The opinion
MICHAEL N. FEUER, City Attorney - SBN 111529
1
KATHLEEN A. KENEALY, Chief Deputy City Attorney – SBN 212289
SCOTT MARCUS, Senior Assistant City Attorney - SBN 184980
2
CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453
COLLEEN R. SMITH, Deputy City Attorney – SBN 209719
3
200 North Main Street, 6th Floor, City Hall East
4 Los Angeles, CA 90012
Phone No.: (213) 978-7027
5 Fax No.: (213) 978-8785
Email: colleen.smith@lacity.org
6
Attorneys for Defendants CITY OF LOS ANGELES, SERGEANT DAN WIDMAN,
7 OFFICER SCOTT, OFFICER JUAN GALVAN, OFFICER SIERRA and
OFFICER KELLY
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
YVONNE MENDOZA, RAYMUND CASE NO.: CV21-04614-KS
12 MENDOZ, and MARJORIE MARINO, Hon. Mag. Karen L. Stevenson, CTRM 580
as Administrators of the Estate of
13 Rommel Mendoza,
(Roybal)
14 Plaintiffs, STIPULATED PROTECTIVE
v. ORDER AND [PROPOSED] ORDER
15
CITY OF LOS ANGELES; a public
16
entity, OFFICER DANIEL HARTY,
17 SERGEANT J. HARDACKER,
SERGEANT DAN WIDMAN,
18 OFFICER SCOTT, OFFICER JUAN
GALVAN, OFFICER SIERRA,
19 OFFICER KELLY, and DOES 1-30,
20 Defendants.
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22
23 1. PURPOSES AND LIMITATIONS
24 Discovery in this action is likely to involve production of confidential,
25 proprietary, or private information for which special protection from public disclosure
26 and from use for any purpose other than prosecuting this litigation may be warranted.
27 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
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1 Stipulated Protective Order. The parties acknowledge that this Stipulated Protective
2 Order does not confer blanket protections on all disclosures or responses to discovery
3 and that the protection it affords from public disclosure and use extends only to the
4 limited information or items that are entitled to confidential treatment under the
5 applicable legal principles. The parties further acknowledge, as set forth in Section
6 13.3 below, that this Stipulated Protective Order does not entitle them to file
7 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that
8 must be followed and the standards that will be applied when a party seeks permission
9 from the Court to file material under seal.
10
11 2. GOOD CAUSE STATEMENT
12 This action involves the City of Los Angeles and members of the Los Angeles
13 Police Department. Plaintiffs are seeking materials and information that Defendants
14 the City of Los Angeles et al. (“City”) maintain as confidential, such as personnel files
15 of the police officers involved in this incident, Internal Affairs materials and
16 information, video recordings, audio recordings, photographs, Force Investigation
17 Division materials and information and other administrative materials and information
18 currently in the possession of the City and which the City believes need special
19 protection from public disclosure and from use for any purpose other than prosecuting
20 this litigation. Plaintiffs are also seeking official information contained in the personnel
21 files of the police officers involved in the subject incident, which the City maintains as
22 strictly confidential and which the City believes need special protection from public
23 disclosure and from use for any purpose other than prosecuting this litigation.
24 The City asserts that the confidentiality of the materials and information sought
25 by Plaintiffs is recognized by California and federal law, as evidenced inter alia by
26 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal.,
27 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City has not publicly
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1 released the materials and information referenced above except under protective order
2 or pursuant to a court order, if at all. These materials and information are of the type
3 that has been used to initiate disciplinary action against Los Angeles Police Department
4 (“LAPD”) officers, and has been used as evidence in disciplinary proceedings, where
5 the officers’ conduct was considered to be contrary to LAPD policy.
6 The City contends that absent a protective order delineating the responsibilities
7 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary
8 and undue disclosure by one or more of the many attorneys, secretaries, law clerks,
9 paralegals and expert witnesses involved in this case, as well as the corollary risk of
10 embarrassment, harassment and professional and legal harm to the LAPD officers
11 referenced in the materials and information.
12 The City also contends that the unfettered disclosure of the materials and
13 information, absent a protective order, would allow the media to share this information
14 with potential jurors in the area, impacting the rights of the City and the individual
15 Defendant LAPD officers herein to receive a fair trial.
16 Accordingly, to expedite the flow of information, to facilitate the prompt
17 resolution of disputes over confidentiality of discovery materials, to adequately protect
18 information the parties are entitled to keep confidential, to ensure that the parties are
19 permitted reasonable necessary uses of such material in preparation for and in the
20 conduct of trial, to address their handling at the end of the litigation, and serve the ends
21 of justice, a protective order for such information is justified in this matter. It is the
22 intent of the parties that information will not be designated as confidential for tactical
23 reasons and that nothing be so designated without a good faith belief that it has been
24 maintained in a confidential, non-public manner, and there is good cause why it should
25 not be part of the public record of this case.
26
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1 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve
2 the respective interests of the parties while streamlining the process of resolving any
3 disagreements.
4 The parties stipulate that there is Good Cause for, and hereby jointly request that
5 the honorable Court issue a Protective Order regarding confidential documents
6 consistent with the terms and provisions of this Stipulation. However, the entry of a
7 Protective Order by the Court pursuant to this Stipulation shall not be construed as any
8 ruling by the Court on the aforementioned legal statements or privilege claims in this
9 section, nor shall this section be construed as part of any such Court Order.
10
11 3. DEFINITIONS
12 3.1 Action: This pending federal lawsuit, Yvonne Mendoza, et al., v. City of
13 Los Angeles, et al. CV21-04614 KS.
14 3.2 Challenging Party: a Party or Non-Party that challenges the designation
15 of information or items under this Order.
16 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of
17 how it is generated, stored or maintained) or tangible things that qualify for protection
18 under Federal Rule of Civil Procedure 26(c), and/or applicable federal privileges, and
19 as specified above in the Good Cause Statement. This also includes (1) any information
20 copied or extracted from the Confidential information; (2) all copies, excerpts,
21 summaries, abstracts or compilations of Confidential information; and (3) any
22 testimony, conversations, or presentations that might reveal Confidential information.
23 Confidential Information does not include information that was publicly
24 available and not protected previously from disclosure prior to the date of production in
25 this Action of Confidential Information, such as testimony at a trial or a deposition in
26 another matter. The party asserting the non-confidentiality of such documents and
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1 information has the burden of establishing the non-confidentiality of such documents
2 and information and also that they were previously publicly available.
3
4 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
5 support staff), including counsel of record for the parties to this civil litigation and their
6 support staff.
7 3.5 Designating Party: A Party or Nonparty that designates information or
8 items that it produces in disclosures or in responses to discovery as
9 “CONFIDENTIAL.”
10 3.6 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 by any Party in this matter.
14 3.7 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 an
16 expert witness or as a consultant in this Action.
17 3.8 Final Disposition: when this Action has been fully and completely
18 terminated by way of settlement, dismissal, trial, appeal and/or remand to state court.
19 3.9 House Counsel: Attorneys who are employees of a party to this Action.
20 House Counsel does not include Outside Counsel of Record or any other outside
21 counsel.
22 3.10 Non-party: Any natural person, partnership, corporation, association or
23 other legal entity not named as a Party to this action.
24 3.11 Outside Counsel of Record: Attorneys who are not employees of a party
25 to this Action but are retained to represent or advise a party to this Action and have
26 appeared in this Action on behalf of that party or are affiliated with a law firm that has
27 appeared on behalf of that party, and includes support staff.
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1 3.12 Party: Any party to this Action, including all of its officers, directors,
2 boards, departments, divisions, employees, consultants, retained experts, House
3 Counsel, and Outside Counsel of Record (and their support staffs).
4 3.13 Producing Party: A Party or Nonparty that produces Disclosure or
5 Discovery Material in this Action, including a Party that is defending a deposition
6 noticed or subpoenaed by another Party.3.14 Professional Vendors: Persons or
7 entities that provide litigation support services (e.g., photocopying, videotaping,
8 translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving
9 data in any form or medium) and their employees and subcontractors.
10 3.15 Protected Material: Any Disclosure or Discovery Material that is
11 designated as “CONFIDENTIAL.” (The term "Confidential Document" shall be
12 synonymous with the term "Protected Material" for the purposes of this Stipulation and
13 any associated Protective Order.)
14 3.16 Receiving Party: A Party that receives Disclosure or Discovery Material
15 from a Producing Party, including a Party that has noticed or subpoenaed and is taking
16 a deposition or comparable testimony.
17
18 4. SCOPE
19 The protections conferred by this Stipulated and Order cover not only Protected
20 Material (as defined above), but also (1) any information copied or extracted from
21 Protected Material; (2) all copies, excerpts, abstracts, summaries, or compilations of
22 Protected Material; and (3) any testimony, conversations, or presentations by Parties or
23 their Counsel that might reveal Protected Material.
24 Any use of Protected Material at trial shall be governed by the orders of the trial
25 judge. This Order does not govern the use of Protected Material at trial.
26
27 5. DURATION
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1 Even after Final Disposition, as set forth in Section 3.8 above, of this litigation,
2 the confidentiality obligations imposed by this Order shall remain in effect until a
3 Designating Party agrees otherwise in writing or a court order otherwise directs. Final
4 disposition of this pending federal Action shall be deemed to be the later of (1)
5 dismissal of all claims and defenses in this Action, with or without prejudice; and (2)
6 final judgment herein after the completion and exhaustion of all appeals, rehearings,
7 remands (as it relates to appeals of this federal Action), trials, or reviews of this Action,
8 including the time limits for filing any motions or applications for extension of time
9 pursuant to applicable law.
10
11 6. DESIGNATING PROTECTED MATERIAL
12 6.1 Exercise of Restraint and Care in Designating Material for Protection.
13 Each Party or Nonparty that designates information or items for protection under
14 this Order must take care to limit any such designation to specific material that qualifies
15 under the appropriate standards. The Designating Party must designate for protection
16 only those parts of material, documents, items or oral or written communications that
17 qualify so that other portions of the material, documents, items or communications for
18 which protection is not warranted are not swept unjustifiably within the ambit of this
19 Order.
20 Mass, indiscriminate or routinized designations are prohibited. Designations that
21 are shown to be clearly unjustified or that have been made for an improper purpose
22 (e.g., to unnecessarily encumber the case development process or to impose
23 unnecessary expenses and burdens on other parties) may expose the Designating Party
24 to sanctions.
25 If it comes to a Designating Party’s attention that information or items that it
26 designated for protection do not qualify for protection, that Designating Party must
27 promptly notify all other Parties that it is withdrawing the inapplicable designation.
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1 6.2 Manner and Timing of Designations. Except as otherwise provided in
2 this Order(see, e.g., second paragraph of section 6.2(a) below), or as otherwise
3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
4 under this Order must be clearly so designated before the material is disclosed or
5 produced.
6 Designation in conformity with this Order requires:
7 (a) for information in documentary form (e.g., paper or electronic documents,
8 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
9 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of a
10 similar effect, and that includes the case name and case number (hereinafter
11 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
12 portion of the material on a page qualifies for protection, the Producing Party also must
13 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
14 margins).
15 A Party or Nonparty that makes original documents available for inspection need
16 not designate them for protection until after the inspecting Party has indicated which
17 documents it would like copied and produced. During the inspection and before the
18 designation, all of the material made available for inspection shall be deemed
19 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
20 copied and produced, the Producing Party must determine which documents, or
21 portions thereof, qualify for protection under this Order. Then, before producing the
22 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to
23 each page that contains Protected Material. If only a portion of the material on a page
24 qualifies for protection, the Producing Party also must clearly identify the protected
25 portion(s) (e.g., by making appropriate markings in the margins).
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1 (b) for testimony given in depositions that the Designating Party identifies the
2 Disclosure or Discovery Material on the record, before the close of the deposition all
3 protected testimony.
4 (c) for information produced in some form other than documentary and for any
5 other tangible items, that the Producing Party affix in a prominent place on the exterior
6 of the container or containers in which the information is stored the legend
7 “CONFIDENTIAL.” If only a portion or portions of the information warrants
8 protection, the Producing Party, to the extent practicable, shall identify the protected
9 portion(s).
10 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
11 failure to designate qualified information or items does not, standing alone, waive the
12 Designating Party’s right to secure protection under this Order for such material. Upon
13 timely correction of a designation, the Receiving Party must make reasonable efforts to
14 assure that the material is treated in accordance with the provisions of this Order.
15 6.4 Alteration of Confidentiality Stamp Prohibited. A Receiving Party
16 shall not alter, edit, or modify any Protected Material so as to conceal, obscure, or
17 remove a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take
18 any other action so as to make it appear that Protected Material is not subject to the
19 terms and provisions of this Stipulation and its associated Order. However, nothing in
20 this section shall be construed so as to prevent a Receiving Party from challenging a
21 confidentiality designation subject to the provisions of section 7, infra.
22
23 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
24 7.1 Timing of Challenges. Any Party or Nonparty may challenge a
25 designation of confidentiality at any time that is consistent with the Court’s Scheduling
26 Order.
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1 7.2 Meet and Confer. The Challenging Party shall initiate the dispute
2 resolution process under Local Rule 37.1 et seq.
3 7.3 Burden of Persuasion. The burden of persuasion in any such challenge
4 proceeding shall be on the Designating Party. Frivolous challenges, and those made for
5 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
6 other parties) may expose the Challenging Party to sanctions. Unless the Designating
7 Party has waived or withdrawn the confidentiality designation, all parties shall continue
8 to afford the material in question the level of protection to which it is entitled under the
9 Producing Party’s designation until the Court rules on the challenge.
10
11 8. ACCESS TO AND USE OF PROTECTED MATERIAL
12 8.1 Basic Principles. A Receiving Party may use Protected Material that is
13 disclosed or produced by another Party or by a Nonparty in connection with this Action
14 only for prosecuting, defending or attempting to settle this Action. Such Protected
15 Material may be disclosed only to the categories of persons and under the conditions
16 described in this Order. When the Action has been terminated, a Receiving Party must
17 comply with the provisions of section 14 below (FINAL DISPOSITION).
18 Protected Material must be stored and maintained by a Receiving Party at a
19 location and in a secure manner that ensures that access is limited to the persons
20 authorized under this Order.
21 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
22 otherwise ordered by the court or permitted in writing by the Designating Party, a
23 Receiving Party may disclose any information or item designated “CONFIDENTIAL”
24 only to:
25 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as
26 employees of said Outside Counsel of Record to whom it is reasonably necessary to
27 disclose the information for this Action;
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1 (b) The officers, directors, and employees (including House Counsel) of the
2 Receiving Party to whom disclosure is reasonably necessary for this Action;
3 (c) Experts of the Receiving Party to whom disclosure is reasonably necessary
4 for this Action and who have signed the “Acknowledgment and Agreement to Be
5 Bound” (Exhibit A);
6 (d) The Court and its personnel;
7 (e) Court reporters and their staff;
8 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors
9 to whom disclosure is reasonably necessary for this Action and who have signed the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (g) The author or recipient of a document containing the information or a
12 custodian or other person who otherwise possessed or knew the information;
13 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action
14 to whom disclosure is reasonably necessary provided: (1) the deposing party requests
15 that the witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 and (2) they will not be permitted to keep any confidential information unless they sign
17 the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the
18 Designating Party or ordered by the Court. Pages of transcribed deposition testimony
19 or exhibits to depositions that reveal Protected Material may be separately bound by the
20 court reporter and may not be disclosed to anyone except as permitted under this
21 Stipulated Protective Order; and
22 (i) Any mediator or settlement officer, and their supporting personnel, mutually
23 agreed upon by any of the parties engaged in settlement discussions and who have
24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
25 8.3. Counsel making the disclosure to any qualified person described herein
26 shall retain the original executed copy of the Nondisclosure Agreement until sixty (60)
27 days after this litigation has become final, including any appellate review, and
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1 monitoring of an injunction. Counsel for the Receiving Party shall maintain all signed
2 Nondisclosure Agreements and shall produce the original signature page upon
3 reasonable written notice from opposing counsel. If an issue arises regarding a
4 purported unauthorized disclosure of Confidential Information, upon noticed motion of
5 contempt filed by the Designating Party, counsel for the Receiving Party may be
6 required to file the signed Nondisclosure Agreements, as well as a list of the disclosed
7 materials, in camera with the Court having jurisdiction of the Stipulation.
8
9 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
10 IN OTHER LITIGATION
11 If a Party is served with a subpoena or a court order issued in other litigation that
12 compels disclosure of any information or items designated in this Action as
13 “CONFIDENTIAL,” that Party must:
14 (a) Promptly notify in writing the Designating Party. Such notification shall
15 include a copy of the subpoena or court order;
16 (b) Promptly notify in writing the party who caused the subpoena or order to
17 issue in the other litigation that some or all of the material covered by the subpoena or
18 order is subject to this Stipulated Protective Order. Such notification shall include a
19 copy of this Stipulated Protective Order; and
20 (c) Cooperate with respect to all reasonable procedures sought to be pursued by
21 the Designating Party whose Protected Material may be affected.
22 If the Designating Party timely seeks a protective order, the Party served with the
23 subpoena or court order shall not produce any information designated in this action as
24 “CONFIDENTIAL” before a determination by the court from which the subpoena or
25 order issued, unless the Party has obtained the Designating Party’s permission. The
26 Designating Party shall bear the burden and expense of seeking protection in that court
27 of its confidential material and nothing in these provisions should be construed as
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1 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
2 directive from another court.
3
4 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
5 PRODUCED IN THIS LITIGATION
6 10.1 Application. The terms of this Stipulated Protective Order are applicable
7 to information produced by a Non-Party in this Action and designated as
8 “CONFIDENTIAL.” Such information produced by Non-parties in connection with
9 this litigation is protected by the remedies and relief provided by this Stipulated
10 Protective Order. Nothing in these provisions should be construed as prohibiting a Non-
11 party from seeking additional protections.
12 10.2 Notification. In the event that a Party is required, by a valid discovery
13 request, to produce a Non-party’s confidential information in its possession, and the
14 Party is subject to an agreement with the Non-party not to produce the Non-party’s
15 confidential information, then the Party shall:
16 (1) Promptly notify in writing the Requesting Party and the Non-party that some
17 or all of the information requested is subject to a confidentiality agreement with a Non-
18 party;
19 (2) Promptly provide the Non-party with a copy of the Stipulated Protective
20 Order in this Action, the relevant discovery request(s), and a reasonably specific
21 description of the information requested; and
22 (3) Make the information requested available for inspection by the Non-party, if
23 requested.
24 10.3 Conditions of Production. If the Non-party fails to seek a protective order
25 from this Court within fourteen (14) days of receiving the notice and accompanying
26 information, the Receiving Party may produce the Non-party’s confidential information
27 responsive to the discovery request. If the Non-party timely seeks a protective order,
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1 the Receiving Party shall not produce any information in its possession or control that
2 is subject to the confidentiality agreement with the Non-party before a determination
3 by the Court. Absent a court order to the contrary, the Non-party shall bear the burden
4 and expense of seeking protection in this court of its Protected Material.
5
6 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
8 Protected Material to any person or in any circumstance not authorized under this
9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
10 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
11 all unauthorized copies of the Protected Material, (c) inform the person or persons to
12 whom unauthorized disclosures were made of all the terms of this Stipulated Protective
13 Order, and (d) request such person or persons to execute the “Acknowledgment and
14 Agreement to Be Bound” (Exhibit A).
15
16 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17 PROTECTED MATERIAL
18 When a Producing Party gives notice to Receiving Parties that certain
19 inadvertently produced material is subject to a claim of privilege or other protection,
20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
22 may be established in an e-discovery order that provides for production without prior
23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
24 parties reach an agreement on the effect of disclosure of a communication or
25 information covered by the attorney-client privilege or work product protection, the
26 parties may incorporate their agreement in the Stipulated Protective Order submitted to
27 the Court.
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1 13. MISCELLANEOUS
2 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order
3 abridges the right of any person to seek its modification by the Court in the future.
4 13.2 Right to Assert Other Objections. By stipulating to the entry of this
5 Stipulated Protective Order, no Party waives any right it otherwise would have to object
6 to disclosing or producing any information or item on any ground not addressed in this
7 Stipulated Protective Order. Similarly, no Party waives any right to object on any
8 ground to use in evidence of any of the material covered by this Stipulated Protective
9 Order.
10 13.3 Filing Protected Material. A Party that seeks to file under seal any
11 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
12 only be filed under seal pursuant to a court order authorizing the sealing of the specific
13 Protected Material at issue. If a Party’s request to file Protected Material under seal is
14 denied by the court, then the Receiving Party may file the information in the public
15 record unless otherwise instructed by the Court.
16
17 14. FINAL DISPOSITION
18 After the FINAL DISPOSITION of this Action, as defined in paragraph 3.8,
19 within sixty (60) days of a written request by the Designating Party, each Receiving
20 Party must return all Protected Material to the Producing Party. As used in this
21 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
22 summaries, and any other format reproducing or capturing any of the Protected
23 Material. The Receiving Party must submit a written certification to the Producing
24 Party (and, if not the same person or entity, to the Designating Party) by the 60-day
25 deadline that (1) identifies (by category, where appropriate) all the Protected Material
26 that was returned and (2) affirms that the Receiving Party has not retained any copies,
27 abstracts, compilations, summaries or any other format reproducing or capturing any of
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1 the Protected Material. Notwithstanding this provision, Counsel is entitled to retain an
2 archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts;
3 legal memoranda; correspondence; deposition and trial exhibits; expert reports;
4 attorney 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 Stipulated Protective Order as set forth in
7 Section 5 (DURATION).
8
9 15. VIOLATION
10 Any violation of this Stipulated Protective Order may be punished by any and all
11 appropriate measures including, without limitation, contempt proceedings and/or
12 monetary sanctions.
13
14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
15
Dated: November 22, 2021 CBS LAW, INC.
16
17
By: /s/Christopher Bou Saeed
18 CHRISTOPHER BOU SAEED, ESQ.
Attorneys for Plaintiffs, YVONNE MENDOZA, et
19 al.
20
Dated: November 22, 2021 CARTER LAW FIRM APC
21
22 By: /s/ Corey Carter
COREY ALAN CARTER, ESQ.
23 Attorneys for Plaintiffs, YVONNE MENDOZA, et
al.
24
/ / /
25
/ / /
26
/ / /
27
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4 || Dated: November 22, 2021 MICHAEL N. FEUER, City Attorney
KATHLEEN A. KENEALY, Chief Dep. City Atty.
3 SCOTT MARCUS, Senior Assistant City Attorney
4 CORY M. BRENTE, Senior Assistant City Attorney
By: /s/ Colleen R. Smith
5 COLLEEN R. SMITH, Deputy City Attorney
6 Attorneys for Defendants CITY OF LOS
ANGELES, SERGEANT DAN WIDMAN,
7 OFFICER SCOTT, OFFICER JUAN GALVAN,
OFFICER SIERRA and OFFICER KELLY
8
Dated: November 22, 2021 MANNING AND KASS ELLROD RAMIRE
10 TRESTER LLP
1 By: /s/Eugene Ramirez
EUGENE RAMIREZ, ESQ.
12 DEANN RIVARD, ESQ.
Attorneys for Defendant, OFFICER DANIEL
13 HARTY
14
15 Dated: November 22, 2021 ORBACH HUFF SUAREZ AND HENDERSO
LLP
16
By: /s/ Kevin Gilbert
17 KEVIN E. GILBERT, ESQ.
Attorneys for Defendant, SERGEANT J.
18 HARDACKER
19
20|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
21
| 22 Kh,
33 || Dated: November 23, 2021 en SAK__
HONORABLE KAREN L. STEVENSON
24 UNITED STATES MAGISTRATE JUDGE
25
26
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Mendoza et al., v. City of LA etal. [PROPOSED] STIPULATED PROTECTIVE ORDER
CV21-04614 KS
1 ATTACHMENT “A”
2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
3
4 I, [full name], of
5 [address], declare under penalty of perjury that I have read in its
6 entirety and understand the Stipulated Protective Order that was issued by the United
7 States District Court for the Central District of California on [date] in
8 the case of Yvonne Mendoza, et al. v. City of Los Angeles, et al , United States District
9 Court for the Central District of California, Central Division, Case No. CV21-04614
10 KS. I agree to comply with and to be bound by all the terms of this Stipulated Protective
11 Order, 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 will not
13 disclose in any manner any information or item that is subject to this Stipulated
14 Protective Order to any person or entity except in strict compliance with the provisions
15 of this Stipulated Protective Order.
16 I further agree to submit to the jurisdiction of the United States District Court for
17 the Central District of California for the purpose of enforcing the terms of this Stipulated
18 Protective Order, even if such enforcement proceedings occur after termination of this
19 action. I hereby appoint [full name] of
20 [address and telephone number] as my California
21 agent for service of process in connection with this action or any proceedings related to
22 enforcement of this Stipulated Protective Order.
23
24 Signature:
25 Printed Name:
26 Date:
27 City and State Where Sworn and Signed:
28