Mitchel Zohner v. City of Torrance

1 WOODRUFF, SPRADLIN & SMART, APC

PATRICK M. DESMOND – State Bar No. 215029

2 pdesmond@wss-law.com

555 Anton Boulevard, Suite 1200

3 Costa Mesa, California 92626-7670

Telephone: (714) 558-7000

4 Facsimile: (714) 835-7787

5 Attorneys for Defendants OFFICER CHANDLER, OFFICER

NAKASHIMA, AND OFFICER PITTMAN

6

7

8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

11

MITCHEL ZOHNER, CASE NO: 2:20-cv-04719-MWF (RAO)

12

Plaintiff, BEFORE THE HONORABLE

13 MICHAEL W. FITZGERALD

v. COURTROOM 5A

14

CITY OF TORRANCE, a public entity; STIPULATED PROTECTIVE

15 DAVID CHANDLER; BRANDEN ORDER1

NAKASHIMA; MARK PITTMAN; and

16 DOES 1 through 10, inclusive, HEARING DATES PENDING:

Type: Final Pre-Trial Conference

17 Defendants. Date: June 7, 2021

Time: 11 a.m.

18 Ctrm: 5A

19 Type: Trial

Date: June 29, 2021

20 Time: 8:30 a.m.

Ctrm: 5A D

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23

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1 This Stipulated Protective Order is substantially based on the model protective

27 order provided under Magistrate Judge Rozella A. Oliver’s Procedures. A redlined

version showing all modifications from the model protective order is available and

1 1. A. PURPOSES AND LIMITATIONS

2 Discovery in this action is likely to involve production of confidential,

3 proprietary or private information for which special protection from public

4 disclosure and from use for any purpose other than prosecuting this litigation may

5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

6 enter the following Stipulated Protective Order. The parties acknowledge that this

7 Order does not confer blanket protections on all disclosures or responses to

8 discovery and that the protection it affords from public disclosure and use extends

9 only to the limited information or items that are entitled to confidential treatment

10 under the applicable legal principles.

11 B. GOOD CAUSE STATEMENT

12 This action is likely to involve trade secrets, customer and pricing lists and

13 other valuable research, development, commercial, financial, technical and/or

14 proprietary information for which special protection from public disclosure and

15 from use for any purpose other than prosecution of this action is warranted. Such

16 confidential and proprietary materials and information consist of, among other

17 things, confidential business or financial information, information regarding

18 confidential business practices, or other confidential research, development, or

19 commercial information (including information implicating privacy rights of third

20 parties), information otherwise generally unavailable to the public, or which may be

21 privileged or otherwise protected from disclosure under state or federal statutes,

22 court rules, case decisions, or common law. Accordingly, to expedite the flow of

23 information, to facilitate the prompt resolution of disputes over confidentiality of

24 discovery materials, to adequately protect information the parties are entitled to keep

25 confidential, to ensure that the parties are permitted reasonable necessary uses of

26 such material in preparation for and in the conduct of trial, to address their handling

27 at the end of the litigation, and serve the ends of justice, a protective order for such

1 information is justified in this matter. It is the intent of the parties that information

2 will not be designated as confidential for tactical reasons and that nothing be so

3 designated without a good faith belief that it has been maintained in a confidential,

4 non-public manner, and there is good cause why it should not be part of the public

5 record of this case.

6 This matter, brought under 42 U.S.C. § 1983, involves alleged physical and

7 psychological injuries resulting from police officers’ alleged use of excessive force

8 and false/retaliatory arrest. The discovery sought, and likely to be sought in the

9 future, includes: documents and records relating to internal affairs investigation files

10 and related complaints, statements, and records; police officers’ personnel files; and

11 individual parties’ medical and financial information. The public and uncontrolled

12 release of these documents, without first allowing the affected parties and non-

13 parties to identify confidential information and claim protection, could cause the

14 parties personal and institutional embarrassment and harm.

15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

16 The parties further acknowledge, as set forth in Section 12.3, below, that this

17 Stipulated Protective Order does not entitle them to file confidential information

18 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

19 and the standards that will be applied when a party seeks permission from the court

20 to file material under seal.

21 There is a strong presumption that the public has a right of access to judicial

22 proceedings and records in civil cases. In connection with non-dispositive motions,

23 good cause must be shown to support a filing under seal. See Kamakana v. City and

24 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors

25 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,

26 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

27 require good cause showing), and a specific showing of good cause or compelling

1 reasons with proper evidentiary support and legal justification, must be made with

2 respect to Protected Material that a party seeks to file under seal. The parties’ mere

3 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

4 without the submission of competent evidence by declaration, establishing that the

5 material sought to be filed under seal qualifies as confidential, privileged, or

6 otherwise protectable—constitute good cause.

7 Further, if a party requests sealing related to a dispositive motion or trial, then

8 compelling reasons, not only good cause, for the sealing must be shown, and the

9 relief sought shall be narrowly tailored to serve the specific interest to be protected.

10 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

11 each item or type of information, document, or thing sought to be filed or introduced

12 under seal in connection with a dispositive motion or trial, the party seeking

13 protection must articulate compelling reasons, supported by specific facts and legal

14 justification, for the requested sealing order. Again, competent evidence supporting

15 the application to file documents under seal must be provided by declaration.

16 Any document that is not confidential, privileged, or otherwise protectable in

17 its entirety will not be filed under seal if the confidential portions can be redacted.

18 If documents can be redacted, then a redacted version for public viewing, omitting

19 only the confidential, privileged, or otherwise protectable portions of the document

20 shall be filed. Any application that seeks to file documents under seal in their

21 entirety should include an explanation of why redaction is not feasible.

22 2. DEFINITIONS

23 2.1 Action:[this pending federal lawsuit, Mitchel Zohner v. City of

24 Torrance et al., Case No. 2:20-cv-04719 MWF (RAO).

25 2.2 Challenging Party: a Party or Non-Party that challenges the

26 designation of information or items under this Order.

27 ///

1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

2 how it is generated, stored or maintained) or tangible things that qualify for

3 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

4 the Good Cause Statement.

5 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

6 their support staff).

7 2.5 Designating Party: a Party or Non-Party that designates information or

8 items that it produces in disclosures or in responses to discovery as

9 “CONFIDENTIAL.”

10 2.6 Disclosure or Discovery Material: all items or information, regardless

11 of the medium or manner in which it is generated, stored, or maintained (including,

12 among other things, testimony, transcripts, and tangible things) that are produced or

13 generated in disclosures or responses to discovery in this matter.

14 2.7 Expert: a person with specialized knowledge or experience in a matter

15 pertinent to the litigation who has been retained by a Party or its counsel to serve as

16 an expert witness or as a consultant in this Action.

17 2.8 House Counsel: attorneys who are employees of a party to this Action.

18 House Counsel does not include Outside Counsel of Record or any other outside

19 counsel.

20 2.9 Non-Party: any natural person, partnership, corporation, association or

21 other legal entity not named as a Party to this action.

22 2.10 Outside Counsel of Record: attorneys who are not employees of a

23 party to this Action but are retained to represent or advise a party to this Action and

24 have appeared in this Action on behalf of that party or are affiliated with a law firm

25 that has appeared on behalf of that party, and includes support staff.

26 2.11 Party: any party to this Action, including all of its officers, directors,

27 employees, consultants, retained experts, and Outside Counsel of Record (and their

1 support staffs).

2 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

3 Discovery Material in this Action.

4 2.13 Professional Vendors: persons or entities that provide litigation

5 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

6 demonstrations, and organizing, storing, or retrieving data in any form or medium)

7 and their employees and subcontractors.

8 2.14 Protected Material: any Disclosure or Discovery Material that is

9 designated as “CONFIDENTIAL.”

10 2.15 Receiving Party: a Party that receives Disclosure or Discovery

11 Material from a Producing Party.

12 3. SCOPE

13 The protections conferred by this Stipulation and Order cover not only

14 Protected Material (as defined above), but also (1) any information copied or

15 extracted from Protected Material; (2) all copies, excerpts, summaries, or

16 compilations of Protected Material; and (3) any testimony, conversations, or

17 presentations by Parties or their Counsel that might reveal Protected Material.

18 Any use of Protected Material at trial shall be governed by the orders of the

19 trial judge. This Order does not govern the use of Protected Material at trial.

20 4. DURATION

21 Once a case proceeds to trial, information that was designated as

22 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

23 as an exhibit at trial becomes public and will be presumptively available to all

24 members of the public, including the press, unless compelling reasons supported by

25 specific factual findings to proceed otherwise are made to the trial judge in advance

26 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

27 showing for sealing documents produced in discovery from “compelling reasons”

1 standard when merits-related documents are part of court record). Accordingly, the

2 terms of this protective order do not extend beyond the commencement of the trial.

3 5. DESIGNATING PROTECTED MATERIAL

4 5.1 Exercise of Restraint and Care in Designating Material for Protection.

5 Each Party or Non-Party that designates information or items for protection under

6 this Order must take care to limit any such designation to specific material that

7 qualifies under the appropriate standards. The Designating Party must designate for

8 protection only those parts of material, documents, items or oral or written

9 communications that qualify so that other portions of the material, documents, items

10 or communications for which protection is not warranted are not swept unjustifiably

11 within the ambit of this Order.

12 Mass, indiscriminate or routinized designations are prohibited. Designations

13 that are shown to be clearly unjustified or that have been made for an improper

14 purpose (e.g., to unnecessarily encumber the case development process or to impose

15 unnecessary expenses and burdens on other parties) may expose the Designating

16 Party to sanctions.

17 If it comes to a Designating Party’s attention that information or items that it

18 designated for protection do not qualify for protection, that Designating Party must

19 promptly notify all other Parties that it is withdrawing the inapplicable designation.

20 5.2 Manner and Timing of Designations. Except as otherwise provided in

21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

23 under this Order must be clearly so designated before the material is disclosed or

24 produced.

25 Designation in conformity with this Order requires:

26 (a) for information in documentary form (e.g., paper or electronic

27 documents, but excluding transcripts of depositions or other pretrial or trial

1 proceedings), that the Producing Party affix at a minimum, the legend

2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

3 contains protected material. If only a portion of the material on a page qualifies for

4 protection, the Producing Party also must clearly identify the protected portion(s)

5 (e.g., by making appropriate markings in the margins).

6 A Party or Non-Party that makes original documents available for inspection

7 need not designate them for protection until after the inspecting Party has indicated

8 which documents it would like copied and produced. During the inspection and

9 before the designation, all of the material made available for inspection shall be

10 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

11 documents it wants copied and produced, the Producing Party must determine which

12 documents, or portions thereof, qualify for protection under this Order. Then,

13 before producing the specified documents, the Producing Party must affix the

14 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

15 portion of the material on a page qualifies for protection, the Producing Party also

16 must clearly identify the protected portion(s) (e.g., by making appropriate markings

17 in the margins).

18 (b) for testimony given in depositions that the Designating Party identifies

19 the Disclosure or Discovery Material on the record, before the close of the

20 deposition all protected testimony.

21 (c) for information produced in some form other than documentary and

22 for any other tangible items, that the Producing Party affix in a prominent place on

23 the exterior of the container or containers in which the information is stored the

24 legend “CONFIDENTIAL.” If only a portion or portions of the information

25 warrants protection, the Producing Party, to the extent practicable, shall identify the

26 protected portion(s).

27 ///

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

2 failure to designate qualified information or items does not, standing alone, waive

3 the Designating Party’s right to secure protection under this Order for such material.

4 Upon timely correction of a designation, the Receiving Party must make reasonable

5 efforts to assure that the material is treated in accordance with the provisions of this

6 Order.

7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

9 designation of confidentiality at any time that is consistent with the Court’s

10 Scheduling Order.

11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

12 resolution process under Local Rule 37.1 et seq.

13 6.3 The burden of persuasion in any such challenge proceeding shall be on

14 the Designating Party. Frivolous challenges, and those made for an improper

15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

16 parties) may expose the Challenging Party to sanctions. Unless the Designating

17 Party has waived or withdrawn the confidentiality designation, all parties shall

18 continue to afford the material in question the level of protection to which it is

19 entitled under the Producing Party’s designation until the Court rules on the

20 challenge.

21 7. ACCESS TO AND USE OF PROTECTED MATERIAL

22 7.1 Basic Principles. A Receiving Party may use Protected Material that is

23 disclosed or produced by another Party or by a Non-Party in connection with this

24 Action only for prosecuting, defending or attempting to settle this Action. Such

25 Protected Material may be disclosed only to the categories of persons and under the

26 conditions described in this Order. When the Action has been terminated, a

27 Receiving Party must comply with the provisions of section 13 below (FINAL

1 DISPOSITION).

2 Protected Material must be stored and maintained by a Receiving Party at a

3 location and in a secure manner that ensures that access is limited to the persons

4 authorized under this Order.

5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

6 otherwise ordered by the court or permitted in writing by the Designating Party, a

7 Receiving Party may disclose any information or item designated

8 “CONFIDENTIAL” only to:

9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

10 well as employees of said Outside Counsel of Record to whom it is reasonably

11 necessary to disclose the information for this Action;

12 (b) the officers, directors, and employees (including House Counsel) of

13 the Receiving Party to whom disclosure is reasonably necessary for this Action;

14 (c) Experts (as defined in this Order) of the Receiving Party to whom

15 disclosure is reasonably necessary for this Action and who have signed the

16 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

17 (d) the court and its personnel;

18 (e) court reporters and their staff;

19 (f) professional jury or trial consultants, mock jurors, and Professional

20 Vendors to whom disclosure is reasonably necessary for this Action and who have

21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

22 (g) the author or recipient of a document containing the information or a

23 custodian or other person who otherwise possessed or knew the information;

24 (h) during their depositions, witnesses, and attorneys for witnesses, in the

25 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

26 requests that the witness sign the form attached as Exhibit A hereto; and (2) they

27 will not be permitted to keep any confidential information unless they sign the

1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

2 agreed by the Designating Party or ordered by the court. Pages of transcribed

3 deposition testimony or exhibits to depositions that reveal Protected Material may

4 be separately bound by the court reporter and may not be disclosed to anyone except

5 as permitted under this Stipulated Protective Order; and

6 (i) any mediator or settlement officer, and their supporting personnel,

7 mutually agreed upon by any of the parties engaged in settlement discussions.

8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

9 IN OTHER LITIGATION

10 If a Party is served with a subpoena or a court order issued in other litigation

11 that compels disclosure of any information or items designated in this Action as

12 “CONFIDENTIAL,” that Party must:

13 (a) promptly notify in writing the Designating Party. Such notification

14 shall include a copy of the subpoena or court order;

15 (b) promptly notify in writing the party who caused the subpoena or order

16 to issue in the other litigation that some or all of the material covered by the

17 subpoena or order is subject to this Protective Order. Such notification shall include

18 a copy of this Stipulated Protective Order; and

19 (c) cooperate with respect to all reasonable procedures sought to be

20 pursued by the Designating Party whose Protected Material may be affected.

21 If the Designating Party timely seeks a protective order, the Party served with

22 the subpoena or court order shall not produce any information designated in this

23 action as “CONFIDENTIAL” before a determination by the court from which the

24 subpoena or order issued, unless the Party has obtained the Designating Party’s

25 permission. The Designating Party shall bear the burden and expense of seeking

26 protection in that court of its confidential material and nothing in these provisions

27 should be construed as authorizing or encouraging a Receiving Party in this Action

1 to disobey a lawful directive from another court.

2 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

3 PRODUCED IN THIS LITIGATION

4 (a) The terms of this Order are applicable to information produced by a

5 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

6 produced by Non-Parties in connection with this litigation is protected by the

7 remedies and relief provided by this Order. Nothing in these provisions should be

8 construed as prohibiting a Non-Party from seeking additional protections.

9 (b) In the event that a Party is required, by a valid discovery request, to

10 produce a Non-Party’s confidential information in its possession, and the Party is

11 subject to an agreement with the Non-Party not to produce the Non-Party’s

12 confidential information, then the Party shall:

13 (1) promptly notify in writing the Requesting Party and the Non-Party

14 that some or all of the information requested is subject to a confidentiality

15 agreement with a Non-Party;

16 (2) promptly provide the Non-Party with a copy of the Stipulated

17 Protective Order in this Action, the relevant discovery request(s), and a reasonably

18 specific description of the information requested; and

19 (3) make the information requested available for inspection by the

20 Non-Party, if requested.

21 (c) If the Non-Party fails to seek a protective order from this court within

22 14 days of receiving the notice and accompanying information, the Receiving Party

23 may produce the Non-Party’s confidential information responsive to the discovery

24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

25 not produce any information in its possession or control that is subject to the

26 confidentiality agreement with the Non-Party before a determination by the court.

27 Absent a court order to the contrary, the Non-Party shall bear the burden and

1 expense of seeking protection in this court of its Protected Material.

2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 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.

11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

12 PROTECTED MATERIAL

13 When a Producing Party gives notice to Receiving Parties that certain

14 inadvertently produced material is subject to a claim of privilege or other protection,

15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever

17 procedure may be established in an e-discovery order that provides for production

18 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

19 (e), insofar as the parties reach an agreement on the effect of disclosure of a

20 communication or information covered by the attorney-client privilege or work

21 product protection, the parties may incorporate their agreement in the stipulated

22 protective order submitted to the court.

23 12. MISCELLANEOUS

24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

25 person to seek its modification by the Court in the future.

26 12.2 Right to Assert Other Objections. By stipulating to the entry of this

27 Protective Order, no Party waives any right it otherwise would have to object to

1 disclosing or producing any information or item on any ground not addressed in this

2 Stipulated Protective Order. Similarly, no Party waives any right to object on any

3 ground to use in evidence of any of the material covered by this Protective Order.

4 12.3 Filing Protected Material. A Party that seeks to file under seal any

5 Protected Material must comply with Local Civil Rule 79-5. Protected Material

6 may only be filed under seal pursuant to a court order authorizing the sealing of the

7 specific Protected Material at issue. If a Party’s request to file Protected Material

8 under seal is denied by the court, then the Receiving Party may file the information

9 in the public record unless otherwise instructed by the court.

10 13. FINAL DISPOSITION

11 After the final disposition of this Action, as defined in paragraph 4, within 60

12 days of a written request by the Designating Party, each Receiving Party must return

13 all Protected Material to the Producing Party or destroy such material. As used in

14 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

15 summaries, and any other format reproducing or capturing any of the Protected

16 Material. Whether the Protected Material is returned or destroyed, the Receiving

17 Party must submit a written certification to the Producing Party (and, if not the same

18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

19 (by category, where appropriate) all the Protected Material that was returned or

20 destroyed and (2) affirms that the Receiving Party has not retained any copies,

21 abstracts, compilations, summaries or any other format reproducing or capturing any

22 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

23 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

25 reports, attorney work product, and consultant and expert work product, even if such

26 materials contain Protected Material. Any such archival copies that contain or

27 constitute Protected Material remain subject to this Protective Order as set forth in

1 || Section 4 (DURATION).

2 || 14. VIOLATION

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

4 || including, without limitation, contempt proceedings and/or monetary sanctions.

5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 BOOTH LAW

7 || DATED: May 5, 2021 By: /S/ Andrew S. Pruitt

g Andrew S. Pruitt, Esq.

Attorney for Plaintiff

9 Mitchel Zohner

10

PATRICK SULLIVAN

11 CITY ATTORNEY

12 || DATED: May 5, 2021 By: /S/ Della Thompson-Bell

13 Della Thompson-Bell

Deputy City Attorney

14 Attorney for Defendant City of

15 Torrance

16 WOODRUFF, SPRADLIN & SMART

17_|| DATED: May 5, 2021 By: /S/Jason McEwen

Patrick Desmond

18 Jason McEwen

19 Attorneys for Defendants David

Chandler, Branden Nakashima and

20 Mark Pittman

21

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

23

24 Razetis, Qe

DATED: May 6, 2021 By:

2 Honorable Rozella A. Oliver

26 United States Magistrate Judge

27

28

15

EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

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 Mitchel Zohner v. City of Torrance et al., Case No. 2:20-

8

cv-04719. I agree to comply with and to be bound by all the terms of this Stipulated

9

Protective Order and I understand and acknowledge that failure to so comply could

10

expose me to sanctions and punishment in the nature of contempt. I solemnly

11

promise that I will not disclose in any manner any information or item that is subject

12

to this Stipulated Protective Order to any person or entity except in strict compliance

13

with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court for the

15

Central District of California for enforcing the terms of this Stipulated Protective

16

Order, even if such enforcement proceedings occur after termination of this action.

17

I hereby appoint __________________________ [print or type full name] of

18

_______________________________________ [print or type full address and

19

telephone number] as my California agent for service of process in connection with

20

this action or any proceedings related to enforcement of this Stipulated Protective

21

Order.

22

Date: ______________________________________

23

City and State where sworn and signed: _________________________________

24

Printed name: _______________________________

25

26

Signature: __________________________________

27

PROOF OF SERVICE

1

STATE OF CALIFORNIA, COUNTY OF ORANGE

2

I am over the age of 18 and not a party to the within action; I am employed by

3 WOODRUFF, SPRADLIN & SMART in the County of Orange at 555 Anton Boulevard,

Suite 1200, Costa Mesa, CA 92626-7670.

4

On May 5, 2021, I served the foregoing document(s) described as STIPULATED

5

PROTECTIVE ORDER

6

 by placing the true copies thereof enclosed in sealed envelopes addressed as stated

7 on the attached mailing list;

 by placing  the original  a true copy thereof enclosed in sealed envelopes

8 addressed as follows:

9  (BY MAIL) I placed said envelope(s) for collection and mailing, following

ordinary business practices, at the business offices of WOODRUFF, SPRADLIN &

10 SMART, and addressed as shown on the attached service list, for deposit in the

United States Postal Service. I am readily familiar with the practice of

11 WOODRUFF, SPRADLIN & SMART for collection and processing

correspondence for mailing with the United States Postal Service, and said

12 envelope(s) will be deposited with the United States Postal Service on said date in

the ordinary course of business.

13

 (BY ELECTRONIC SERVICE) by causing the foregoing document(s) to be

14 electronically filed using the Court’s ECF System which electronically notifies the

parties and constitutes service of the filed document(s) on the individual(s) listed on

15 the attached mailing list.

16  (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for

collection following ordinary business practices, at the business offices of

17 WOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached

service list, for collection and delivery to a courier authorized by

18 _________________________ to receive said documents, with delivery fees

provided for. I am readily familiar with the practices of WOODRUFF, SPRADLIN

19 & SMART for collection and processing of documents for overnight delivery, and

said envelope(s) will be deposited for receipt by _________________________ on

20 said date in the ordinary course of business.

21  (BY FACSIMILE) I caused the above-referenced document to be transmitted to

the interested parties via facsimile transmission to the fax number(s) as stated on the

22 attached service list.

23  (Federal) I declare that I am employed in the office of a member of the bar of this

court at whose direction the service was made. I declare under penalty of

24 perjury that the above is true and correct.

25

Executed on May 5, 2021 at Costa Mesa, California.

26

/s/ Katie E. Kane

27 Katie E. Kane

1 MITCHEL ZOHNER v. CITY OF TORRANCE, et al.

2 USDC, CENTRAL DISTRICT OF CALIFORNIA

CASE NO.: 2:20-cv-04719-MWF (ROA)

3

ASSIGNED TO HONORABLE MICHAEL W. FITZGERALD

4

SERVICE LIST

5

Roger E. Booth, Esq. Attorneys for Plaintiff

6 Andrew S. Pruitt, Esq. MITCHEL ZOHNER

Carly Leann Sanchez

7 BOOTH LAW

21250 Hawthorne Blvd., Suite 475

8 Torrance, CA 90503

T: 310.515.1361 | F: 310.540.0433

9 Email: rbooth@booth.law

apruitt@booth.law

10 csanchez@booth.law

Rekha Olsen – Law Clerk

11 rolsen@booth.law

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Patrick Q. Sullivan, Esq. Attorneys for Defendant

13 City Attorney CITY OF TORRANCE

Tatia Y. Strader, Esq.

14 Assistant City Attorney

Della D. Thompson-Bell, Esq.

15 Deputy City Attorney

3031 Torrance Blvd.

16 Torrance, CA 90503-5059

T: 310.618.5810 | F: 310.618.5813

17 Email: dthompsonbell@torranceca.gov

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