The opinion
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ADELINE LORRAINE HERRERA; Case No. 2:20-cv-00590-MWF-SK
12 VANESSA ANDREA HERRERA; and
13 EDDIE PHILLIP HERRERA, JR., STIPULATED PROTECTIVE
individually and as successors-in- ORDER
14 interest to Decedent EDDIE PHILLIP
15 HERRERA, SR.,
16 Plaintiffs,
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vs.
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19 CITY OF MONTEBELLO, a municipal
corporation; OSCAR CHAVEZ,
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individually and in his official capacity
21 as an officer for the Montebello Police
Department; ANDRES YZAGUIRRE,
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individually and in his official capacity
23 as an police officer for Montebello
Police Department; and DOES 1-50,
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inclusive, individually and in their
25 official capacities as police officers for
the Montebello Police Department,
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27 Defendants.
1 TO THE HONORABLE COURT:
2 Pursuant to Federal Rules of Civil Procedure, Rule 26(c), Defendants CITY
3 OF MONTEBELLO, OFFICER OSCAR CHAVEZ and OFFICER ANDRES
4 YZAGUIRRE and Plaintiffs ADELINE HERRERA, VANESSA HERRERA and
5 EDDIE HERRERA, JR., by and through their attorneys of record, hereby stipulate
6 to the Protective Order set forth herein regarding the production of documents,
7 records, and tangible things during the discovery phase of this action. The City of
8 Montebello, Officer Oscar Chavez, Officer Andres Yzaguirre and Plaintiffs are
9 sometimes hereinafter referred to individually as a “Party” and collectively as the
10 “Parties.
11 1. A. PURPOSES AND LIMITATIONS
12 Discovery in this action is likely to involve production of confidential,
13 proprietary, or private information for which special protection from public
14 disclosure and from use for any purpose other than prosecuting this litigation may
15 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
16 enter the following Stipulated Protective Order. This Order is intended to protect all
17 documents produced by Defendants City of Montebello, Officer Oscar Chavez and
18 Officer Andres Yzaguirre as part of supplemental responses to Plaintiffs’ Requests
19 for Production of Documents, as well as any documents which are ordered to be
20 produced by the Court resulting from any discovery disputes that arise in this matter.
21 The parties acknowledge that this Order does not confer blanket protections on all
22 disclosures or responses to discovery and that the protection it affords from public
23 disclosure and use extends only to the limited information or items that are entitled
24 to confidential treatment under the applicable legal principles. The parties further
25 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
26 Order does not entitle them to file confidential information under seal; Civil Local
27 Rule 79-5 sets forth the procedures that must be followed and the standards that will
1 B. GOOD CAUSE STATEMENT
2 Though Plaintiffs may be entitled, in certain limited circumstances, to
3 examine information in police officers’ personnel files, internal affairs files and
4 force reports, to the extent that they are relevant to their claims in the above-
5 captioned action, the Defendants contend that a protective order is necessary to
6 prevent random distribution of such information. Furthermore, this proposed
7 protective order was created for the purpose of protecting certain information that
8 may be subject to the official information privilege, law enforcement privilege and
9 the right to privacy, as protected by the California and United States Constitution,
10 balanced with plaintiffs’ right to discovery in this litigation.
11 Police personnel records are deemed confidential under federal law. Sanchez
12 v. Santa Ana Police Dep’t., 936 F.2d 1027, 1033-34 (9th Cir. 1990). Law
13 enforcement personnel records also involve confidential information that is
14 protected by the Police Officers Bill of Rights, as codified at section 3300, et seq.,
15 of the California Government Code. The public disclosure of law enforcement
16 personnel records and records which include witness name, etc., is further limited by
17 a number of California statutes, including but not limited to California Government
18 Code section 6254 and California Penal Code section 832.7, et seq.
19 The City and individual peace officer Defendants herein contend that they
20 have an interest in protecting their privacy rights relating to information in their
21 personnel files and other related information.
22 It is the policy of the City of Montebello/Montebello Police Department not
23 to disclose information contained in background investigations about its employees,
24 or other information contained in confidential police personnel files unless ordered
25 to do so by a court of competent jurisdiction. Further, it is the policy of the City of
26 Montebello/Montebello Police Department not to disclose information contained in
27 police reports to those other than the parties involved in the incident, their
1 representatives, prosecutors, etc. unless ordered to do so by a court of competent
2 jurisdiction.
3 Within the City of Montebello/Montebello Police Department, access to
4 personnel files is restricted to those on a “need to know” basis. Controlled access to
5 the files is regarded by the City/Department as essential in order to assure the
6 integrity and security of such files. The City/Department contends that uncontrolled
7 disclosure of such information can disrupt the City’s/Department’s vital, day-to-day
8 operations, erode the integrity and security of the confidential personnel and related
9 files, affect the morale of City’s/Department’s personnel, and frustrate the legitimate
10 purposes of gathering the information in these files, including adversely impacting
11 disciplinary procedures within the City/Department.
12 With respect to police reports, unfettered access is not granted to the public.
13 Instead, access is restricted to those investigating the incident, involved in the
14 incident or their representatives, those who are prosecuting and/or defending those
15 involved, and those who maintain the records. The City/Department contends that
16 controlled access is necessary to not only assure the integrity and security of said
17 files, but also to ensure the privacy rights of those involved especially third party
18 witnesses and minors are protected. Permitting uncontrolled disclosure can disrupt
19 the City’s/Department’s day-to-day operations, including but not limited to
20 adversely impacting the City’s/Department’s ability to thoroughly investigate
21 incidents.
22 Further, the City/Department contends that information contained in the
23 requested material case files is gathered and maintained in confidence by the
24 City/Department. The information gathered in these case files generally includes
25 the statements of third party witnesses collected in confidence. Witnesses are told
26 that the confidentiality of their statement will be protected and that they are for the
27 confidential use of the City/Department. The City/Department believes that
1 uncontrolled release of this information would cause needless intrusion into and
2 violation of privacy rights.
3 Accordingly, to expedite the flow of information, to facilitate the prompt
4 resolution of disputes over confidentiality of discovery materials, to adequately
5 protect information the parties are entitled to keep confidential, to ensure that the
6 parties are permitted reasonable necessary uses of such material in preparation for
7 and in the conduct of trial, to address their handling at the end of the litigation, and
8 serve the ends of justice, a protective order for such information is justified in this
9 matter. It is the intent of the parties that information will not be designated as
10 confidential for tactical reasons and that nothing be so designated without a good
11 faith belief that it has been maintained in a confidential, non-public manner, and
12 there is good cause why it should not be part of the public record of this case.
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14 2. DEFINITIONS
15 2.1 Action: Adeline Lorraine Herrera, et al. v. City of Montebello, et al.
16 (U.S.D.C. Case No. 2:20-cv-00590-MWF-SK).
17 2.2 Challenging Party: a Party that challenges the designation of information
18 or items under this Order.
19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
20 it is generated, stored or maintained) or tangible things that qualify for protection
21 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
22 Cause Statement, including documents produced by Defendants City of Montebello,
23 Officer Oscar Chavez and Officer Andres Yzaguirre as part of supplemental
24 responses to Plaintiffs’ Requests for Production of Documents, as well as any
25 documents which are ordered to be produced by the Court resulting from any
26 discovery disputes that arise in this matter.
27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
1 2.5 Designating Party: a Party or Non-Party that designates information or
2 items that it produces in disclosures or in responses to discovery as
3 “CONFIDENTIAL.”
4 2.6 Disclosure or Discovery Material: all items or information, regardless of
5 the medium or manner in which it is generated, stored, or maintained (including,
6 among other things, testimony, transcripts, and tangible things), that are produced or
7 generated in disclosures or responses to discovery in this matter.
8 2.7 Expert: a person with specialized knowledge or experience in a matter
9 pertinent to the litigation who has been retained by a Party or its counsel to serve as
10 an expert witness or as a consultant in this Action.
11 2.8 House Counsel: attorneys who are employees of a party to this Action.
12 House Counsel does not include Outside Counsel of Record or any other outside
13 counsel.
14 2.9 Non-Party: any natural person, partnership, corporation, association, or
15 other legal entity not named as a Party to this action.
16 2.10 Outside Counsel of Record: attorneys who are not employees of a party
17 to this Action but are retained to represent or advise a party to this Action and have
18 appeared in this Action on behalf of that party, and includes support staff.
19 2.11 Party: any party to this Action, including all of its officers, directors,
20 employees, consultants, retained experts, and Outside Counsel of Record (and their
21 support staffs).
22 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
23 Discovery Material in this Action.
24 2.13 Professional Vendors: persons or entities that provide litigation support
25 services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 and their employees and subcontractors.
1 2.14 Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL.”
3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
4 from a Producing Party.
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6 3. SCOPE
7 The protections conferred by this Stipulation and Order cover not only
8 Protected Material (as defined above), but also (1) any information copied or
9 extracted from Protected Material; (2) all copies, excerpts, summaries, or
10 compilations of Protected Material; and (3) any testimony, conversations, or
11 presentations by Parties or their Counsel that might reveal Protected Material.
12 Any use of Protected Material at trial shall be governed by the orders of the
13 trial judge. This Order does not govern the use of Protected Material at trial.
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15 4. DURATION
16 Even after final disposition of this litigation, the confidentiality obligations
17 imposed by this Order shall remain in effect until a Designating Party agrees
18 otherwise in writing or a court order otherwise directs. Final disposition shall be
19 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
20 or without prejudice; and (2) final judgment herein after the completion and
21 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
22 including the time limits for filing any motions or applications for extension of time
23 pursuant to applicable law.
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25 5. DESIGNATING PROTECTED MATERIAL
26 5.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or Non-Party that designates information or items for protection
1 under this Order must take care to limit any such designation to specific material
2 that qualifies under the appropriate standards. The Designating Party must designate
3 for protection only those parts of material, documents, items, or oral or written
4 communications that qualify so that other portions of the material, documents,
5 items, or communications for which protection is not warranted are not swept
6 unjustifiably within the ambit of this Order. Here, the designated material includes
7 documents produced by Defendants City of Montebello, Officer Oscar Chavez and
8 Officer Andres Yzaguirre as part of supplemental responses to Plaintiffs’ Requests
9 for Production of Documents, as well as any documents which are ordered to be
10 produced by the Court resulting from any discovery disputes that arise in this matter.
11 Mass, indiscriminate, or routinized designations are prohibited. Designations
12 that are shown to be clearly unjustified or that have been made for an improper
13 purpose (e.g., to unnecessarily encumber the case development process or to impose
14 unnecessary expenses and burdens on other parties) may expose the Designating
15 Party to sanctions.
16 If it comes to a Designating Party’s attention that information or items that it
17 designated for protection do not qualify for protection, that Designating Party must
18 promptly notify all other Parties that it is withdrawing the inapplicable designation.
19 5.2 Manner and Timing of Designations. Except as otherwise provided in this
20 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
21 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
22 under this Order must be clearly so designated before the material is disclosed or
23 produced.
24 Designation in conformity with this Order requires:
25 (a) for information in documentary form (e.g., paper or electronic documents,
26 but excluding transcripts of depositions or other pretrial or trial proceedings), that
27 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
1 portion or portions of the material on a page qualifies for protection, the Producing
2 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
3 markings in the margins).
4 A Party or Non-Party that makes original documents available for inspection
5 need not designate them for protection until after the inspecting Party has indicated
6 which documents it would like copied and produced. During the inspection and
7 before the designation, all of the material made available for inspection shall be
8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
9 documents it wants copied and produced, the Producing Party must determine which
10 documents, or portions thereof, qualify for protection under this Order. Then, before
11 producing the specified documents, the Producing Party must affix the
12 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
13 portion or portions of the material on a page qualifies for protection, the Producing
14 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
15 markings in the margins).
16 (b) for testimony given in depositions that the Designating Party identify
17 the Disclosure or Discovery Material on the record, before the close of the
18 deposition all protected testimony.
19 (c) for information produced in some form other than documentary and for
20 any other tangible items, that the Producing Party affix in a prominent place on the
21 exterior of the container or containers in which the information is stored the legend
22 “CONFIDENTIAL.” If only a portion or portions of the information warrants
23 protection, the Producing Party, to the extent practicable, shall identify the protected
24 portion(s).
25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
26 failure to designate qualified information or items does not, standing alone, waive
27 the Designating Party’s right to secure protection under this Order for such material.
1 efforts to assure that the material is treated in accordance with the provisions of this
2 Order.
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4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
6 designation of confidentiality at any time that is consistent with the Court’s
7 Scheduling Order.
8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
9 resolution process under Local Rule 37.1 et seq.
10 6.3 The burden of persuasion in any such challenge proceeding shall be on the
11 Designating Party. Frivolous challenges, and those made for an improper purpose
12 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
13 expose the Challenging Party to sanctions. Unless the Designating Party has waived
14 or withdrawn the confidentiality designation, all parties shall continue to afford the
15 material in question the level of protection to which it is entitled under the
16 Producing Party’s designation until the Court rules on the challenge.
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18 7. ACCESS TO AND USE OF PROTECTED MATERIAL
19 7.1 Basic Principles. A Receiving Party may use Protected Material that is
20 disclosed or produced by another Party or by a Non-Party in connection with this
21 Action only for prosecuting, defending, or attempting to settle this Action. Such
22 Protected Material may be disclosed only to the categories of persons and under the
23 conditions described in this Order. When the Action has been terminated, a
24 Receiving Party must comply with the provisions of section 13 below (FINAL
25 DISPOSITION).
26 Protected Material must be stored and maintained by a Receiving Party at a
27 location and in a secure manner that ensures that access is limited to the persons
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
2 ordered by the court or permitted in writing by the Designating Party, a Receiving
3 Party may disclose any information or item designated “CONFIDENTIAL” only to:
4 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
5 employees of said Outside Counsel of Record to whom it is reasonably necessary to
6 disclose the information for this Action;
7 (b) the officers, directors, and employees (including House Counsel) of the
8 Receiving Party to whom disclosure is reasonably necessary for this Action;
9 (c) Experts (as defined in this Order) of the Receiving Party to whom
10 disclosure is reasonably necessary for this Action and who have signed the
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 (d) the court and its personnel;
13 (e) court reporters and their staff;
14 (f) professional jury or trial consultants, mock jurors, and Professional
15 Vendors to whom disclosure is reasonably necessary for this Action and who have
16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (g) the author or recipient of a document containing the information or a
18 custodian or other person who otherwise possessed or knew the information;
19 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
21 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
22 will not be permitted to keep any confidential information unless they sign the
23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
24 agreed by the Designating Party or ordered by the court. Pages of transcribed
25 deposition testimony or exhibits to depositions that reveal Protected Material shall
26 be separately bound by the court reporter and shall not be disclosed to anyone
27 except as permitted under this Stipulated Protective Order; and
1 (i) any mediator or settlement officer, and their supporting personnel,
2 mutually agreed upon by any of the parties engaged in settlement discussions.
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4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
5 PRODUCED IN OTHER LITIGATION
6 If a Party is served with a subpoena or a court order issued in other litigation
7 that compels disclosure of any information or items designated in this Action a
8 “CONFIDENTIAL,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification
10 shall include a copy of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the subpoena or order
12 to issue in the other litigation that some or all of the material covered by the
13 subpoena or order is subject to this Protective Order. Such notification shall include
14 a copy of this Stipulated Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be
16 pursued by the Designating Party whose Protected Material may be affected.
17 If the Designating Party timely seeks a protective order, the Party served with
18 the subpoena or court order shall not produce any information designated in this
19 action as “CONFIDENTIAL” before a determination by the court from which the
20 subpoena or order issued, unless the Party has obtained the Designating Party’s
21 permission. The Designating Party shall bear the burden and expense of seeking
22 protection in that court of its confidential material and nothing in these provisions
23 should be construed as authorizing or encouraging a Receiving Party in this Action
24 to disobey a lawful directive from another court.
25 ///
26 ///
27 ///
1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced by a
4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
5 produced by Non-Parties in connection with this litigation is protected by the
6 remedies and relief provided by this Order. Nothing in these provisions should be
7 construed as prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to
9 produce a Non-Party’s confidential information in its possession, and the Party is
10 subject to an agreement with the Non-Party not to produce the Non-Party’s
11 confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the Non-
13 Party that some or all of the information requested is subject to a confidentiality
14 agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Stipulated
16 Protective Order in this Action, the relevant discovery request(s), and a reasonably
17 specific description of the information requested; and
18 (3) make the information requested available for inspection by the
19 Non-Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court within
21 14 days of receiving the notice and accompanying information, the Receiving Party
22 may produce the Non-Party’s confidential information responsive to the discovery
23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
24 not produce any information in its possession or control that is subject to the
25 confidentiality agreement with the Non-Party before a determination by the court.
26 Absent a court order to the contrary, the Non-Party shall bear the burden and
27 expense of seeking protection in this court of its Protected Material.
1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED
2 MATERIAL
3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
4 Protected Material to any person or in any circumstance not authorized under this
5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
8 persons to whom unauthorized disclosures were made of all the terms of this Order,
9 and (d) request such person or persons to execute the “Acknowledgment and
10 Agreement to Be Bound” that is attached hereto as Exhibit A.
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12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
13 OTHERWISE PROTECTED MATERIAL
14 When a Producing Party gives notice to Receiving Parties that certain
15 inadvertently produced material is subject to a claim of privilege or other protection,
16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
18 may be established in an e-discovery order that provides for production without
19 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
20 as the parties reach an agreement on the effect of disclosure of a communication or
21 information covered by the attorney-client privilege or work product protection, the
22 parties may incorporate their agreement in the stipulated protective order submitted
23 to the court.
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25 12. MISCELLANEOUS
26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
27 person to seek its modification by the Court in the future.
1 12.2 Right to Assert Other Objections. By stipulating to the entry of this
2 Protective Order no Party waives any right it otherwise would have to object to
3 disclosing or producing any information or item on any ground not addressed in this
4 Stipulated Protective Order. Similarly, no Party waives any right to object on any
5 ground to use in evidence of any of the material covered by this Protective Order.
6 12.3 Filing Protected Material. All Parties and their Counsel agree that if a
7 Party intends to file Protected Material with the Court, for any reason, that party and
8 Counsel shall request permission from the Court to file the Protected Material under
9 seal. A Party that seeks to file under seal any Protected Material must comply with
10 Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a
11 court order authorizing the sealing of the specific Protected Material at issue. If a
12 Party's request to file Protected Material under seal is denied by the court, then the
13 Receiving Party may file the information in the public record unless otherwise
14 instructed by the court.
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16 13. FINAL DISPOSITION
17 After the final disposition of this Action, as defined in paragraph 4, within 60
18 days of a written request by the Designating Party, each Receiving Party (which also
19 includes those defined as a Party in Section 2.11) must return all Protected Material
20 to the Producing Party or destroy such material. As used in this subdivision, “all
21 Protected Material” includes all copies, abstracts, compilations, summaries, and any
22 other format reproducing or capturing any of the Protected Material. Whether the
23 Protected Material is returned or destroyed, the Receiving Party must submit a
24 written certification to the Producing Party (and, if not the same person or entity, to
25 the Designating Party) by the 60 day deadline that (1) identifies (by category, where
26 appropriate) all the Protected Material that was returned or destroyed and (2)affirms
27 that the Receiving Party has not retained any copies, abstracts, compilations,
1 Material. Notwithstanding this provision, Counsel are entitled to retain an archival
2 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
3 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
4 work product, and consultant and expert work product, even if such materials
5 contain Protected Material. Any such archival copies that contain or constitute
6 Protected Material remain subject to this Protective Order as set forth in Section 4
7 (DURATION).
8 14. Any violation of this Order may be punished by any and all appropriate
9 measures including, without limitation, contempt proceedings and/or monetary
10 sanctions.
11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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DATED: April 20, 2021 LAW OFFICES OF JOHN L. BURRIS
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By: _/s/ Dewitt M. Lacy______________
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JOHN L. BURRIS
15 DEWITT M. LACY
K. CHIKE ODIWE
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Attorneys for Plaintiffs
17 ADELINE HERRERA, VANESSA
HERRERA and EDDIE HERRERA, JR.
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19 DATED: April 13, 2021 CARPENTER, ROTHANS & DUMONT LLP
20 By: __/s/ Jonathan D. Redford___________
STEVEN J. ROTHANS
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JONATHAN D. REDFORD
22 Attorneys for Defendants CITY OF
MONTEBELLO, a public entity, and
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OFFICER OSCAR CHAVEZ and
24 OFFICER ANDRES YZAGUIRRE,
public employees
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1 Pursuant to Central District Local Rule 5-4.3.4(a)(2)(i), the filer of this
2 document attests that all other signatories listed, and on whose behalf the filing is
3 submitted, concur in the filing’s content and have authorized the filing.
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1 Order
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3 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
: She
5 Date: April 23, 2021
Honorable Steve Kim
6 United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of perjury
5 that I have read in its entirety and understand the Stipulated Protective Order that
6 was issued by the United States District Court for the Central District of California
7 on [date] in the case of Adeline Lorraine Herrera, et al. v. City of Montebello, et al.,
8 Case No. 2:20-cv-00590-MWF-SK. I agree to comply with and to be bound by all
9 the terms of this Stipulated Protective Order and I understand and acknowledge that
10 failure to so comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any information
12 or item that is subject to this Stipulated Protective Order to any person or entity
13 except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint __________________________ [print
18 or type full name] of _______________________________________ [print or type
19 full address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this
21 Stipulated Protective Order.
22
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: _______________________________
26 Signature: __________________________________
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