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2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 TIM TEICHERT, PERSONAL Case No.: 8:23-cv-00180-FWS-JDE REPRESENTATIVE OF THE 13 ESTATE OF MINERVA STIPULATED PROTECTIVE TEICHERT, ORDER 14 Plaintiff, 15 vs. 16 THE CHURCH OF JESUS CHRIST 17 OF LATTER-DAY SAINTS, BRIGHAM YOUNG 18 UNIVERSITY, BRIGHAM YOUNG UNIVERSITY MUSEUM 19 OF ART, DESERET MANAGEMENT CORPORATION, 20 DESERET BOOK COMPANY and LATTER-DAY HOME LLC, 21 Defendants. 22 Based on the parties’ Stipulation (Dkt. 51) and for good cause shown, 23 the Court finds as orders as follows. 24 1. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 proprietary or private information for which special protection from public 27 disclosure and from use for any purpose other than pursuing this litigation 28 1 maybe warranted. Accordingly, the parties hereby stipulate to and petition the 2 Court to enter the following Stipulated Protective Order. The parties 3 acknowledge that this Order does not confer blanket protections on all 4 disclosures or responses to discovery and that the protection it affords from 5 public disclosure and use extends only to the limited information or items 6 that are entitled to confidential treatment under the applicable legal 7 principles. 8 2. GOOD CAUSE STATEMENT 9 This action is likely to involve trade secrets, customer and pricing lists 10 and other valuable research, development, commercial, financial, and/or 11 proprietary information for which special protection from public disclosure 12 and from use for any purpose other than prosecution of this action is 13 warranted. Such confidential and proprietary materials and information 14 consist of, among other things, confidential business or financial information, 15 information regarding confidential business practices, or other confidential 16 research, development, or commercial information (including information 17 implicating privacy rights of third parties), information otherwise generally 18 unavailable to the public, or which may be privileged or otherwise protected 19 from disclosure under state or federal statutes, court rules, case decisions, or 20 common law. Accordingly, to expedite the flow of information, to facilitate 21 the prompt resolution of disputes over confidentiality of discovery materials, 22 to adequately protect information the parties are entitled to keep confidential, 23 to ensure that the parties are permitted reasonable necessary uses of such 24 material in preparation for and in the conduct of trial, to address their 25 handling at the end of the litigation, and serve the ends of justice, a protective 26 order for such information is justified in this matter. It is the intent of the 27 parties that information will not be designated as confidential for tactical 28 1 reasons and that nothing be so designated without a good faith belief that it 2 has been maintained in a confidential, non-public manner, and there is good 3 cause why it should not be part of the public record of this case. 4 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 5 PROCEDURE 6 The parties further acknowledge, as set forth in Section 14.3, below, 7 that this Stipulated Protective Order does not entitle them to file confidential 8 information under seal; Local Civil Rule 79-5 sets forth the procedures that 9 must be followed and the standards that will be applied when a party seeks 10 permission from the court to file material under seal. There is a strong 11 presumption that the public has a right of access to judicial proceedings and 12 records in civil cases. In connection with non-dispositive motions, good 13 cause must be shown to support a filing under seal. See Kamakana v. City 14 and County of Honolulu,

(9th Cir. 2006), Phillips v. 15 Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon 16 v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated 17 protective orders require good cause showing), and a specific showing of 18 good cause or compelling reasons with proper evidentiary support and legal 19 justification, must be made with respect to Protected Material that a party 20 seeks to file under seal. The parties’ mere designation of Disclosure or 21 Discovery Material as CONFIDENTIAL does not— without the submission 22 of competent evidence by declaration, establishing that the material sought to 23 be filed under seal qualifies as confidential, privileged, or otherwise 24 protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or 26 trial, then compelling reasons, not only good cause, for the sealing must be 27 shown, and the relief sought shall be narrowly tailored to serve the specific 28 1 interest to be protected. See Pintos v. Pacific Creditors Ass’n.,

, 2 677-79 (9th Cir. 2010). For each item or type of information, document, or 3 thing sought to be filed or introduced under seal, the party seeking protection 4 must articulate compelling reasons, supported by specific facts and legal 5 justification, for the requested sealing order. Again, competent evidence 6 supporting the application to file documents under seal must be provided by 7 declaration. 8 Any document that is not confidential, privileged, or otherwise 9 protectable in its entirety will not be filed under seal if the confidential 10 portions can be redacted. If documents can be redacted, then a redacted 11 version for public viewing, omitting only the confidential, privileged, or 12 otherwise protectable portions of the document, shall be filed. Any 13 application that seeks to file documents under seal in their entirety should 14 include an explanation of why redaction is not feasible. 15 4. DEFINITIONS 16 4.1 Action: the above-captioned proceeding, Tim Teichert, Personal 17 Representative of the Estate of Minerva Teichert v. The Church of Jesus 18 Christ of Latter-day Saints, et al., United States District Court for the Central 19 District of California Case No. 8:23-cv-00180-FWS-JDE. 20 4.2 Challenging Party: a Party or Non-Party that challenges the 21 designation of information or items under this Order. 22 4.3 “CONFIDENTIAL” Information or Items: information 23 (regardless of how it is generated, stored or maintained) or tangible things 24 that qualify for protection under Federal Rule of Civil Procedure 26(c), and 25 as specified above in the Good Cause Statement. 26 4.4 Counsel: Outside Counsel for a Party to this Action and House 27 Counsel (as well as their support staff). 28 1 4.5 Designating Party: a Party or Non-Party that designates 2 information or items that it produces in disclosures or in responses to 3 discovery as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 4 ATTORNEYS’ EYES ONLY.” 5 4.6 Disclosure or Discovery Material: all items or information, 6 regardless of the medium or manner in which it is generated, stored, or 7 maintained (including, among other things, testimony, transcripts, and 8 tangible things), that are produced or generated in disclosures or responses to 9 discovery. 10 4.7 Expert: a person with specialized knowledge or experience in a 11 matter pertinent to the litigation who has been retained by a party or its 12 counsel to serve as an expert witness or as a consultant in this Action. 13 4.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 14 Information or Items: “Confidential Information or Items” that the 15 Designating Party reasonably believes contain highly sensitive private 16 material, including but not limited to non-public business or financial 17 information, the disclosure of which to another Party or Non-Party would 18 create a substantial risk of serious harm, including to the Designating Party’s 19 business, that could not be avoided by less restrictive means. 20 4.9 House Counsel: attorneys who are employees of a party to this 21 Action. House Counsel does not include Outside Counsel of Record or any 22 other Outside Counsel. 23 4.10 Non-Party: any natural person, partnership, corporation, 24 association or other legal entity not named as a Party to this action. 25 4.11 Outside Counsel of Record: attorneys who are not employees of 26 a party to this Action but are retained to represent a party to this Action and 27 have appeared in this Action on behalf of that party or are affiliated with a 28 1 law firm that has appeared on behalf of that party, and includes support staff. 2 4.12 Outside Counsel: attorneys who are not employees of a party to 3 this Action and who have not appeared in this Action, but are retained to 4 represent a party to this Action or are affiliated with a law firm that 5 represents a party to this Action, and includes support staff. Outside Counsel 6 shall also include Outside Counsel of Record. 7 4.13 Party: any party to this Action, including all of its officers, 8 directors, employees, consultants, retained experts, and Outside Counsel of 9 Record (and their support staffs). 10 4.14 Producing Party: a Party or Non-Party that produces Disclosure 11 or Discovery Material in this Action. 12 4.15 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing 14 exhibits or demonstrations, and organizing, storing, or retrieving data in any 15 form or medium) and their employees and subcontractors. 16 4.16 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL” or 18 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 19 4.17 Receiving Party: a Party that receives Disclosure or Discovery 20 Material from a Producing Party. 21 5. SCOPE 22 The protections conferred by this Stipulation and Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or 24 extracted from Protected Material; (2) all copies, excerpts, summaries, or 25 compilations of Protected Material; and (3) any testimony, conversations, or 26 presentations by Parties or their Counsel that might reveal Protected Material. 27 28 1 Any use of Protected Material at trial shall be governed by the orders 2 of the trial judge and other applicable authorities. This Order does not govern 3 the use of Protected Material at trial. 4 6. DURATION 5 Once a case proceeds to trial, information that was designated as 6 CONFIDENTIAL or maintained pursuant to this protective order used or 7 introduced as an exhibit at trial becomes public and will be presumptively 8 available to all members of the public, including the press, unless compelling 9 reasons supported by specific factual findings to proceed otherwise are made 10 to the trial judge in advance of the trial. See Kamakana,

-81 11 (distinguishing “good cause” showing for sealing documents produced in 12 discovery from “compelling reasons” standard when merits-related 13 documents are part of court record). Accordingly, the terms of this protective 14 order do not extend beyond the commencement of the trial. 15 7. DESIGNATING PROTECTED MATERIAL 16 7.1 Exercise of Restraint and Care in Designating Material for 17 Protection. Each Party or Non-Party that designates 18 information or items for protection under this Order must take care to limit 19 any such designation to specific material that qualifies under the appropriate 20 standards. The Designating Party must designate for protection only those 21 parts of material, documents, items or oral or written communications that 22 qualify so that other portions of the material, documents, items or 23 communications for which protection is not warranted are not swept 24 unjustifiably within the ambit of this Order. 25 Mass, indiscriminate or routinized designations are prohibited. 26 Designations that are shown to be clearly unjustified or that have been made 27 for an improper purpose (e.g., to unnecessarily encumber the case 28 1 development process or to impose unnecessary expenses and burdens on 2 other parties) may expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items 4 that it designated for protection do not qualify for protection, that 5 Designating Party must promptly notify all other Parties that it is 6 withdrawing the inapplicable designation. 7 7.2 Manner and Timing of Designations. Except as otherwise 8 provided in this Order, or as otherwise stipulated or ordered, Disclosure of 9 Discovery Material that qualifies for protection under this Order must be 10 clearly so designated before the material is disclosed or produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or 13 electronic documents, but excluding transcripts of depositions or other 14 pretrial or trial proceedings), that the Producing Party affix at a minimum, the 15 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 16 ATTORNEYS’ EYES ONLY”, to each page that contains protected material. 17 If only a portion of the material on a page qualifies for protection, the 18 Producing Party also must clearly identify the protected portion(s) (e.g., by 19 making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for 21 inspection need not designate them for protection until after the inspecting 22 Party has indicated which documents it would like copied and produced. 23 During the inspection and before the designation, all of the material made 24 available for inspection shall be deemed “CONFIDENTIAL.” After the 25 inspecting Party has identified the documents it wants copied and produced, 26 the Producing Party must determine which documents, or portions thereof, 27 qualify for protection under this Order. Then, before producing the specified 28 1 documents, the Producing Party must affix the “CONFIDENTIAL” or 2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to 3 each page that contains Protected Material. If only a portion of the material 4 on a page qualifies for protection, the Producing Party also must clearly 5 identify the protected portion(s) (e.g., by making appropriate markings in the 6 margins). 7 (b) depositions or other pretrial testimony shall be designated by 8 notice via email or in writing, sent to all Parties within ten (10) business days 9 after receiving a copy of the final transcript, and by directing the court 10 reporter that the appropriate confidentiality legend be affixed to the first page 11 of the original and all copies of the transcript containing any 12 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 13 EYES ONLY” material. Unless otherwise stated on the record, all 14 depositions and other pretrial testimony shall be deemed to be 15 “CONFIDENTIAL” until the expiration of the tenth business day after 16 counsel receives a copy of the transcript, after which time such deposition or 17 pretrial testimony shall be treated in accordance with its actual designation, if 18 any. The Parties may modify this procedure for any particular deposition, 19 through agreement on the record at such deposition, without further order of 20 the Court. 21 (c) for information produced in some form other than 22 documentary and for any other tangible items, that the Producing Party affix 23 in a prominent place on the exterior of the container or containers in which 24 the information is stored the legend “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or 26 portions of the information warrants protection, the Producing Party, to the 27 extent practicable, shall identify the protected portion(s). 28 1 7.3 Inadvertent Failures to Designate. If timely corrected, an 2 inadvertent failure to designate qualified information or items does not, 3 standing alone, waive the Designating Party’s right to secure protection under 4 this Order for such material. Upon timely correction of a designation, the 5 Receiving Party must make reasonable efforts to assure that the material is 6 treated in accordance with the provisions of this Order. 7 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 8.2 Meet and Confer. The Challenging Party shall initiate the 12 dispute resolution process under Local Rule 37-1 et seq. 13 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via 14 a joint stipulation pursuant to Local Rule 37-2. 15 8.4 The burden of persuasion in any such challenge proceeding shall be 16 on the Designating Party. Frivolous challenges, and those made for an 17 improper purpose (e.g., to harass or impose unnecessary expenses and 18 burdens on other parties) may expose the Challenging Party to sanctions. 19 Unless the Designating Party has waived or withdrawn the confidentiality 20 designation, all parties shall continue to afford the material in question the 21 level of protection to which it is entitled under the Producing Party’s 22 designation until the Court rules on the challenge. 23 24 9. ACCESS TO AND USE OF PROTECTED MATERIAL 25 9.1 Basic Principles. A Receiving Party may use Protected Material 26 that is disclosed or produced by another Party or by a Non-Party in 27 connection with this Action only for prosecuting, defending or attempting to 28 1 settle this Action. Such Protected Material may be disclosed only to the 2 categories of persons and under the conditions described in this Order. When 3 the Action has been terminated, a Receiving Party must comply with the 4 provisions of section 15 below (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party 6 at a location and in a secure manner that ensures that access is limited to the 7 persons authorized under this Order. 8 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating 10 Party, a Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel, as well as employees 13 of said Outside Counsel to whom it is reasonably necessary to disclose the 14 information for this Action; 15 (b) the officers, directors, and employees (including House 16 Counsel) of the Receiving Party to whom disclosure is reasonably necessary 17 for this Action; 18 (c) Experts (as defined in this Order) of the Receiving Party to 19 whom disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and 24 Professional Vendors to whom disclosure is reasonably necessary for this 25 Action and who have signed the “Acknowledgment and Agreement to Be 26 Bound” (Exhibit A); 27 28 1 (g) the author or recipient of a document containing the 2 information or a custodian or other person who otherwise possessed or knew 3 the information; 4 (h) during their depositions, witnesses, and attorneys for 5 witnesses, in the Action to whom disclosure is reasonably necessary 6 provided: (1) the deposing party requests that the witness sign the form 7 attached as Exhibit A hereto; and (2) they will not be permitted to keep any 8 confidential information unless they sign the “Acknowledgment and 9 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 10 Designating Party or ordered by the court. Pages of transcribed deposition 11 testimony or exhibits to depositions that reveal Protected Material may be 12 separately bound by the court reporter and may not be disclosed to anyone 13 except as permitted under this Stipulated Protective Order; and 14 (i) any mediators or settlement officers and their supporting 15 personnel, mutually agreed upon by any of the parties engaged in settlement 16 discussions. 17 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ 18 EYES ONLY” Information or Items. Unless otherwise ordered by the Court 19 or permitted in writing by the Designating Party, a Receiving Party may 20 disclose any information or item designated “HIGHLY CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY” only to: 22 (a) the Receiving Party’s Outside Counsel, such counsel’s 23 immediate paralegals and staff, and any copying or clerical litigation 24 support services working at the direction of such counsel, paralegals, 25 and staff; 26 (b) House Counsel of the Receiving Party to whom disclosure is 27 reasonably necessary for this Action; 28 1 (c) Experts (as defined in this Order) of the Receiving Party to 2 whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (d) the court and its personnel; 6 (e) court reporters and their staff; 7 (f) professional jury or trial consultants, mock jurors, and 8 Professional Vendors to whom disclosure is reasonably necessary for 9 this Action and who have signed the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the 12 information or a custodian or other person who otherwise possessed or 13 knew the information; 14 (h) during their depositions, witnesses, and attorneys for 15 witnesses, in the Action to whom disclosure is reasonably necessary 16 provided: (1) the deposing party requests that the witness sign the form 17 attached as Exhibit A hereto; and (2) they will not be permitted to keep 18 any confidential information unless they sign the “Acknowledgment 19 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by 20 the Designating Party or ordered by the court. Pages of transcribed 21 deposition testimony or exhibits to depositions that reveal Protected 22 Material may be separately bound by the court reporter and may not be 23 disclosed to anyone except as permitted under this Stipulated 24 Protective Order; and 25 (i) any mediators or settlement officers and their supporting 26 personnel, mutually agreed upon by any of the parties engaged in 27 settlement discussions 28 1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other 4 litigation that compels disclosure of any information or items designated in 5 this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY” that Party must: 7 (a) promptly notify in writing the Designating Party. Such 8 notification shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the 10 subpoena or order to issue in the other litigation that some or all of the 11 material covered by the subpoena or order is subject to this Protective Order. 12 Such notification shall include a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to 14 be pursued by the Designating Party whose Protected Material may be 15 affected. If the Designating Party timely seeks a protective order, the Party 16 served with the subpoena or court order shall not produce any information 17 designated in this action as “CONFIDENTIAL” or “HIGHLY 18 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination 19 by the court from which the subpoena or order issued, unless the Party has 20 obtained the Designating Party’s permission. The Designating Party shall 21 bear the burden and expense of seeking protection in that court of its 22 confidential material and nothing in these provisions should be construed as 23 authorizing or encouraging a Receiving Party in this Action to disobey a 24 lawful directive from another court. 25 / / / 26 / / / 27 / / / 28 1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 2 BE PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information 4 produced by a Non-Party in this Action and designated as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 6 EYES ONLY.” Such information produced by Non-Parties in connection 7 with this litigation is protected by the remedies and relief provided by this 8 Order. Nothing in these provisions should be construed as prohibiting a Non- 9 Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery 11 request, to produce a Non-Party’s confidential information in its possession, 12 and the Party is subject to an agreement with the Non-Party not to produce 13 the Non-Party’s confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non- 15 Party that some or all of the information requested is subject to a 16 confidentiality agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the 18 Stipulated Protective Order in this Action, the relevant discovery request(s), 19 and a reasonably specific description of the information requested; and 20 (3) make the information requested available for inspection by 21 the Non-Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this 23 court within 14 days of receiving the notice and accompanying information, 24 the Receiving Party may produce the Non-Party’s confidential information 25 responsive to the discovery request. If the Non-Party timely seeks a 26 protective order, the Receiving Party shall not produce any information in its 27 possession or control that is subject to the confidentiality agreement with the 28 1 Non-Party before a determination by the court. Absent a court order to the 2 contrary, the Non-Party shall bear the burden and expense of seeking 3 protection in this court of its Protected Material. 4 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 5 MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has 7 disclosed Protected Material to any person or in any circumstance not 8 authorized under this Stipulated Protective Order, the Receiving Party must 9 immediately (a) notify in writing the Designating Party of the unauthorized 10 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 11 Protected Material, (c) inform the person or persons to whom unauthorized 12 disclosures were made of all the terms of this Order, and (d) request such 13 person or persons to execute the “Acknowledgment an Agreement to Be 14 Bound” attached hereto as Exhibit A. 15 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 16 OTHERWISE PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other 19 protection, the obligations of the Receiving Parties are those set forth in 20 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 21 modify whatever procedure may be established in an e-discovery order that 22 provides for production without prior privilege review. Pursuant to Federal 23 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 24 the effect of disclosure of a communication or information covered by the 25 attorney-client privilege or work product protection, the parties may 26 incorporate their agreement in the stipulated protective order submitted to the 27 court. 28 1 14. MISCELLANEOUS 2 14.1 Right to Further Relief. Nothing in this Order abridges the right 3 of any person to seek its modification by the Court in the future. 4 14.2 Right to Assert Other Objections. By stipulating to the entry of 5 this Protective Order, no Party waives any right it otherwise would have to 6 object to disclosing or producing any information or item on any ground not 7 addressed in this Stipulated Protective Order. Similarly, no Party waives any 8 right to object on any ground to use in evidence of any of the material 9 covered by this Protective Order. 10 14.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Local Civil Rule 79-5. Protected 12 Material may only be filed under seal pursuant to a court order authorizing 13 the sealing of the specific Protected Material. If a Party’s request to file 14 Protected Material under seal is denied by the court, then the Receiving Party 15 may file the information in the public record unless otherwise instructed by 16 the court. 17 15. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 6, 19 within 60 days of a written request by the Designating Party, each Receiving 20 Party must return all Protected Material to the Producing Party or destroy 21 such material. As used in this subdivision, “all Protected Material” includes 22 all copies, abstracts, compilations, summaries, and any other format 23 reproducing or capturing any of the Protected Material. Whether the 24 Protected Material is returned or destroyed, the Receiving Party must submit 25 a written certification to the Producing Party (and, if not the same person or 26 entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 27 category, where appropriate) all the Protected Material that was returned or 28 destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing capturing any of the Protected Material. Notwithstanding this provision, 5 Counsel are entitled to retain an archival copy of all pleadings, motion

6 || Papers, trial, deposition, and hearing transcripts, legal memoranda, 4 correspondence, deposition and trial exhibits, expert reports, attorney work

product, and consultant and expert work product, even if such materials

9 contain Protected Material. Any such archival copies that contain or

10 constitute Protected Material remain subject to this Protective Order as set

forth in Section 6 (DURATION). 16. VIOLATION

3 Any violation of this Order may be punished by appropriate measures

4 including, without limitation, contempt proceedings and/or monetary 5 sanctions. FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 ig DATED: 09/14/2023 Vf whine eg 21 nited States Magistrate Judge 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I have 5 read in its entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Central District of California on September 14, 2023, in 7 the case of Tim Teichert, Personal Representative of the Estate of Minerva Teichert v. The 8 Church of Jesus Christ of Latter-day Saints, et al. (Case No. 8:23-cv-00180-FWS-JDE). I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective Order and 10 I understand and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22

23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26

27 Signature: __________________________________ 28