distinguishing “good cause” 2 showing for sealing documents produced in discovery from “compelling reasons” 3 standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” 2 showing for sealing documents produced in discovery from “compelling reasons” 3 standard when merits-related documents are part of court record
- even stipulated 14 protective orders require good cause showing
Written by the judges who cited it.
The opinion
LAW OFFICES OF DALE K. GALIPO
1 Dale K. Galipo, Esq. (SBN 144074)
dalekgalipo@yahoo.com
2 Marcel F. Sincich, Esq. (SBN 319508)
msincich@galipolaw.com
3 21800 Burbank Boulevard, Suite 310
Woodland Hills, CA 91367
4 Telephone: (818) 347-3333
Facsimile: (818) 347-4118
5
Attorneys for Plaintiffs DAVID BOND
6
MICHAEL N. FEUER, City Attorney - SBN 111529
7 KATHLEEN A. KENEALY, Chief Deputy City Attorney – SBN 212289
SCOTT MARCUS, Senior Assistant City Attorney - SBN 184980
8 CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453
COLLEEN R. SMITH, Deputy City Attorney – SBN 209719
9 200 North Main Street, 6th Floor, City Hall East
Los Angeles, CA 90012
10 Phone No.: (213) 978-7027
Fax No.: (213) 978-8785
11 Email: colleen.smith@lacity.org
12 Attorneys for Defendant CITY OF LOS ANGELES
13
14 UNITED STATES DISTRICT COURT
15 CENTRAL DISTRICT OF CALIFORNIA
16
DAVID BOND, CASE No.: 2:21−cv−01327−RGK (JEMx
17
Plaintiff, [Honorable R. Gary Klausner]
18
vs.
19 STIPULATED PROTECTIVE
CITY OF LOS ANGELES; and
ORDER
DOES 1-10, inclusive,
20
21 Defendants. [[PXrXopXoXseXd] Protective Order filed
concurrently herewith]
22
23 DISCOVERY DOCUMENT:
REFERRED TO MAGISTRATE
24
JUDGE JOHN E. MCDERMOTT
25
26
27
1 1. A. PURPOSES AND LIMITATIONS
2 Disclosure and discovery activity in this Action are likely to involve
3 production of confidential, proprietary, or private information for which special
4 protection from public disclosure and from use for any purpose other than
5 prosecuting this litigation may be warranted. Accordingly, the parties hereby
6 stipulate to and petition the Court to enter the following Stipulated Protective
7 Order. The parties acknowledge that this Order does not confer blanket
8 protections on all disclosures or responses to discovery and that the protection it
9 affords from public disclosure and use extends only to the limited information or
10 items that are entitled to confidential treatment under the applicable legal
11 principles.
12 The parties further acknowledge, as set forth in Section 12.3, below, that
13 this Stipulated Protective Order does not entitle them to file confidential
14 information under seal; Civil Local Rule 79-5 sets forth the procedures that must
15 be followed and the standards that will be applied when a party seeks permission
16 from the court to file material under seal.
17
18 B. GOOD CAUSE STATEMENT
19 This Action involves the alleged use of use of force against David Bond by
20 members of the Los Angeles Police Department. Plaintiff is seeking materials and
21 information that the Los Angeles Police Department and Defendant City of Los
22 Angeles (“City”) maintains as confidential, such as personnel files of the police
23 officers involved in this incident, Internal Affairs materials and information, video
24 recordings, audio recordings, photographs, Force Investigation Division materials
25 and information and other administrative materials and information currently in the
26 possession of the City and which the City believes need special protection from
27 public disclosure and from use for any purpose other than prosecuting this litigation.
1 contain official information and which the City maintains as strictly confidential
2 and which the City believes need special protection from public disclosure and from
3 use for any purpose other than prosecuting this litigation. Additionally, any official
4 information materials produced to Plaintiffs during the course of discovery in this
5 litigation and any subsequent reproduction thereof, as well as private information
6 of the Los Angeles Police Department employees, the City maintains as strictly
7 confidential and which the City believes need special protection from public
8 disclosure and from use for any purpose other than prosecuting this litigation.
9 These documents also include sensitive law enforcement information. Limiting
10 disclosure of these documents to the context of this litigation as provided herein
11 will, accordingly, further important law-enforcement objectives and interests,
12 including safety of personnel and the public. The City of Los Angeles preserves all
13 objections to the production of certain of the above referenced materials, and by
14 entering into this protective order in no waives any such objection.
15 The City asserts that the confidentiality of the materials and information
16 sought by Plaintiff is recognized by California and federal law, as evidenced inter
17 alia by California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for
18 N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City
19 has not publicly released the materials and information referenced above except
20 under protective order or pursuant to a court order, if at all. These materials and
21 information are of the type that has been used to initiate disciplinary action against
22 Los Angeles Police Department (“LAPD”) officers, and has been used as evidence
23 in disciplinary proceedings, where the officers’ conduct was considered to be
24 contrary to LAPD policy.
25 The City contends that absent a protective order delineating the
26 responsibilities of nondisclosure on the part of the parties hereto, there is a specific
27 risk of unnecessary and undue disclosure by one or more of the many attorneys,
1 as the corollary risk of embarrassment, harassment and professional and legal harm
2 on the part of the LAPD officers referenced in the materials and information.
3 The City also contends that the unfettered disclosure of the materials and
4 information, absent a protective order, would allow the media to share this
5 information with potential jurors in the area, impacting the rights of the City herein
6 to receive a fair trial.
7 Further, Plaintiff’s medical records including photographs of his injuries
8 which depict his inguinal region, and other personal or financial information also
9 needs special protection from public disclosure.
10 Special protection of these documents from public disclosure and from use
11 for any purpose other than the prosecution, defense, and attempted settlement of
12 this Action may be warranted. Public disclosures of such confidential and
13 proprietary materials and information, information otherwise generally
14 unavailable to the public, may be privileged or otherwise protected from
15 disclosure under state or federal statutes, court rules, case decisions, or common
16 law. Accordingly, to expedite the flow of information, to facilitate the prompt
17 resolution of disputes over confidentiality of discovery materials, to adequately
18 protect information the parties are entitled to keep confidential, to ensure that the
19 parties are permitted reasonable necessary uses of such material in preparation for
20 and in the conduct of trial, to address their handling at the end of the litigation,
21 and serve the ends of justice, a protective order for such information is justified in
22 this matter. It is the intent of the parties that information will not be designated as
23 confidential for tactical reasons and that nothing be so designated without a good
24 faith belief that it has been maintained in a confidential, non-public manner, and
25 there is good cause why it should not be part of the public record of this case.
26 / / /
27 / / /
1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING
2 UNDER SEAL
3 The parties further acknowledge, as set forth in Section 12.3, below, that
4 this Stipulated Protective Order does not entitle them to file confidential
5 information under seal; Local Civil Rule 79-5 sets forth the procedures that must
6 be followed and the standards that will be applied when a party seeks permission
7 from the court to file material under seal.
8 There is a strong presumption that the public has a right of access to judicial
9 proceedings and records in civil cases. In connection with non-dispositive
10 motions, good cause must be shown to support a filing under seal. See Kamakana
11 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.
12 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.
13 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
14 protective orders require good cause showing), and a specific showing of good
15 cause or compelling reasons with proper evidentiary support and legal
16 justification, must be made with respect to Protected Material that a party seeks to
17 file under seal. The parties’ mere designation of Disclosure or Discovery Material
18 as CONFIDENTIAL does not—without the submission of competent evidence by
19 declaration, establishing that the material sought to be filed under seal qualifies as
20 confidential, privileged, or otherwise protectable—constitute good cause.
21 Further, if a party requests sealing related to a dispositive motion or trial,
22 then compelling reasons, not only good cause, for the sealing must be shown, and
23 the relief sought shall be narrowly tailored to serve the specific interest to be
24 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
25 2010). For each item or type of information, document, or thing sought to be filed
26 or introduced under seal in connection with a dispositive motion or trial, the party
27 seeking protection must articulate compelling reasons, supported by specific facts
1 supporting the application to file documents under seal must be provided by
2 declaration.
3 Any document that is not confidential, privileged, or otherwise protectable
4 in its entirety will not be filed under seal if the confidential portions can be
5 redacted. If documents can be redacted, then a redacted version for public
6 viewing, omitting only the confidential, privileged, or otherwise protectable
7 portions of the document, shall be filed. Any application that seeks to file
8 documents under seal in their entirety should include an explanation of why
9 redaction is not feasible.
10
11 2. DEFINITIONS
12 2.1 Action: This pending federal law suit entitled Bond v. City of Los
13 Angeles, Case No. 2:21-cv-01327-RGK (JEMx).
14 2.2 Challenging Party: a Party or Non-Party that challenges the
15 designation of information or items under this Order.
16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
17 how it is generated, stored or maintained) or tangible things that qualify for
18 protection under Federal Rule of Civil Procedure 26(c). This also includes (1) any
19 information copied or extracted from the Confidential information; (2) all copies,
20 excerpts, summaries, abstracts or compilations of Confidential information; and (3)
any testimony, conversations, or presentations that might reveal Confidential
21
information.
22
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
23
their support staff).
24
2.5 Designating Party: a Party or Non-Party that designates information
25
or items that it produces in disclosures or in responses to discovery as
26
“CONFIDENTIAL.”
27
1 2.6 Disclosure or Discovery Material: all items or information, regardless
2 of the medium or manner in which it is generated, stored, or maintained
3 (including, among other things, testimony, transcripts, and tangible things), that
4 are produced or generated in disclosures or responses to discovery in this matter.
5 2.7 Expert: a person with specialized knowledge or experience in a
6 matter pertinent to the litigation who has been retained by a Party or its counsel to
7 serve as an expert witness or as a consultant in this Action.
8 2.8 Final Disposition: when this Action has been fully and completely
9 terminated by way of settlement, dismissal, trial, appeal and/or remand to state
10 court.
11 2.9 House Counsel: attorneys who are employees of a party to this
12 Action. House Counsel does not include Outside Counsel of Record or any other
13 outside counsel.
14 2.10 Non-Party: any natural person, partnership, corporation, association,
15 or other legal entity not named as a Party to this Action.
16 2.11 Outside Counsel of Record: attorneys who are not employees of a
17 party to this Action but are retained to represent or advise a party to this Action
18 and have appeared in this Action on behalf of that party or are affiliated with a law
19 firm which has appeared on behalf of that party, and includes support staff.
20 2.12 Party: any party to this Action, including all of its officers, directors,
21 employees, consultants, retained experts, and Outside Counsel of Record (and
22 their support staffs).
23 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
24 Discovery Material in this Action.
25 2.14 Professional Vendors: persons or entities that provide litigation
26 support services (e.g., photocopying, videotaping, translating, preparing exhibits
27 or demonstrations, and organizing, storing, or retrieving data in any form or
1 2.15 Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL.”
3 2.16 Receiving Party: a Party that receives Disclosure or Discovery
4 Material from a Producing Party.
5
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 Materials at trial.
14
15 4. DURATION
16 FINAL DISPOSITION of the action is defined herein as the conclusion of
17 any appellate proceedings, or, if no appeal is taken, when the time for filing of an
18 appeal has run. Except as set forth below, the terms of this protective order apply
19 through FINAL DISPOSITION of the action. The parties may stipulate that the
20 they will be contractually bound by the terms of this agreement beyond FINAL
DISPOSITION, but will have to file a separate action for enforcement of the
21
agreement once all proceedings in this case are complete.
22
Once a trial commences in this Action, information that was designated as
23
CONFIDENTIAL or maintained pursuant to this protective order and that is
24
introduced or admitted as an exhibit at trial becomes public and will be
25
presumptively available to all members of the public, including the press, unless
26
compelling reasons supported by specific factual findings to proceed otherwise are
27
1 of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
2 showing for sealing documents produced in discovery from “compelling reasons”
3 standard when merits-related documents are part of court record). Accordingly,
4 the terms of this protective order do not extend beyond the commencement of the
5 trial as to the CONFIDENTIAL information and materials introduced or admitted
6 as an exhibit at trial.
7
8 5. DESIGNATING PROTECTED MATERIAL
9 5.1 Exercise of Restraint and Care in Designating Material for
10 Protection. Each Party or Non-Party that designates information or items for
11 protection under this Order must take care to limit any such designation to specific
12 material that qualifies under the appropriate standards. The Designating Party
13 must designate for protection only those parts of material, documents, items, or
14 oral or written communications that qualify so that other portions of the material,
15 documents, items, or communications for which protection is not warranted are
16 not swept unjustifiably within the ambit of this Order.
17 Mass, indiscriminate, or routinized designations are prohibited.
18 Designations that are shown to be clearly unjustified or that have been made for
19 an improper purpose (e.g., to unnecessarily encumber or retard the case
20 development process or to impose unnecessary expenses and burdens on other
21 parties) expose the Designating Party to sanctions.
22 If it comes to a Designating Party’s attention that information or items that
23 it designated for protection do not qualify for protection, that Designating Party
24 must promptly notify all other Parties that it is withdrawing the inapplicable
25 designation.
26 5.2 Manner and Timing of Designations. Except as otherwise provided
27 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
1 protection under this Order must be clearly so designated before the material is
2 disclosed or produced.
3 Designation in conformity with this Order requires:
4 (a) for information in documentary form (e.g., paper or electronic
5 documents, but excluding transcripts of depositions or other pretrial or trial
6 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
7 words of a similar effect, which also may include the case name and case number
8 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected
9 material. If only a portion or portions of the material on a page qualifies for
10 protection, the Producing Party also must clearly identify the protected portion(s)
11 (e.g., by making appropriate markings in the margins).
12 A Party or Non-Party that makes original documents available for
13 inspection need not designate them for protection until after the inspecting Party
14 has indicated which documents it would like copied and produced. During the
15 inspection and before the designation, all of the material made available for
16 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
17 identified the documents it wants copied and produced, the Producing Party must
18 determine which documents, or portions thereof, qualify for protection under this
19 Order. Then, before producing the specified documents, the Producing Party must
20 affix the “CONFIDENTIAL legend” to each page that contains Protected
21 Material. If only a portion of the material on a page qualifies for protection, the
22 Producing Party also must clearly identify the protected portion(s) (e.g., by
23 making appropriate markings in the margins).
24 (b) for testimony given in depositions that the Designating Party identifies
25 the Disclosure or Discovery Material on the record, before the close of the
26 deposition all protected testimony. Any questions intended to elicit testimony
27 regarding the contents of the Confidential Information shall be conducted only in
1 provided in this Order. Any deposition transcript containing such questions and
2 testimony shall be subject to the same protections and precautions applicable to
3 the Confidential Information. When it is impractical to identify separately each
4 portion of testimony that is entitled to protection and it appears that substantial
5 portions of the testimony may qualify for protection, the Designating Party may
6 invoke on the record (before the deposition, hearing, or other proceeding is
7 concluded) a right to identify the specific portions of the testimony as to which
8 protection is sought and to specify the level of protection being asserted within a
9 reasonable time after receiving the deposition transcript. Only those portions of
10 the testimony that are appropriately designated for protection shall be covered by
11 the provisions of this Stipulated Protective Order. Alternatively, a Designating
12 Party may specify, at the deposition that the entire transcript shall be treated as
13 “CONFIDENTIAL”.
14 Parties shall give the other parties notice if they reasonably expect a
15 deposition, hearing or other proceeding to include Protected Material so that the
16 other parties can ensure that only authorized individuals who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those
18 proceedings. The use of a document as an exhibit at a deposition shall not in any
19 way affect its designation as “CONFIDENTIAL”.
20 (c) for information produced in some form other than documentary and for
21 any other tangible items, that the Producing Party affix in a prominent place on
22 the exterior of the container or containers in which the information is stored the
23 legend “CONFIDENTIAL.” If only a portion or portions of the information
24 warrants protection, the Producing Party, to the extent practicable, shall identify
25 the protected portion(s).
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
27 failure to designate qualified information or items does not, standing alone, waive
1 material. Upon timely correction of a designation, the Receiving Party must make
2 reasonable efforts to assure that the material is treated in accordance with the
3 provisions of this Order.
4
5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
7 designation of confidentiality at any time consistent with the Court’s Scheduling
8 Order.
9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
10 resolution process under Local Rule 37.1 et seq.
11 6.3 Judicial Intervention. Any challenge to the designation of
12 confidentiality shall be in accordance with the Federal Rules of Civil Procedure
13 and the Court’s rules concerning discovery. The burden of persuasion in any such
14 challenge proceeding shall be on the Designating Party. Frivolous challenges, and
15 those made for an improper purpose (e.g., to harass or impose unnecessary
16 expenses and burdens on other parties) may expose the Challenging Party to
17 sanctions. Unless the Designating Party has waived or withdrawn, 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
22 7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1 Basic Principles. A Receiving Party may use Protected Material that
24 is disclosed or produced by another Party or by a Non-Party in connection with
25 this Action only for prosecuting, defending, or attempting to settle this Action.
26 Such Protected Material may be disclosed only to the categories of persons and
27 under the conditions described in this Order. When the Action has been
1 below (FINAL 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 litigation and who
21 have 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
26 party requests that the “Acknowledgment and Agreement to Be Bound;” and (2)
27 they will not be permitted to keep any confidential information unless they sign
1 the Designating Party or ordered by the Court. Pages of transcribed deposition
2 testimony or exhibits to depositions that reveal Protected Material may be
3 separately bound by the court reporter and may not be disclosed to anyone except
4 as permitted under this Stipulated Protective Order; and
5 (i) any mediator or settlement officer, and their supporting personnel,
6 mutually agreed upon by any of the parties engaged in settlement discussions.
7 7.3. Retention. Counsel making the disclosure to any qualified person
8 described herein shall retain the original executed copy of the Acknowledgment and
9 Agreement to Be Bound until sixty (60) days after this litigation has become final,
10 including any appellate review, and monitoring of an injunction. Counsel for the
11 Receiving Party shall maintain all signed Acknowledgment and Agreement to Be
Bound and shall produce the original signature page upon reasonable written notice
12
from opposing counsel. If an issue arises regarding a purported unauthorized
13
disclosure of Confidential Information, upon noticed motion of contempt filed by
14
the Designating Party, counsel for the Receiving Party may be required to file the
15
signed Acknowledgment and Agreement to Be Bound, as well as a list of the
16
disclosed materials, in camera with the Court having jurisdiction of the Stipulated
17
Protective Order.
18
19
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
20
PRODUCED IN OTHER LITIGATION
21
If a Party is served with a subpoena or a court order issued in other
22
litigation that compels disclosure of any information or items designated in this
23
Action as “CONFIDENTIAL,” that Party must:
24
(a) promptly notify in writing the Designating Party. Such notification
25
shall include a copy of the subpoena or court order;
26
(b) promptly notify in writing the party who caused the subpoena or
27
order to issue in the other litigation that some or all of the material covered by the
1 subpoena or order is subject to this Protective Order. Such notification shall
2 include a copy of this Stipulated Protective Order; and
3 (c) cooperate with respect to all reasonable procedures sought to be
4 pursued by the Designating Party whose Protected Material may be affected.
5 If the Designating Party timely seeks a protective order, the Party served
6 with the subpoena or court order shall not produce any information designated in
7 this Action as “CONFIDENTIAL” before a determination by the court from
8 which the subpoena or order issued, unless the Party has obtained the Designating
9 Party’s permission. The Designating Party shall bear the burden and expense of
10 seeking protection in that court of its confidential material – and nothing in these
11 provisions should be construed as authorizing or encouraging a Receiving Party in
12 this Action to disobey a lawful directive from another court.
13
14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
15 PRODUCED IN THIS LITIGATION
16 (a) The terms of this Order are applicable to information produced by a
17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such
18 information produced by Non-Parties in connection with this litigation is protected
19 by the remedies and relief provided by this Order. Nothing in these provisions
20 should be construed as prohibiting a Non-Party from seeking additional
21 protections.
22 (b) In the event that a Party is required, by a valid discovery request, to
23 produce a Non-Party’s confidential information in its possession, and the Party is
24 subject to an agreement with the Non-Party not to produce the Non-Party’s
25 confidential information, then the Party shall:
26 1) promptly notify in writing the Requesting Party and the Non-
27 Party that some or all of the information requested is subject to a confidentiality
1 2) promptly provide the Non-Party with a copy of the Stipulated
2 Protective Order in this litigation, the relevant discovery request(s), and a
3 reasonably specific description of the information requested; and
4 3) make the information requested available for inspection by the
5 Non-Party.
6 (c) If the Non-Party fails to object or seek a protective order from this
7 Court within 14 days of receiving the notice and accompanying information, the
8 Receiving Party may produce the Non-Party’s confidential information responsive
9 to the discovery request. If the Non-Party timely seeks a protective order, the
10 Receiving Party shall not produce any information in its possession or control that
11 is subject to the confidentiality agreement with the Non-Party before a
12 determination by the court. Absent a court order to the contrary, the Non-Party
13 shall bear the burden and expense of seeking protection in this court of its
14 Protected Material.
15
16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
17 If a Receiving Party learns that, by inadvertence or otherwise, it has
18 disclosed Protected Material to any person or in any circumstance not authorized
19 under this Stipulated Protective Order, the Receiving Party must immediately (a)
20 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
21 best efforts to retrieve all unauthorized copies of the Protected Material, (c)
22 inform the person or persons to whom unauthorized disclosures were made of all
23 the terms of this Order, and (d) request such person or persons to execute the
24 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
25 A.
26
27 / / /
1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
2 OTHERWISE PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain
4 inadvertently produced material is subject to a claim of privilege or other
5 protection, the obligations of the Receiving Parties are those set forth in Federal
6 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
7 whatever procedure may be established in an e-discovery order that provides for
8 production without prior privilege review. Pursuant to Federal Rule of Evidence
9 502(d) and (e), insofar as the parties reach an agreement on the effect of
10 disclosure of a communication or information covered by the attorney-client
11 privilege or work product protection, the parties may incorporate their agreement
12 in the Stipulated Protective Order submitted to the Court.
13
14 12. MISCELLANEOUS
15 12.1 Right to Further Relief. Nothing in this Order abridges the right of
16 any person to seek its modification by the Court in the future.
17 12.2 Right to Assert Other Objections. By stipulating to the entry of this
18 Protective Order no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in
20 this Stipulated Protective Order. Similarly, no Party waives any right to object on
21 any ground to use in evidence of any of the material covered by this Protective
22 Order.
23 12.3 Filing Protected Material. A Party that seeks to file under seal any
24 Protected Material must comply with Civil Local Rule 79-5. Protected Material
25 may only be filed under seal pursuant to a court order authorizing the sealing of
26 the specific Protected Material at issue. If a Receiving Party’s request to file
27 Protected Material under seal is denied by the Court, then the Receiving Party
1 Court.
2
3 13. FINAL DISPOSITION
4 After the final disposition of this Action, as defined in paragraphs 2.8 and
5 4, within sixty (60) days of a written request by the Designating Party, each
6 Receiving Party must return all Protected Material to the Producing Party or
7 destroy such material. As used in this subdivision, “all Protected Material”
8 includes all copies, abstracts, compilations, summaries, and any other format
9 reproducing or capturing any of the Protected Material. Whether the Protected
10 Material is returned or destroyed, the Receiving Party must submit a written
11 certification to the Producing Party (and, if not the same person or entity, to the
12 Designating Party) by the 60 day deadline that (1) identifies (by category, where
13 appropriate) all the Protected Material that was returned or destroyed and (2)
14 affirms that the Receiving Party has not retained any copies, abstracts,
15 compilations, summaries or any other format reproducing or capturing any of the
16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain
17 an archival copy of all pleadings, motion papers, trial, deposition, and hearing
18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
19 reports, attorney work product, and consultant and expert work product, even if
20 such materials contain Protected Material. Any such archival copies that contain
21 or constitute Protected Material remain subject to this Protective Order as set forth
22 in Section 4 (DURATION).
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
1 14. VIOLATION
2 Any violation of this Order may be punished by any and all appropriate
3 measures including, without limitation, contempt proceedings and/or monetary
4 sanctions.
5
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
7
Dated: June 7, 2021 THE LAW OFFICES OF DALE K. GALIPO
8
9 /s/ Marcel F. Sincich
Dale K. Galipo, Esp.
10
Marcel F. Sincich, Esq.
11 Attorney for Plaintiff DAVID BOND
12
Dated: August 9, 2021 MICHAEL N. FEUER, City Attorney
13 KATHLEEN A. KENEALY, Chief Dep. City Attorney
SCOTT MARCUS, Senior Assistant City Attorney
14
CORY M. BRENTE, Senior Assistant City Attorney
15
By: /s/ Colleen R. Smith
16 COLLEEN R. SMITH 1, Deputy City Attorney
17 Attorneys for Defendant, CITY OF LOS
ANGELES
18
19
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
20
21 DATED: 8/12/21 _______________________________________
22 Honorable John E. McDermott
United States Magistrate Judge
23
24
25
26
27 1 I, Colleen R. Smith, hereby attest that all the signatories listed, and on whose behalf the filing
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of
5 ____________________________________ [print or type full address], declare
6 under penalty of perjury that I have read in its entirety and understand the
7 Stipulated Protective Order that was issued by the United States District Court for
8 the Central District of California on ________________[date] in the case of Bond
9 v. City of Los Angeles; Case No.: 2:21−cv−01327−RGK (JEMx). I agree to
10 comply with and to be bound by all the terms of this Stipulated Protective Order
11 and I understand and acknowledge that failure to so comply could expose me to
12 sanctions and punishment in the nature of contempt. I solemnly promise that I
13 will not disclose in any manner any information or item that is subject to this
14 Stipulated Protective Order to any person or entity except in strict compliance
15 with the provisions of this Order.
16 I further agree to submit to the jurisdiction of the United States District
17 Court for the Central District of California for the purpose of enforcing the terms
18 of this Stipulated Protective Order, even if such enforcement proceedings occur
19 after termination of this action. I hereby appoint __________________________
20 [print or type full name] of _______________________________________ [print
21 or type full address and telephone number] as my California agent for service of
22 process in connection with this action or any proceedings related to enforcement
23 of this Stipulated Protective Order.
24
25 Date: _____________ Signature:
26 Printed Name:
27 City and State where sworn and signed: