filed under seal unless counsel secures a court order
allowing the filing of a document, or portion thereof, under seal. An application to file a
document under seal shall be served on opposing counsel and on the person or entity that
has custody and control of the document, if different from opposing counsel. If opposing
counsel, or the person or entity who has custody and control of the document, wishes to
oppose the application, they must contact the Chambers of the judge who will rule on the
application to notify the Court that an opposition to the application will be filed.
14. 	At any stage of these proceedings, any party may object to a designation of
the materials as confidential information. The party objecting to confidentiality must
notify, in writing, counsel for the designating party of the objected-to materials and the
grounds for the objection. The parties must thereafter meet and confer in accordance with
Civil Local Rule 26.1(a) and Judge Pettit’s Civil Chambers Rules. If the dispute is not
resolved consensually between the parties within fourteen calendar days of receipt of such
a written notice of objections, the parties may jointly request the Court’s assistance with
the dispute in accordance with Judge Pettit’s Civil Chambers Rules. The materials at issue
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must be treated as confidential information, as designated by the designating party, until
the Court has ruled on the objection or the matter has been otherwise resolved.
15. 	All confidential information must be held in confidence by those inspecting
or receiving it and must be used only for purposes of this action. Counsel for each party,
and each person receiving confidential information must take reasonable precautions to
prevent the unauthorized or inadvertent disclosure of such information. If confidential
information is disclosed to any person other than a person authorized by this Order, the
party responsible for the unauthorized disclosure must immediately bring all pertinent facts
relating to the unauthorized disclosure to the attention of the other parties and, without
prejudice to any rights and remedies of the other parties, make every effort to prevent
further disclosure by the party and by the person(s) receiving the unauthorized disclosure.
16. 	No party will be responsible to another party for disclosure of confidential
information under this Order if the information in question is not labeled or otherwise
identified as such in accordance with this Order.
17. 	If a party, through inadvertence, produces any confidential information
without labeling or marking or otherwise designating it as such in accordance with this
Order, the designating party may give written notice to the receiving party that the
document or thing produced is deemed confidential information, and that the document or
thing produced should be treated as such in accordance with that designation under this
Order. The receiving party must treat the materials as confidential, once the designating
party so notifies the receiving party. If the receiving party has disclosed the materials before
receiving the designation, the receiving party must notify the designating party in writing
of each such disclosure.
18. 	Nothing within this Order will prejudice the right of any party to object to the
production of any discovery material on the grounds that the material is protected as
privileged or as attorney work product.
19. 	Nothing in this Order will bar counsel from rendering advice to their clients
with respect to this litigation and, in the course thereof, relying upon any information
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designated as confidential information, provided that the contents of the information must
not be disclosed.
20. 	This Order will be without prejudice to the right of any party to oppose
production of any information for lack of relevance or any other ground other than the mere
presence of confidential information. The existence of this Order must not be used by either
party as a basis for discovery that is otherwise improper under the Federal Rules of Civil
Procedure.
21. 	Nothing 	within 	this 	Order 	will 	be 	construed 	to 	prevent 	disclosure 	of
confidential information if such disclosure is required by law or by order of the Court.
22. 	Upon final termination of this action, including any and all appeals, counsel
for each party must, upon request of the producing party, return all confidential information
to the party that produced the information, including any copies, excerpts, and summaries
of that information, or must destroy same at the option of the receiving party, and must
purge all 	such 	information 	from all 	machine-readable media on 	which 	it 	resides.
Notwithstanding the foregoing, counsel for each party may retain all pleadings, briefs,
memoranda, motions, and other documents filed with the Court that refer to or incorporate
confidential information, and will continue to be bound by this Order with respect to all
such 	retained 	information. 	Further, 	attorney 	work 	product 	materials 	that 	contain
confidential information need not be destroyed, but, if they are not destroyed, the person
in possession of the attorney work product will continue to be bound by this Order with
respect to all such retained information.
23. 	The restrictions and obligations set forth within this Order will not apply to
any information that:
a. 	the parties agree should not be designated confidential information;
b. 	the parties agree, or the Court rules, is already public knowledge;
c. 	the parties agree, or the Court rules, has become public knowledge other
than as a result of disclosure by the receiving party, its employees, or its agents in
violation of this Order; or
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d. 	has come or will come into the receiving party’s legitimate knowledge
independently of the production by the designating party. Prior knowledge must be
established by pre-production documentation.
24. 	The restrictions and obligations within this Order will not be deemed to
prohibit discussions of any confidential information with anyone if that person already has
or obtains legitimate possession of that information.
25. 	Transmission 	by 	email 	or 	some 	other 	currently 	utilized 	method 	of
transmission is acceptable for all notification purposes within this Order.
26. 	This Order may be modified by agreement of the parties, subject to approval
by the Court.
27. 	The Court may modify the terms and conditions of this Order sua sponte in
the interests of justice or for public policy reasons. The parties prefer the Court provide
them with notice of the Court’s intent to modify the Order and the content of those
modifications, prior to entry of such an order.
28. 	Without separate court order, this Order and the parties’ stipulation do not
change, amend, or circumvent any court rule or local rule.
IT IS SO ORDERED.
Dated: January 8, 2026 	_____________________________________________
HON. MICHELLE M. PETTIT
United States Magistrate Judge
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, 	_______________________ 	(name), 	of 	_____________________________
(address), declare under penalty of perjury I have read in its entirety and understand the
Protective Order (“Order”) that was issued by the United States District Court for the
Southern District of California on ________________________ (date), in the case of
Corey Lavelle Green v. M. Lizarraga, et al., 3:22-cv-01175-DMS-MMP. I agree to comply
with and to be bound by all the terms of the Order, and I understand and acknowledge that
failure to so comply could expose me to sanctions and punishment in the nature of
contempt. I solemnly promise that I will not disclose in any manner any information or
item that is subject to the Order to any person or entity, except in strict compliance with
the provisions of the Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Southern District of California for the purpose of enforcing the terms of the Order, even if
such enforcement proceedings occur after termination of this action.
Date: ______________________________________
Printed name: _______________________________
Title: ______________________________________
Signature: __________________________________
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