Bio - Magistrate Judge Steve Kim; SK - Standing Order on Civil Discovery (updated May 2025); SK - Supplemental LR 37-1 Certification of Counsel (PDF); SK - ESI Conference Checklist; SK - Stipulated Protective Order 12.10.2024 Update (PDF); SK - Hyperlinking Attorneys in Microsoft Word; SK - Civil Un

=== Bio - Magistrate Judge Steve Kim ===

Since his appointment to the bench in 2016, Judge Kim has routinely presided over many civil cases under the district’s voluntary consent and direct assignment programs. He has conducted several bench and jury trials involving federal misdemeanors, trademark and copyright disputes, civil rights statutes like the ADA and 42 U.S.C. § 1983, and tort cases by removal or under the FTCA. As the presiding judge for all purposes, he has also decided numerous dispositive and trial motions as well, including in class actions of all types, tax controversies, product liability suits, Title VII employment disputes, and many others. Judge Kim maintains a busy ADR calendar too, with a higher than 75 percent success rate as a neutral judicial settlement officer. And drawing on his experience in digital risk management consulting, Judge Kim regularly resolves complex discovery disputes involving computer forensic examinations, source code reviews, data spoliation, and ESI workflows. Judge Kim is active in court governance and bench-bar organizations. He is a longstanding member (and former chair) of the Ninth Circuit’s information technology committee and a member of the Ninth Circuit’s judicial security committee. He has served on the board of governors and judicial advisory council for the Association of Business Trial Lawyers (Los Angeles), as well as on the executive committee for the litigation section of the Los Angeles County Bar Association. He is also a sustaining member on the judicial council for NAPABA and volunteers in working groups for the Sedona Conference. In 2021, he was elected to lifetime membership in the American Law Institute. Before taking the bench, Judge Kim Judge worked in both public and private sectors. He was a civil litigator at Munger, Tolles & Olson, LLP and a criminal prosecutor handling trials and appeals in the Los Angeles United States Attorney’s Office. Afterward, he was a managing director for Stroz Friedberg, LLC, specializing in law and technology matters. Judge Kim also clerked for Judge Stephen V. Wilson on the same court in the Central District of California where he now serves and for Judge Sidney R. Thomas on the U.S. Court of Appeals for the Ninth Circuit. He received his B.A., with special distinction, from the University of Oklahoma, where he was the Carl Albert Award recipient for the most distinguished graduate in the college of arts and sciences. He earned his J.D., magna cum laude, from Georgetown University Law Center, where he was an editor of the Georgetown Law Journal and inducted to the order of the coif. Judge Kim keeps chambers in Los Angeles.

=== SK - Standing Order on Civil Discovery (updated May 2025) ===

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , Plaintiff(s), v. Defendant(s). CASE NO. ____________ (SK) STANDING ORDER ON CIVIL DISCOVERY The following order shall apply in all cases where the undersigned Magistrate Judge is presiding pursuant to the parties’ consent under 28 U.S.C. § 636 and those cases in which the assigned District Judge has referred discovery matters to the undersigned Magistrate Judge. Nothing in this order is intended to displace or alter any contrary order by the assigned District Judge (if there is one), nor does this order change the parties’ obligations under the Federal and Local Rules, except as otherwise expressly stated in this order. 1. Familiarity with FRCP Revisions. The parties shall be familiar with the most current revisions to the Federal Rules of Civil Procedure, including the major December 2015 revisions (and accompanying advisory committee notes) that affect civil discovery practice. The parties shall not cite to cases that rely on language, principles, or holdings derived from the pre-December 2015 versions of the Federal Rules of Civil Procedure that are inconsistent with the text and purposes of the December 2015 revisions. 2. Conferences of Counsel. In accordance with Local Rule 37-1, if opposing “counsel are located in the same county,” the mandatory pre- filing conference of counsel “must take place in person at the office of the moving party’s counsel unless the parties agree to meet someplace else.” But if opposing “counsel are not located in the same county,” the conference must still be done by at least video (e.g., Zoom, Teams). Conference by telephone alone may be done only if videoconference is technologically infeasible (a vanishingly uncommon situation). In no circumstances will exchanges of solely written electronic communications (via email, text, or the like) satisfy the pre-filing conference requirement; they may only supplement—but cannot substitute for—the mandatory in-person, video, or telephonic conference of counsel.1 3. Rule 26(f) Discovery Planning. Creating a meaningful discovery plan during the Rule 26(f) conference became mandatory in 1993—nearly three decades ago. See 1993 Adv. Comm. Notes to Fed. R. Civ. P. 26(f). Any doubt that the Federal Rules require a substantive—not pro forma—discovery planning conference was eliminated in 2015 when “Rule 1 [was] amended to emphasize that just as the court should construe and administer these rules to secure the just, speedy, and inexpensive determination of every action, so the parties share the responsibility to employ the rules in the same way.” 2015 Adv. Comm. Notes to Fed. R. Civ. P. 1. The purpose of a substantive discovery conference is to rebalance information asymmetry between parties. Plaintiffs and defendants alike, 1 See generally Roghanizad & Bohns, Should I Ask Over Zoom, Phone, Email, or In-Person? Communication Channel and Predicted Versus Actual Compliance (2021). 2 after all, start a case “without a full appreciation” of the facts or without “information about the importance of the discovery in resolving the issues.” 2015 Adv. Comm. Notes to Fed. R. Civ. P. 26(b)(1). That is why “these uncertainties should be addressed and reduced in the parties’ Rule 26(f) conference.” Id. That is also why parties have been urged since December 2020 to discuss Rule 30(b)(6) witnesses and topics in advance during the Rule 26(f) conference. See 2020 Adv. Comm. Notes to Fed. R. Civ. P. 30(b)(6). Such early discussions are rarely wasteful since Rule 30, as amended in 2020, requires parties to convene a separate conference anyway before noticing any Rule 30(b)(6) depositions. The purpose of that conference is to have “[c]andid exchanges” and “good faith” discussions about the “organization’s information structure,” the “number of witnesses and the matters on which each witness will testify,” and “any other issue that might facilitate the efficiency and productivity of the deposition.” 2020 Adv. Comm. Notes to Fed. R. Civ. P. 30(b)(6). Since that “process of conferring” is intended to “be iterative,” id., there is little to lose by starting those discussions sooner than later during the Rule 26(f) discovery planning conference. Therefore, written discovery plans that simply restate— usually in a handful of paragraphs—the non-exhaustive topics enumerated in subsections (f)(3)(A) through (F) in Rule 26 with a perfunctory affirmation or pro forma response (e.g., “the parties intend to propound document requests and notice depositions on subjects relevant to the parties’ claims or defenses”) will not suffice and may be grounds for striking any discovery motion that could or should have been avoided with a substantive discovery planning conference. 3 4. Informal Discovery Before Formal Discovery. Resorting to formal discovery methods to conduct “discovery about discovery” is wasteful pretrial activity. That is why, for instance, the amended Federal Rules now encourage early Rule 34 document requests. See Fed. R. Civ. P. 26(d)(2) (2015). “This relaxation of the discovery moratorium [before the Rule 16 pretrial conference was] designed to facilitate focused discussion during the Rule 26(f) conference.” 2015 Adv. Comm. Notes to Fed. R. Civ. P. 26(b)(1). In truth, early informal discovery has long been the rule, not the exception. See, e.g., 1993 Adv. Comm. Notes to Fed. R. Civ. P. 26(f) (“The parties should also discuss at the meeting what additional information, although not subject to the [initial] disclosure requirements, can be made available informally without the necessity for formal discovery requests.”). Engagement in informal discovery is especially important for electronically stored information (ESI).2 When parties “anticipate disclosure or discovery of electronically stored information, discussion at the outset may avoid later difficulties or ease their resolution.” 2006 Adv. Comm. Notes to Rule 26(f). That is why Rule 26(f) was amended in 2006 “to direct the parties to discuss discovery of electronically stored information during their discovery-planning conference.” Id. That conference is the place to agree on the “specific topics” and “time period for which [ESI] discovery will be sought.” Id. It is when parties should “identify the various sources of such [electronically stored] information within a party’s control that should be searched.” Id. And it is the time to 2 As in most states, California requires that attorneys licensed in the state maintain competence in technology. See Rule 1.1 of Cal. R. Prof. Conduct (eff. Mar. 22, 2021). “The duties set forth in [Rule 1.1] include the duty to keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology.” Id., Cmt 1. 4 “discuss whether the information is reasonably accessible to the party that has it, including the burden or cost of retrieving and reviewing the information.” Id. But to do any of these things naturally requires an understanding “of the parties’ information systems.” Id. Modern information systems or resources now extend well beyond just basic email and word processing programs. See, e.g., The Sedona Conference Database Principles: Addressing the Preservation and Production of Databases and Database Information on Civil Litigation (2014); Craig Ball, Luddite Litigator’s Guide to Databases in E-Discovery; Dan Regard, Fact Crashing (2022). So it is vitally “important for counsel to become familiar with those systems before the [discovery] conference.” 2006 Adv. Comm. Notes to Rule 26(f) (emphasis added). And that may require “identification of, and early discovery from, individuals with special knowledge of a party’s computer systems.” Id. (emphasis added).3 Otherwise, “[f]raming intelligent requests for electronically stored information” is exceedingly hard to do absent “detailed information about another party’s information systems and other information resources.” 2006 Adv. Comm. Notes to Rule 26(f). 5. Phased or Sequenced Discovery. Contrary perhaps to conventional practices and customs, discovery methods can be used in phases or helpful sequences—especially if any party resists providing informal discovery about uncontroversial or indisputable predicate facts needed to propound proportionate discovery requests most relevant to the parties’ claims or defenses. See Fed. R. Civ. P. 26(d)(3)(A); see also Fed. R. 3 The Court has a very basic ESI Conference Checklist available for download on its Procedures and Schedules webpage. Other more current or detailed resources, however, are plentifully available to practitioners today. See, e.g., 1 Arkfeld's Best Practices Guide for Legal Holds (2022), Appendix C Information Technology Discovery Questions. 5 Civ. P. 26(f)(3)(B) (contemplating discovery “in phases” and “limited to or focused on particular issues”). Early, abbreviated, and focused Rule 30(b)(6) depositions, for instance, of persons most knowledgeable on limited predicate topics (e.g., organizational structure, policies and procedures, ESI sources) may lay the necessary foundations for—and avoid needless disputes about the scope of—other substantive written discovery requests. Dragnet-style document requests and interrogatories, in other words, need not always be the discovery tools of first choice. 6. Scope of Discovery. If the parties have a dispute on the scope of discovery, they shall include in their meet-and-confer discussions the relevance and proportionality factors set forth in Rule 26(b)(1), as amended in December 2015. Relevance in discovery is broader than how relevance is defined in Federal Rule of Evidence 401, but parties may no longer assert relevant discovery includes any matter relating to “any issue that is or may be in the case,” or that discovery is relevant so long as it relates to the subject matter of the action. Relevance in discovery means it must relate to the legal elements of the parties’ “claims or defenses,” and even then, relevant information may be produced only if it is proportional to the needs of the case considering the proportionality factors. 7. Document Requests and Responses. Requests for production of documents must be drafted with reasonable particularity and responses to those requests must not rely on general or boilerplate objections. See Fed. R. Civ. P. 34(b)(1)(A), (b)(2)(B)-(C); see also The Sedona Conference Primer on Crafting eDiscovery Requests with “Reasonable Particularity” (2022); The Sedona Conference Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests (2018). After all, document requests for “all communications” or “all documents” 6 that “refer or relate” to broad topics are certain to draw objections and present intractable enforceability problems.4 So too are document requests with no reasonable and logical timeframe limits.5 Likewise, responses to document requests that contain general or boilerplate objections and also fail to specify whether responsive documents are being withheld based on a specific stated objection violate amended Rule 34(b)(2). See 2015 Adv. Comm. Notes to Fed. R. Civ. P. 34.6 That misguided and misleading approach—“when a producing party states several objections and still produces information, leaving the requesting party uncertain whether any relevant and responsive information has been withheld on the basis of the objections”—generates only “confusion” and leads to the very discovery squabbles and spats that the 2015 amendments to Rule 34 were intended to “end.” Id. Finally, it is also improper for responding parties to use the concept of “disproportionality” as a synonym for boilerplate objections like irrelevance, overbreadth, undue burden, and the like. Discovery may be proportional to the needs of a case even if producing it may be burdensome, time-consuming, and costly; and conversely, discovery that is not unduly burdensome to produce does not mean it is necessarily proportional to the needs of the case. 4 See, e.g., Regan-Touhy v. Walgreen Co., 526 F.3d 641, 649 (10th Cir. 2008); In re Milo’s Kitchen Dog Treats Consol. Cases, 307 F.R.D. 177, 179–80 (W.D. Pa. 2015); Lopez v. Don Herring Ltd., 327 F.R.D. 567, 575 (N.D. Tex. 2018). 5 Compare, e.g., Guerra v. Balfour Beatty Communities, LLC, 2015 WL 13794439, at *6-7 (W.D. Tex. Nov. 19, 2015); Locke v. Swift Transp. Co. of Ariz. LLC, 2019 WL 430930, at *1 (W.D. Ky. Feb. 4, 2019). 6 Accord Katz v. Shell Energy N. Am. (US), LP, 566 F. Supp. 3d 104, 107 (D. Mass. 2021); Infanzon v. Allstate Ins. Co., 335 F.R.D. 305, 311 (C.D. Cal. 2020); Smash Tech., LLC v. Smash Sols., LLC, 335 F.R.D. 438, 446 (D. Utah 2020); Lopez v. Don Herring Ltd., 327 F.R.D. 567, 580 (N.D. Tex. 2018); Ceuric v. Tier One, LLC, 325 F.R.D. 558, 561 (W.D. Pa. 2018); Liguria Foods, Inc. v. Griffith Lab'ys, Inc., 320 F.R.D. 168, 186 (N.D. Iowa 2017). 7 8. Document Productions. Production of documents—and associated privilege logs—“must be completed either by the time for inspection specified in the request or by another reasonable time specifically identified in the response.” 2015 Adv. Comm. Note to Fed. R. Civ. P. 34(b)(2)(B). “When it is necessary to make the production in stages the response should specify the beginning and end dates of the production.” Id.7 Of course, the parties are expected to communicate and cooperate about deadlines: requesting parties may not unreasonably refuse to extend deadlines for rolling productions or short uncontrollable delays, nor may responding parties seek extensions for purposes of tactical delay or to cover for lack of diligence. 9. Rule 33(d) Business Records. Rule 33(d) provides the “option to produce business records”—instead of a substantive response to an interrogatory—but only if the answer is best derived from “examining, auditing, compiling, abstracting, or summarizing” business records and the burden of deriving that answer is “substantially the same for either party.” Fed. R. Civ. P. 33(d). The rule then specifies the form of the response that must be given if those conditions are met so that the “interrogating party” can “locate and identify” the pertinent business records “as readily as the responding party could.” Fed. R. Civ. P. 33(d)(1). And last, it describes the procedure for the “interrogating party” to “examine and audit” the pertinent business records and then to make “copies, compilations, abstracts, or summaries.” Fed. R. Civ. P. 33(d)(2). None of these things, 7 Accord Evox Prods. v. Kayak Software Corp., 2016 WL 10586303, at *4 (C.D. Cal. June 14, 2016) (responses that do “not specify the date for completion of [] production” violate amended Rule 34); Fischer v. Forrest, 2017 WL 773694, at *3 (S.D.N.Y. Feb. 28, 2017) (“[R]esponses [that] do not indicate when documents and ESI that defendants are producing will be produced” violate amended Rule 34). 8 separately or collectively, permits an interrogatory response that merely cross-references a parallel production of documents. 10. Rule 26(e) Duty to Supplement. The duty to supplement discovery responses or document productions under Rule 26(e) is no safe harbor to responding parties for belated responses or productions that they could or should have made sooner with due diligence and reasonable inquiry. See In re Delta/AirTran Baggage Fee Antitrust Litig., 846 F. Supp. 2d 1335, 1357-58 (N.D. Ga. 2012); Fed. R. Civ. P. 26(g)(1). Rule 26(e), in other words, imposes an obligation to supplement prior document productions when new information is found that could not have reasonably been discovered before—it is not a license to produce documents whenever they may happen to be found so long as it happens to be before the fact discovery cutoff. There is no such “discovery is ongoing” escape hatch to excuse unjustified and unnoticed late or last-minute productions or responses. Any responsive documents or discovery responses produced late without good reason for why they were not disclosed sooner may subject the responding party to sanctions under Rules 37(b)(2)(A) and (C). See also Fed. R. Civ. P. 37(c)(1); Fed. R. Civ. P. 26(g)(3). 11. Discovery Cutoff. The parties act at their own peril if they agree to “pause” discovery while awaiting decision on a motion or engaging in settlement discussions. Without a court order, the parties cannot expect to enforce any side agreements—even bilateral ones—about staying discovery (in favor of settlement talks or otherwise) if a dispute later arises requiring court intervention before the discovery cutoff. See Fed. R. Civ. P. 16(b)(4); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992); see also Williams v. James River Grp. Inc., 627 F. Supp. 3d 1172, 1178 (D. Nev. 2022) (“The governing rules” of discovery are aimed at “explicitly 9 disabusing attorneys of any notion that stipulations regarding case management deadlines are effective without judicial approval.”). For that and related reasons, ex parte applications to shorten time for hearing on a motion to compel because of an impending discovery cutoff deadline ordered by the assigned district judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised sufficiently in advance of the discovery cutoff date so as to allow not only decision on the motion but time to complete any discovery ordered on that motion before the cutoff. If no such diligence and cause can be shown, the parties must seek and obtain relief from the district judge’s scheduling order first before filing a motion to compel on the eve of a discovery cutoff. 12. Reciprocal Discovery. Whether, when, and to what extent one side reciprocates on its discovery obligations is never substantial justification for the other side to delay, manipulate, or withhold discovery of its own. See Fed. R. Civ. P. 26(d)(3)(B) (“[D]iscovery by one party does not require any other party to delay its discovery.”); Infanzon v. Allstate Ins. Co., 335 F.R.D. 305, 312 (C.D. Cal. 2020) (collecting many cases holding same by application of Rule 26(d)(3 ; accord Liguria Foods, Inc. v. Griffith Labs., Inc., 320 F.R.D. 168, 186 (N.D. Iowa 2017) (“Rule 26(d)(3) also makes clear that . . . a party cannot delay responding to discovery simply because the other party has not yet responded to its discovery.”); Fresenius Med. Care Holding Inc. v. Baxter Int’l, Inc., 224 F.R.D. 644, 653 (N.D. Cal. 2004) (party may not “condition its compliance with its discovery obligations on receiving discovery from its opponent.”); Pulsecard, Inc. v. Discover Card Servs., Inc., 168 F.R.D. 295, 308 (D. Kan. 1996) (“A party may not withhold discovery solely because it has not 10 obtained to its satisfaction other discovery.”). That consequence naturally follows from the rule that, unless otherwise stipulated or ordered, “methods of discovery may be used in any sequence.” Fed. R. Civ. P. 26(d)(3)(A). Simply put, “discovery is not conducted on a ‘tit-for-tat’ basis.” Nat’l Acad. of Recording Arts & Scis., Inc. v. On Point Events, LP, 256 F.R.D. 678, 680 (C.D. Cal. 2009). So counsel should need no reminding that “wrongful conduct by one party, perceived or real, does not justify wrongful conduct by the other party and is not a defense.” MGA Entm’t, Inc. v. Nat'l Prod. Ltd., 2012 WL 12883974, at *6 n.5 (C.D. Cal. Jan. 19, 2012). “If the opposing party is recalcitrant in responding to discovery requests, the rules provide a mechanism for compelling responses and/or imposing sanctions. The rules do not authorize one party to withhold discoverable material in retaliation for the opposing party’s withholding of discoverable material.” Lumbermens Mut. Cas. Ins. Co. v. Maffei, 2006 WL 2709835, *5 n.21 (D. Alaska Sept. 20, 2006). 13. Rule of Evidence 502. In any discovery dispute about waiver of attorney-client privilege or work product protection, especially with respect to ESI, the parties’ failure to have obtained a non-waiver agreement under Fed. R. Evid. 502(e) or a non-waiver order under Fed. R. Evid. 502(d) can and will be considered as a factor in deciding whether a privilege or protection has been waived. 14. ESI Spoliation. Parties moving for sanctions based on failure to preserve ESI shall be familiar with and seek relief only as permitted by amended Rule 37(e). Sanctions cases decided before the December 2015 amendments to Rule 37(e) should be used cautiously considering the changes to the rule. 11 15. Sanctions. Failure to comply with this order may result in discovery sanctions, including payment by the non-compliant party and/or its counsel of the opposing party’s reasonable costs or attorney’s fees (or its equivalent) incurred because of the noncompliance. IT IS SO ORDERED. UPDATED: May 15, 2025 /s/ HON. STEVE KIM United States Magistrate Judge 12

=== SK - Supplemental LR 37-1 Certification of Counsel (PDF) ===

SUPPLEMENTAL CERTIFICATION OF COUNSEL [Must be attached to any notice of motion brought under L.R. 37-2] In accordance with Judge Kim’s Standing Order on Civil Discovery (Standing Order), the parties (or nonparties as applicable) and their counsel held their pre-filing conference(s) of counsel required by L.R. 37-1 before filing the discovery motion to which this Supplemental Certification of Counsel is attached. 1. The pre-filing conference(s) of counsel took place ☐in person ☐by video ☐via telephone (because videoconference was technologically infeasible) on Click or tap to enter a date. for hour(s). [If applicable] Additional conference(s) took place again ☐in person ☐by video ☐via telephone on Click or tap to enter a date. for hours; and again ☐in person ☐by video ☐via telephone on Click or tap to enter a date. for hour(s). 2. During the pre-filing conference, counsel discussed in conjunction with the merits of their discovery dispute(s) whether use of the following discovery practices or procedures [check all that apply] could eliminate or narrow the disputed issue(s): ☐ A supplemental Rule 26(f) discovery planning conference and/or an updated substantive discovery plan, to include a conference of counsel about witnesses and topics for Rule 30(b)(6) depositions. See Standing Order ¶ 3. ☐ Use of early informal discovery to facilitate and streamline later formal discovery, including over issues about preservation, collection, processing, review, and production of electronically stored information. See Standing Order ¶ 4. ☐ Use of formal or informal discovery methods in strategic sequences or in phases (with or without leave of court), including early limited Rule 30(b)(6) depositions, to learn predicate facts essential for later substantive discovery requests tailored to the parties’ claims or defenses. See Standing Order ¶ 5. ☐ Use of jury instructions and proportionality factors listed in Rule 26(b)(1) to assess what is relevant to proving—element by element—a party’s claim or defense (not just the subject matter of the case or broad topics like liability or damages) and whether, even if relevant, the disputed discovery is proportionate to the needs of the case given the balance of the proportionality factors. See Standing Order ¶ 6. ☐ Amendment (formal or informal) of document requests so that it can be understood what is being sought with reasonable particularity and/or amendment (formal or informal) of responses to document requests so that general or boilerplate objections are removed and it is clear what responsive documents are being withheld based on a specific objection. See Standing Order ¶ 7. 1 Last revised: May 2025 ☐ Setting reasonable—but certain—deadlines or timetables for production of documents and associated privilege logs. See Standing Order ¶ 8. 3. On behalf of their respective client(s), each counsel of record (by its representative signature below) CERTIFIES—in accordance with Rule 26(g) and their professional obligations and ethical duties—that the remaining disputed issue(s) detailed in the attached discovery motion could not be further narrowed or eliminated even after studying the Standing Order, consulting the text and advisory committee notes for the most current applicable federal rules of discovery, and discussing the relevant matters checked above in section 2. Each counsel of record (by its representative signature below) also ACKNOWLEDGES that failure to comply with the Standing Order, the applicable federal or local rules of discovery, and any other prior discovery order may lead to sanctions against the noncompliant (non)parties and their respective counsel of record. SO CERTIFIED AND ACKNOWLEDGED. Counsel for Plaintiff(s) ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Counsel for Defendant(s) ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Signature Dated:Click or tap to enter a date. ___________________________ Signature Dated:Click or tap to enter a date. Counsel for Click or tap here to enter text. ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Counsel for Click or tap here to enter text. ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Signature Dated:Click or tap to enter a date. ___________________________ Signature Dated:Click or tap to enter a date. Last revised: May 2025 2

=== SK - ESI Conference Checklist ===

CHECKLIST FOR CONFERENCE OF COUNSEL REGARDING ELECTRONICALLY STORED INFORMATION Preservation   The ranges of creation or receipt dates for any ESI to be preserved. The description of data from sources that are not reasonably accessible and that will not be reviewed for responsiveness or produced, but that will be preserved pursuant to Federal Rule of Civil Procedure 26(b)(2)(B).  The description of data from sources that (a) the party believes could contain relevant information but (b) has determined, under the proportionality factors, is not discoverable and should not be preserved.  Whether to continue any interdiction of any document destruction program, such as ongoing erasures of e-mails, voicemails, and other electronically-recorded material.  The names and/or general job titles or descriptions of custodians for whom ESI will be preserved (e.g., “HR head,” “scientist,” “marketing manager,” etc.).   The number of custodians for whom ESI will be preserved. The list of systems, if any, that contain ESI not associated with individual custodians and that will be preserved, such as enterprise databases.  Any disputes related to scope or manner of preservation. ESI PMK  Location and Types of Systems The identity of each party’s e-discovery Person(s) Most Knowledgeable.  Identification of systems from which discovery will be prioritized (e.g., email, finance, HR systems).    Description of systems in which potentially discoverable information is stored. Location of systems in which potentially discoverable information is stored.  How potentially discoverable information is stored. How discoverable information can be collected from systems and media in which it is stored. Last revised: February 2018 1 Proportionality and Costs   The amount and nature of the claims being made by either party. The nature and scope of burdens associated with the proposed preservation and discovery of ESI.   The likely benefit of the proposed discovery. Costs that the parties will share to reduce overall discovery expenses, such as the use of a common electronic discovery vendor or a shared document repository, or other cost-saving measures.   Limits on the scope of preservation or other cost-saving measures. Whether there is relevant ESI that will not be preserved pursuant to Fed. R. Civ. P. Search 26(b)(1), requiring discovery to be proportionate to the needs of the case.  The search method(s), including specific words or phrases or other methodology, that will be used to identify discoverable ESI and filter out ESI that is not subject to discovery.  The quality control method(s) the producing party will use to evaluate whether a production is missing relevant ESI or contains substantial amounts of irrelevant ESI. Phased Discovery   Whether it is appropriate to conduct discovery of ESI in phases. Sources of ESI most likely to contain discoverable information and that will be included in the first phases of Fed. R. Civ. P. 34 document discovery.  Sources of ESI less likely to contain discoverable information from which discovery will be postponed or avoided.  Custodians (by name or role) most likely to have discoverable information and whose ESI will be included in the first phases of document discovery.  Custodians (by name or role) less likely to have discoverable information and from whom discovery of ESI will be postponed or avoided.  The period during which discoverable information was most likely to have been created or received. Last revised: February 2018 2 Form of Production   The formats in which structured ESI (database, collaboration sites, etc.) will be produced. The formats in which unstructured ESI (email, presentations, word processing, etc.) will be produced.  The extent, if any, to which metadata will be produced and the fields of metadata to be produced.  The production format(s) that ensure(s) that any inherent searchablility of ESI is not degraded when produced. Privilege Issues  How any production of privileged or work product protected information will be handled.  Whether the parties can agree upon alternative ways to identify documents withheld on the grounds of privilege or work product to reduce the burdens and cost of such identification.  Whether the parties will enter a Fed. R. Evid. 502(d) Stipulation and Order, or a Fed. R. Evid. 502(e) Agreement, that addresses inadvertent or agreed production. Last revised: February 2018 3

=== SK - Stipulated Protective Order 12.10.2024 Update (PDF) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. STIPULATED PROTECTIVE ORDER Plaintiff, v. Defendant. 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3 (Filing Protected Material), below, that this Stipulated Protective 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. B. GOOD CAUSE STATEMENT [*The “Good Cause Statement” should be edited to include or exclude specific information that applies to the particular case, i.e., what harm will result from the disclosure of the confidential information likely to be produced in this case? Below is an example]: This action is likely to involve trade secrets, customer and pricing lists, and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. 2. DEFINITIONS 2.1 Action: [this pending federal law suit]. [*Option: consolidated or related actions.] 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action. 2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, including support staff. 2.11 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. DURATION [ONE POSSIBLE PARAGRAPH] Once a case proceeds to trial, all of the information that was designated as confidential or maintained pursuant to this protective order becomes public and will be presumptively available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record). Accordingly, the terms of this protective order do not extend beyond the commencement of the trial. [ALTERNATIVE POSSIBLE PARAGRAPH] Even after final disposition of this litigation, as defined in Section 13 (FINAL DISPOSITION), the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party identify the Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony. (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 Meet and Confer. The Challenging Party Shall initiate the dispute resolution process under Civil Local Rule 37-1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties), may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this Action only for prosecuting, defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the Action has been terminated, a Receiving Party must comply with the provisions of Section 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the Court and its personnel; (e) court reporters and their staff; (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material, and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and (3) make the information requested available for inspection by the Non- Party, if requested. (c) If the Non-Party fails to seek a protective order from this Court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the Court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this Court of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. \\ 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the stipulated protective order submitted to the Court. 12. MISCELLANEOUS 12.1 Right to Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court. 13. FINAL DISPOSITION Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reviews of this Action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. After the final disposition of this Action, within 60 days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed; and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries, or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). \\ \\ \\ \\ \\ \\ \\ \\ 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED _______________________ _____________________________________ Attorneys for Plaintiff DATED:________________________ _____________________________________ Attorneys for Defendant FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED:________________________ ____________________________________ Honorable Steve Kim United States Magistrate Judge 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND EXHIBIT A I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on [date] in the case of ___________ [insert formal name of the case and the number and initials assigned to it by the court]. I agree to comply with and to be bound by all the terms of this Stipulated Protective 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 this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ City and State where sworn and signed: _________________________________ Printed name: _______________________________ Signature: __________________________________ 15

=== SK - Hyperlinking Attorneys in Microsoft Word ===

Attorney Guide to Hyperlinking in the Federal Courts (for Microsoft Word users) Table of Contents Overview of Hyperlinking in Federal Court ............................................................................................ 2 Types of Permissible Hyperlinks ............................................................................................................... 3 Creating a Hyperlinked Table of Contents ............................................................................................... 4 Marking and Formatting Table of Contents Entries................................................................................ 4 Generating and Inserting the Table of Contents ..................................................................................... 7 Editing the Table of Contents (if needed) ............................................................................................... 9 To obtain the url for the document from the PACER docket sheet (PACER charge applies): ............ 11 Adding Links to Attachments to the Document being Filed ................................................................ 15 Automated Links to Legal Citations ....................................................................................................... 18 Access to Linking Software.................................................................................................................. 18 Linking Software—Compatibility Information ..................................................................................... 19 Westlaw InsertLinks ............................................................................................................................. 20 Installing West InsertLinks................................................................................................................... 20 Using West InsertLinks ........................................................................................................................ 20 Shepard’s Links 2008 ........................................................................................................................... 21 Installing Shepard’s Links .................................................................................................................... 21 Manually Inserting Hyperlinks................................................................................................................ 22 Manually Creating Links to Online Research Resources ..................................................................... 22 Manual Links to Court Websites .......................................................................................................... 23 Final Editing .............................................................................................................................................. 27 Removing Links ................................................................................................................................... 27 Editing Linked Text .............................................................................................................................. 27 Publish to PDF—Retaining the Hyperlinks ............................................................................................ 28 Conversion to PDF ............................................................................................................................... 28 Additional Tips .......................................................................................................................................... 31 Viewing a Website Location Opened from a Link in a CM/ECF Filing: ............................................. 31 Formatting the Appearance of the Links Inserted ................................................................................ 32 Optimized PDFs to reduce file size ...................................................................................................... 33 Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 1 of 33 Overview of Hyperlinking in Federal Court In the internet research world, hyperlinks are a standard way of “drilling down” for more detail or specific information. Just as all web pages contain links to other pages, cases downloaded from legal research services such as Westlaw or Lexis contain links to the cases, statutes, articles, or other sources cited within the opinion. The links allow immediate access by the reader to these referenced materials. Attorneys can include links to cited law and CM/ECF filings in their documents filed in CM/ECF, adding another level of persuasion to their writing. Hyperlinks in briefs and other court filings provide quick, easy, and pinpoint access to particular sections of a case, or to specific filings in the court’s record. The attorney can thereby highlight the precise issue presented, and the specific evidence and controlling or persuasive law the court should consider. Hyperlinks in court filings are very beneficial for court chambers. Court submissions which include links to relevant case law and case filings are easy for chambers staff to review. The attorneys’ arguments can be immediately verified in the context of the relevant law. The judge or judicial clerk is able to read the text of the cited case law on one screen while reading the attorney’s brief on the other. And if a brief contains links to referenced exhibits, and even to specific pages within those exhibits, the judge or judicial clerk can access the relevant evidence without having to navigate through the CM/ECF record. Particularly when dealing with large and complex cases, links save chambers considerable time and effort. Links make it easy for the court to verify – and adopt – the positions taken by an advocate. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 2 of 33 Types of Permissible Hyperlinks Subject to the court’s local rules, the following types of hyperlinks are typically allowed in court documents. For example, the Table of Contents located at the beginning of this Guide. Internal Links Links to documents previously filed on CM/ECF Links to attachments and exhibits being filed with your brief Note: Evidence must be filed of record. A hyperlink to a public website where evidence can be found is not a substitute for filing evidence in support of a motion. Links to case and statute citations For example: Westlaw, Note: Unless a cited case cannot reasonably be found from a public source, it is not necessary to attach copies of cases or statutes to your brief. Lexis, or court websites. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 3 of 33 Creating a Hyperlinked Table of Contents A table of contents in a W ord document can include internal hyperlinks for navigating the document. W hen the document is converted to PDF format, these links will become bookmarks in the PDF document. Although there are several methods for creating a table of contents in W ord 2010, the one most useful to attorneys (and discussed below), is to create the document, include any headings as you write, and then: • Mark and format the headings to be included in the table of contents; • Generate and insert the table of contents; and • Edit as needed. Marking and Formatting Table of Contents Entries To mark and format entries to be included in the table of contents: STEP 1 2 ACTION Create your document, inserting all headings with the format of your choice. Using your cursor, scroll over and select the heading you want to include in the table of contents. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 4 of 33 3 From the Styles section on your Home tab, Click the down arrow in the right lower corner. A drop down list will appear. Note: There are 9 pre-formatted Heading Styles available in MS W ord, but only 2 may be visible in your styles drop-down menu. Additional heading options (3 through 9) will appear, as you make your selections. For example, when you select and apply Heading 2, the Heading 3 option will appear and be available for the next heading level, and so on. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 5 of 33 4 If… Then… You want the text of the table of contents entries to match the headings already created within your document (e.g. font, font color, bold, etc.): You want to: Set a standard format (e.g. font, font color, bold, etc.), for all headings and table of contents entries created with your W ord program, Or Change the heading format in the brief already created: Use your cursor to select the heading to be included in the table of contents. From the Styles list, Right-click the heading level you wish to apply. In the box that appears, select: Update Heading [x] to Match Selection. Continue until a heading style has been applied to all heading levels within your brief. From the Styles list, Right-Click the heading level you wish to modify. In the box that appears, select Modify to open the Modify Style box. Choose text: • font • font size • appearance • color • justification • line spacing Save settings for: • only in this document, or • all documents created using your standard templat • Add to Quick Style List. Click OK. Scroll through your document. For each heading, select the heading text with your cursor, then click the heading style to be applied. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 6 of 33 Generating and Inserting the Table of Contents To add the Table of Contents to your document: STEP ACTION Place your cursor in the document at the location you want to insert the table of contents. Add a title for the Table of Contents. Enter a few hard returns. Control + Enter to insert a page break. Place your cursor where the table of contents entries should begin. From the References tab of your W ord ribbon, Select Table of Contents, and from the menu that appears, Select: Insert Table of Contents. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 7 of 33 Make selections for the appearance of the table of contents. Click OK. Note: If your table has more than three levels, you must set Show levels to the correct number. Note: The “Use hyperlinks instead of page numbers” must be checked or the table of contents will not have active links upon conversion to PDF. The Table of Contents, with active section links, will be inserted into your document. Note: You can manually modify the page numbers to appear as other links in your document, (e.g. blue and underlined). Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 8 of 33 Editing the Table of Contents (if needed) Inserting the Table of Contents may result in page break changes. For example, hard page breaks or extra lines that were added during drafting to adjust the overall look of the document may no longer be needed, or some may now need to be added. If the brief was modified after the table of contents was inserted: STEP ACTION From the reference tab on the W ord ribbon, select Update Table. Select Update page numbers only. Click OK. Note: If you have added or changed a heading, choose Update entire table. When the entire document is complete, using MS W ord, Save the document as a PDF or Create PDF in accordance with the instructions in this Guide. Note: Do not Print to PDF. All active links in your Word document become inactive in PDFs created using Print to PDF. Drafting Documents to Include Links to CM/ECF If you are creating a document which will include links to documents filed on CM/ECF, use a consistent citation format that cites the CM/ECF filing number along with the CM/ECF page number. For example: STEP 1 ACTION Download the filings from CM/ECF, and save them in your computer. Reminder: You can download a document from CM/ECF one time for free when you receive the Notice of Electronic Filing. Charges apply to each additional download of the same document. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 9 of 33 STEP 2 ACTION Documents downloaded from CM/ECF will include a header that identifies the CM/ECF filing number and the page numbers within that filing. 3 When drafting your brief, cite to the CM/ECF filing number and CM/ECF page number to which you are citing. For example: Assume you are citing to the following page of evidence. The citation within the brief could appear as follows: The Plan included a Trust Agreement. (Filing No. 13-1, at CM/ECF p. 3). Note: A consistent citation format is necessary when using CM/ECF LinkBuilder, an automated method for adding links to CM/ECF filings. Gathering URLs for Links for Citations to the Record Now that the filing numbers and associated page numbers are in the brief, you can manually add links to the electronic record. You may gather these links from: • saved Notices of Electronic Filing (no charge); or • the docket sheet on PACER (PACER charge applies). To obtain the url for the CM/ECF document without incurring a PACER charge: STEP ACTION 1 Collect and save on your computer the Notice of Electronic Filing (NEF) for all filings in the case. 2 When you later need the link for the document cited, --retrieve the NEF for that document, --right-click on the Document Number, and from the drop-down menu that appears, Select Copy Link Location. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 10 of 33 To obtain the url for the document from the PACER docket sheet (PACER charge applies): STEP ACTION 1 2 Open the CM/ECF docket sheet for the case and scroll to the cited docket filing. If linking to the main CM/ECF filing, right-click on the docket filing number, and Copy shortcut. If linking to a sub-file within a CM/ECF filing number: Right-click on the sub- filing number in the docket text and, select Copy Shortcut. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 11 of 33 Formatting the Appearance of the Links Inserted Before inserting links into a document, you may choose how those links will appear in the final document. For example, do you want them to appear: blue and underlined, bold and black, black and italicized, or some other appearance? To select the appearance of the links in your document: STEP 1 On the Home tab, click on the tiny arrow under Changes Styles. ACTION 2 A drop down menu will appear. Scroll down until you see Hyperlink. Right-click on Hyperlink, and from the choices that appear, select Modify. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 12 of 33 3 A Modify Style box will appear. Change the color, font, and underlining, etc. for hyperlinks. Note: Choose a specific font and font size for the linked text only if the linked text font and font size should appear different from that of the document text. Otherwise, leave the font and font size selections blank. Click OK. Linking to CM/ECF Documents Using LinkBuilder to Insert Links to Documents Previously Filed on CM/ECF The CM/ECF LinkBuilder add-in for W ord automates the creation of cross- document hyperlinks between filings in the federal court’s CM/ECF system. LinkBuilder will search a Microsoft W ord document for citations to CM/ECF filings and insert a hyperlink to the corresponding file in the CM/ECF system. LinkBuilder can recognize and link to attachments to the record, as well as page specific references to create pinpoint access to specific information in the case. For more information and to download the LinkBuilder tool, visit http://www.ned.uscourts.gov/internetDocs/cmecf/LinkBuilderforMSW ord.pdf Manually Inserting Links to Documents Previously Filed on CM/ECF To manually add the links you have copied from the docket to the MS W ord document you are drafting: STEP 1 In the brief, use your cursor to select the citation to which a hyperlink will be added. ACTION Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 13 of 33 STEP 2 Select the Insert tab on the MS Word ribbon, then select Hyperlink. An Insert Hyperlink dialog box will appear. ACTION 3 4 Note: The text you selected will automatically appear in the “Text to display” line. Place your cursor in the Address box of the Insert Hyperlink dialog box. Right-click. From the drop-down that appears, select Paste. The link to the first page of the filing will appear. To link to the filing only, or to only page 1 of the filing, click OK. The link to the citation will be added in your brief. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 14 of 33 STEP 5 ACTION To link to the specific page number of the CM/ECF filing that you are citing, In the address box, scroll to or place your cursor at the end of the link address. Add the following text: ?page=<page number> . For example, To link to page number 3 of a filing, add ?page=3. Click OK and the link to the page will be added to the citation in the brief. Note: Use the page numbers assigned by CM/ECF when linking to pages in documents filed in CM/ECF. Do not use Bates numbers or other numbering assigned to the record by the parties. Note: While the document remains in an MS Word format, the link will go only to the first page of the document. But upon conversion to PDF (see instructions below), the PDF link will go to the specific page you cited. Convert the brief to a PDF following the instructions below. File the PDF version of the document in CM/ECF. Note: It is not necessary to re-file or re-attach the documents to which you are linking if they have been previously filed in CM/ECF. 6 7 Adding Links to Attachments to the Document being Filed If a document cited in your brief has not previously been filed on CM/ECF, you may link to the document within your order only if the document is filed as an attachment to your brief. Follow the steps below to add active hyperlinks to documents you will be filing as attachments in CM/ECF. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 15 of 33 STEP 1 ACTION Save all the attachment documents you will cite into a single folder in your computer. The documents must be in PDF format. 2 While drafting your brief, include the citations to the documents saved in your computer. 3 4 5 6 Using your cursor, select the text to which a link will be added. On the Insert ribbon, select Hyperlink. In the Insert Hyperlink dialog box:  Navigate to cited file saved on your computer;  Select the file; and  Click OK. A link to the file will be added to the text. If you hover over the link with your cursor, you will see the link address. Add links to all the citations in your brief accordingly. Note: Specific page links can be added by following the directions in the previous section. Use the PDF page number, not a Bates number or footer page number, for the citation. 7 Save the order as a PDF as described in these instructions. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 16 of 33 STEP 8 File the brief and evidence as follows: ACTION a b c d Following the normal procedure for filing orders on CM/ECF, browse to and select your brief with links as the main document. Browse to and select as an Attachment each PDF file to which a link was created in your brief. Using the drop-down list, select the type of document attached, and provide a written description of the document. (Note: The written description will become the name assigned as a PDF bookmark when the file is However, a unique downloaded by description is needed if similarly labeled documents are cited.) the court. R e Repeat the foregoing steps until all cited evidence is filed as an attachment to your brief. When all evidence attachments have been added to the brief, click Next and complete the remaining steps for filing the brief on CM/ECF. Once filed, the links in the brief will link directly to the evidence filed of record as attachments to the brief. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 17 of 33 Automated Links to Legal Citations Links to legal citations can be added manually or, assuming the software is compatible with your computer and word processing software, by using automated linking software available through Westlaw or Lexis. Access to Linking Software Tool Cost URL Westlaw InsertLinks Must purchase a West BriefTools subscription. Estimated cost: $100/month for small firms; $300 to 500/month for larger firms (10 licenses) Shepard’s Links 2008 Lexis for Microsoft Office Lexis is currently not selling a software subscription which will insert links to documents that will remain active upon conversion to PDF. The last version of such software was created in 2008 and can be downloaded from the Lexis/Nexis website for free. This Lexis software product will add links for research and drafting purposes, but those links are lost upon conversion to PDF. Lexis is investigating the issue. http://legalsolutions.thomsonre uters.com/law- products/solutions/brief- tools?searchterms=brief+tool http://support.lexisnexis.com/ln download/record.asp?ArticleID =6056 Note: The Shepard’s BriefSuite dictionary is getting old and may not recognize some of the newer reporters. Its accuracy as a linking tool is inconsistent. http://www.lexisnexis.com/en- us/products/lexis-for-microsoft- office.page Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 18 of 33 Linking Software—Compatibility Information The following graph outlines the compatibility of Shepard’s Links 2008, West InsertLinks, and Lexis Links for Microsoft Office for inserting links into MS Word and WordPerfect documents with a Windows XP (SP3) 2GB Memory, Windows Vista (SP2) 4GB Memory, or Windows 7 – 4GB Memory computer.* MS Word 2010 MS Word 2007 MS Word 2003 MS Word 2000 WordPerfect X6**** WordPerfect X4 – X5 WordPerfect X3 WordPerfect 10 – 12 Shepard’s Links 2008 Lexis for Microsoft Office X** West InsertLinks X*** X** X*** X*** X X X X X X * The West and Lexis linking software programs cannot be used on Apple computers. Moreover, although Shepard’s Links was not designed to operate on Windows Vista and Windows 7 (as reflected in the Lexis literature), it is working on these computer systems. ** Lexis for Microsoft Office is being developed and tested. However, in its current stage of development, any links added by Lexis for Microsoft Office are being stripped out upon conversion to PDF. Lexis is investigating this issue. *** Westlaw product information states InsertLinks is compatible with both 32- and 64-bit Microsoft Word. However, while it works well with 32-bit Word, InsertLinks is not fully compatible or useful with 64-bit Word. **** West currently has no linking software compatible with WordPerfect X6. West indicates it may develop and release this product during the summer of 2013. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 19 of 33 Westlaw InsertLinks InsertLinks is a Westlaw computer software program which scans Microsoft Word or Corel WordPerfect1 documents to locate legal citations, and then automatically inserts hyperlinks to the Westlaw internet address (url) for those citations into the word processing document. See attached InsertLink example-Word InsertLink example-WordPerfect Installing West InsertLinks InsertLinks is part of the West BriefTools suite, and a BriefTools subscription is required in order to use this software.  The current West BriefTools product is Version 2.7.2039, which was updated on December 10, 2012.  The attached BriefTools Software Download instructions outline the system requirements and provides instructions on how to install West BriefTools. Using West InsertLinks Once InsertLinks software is installed, Westlaw links can be installed automatically in Microsoft Word documents using the following steps: STEP 1 ACTION With the Microsoft Word document to which you are adding links open on your screen: Select the Westlaw Solutions tab on the Word ribbon. 2 The West BriefTools options will open. Select InsertLinks. 1 Currently, InsertLinks is not compatible with, and cannot be used for, automatically inserting links into WordPerfect X6 documents. It does, however, work with prior versions of WordPerfect. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 20 of 33 STEP 3 ACTION The InsertLinks software will begin searching the document for citations and inserting the appropriate links. The box depicted above will disappear when the process is complete and all links are installed. Shepard’s Links 2008 Shepard’s Links is a Lexis computer software program which scans Microsoft Word or Corel WordPerfect2 documents to locate legal citations, and then automatically inserts hyperlinks to the Lexis internet address (url) for those citations into the word processing document. Reminder: Although free, Shepard’s links has not been updated since 2008 and provides inconsistent auto-linking results. Installing Shepard’s Links Shepards Links is part of the Shepard’s BriefSuite.  Shepard’s BriefSuite has not been updated since 2008.  The attached BriefSuite software download instructions provide a step-by-step description on how to install Shepard’s BriefSuite. 2 See compatibility graph above. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 21 of 33 Manually Inserting Hyperlinks As previously described, hyperlinks to documents filed on CM/ECF can be manually added to a document about to be filed. It is also possible to manually create links to documents available through commercial legal websites (e.g., Lexis or Westlaw), and those posted on the court’s website (Local Rules). Manually adding links can be labor intensive if the document is long, but the process is not difficult. And even if you are primarily using software to add links to a document, understanding the underlying mechanics of hyperlinking within WordPerfect and Word documents is helpful and may be necessary if, for example, you need to make corrections to the automatically created links. Manually Creating Links to Online Research Resources The process for manually adding links to Westlaw, Lexis, Google Scholar, or any other online research resource (LoisLaw, FastCase, etc.,) is the same. STEP 1 In the brief, use your cursor to select the citation to which you are adding a link. ACTION 2 Sign into the legal research website and open the cited document. Select the url address for the document. Right-click, and Copy the address. See e.g., OR OR Note: Check your local rules for any authority or limitations on the legal research websites to which links are permitted. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 22 of 33 STEP 3 ACTION a Select the Insert ribbon, then select Hyperlink. An Insert Hyperlink dialog box will appear. Note: The text you selected will automatically appear in the “Text to display” line. b Place your cursor in the Address box of the Insert Hyperlink dialog box. Right-click. From the drop-down that appears, select Paste. Click OK. The link to the citation will be added in your order. c Manual Links to Court Websites You may wish to cite to published opinions on a court’s website, or to the court’s local rules. To do so: STEP ACTION 1 In your brief, select the text to be linked. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 23 of 33 STEP ACTION 2 Locate and copy the url address for the citation. See e.g., OR 3 Referring to the previous section, “Manually Creating Links to Online Research Resources,” complete Step 3. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 24 of 33 Hyperlinking Guide for Attorneys Practicing in US District Court Create Bookmarks in a PDF A bookmark is a type of link within Acrobat PDF documents. Each bookmark goes to a different view or page in the document. They can mark places in a document for easy access later. Follow the steps in the table below to add bookmarks to your PDF files. Step Screen 1. Click the Bookmark tab on the left side of the Adobe Acrobat window to open the bookmarks panel. 2. Navigate to the page where you want the bookmark. In the Bookmarks pane, click the New Bookmark icon. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 25 of 33 3. A new bookmark will appear as Type a name for the bookmark. Note: If you highlight text on the page before clicking the New Bookmark button, the selected text will automatically become the name of the bookmark. 4. Repeat steps 2-3 until all bookmarks are placed. To ensure that the bookmarks are displayed when the document is opened, we need to set the view property. 5. From the File menu, choose Properties. 6. Click on the Initial View tab. 7. From the Navigation tab list, choose Bookmarks Panel and Page or Attachments Panel and Page depending on your situation. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 26 of 33 Removing Links To remove a specific link in a Word document: Final Editing Place your cursor over the link, Right-click, and from the drop-down that appears, click Remove Hyperlink. To remove all links in a Word document: Press Ctrl + A to select the entire document, then Ctrl + Shift + F9. Editing Linked Text To make additions to or change hyperlinked text in a Word document: 1. 2. Place your cursor at the end of the linked text. Use the back arrow on your keyboard to move your cursor in the linked text to the position where the text must be added or changed, and 3. Type in your changes. Or Place your cursor over the link, Right-click, and from the drop-down that appears, and click Edit Hyperlink. In the Edit Hyperlink box that opens, Type any changes in Text to display. Click OK. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 27 of 33 Publish to PDF—Retaining the Hyperlinks All documents filed in CM/ECF are in PDF format, so all documents created for filing must be converted to a PDF document. To include hyperlinks in your filed documents, place all the links into the document using your word processing system before converting the document to a PDF format. Once all links are in the word processing version of your document, use your word processing software to save or convert your briefs, or other documents you have created for filing, in a PDF format. Note: Do NOT use Print to PDF to create a PDF of an order with hyperlinks–the hyperlinks will be lost. Do NOT print the document and scan it to PDF format. Conversion to PDF MS Word has several methods for saving (“publishing”) a document in PDF format, including the following methods: ACTION STEP 1 Select the File tab on the MS Word ribbon; from the drop- down menu, select Save and Send; and from the choices now available, choose Create Adobe PDF from the File Types list, then Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 28 of 33 STEP 2 ACTION Navigate to the location where you want to save the document. Name the document and click Save. 3 Check View Result if you want the PDF document created to open upon conversion. After the document is published to PDF, you may upload it to CM/ECF using typical filing processes. With the exception of filing a document with links to its own attachments (discussed previously), no special steps are needed for filing a hyperlinked document on CM/ECF. Note: If you have Adobe Acrobat Standard or Pro loaded on your computer, you may also add the Adobe Acrobat tab and ribbon to your MS Word ribbons and use the Acrobat ribbon to convert documents to PDF. To do so: Select the File tab on the MS Word ribbon. Choose Options. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 29 of 33 Select Customize Ribbon. Add the Acrobat tab. Click OK An Acrobat tab will now appear on the MS Word ribbon, and will continue to do so hereafter. After the Acrobat tab is added, save a document as a PDF by selecting the Acrobat tab, and then Create PDF. After the document is published to PDF, you may upload it to CM/ECF using typical filing processes. With the exception of filing a document with links to its own attachments (discussed previously), no special steps are needed for filing a hyperlinked document on CM/ECF. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 30 of 33 Additional Tips Viewing a Website Location Opened from a Link in a CM/ECF Filing: When opening a PDF document filed on CM/ECF, make sure you are opening PDFs in your PDF software and not within the Web browser itself. Opening the CM/ECF documents in the web browser will result in unnecessary toggling between the document opened on CM/ECF and any website locations opened from links within that CM/ECF document, and will make it difficult or impossible to display the CM/ECF document on one screen and the website location on another. For those who use Adobe Acrobat, this setting adjustment is made as follows: With an Adobe Acrobat document open, Click Edit, then Preferences. From the Categories, scroll and select Internet. Make sure Display PDF in browser is not selected. Click OK. After you change this setting, you will need to close and reopen your Web browser before opening CM/ECF filings. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 31 of 33 Formatting the Appearance of the Links Inserted Before inserting links into a document, you may choose how those links will appear in the final document. For example, do you want them to appear: blue and underlined, bold and black, black and italicized, or some other appearance? To select the appearance of the links in your document: STEP 1 On the Home tab, click on the tiny arrow under Changes Styles. ACTION 2 A drop down menu will appear. Scroll down until you see Hyperlink. Right-click on Hyperlink, and from the choices that appear, select Modify. 3 A Modify Style box will appear. Change the color, font, and underlining, etc. for hyperlinks. Note: Choose a specific font and font size for the linked text only if the linked text font and font size should appear different from that of the document text. Otherwise, leave the font and font size selections blank. Click OK. Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 32 of 33 Optimized PDFs to reduce file size Large documents or documents containing forms, photos or graphics should be saved as an optimized PDF to reduce file storage size. Select File and Click Save As. From the Save as type dropdown menu, select PDF. From the Optimize for radio buttons, Select Minimum size (publishing online). Click Save. This manual was based on the instructional guide produced by Magistrate Judge Cheryl Zwart of the District Court of Nebraska. Please share your comments, questions, corrections, and experiences with hyperlinking or using this Guide by contacting: IT Department US District Court for the Central District of California (213) 894-6133 Attorney Guide to Hyperlinking in the Federal Courts Revised June 6, 2014 Page 33 of 33

=== SK - Civil Under Seal Procedures ===

This document outlines the procedures for attorneys to follow when electronically filing SEALED documents in otherwise PUBLIC/NON‐SEALED civil cases. REVISED: November 2015 Guide to Electronically Filing Under-Seal Documents in Civil Cases U.S. District Court for the Central District of California SEALED CIVIL DOCUMENTS 2015 Table of Contents E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES ..................... 1 OVERVIEW OF E-FILING PROCEDURES ............................................................................... 2 Application for Leave to File Under Seal .................................................................................. 2 E-Filing Sealed Documents ........................................................................................................ 2 Service of Sealed Documents ..................................................................................................... 2 Public Access ............................................................................................................................. 3 Available Events ......................................................................................................................... 3 Clearly Label All Sealed Documents ......................................................................................... 3 Use Caution in Drafting Docket Entry Text .............................................................................. 3 Mandatory Chambers Copies & Proposed Orders ..................................................................... 3 Filing a Redacted Document ...................................................................................................... 4 Problems Filing a Sealed Document .......................................................................................... 4 Red Screens ................................................................................................................................ 4 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS ....................................................................................................................... 5 Leave to File Document Under Seal .......................................................................................... 5 Sealed Declaration in Support .................................................................................................. 10 SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS ....................................... 15 SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY- SCREEN INSTRUCTIONS ..................................................................................................... 22 SEALED OPPOSITION: SCREEN-BY-SCREEN INSTRUCTIONS ...................................... 29 SEALED REPLY: SCREEN-BY-SCREEN INSTRUCTIONS ................................................. 35 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN-BY-SCREEN INSTRUCTIONS ..................................................................................................................... 41 i SEALED CIVIL DOCUMENTS 2015 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA E‐FILING SEALED DOCUMENTS IN PUBLIC/NON‐SEALED CIVIL CASES Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court’s CM/ECF system. Additional changes to the Local Rules effective the same day will change the way leave to file documents under seal must be requested, especially for documents subject to a protective order, and provide guidance for seeking in camera review of documents. A redline of all changes to the Local Rules effective December 1, 2015, is available here: http://www.cacd.uscourts.gov/ news/new-and-amended-local-rules-effective-december-1-2015. Please review these changes before filing or seeking leave to file any documents under seal on or after December 1, 2015. Note that the new rules require electronic filing only in PUBLIC/NON-SEALED CIVIL CASES. For now, continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge’s standing orders. Likewise, continue to file all documents in paper in any case in which the entire case is under seal. And note that pro se parties who have been granted permission to file documents electronically must nonetheless continue to file sealed documents in paper; the CM/ECF system does not allow pro se parties to e-file sealed documents. This Guide to Electronically Filing Under-Seal Documents in Civil Cases sets forth step-by-step instructions for electronically filing sealed documents, Applications for Leave to File Under Seal, and Applications for Leave for In Camera Review. Please review these instructions carefully – failure to follow these instructions could result in the inadvertent filing of a document you wish to keep under seal as a public document. Please note that, within CM/ECF, a separate menu of events related to the e-filing of sealed documents has been created (“Under Seal Filing Events”). If you attempt to e-file a sealed document, you must use one of the events available from this menu, or your document will not be filed under seal. Do not use a regular motion event on the “Motions and Related Filings” menu, as any documents so filed will be public. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 1 SEALED CIVIL DOCUMENTS 2015 OVERVIEW OF E‐FILING PROCEDURES Application for Leave to File Under Seal Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5. Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79- 5.2.2(a)-(b) (eff. 12/1/15). The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable. A Notice of Electronic Filing (“NEF”) will be sent, and recipients will be able to click on the link in the NEF to view the Application, the proposed order, and the redacted documents. However, only court staff and the CM/ECF user filing the documents will be able to view the declaration and the documents proposed to be filed under seal. Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the “Sealed Declaration in Support” event to file this declaration. E‐Filing Sealed Documents Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15). Service of Sealed Documents Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing (“NEF”). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 2 SEALED CIVIL DOCUMENTS 2015 document. See L.R. 79-5.3 (eff. 12/1/15). Public Access A sealed document filed in CM/ECF cannot be viewed remotely on PACER or on the Clerk’s Office public terminals by anyone other than Court personnel, with one exception. The individual attorney who e-filed that sealed document will be able to access it, but no other CM/ECF users, even attorneys of record in the same case or for the same party, will be able to view the document. Available Events Only documents properly filed using specific sealed docket entries are SEALED upon submission. The events are located on the “Under Seal Filing Events” menu found under the “Under Seal Filings” heading on the CIVIL docketing menu. The following sealed civil events are available for your use:  Leave for In Camera Review  Leave to File Document Under Seal  Sealed Declaration in Support  Sealed Document  Sealed Motion (Generic sealed motion type event)  Sealed Opposition  Sealed Reply Additional information and step-by-step filing instructions for each of these events is set forth below. When you file a document using the events listed above, you will have the ability to link or relate your motion, opposition, reply, or other sealed document to a previous docket entry. Clearly Label All Sealed Documents All sealed documents should be clearly marked as “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.” L.R. 79-5.2.2(c). Use Caution in Drafting Docket Entry Text When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed. Mandatory Chambers Copies & Proposed Orders A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a). Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 3 SEALED CIVIL DOCUMENTS Filing a Redacted Document 2015 If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry. Problems Filing a Sealed Document If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2. Red Screens During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 4 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”). Step-by-step instructions for each of those two steps are set forth below. STEP 1 Civil > Under Seal Filings > Under Seal Filing Events > Leave to File Document Under Seal 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 5 SEALED CIVIL DOCUMENTS 2015 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. 4. Select the “Leave to File Document Under Seal” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Application from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 6 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave to File Under Seal” and select the file, then click “Open.” 7. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 7 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave to File Under Seal, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events Screen. If you use the “Leave to File Document Under Seal” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 8 SEALED CIVIL DOCUMENTS 2015 13. On the next screen, in the second free text field, enter the title of the document which you are seeking leave to file under seal. Remember that the docket entry text will be publicly visible, so do not include confidential information here. Click “Next.” 14. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 9 SEALED CIVIL DOCUMENTS 2015 STEP 2 Use this event to file a declaration required by either L.R. 79-5.2.2(a)(i) or L.R. 79-5.2.2(b)(i). Civil > Under Seal Filings > Under Seal Filing Events > Sealed Declaration in Support 1. Click “Civil” on the blue menu bar at the top of the screen to return to the Civil Events Screen. Under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. If needed, enter the case number in the “Civil Case Number” field, and click “Find This Case.” (If you continue to this step directly after completing Step 1, the case number should be pre-populated.) 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 10 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Declaration in Support” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Declaration from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 11 SEALED CIVIL DOCUMENTS 2015 7. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to where you have saved your Declaration in Support of Application for Leave to File Under Seal, select the file, and click “Open.” 8. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 12 SEALED CIVIL DOCUMENTS 2015 9. Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates. Click “Next.” 10. Select the correct Application for Leave to File Under Seal from the list presented, and click “Next.” 11. Review the REMINDER message regarding service on the next screen. Click “Next.” 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 13 SEALED CIVIL DOCUMENTS 2015 13. The final docket text will be displayed on the next screen. Click “Next.” 14. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for both steps of this two-step process has been completed. 16. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 14 SEALED CIVIL DOCUMENTS 2015 SEALED DOCUMENT: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Document 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 15 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Document” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Document from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 16 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Document is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 17 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen. 12. If you checked the box and clicked “Next,” a linking screen will appear. Check the box next to the document to which you want to link the Sealed Document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 18 SEALED CIVIL DOCUMENTS 2015 13. You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. Note the warning message on the following screen, and click “Next.” 16. On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 19 SEALED CIVIL DOCUMENTS 2015 17. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 18. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 19. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 20 SEALED CIVIL DOCUMENTS 2015 Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 21 SEALED CIVIL DOCUMENTS 2015 SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Motion (Generic sealed motion type event) 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 22 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Motion (Generic sealed motion type event)” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Motion from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 23 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Motion again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Motion is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 24 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 12. Select the appropriate type for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 25 SEALED CIVIL DOCUMENTS 2015 13. Enter the filing party’s role in the “Party Role” field, and click “Next.” 14. Enter the hearing information for the judge before whom the motion is noticed. 15. Review the REMINDER message regarding service on the next screen. Click “Next.” 16. Note the warning message on the following screen, and click “Next.” 17. On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 26 SEALED CIVIL DOCUMENTS 2015 18. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 19. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 27 SEALED CIVIL DOCUMENTS 2015 20. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 28 SEALED CIVIL DOCUMENTS 2015 SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Opposition 1. From the Civil Event Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 29 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Opposition” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Opposition from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 30 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 31 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Opposition to the correct motion, and click “Next.” 13. The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 32 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 33 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 34 SEALED CIVIL DOCUMENTS 2015 SEALED REPLY: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Reply 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 35 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Reply” event from the list presented, and click “Next.” 5. Select the party filing the Sealed Reply from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 36 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Reply is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 37 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Reply to the correct motion, and click “Next.” 13. The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 38 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 39 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 40 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures. Civil > Under Seal Filings > Under Seal Filing Events > Leave For In Camera Review 1. From the Civil Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 41 SEALED CIVIL DOCUMENTS 2015 3. Ensure you are selecting the correct case in which to file your documents, and click “Next.” 4. Select the “Leave for In Camera Review” event from the list presented, and click “Next.” 5. Select the party filing the Application for Leave for In Camera Review from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 42 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave for In Camera Review” and select the file, then click “Open.” 7. If you have any additional documents to attach, click the “Browse” button under “Attachments,” and a file upload screen will appear. Individually navigate to the documents you want to attach, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 43 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave for In Camera Review, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events page. If you use the “Leave for In Camera Review” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED. Click “Next” once on this screen, and again on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 44 SEALED CIVIL DOCUMENTS 2015 13. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 14. The Notice of Electronic Filing will now be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 45

=== SK - Criminal Under Seal Procedures ===

INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS IN CRIMINAL CASES REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application. (Standard procedure for filing any application with a proposed order). Proposed order shall have an alternative signature line in case it's denied: 1. Counsel shall publically file the document(s), if the party wants the Court to consider the document(s); (Add an option below for return of documents) 2. Attorney shall retrieve the chambers copy of the document(s); or, 3. Clerk destroys the chambers copy of the document(s). After electronically filing the application and proof of service, send an e-mail to the chambers generic e-mail at [email protected], containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions) and an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”. A mandatory paper chambers copy, tabbed (if appropriate), of the documents listed above (together in one envelope) must be delivered to Magistrate Judge Kim's chambers box, on the 12th floor of 255 E. Temple St., Los Angeles, California by 12:00 p.m. (noon) on the day after submission. REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S) Electronically file a NOTICE OF MANUAL FILING indicating that an application to seal, declaration giving notice or a proof of service, proposed order sealing and under seal documents have been submitted to the Court. Send an e-mail to the chambers e-mail at [email protected], containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions as stated above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST”. A mandatory paper chambers copy, tabbed (if appropriate), of the documents listed above (together in one envelope) must be delivered to Magistrate Judge Kim's chambers box, on the 12th floor of 255 E. Temple St., Los Angeles, California by 12:00 p.m. (noon) on the day after submission. Please note: The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable. An application to file documents under seal must meet the requirements of Local Rule 79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal. ***On the un-redacted copies (sent via email and the chambers’ copy, the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.*** Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

=== SK - Request for Informal Discovery Conference ===

REQUEST FOR INFORMAL DISCOVERY CONFERENCE Email to: [email protected] Case Caption and Number: Dates of the two L.R. 37-1 conferences of counsel: Counsel of Record who will be appearing at the informal telephonic conference For Plaintiff(s): For Defendant(s): Proposed, stipulated dates and times for telephonic conference: BRIEF, NEUTRAL STATEMENT OF DISPUTE SPECIFIC RELIEF REQUESTED BY MOVING PARTY BRIEF SUMMARY OF PARTIES’ RESPECTIVE POSITIONS