Brandon Bryan v. County of Los Angeles

1 REmickaiely: RIvivieie (@Stiamtew Blaawr N.coo.m 7 6864)

2 Angela M. Powell (State Bar No. 191876)

Email: Apowell@imwlaw.com

3 Ayang J. Inyang (State Bar No. 339484)

Email: Ainyang@imwlaw.com

4 IVIE McNEILL WYATT PURCELL & DIGGS

444 S. Flower Street, Suite 1800

5 Los Angeles, California 90071

Telephone: (213) 489-0028

6 Facsimile: (213) 489-0552

7 Attorneys for Defendant, County of Los Angeles

8

Alvin M. Gomez, Esq., (State Bar No. 137818)

9 alvingomez@thegomezlawgroup.com

Boris Smyslov, Esq., (State Bar No. 297252)

10 boris@thegomezlawgroup.com

GOMEZ LAW GROUP

11 2725 Jefferson Street, Suite 3

Carlsbad, California 92008

12 Telephone: (858) 552-0000

Facsimile: (760) 542-7761

13

Attorneys for Plaintiff Brandon Bryan

14

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17

18 BRANDON BRYAN, CASE NO.: 2:24-cv-00060-FMO-AGR

[District Judge: Fernando M. Olguin

19 Plaintiff, Magistrate Judge: Alicia G. Rosenberg]

20 vs.

STIPULATED PROTECTIVE

21 COUNTY OF LOS ANGELES, dba ORDER

Los Angeles County Sheriff’s

22 Department, FNU CHAVEZ, FNU

MARQUEZ, and DOES 1 through

23 50, inclusive,

24 Defendants.

25

26

27

28

1 TO THE HONORABLE COURT:

2 By and through their counsel of record in this action, Plaintiff BRANDON

3 BRYAN (hereinafter “Plaintiff”) and Defendants COUNTY OF LOS ANGELES,

4 ANTONIO CHAVEZ, and PHILLIP MARQUEZ (hereinafter “Defendants”),

5 (collectively hereinafter “the Parties”) hereby stipulate for the purpose of jointly

6 requesting that the Honorable Court the Stipulated Protective Order re confidential

7 documents for the limited purpose of Defendants. The parties hereby stipulate in this

8 matter as follows:

9 1. A. PURPOSES AND LIMITATIONS

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

11 proprietary, or private information for which special protection from public disclosure

12 and from use for any purpose other than prosecuting this litigation maybe warranted.

13 Accordingly, the parties hereby stipulate to and petition the Court to enter the following

14 Stipulated Protective Order. The parties acknowledge that this Order does not confer

15 blanket protections on all disclosures or responses to discovery and that the protection it

16 affords from public disclosure and use extends only to the limited information or items

17 that are entitled to confidential treatment under the applicable legal principles. The

18 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

19 Protective Order does not entitle them to file confidential information under seal; Civil

20 Local Rule 79-5 sets forth the procedures that must be followed and the standards that

21 will be applied when a party seeks permission from the court to file material under seal.

22 B. GOOD CAUSE STATEMENT

23 1.1 Contentions re Harm from Disclosure of Confidential Materials.

24 Defendants contend that there is good cause and a particularized need for a

25 Protective Order to preserve the interests of confidentiality and privacy in peace officer

26 personnel file records and associated investigative or confidential records for the

27 following reasons.

28 / / /

1 First, Defendants contend that peace officers have a federal privilege of privacy

2 in their personnel file records: a reasonable expectation of privacy therein that is

3 underscored, specified, and arguably heightened by the Pitchess protective procedure of

4 California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 (9th

5 Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-13 (E.D.

6 Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based discovery

7 disputes involving federal claims,” the “state privilege law which is consistent with its

8 federal equivalent significantly assists in applying [federal] privilege law to discovery

9 disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995)

10 (peace officers have constitutionally-based “privacy rights [that] are not

11 inconsequential” in their police personnel records); cf. Cal. Penal Code §§ 832.7, 832.8;

12 Cal. Evid. Code §§ 1040-1047. Defendants further contend that uncontrolled disclosure

13 of such personnel file information can threaten the safety of non-party witnesses,

14 officers, and their families/associates.

15 Second, Defendants contend that municipalities and law enforcement agencies

16 have federal deliberative-executive process privilege, federal official information

17 privilege, federal law enforcement privilege, and federal attorney-client privilege

18 (and/or attorney work product protection) interests in the personnel files of their peace

19 officers – particularly as to those portions of peace officer personnel files that contain

20 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or

21 communications for the purposes of obtaining or rendering legal advice or analysis –

22 potentially including but not limited to evaluative/analytical portions of Internal Affairs

23 type records or reports, evaluative/analytical portions of supervisory records or reports,

24 and/or reports prepared at the direction of counsel, or for the purpose of obtaining or

25 rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y

26 v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162

27 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. Cal.

28 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. Duncan,

1 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United States Dist. Ct.,

2 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further contend that such

3 personnel file records are restricted from disclosure by the public entity’s custodian of

4 records pursuant to applicable California law and that uncontrolled release is likely to

5 result in needless intrusion of officer privacy; impairment in the collection of third-party

6 witness information and statements and related legitimate law enforcement

7 investigations/interests; and a chilling of open and honest discussion regarding and/or

8 investigation into alleged misconduct that can erode a public entity’s ability to identify

9 and/or implement any remedial measures that may be required.

10 Third, Defendants contend that, since peace officers do not have the same rights

11 as other private citizens to avoid giving compelled statements, it is contrary to the

12 fundamental principles of fairness to permit uncontrolled release of officers’ compelled

13 statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 828-830

14 (1985); cf. U.S. Const., amend V.

15 Accordingly, Defendants contend that, without a Protective Order preventing

16 such, production of confidential records in the case can and will likely substantially

17 impair and harm Defendant County of Los Angeles’ public entity’s interests in candid

18 self-critical analysis, frank internal deliberations, obtaining candid information from

19 witnesses, preserving the safety of witnesses, preserving the safety of peace officers and

20 peace officers’ families and associates, protecting the privacy officers of peace officers

21 and preventing pending investigations from being detrimentally undermined by

22 publication of private, sensitive, or confidential information – as can and often does

23 result in litigation.

24 Accordingly, to expedite the flow of information, to facilitate the prompt

25 resolution of disputes over confidentiality of discovery materials, to adequately protect

26 information the parties are entitled to keep confidential, to ensure that the parties are

27 permitted reasonable necessary uses of such material in preparation for and in the

28 conduct of trial, to address their handling at the end of the litigation, and serve the ends

1 of justice, Defendants contend that a protective order for such information is justified in

2 this matter.

3 Plaintiff also believes there is good cause for a protective order with respect to

4 categories of documents he may be asked to produce, including, but not limited to

5 medical and psychological records, financial records, employment records, and private

6 communications between and amongst family members and the Plaintiff.

7 It is the intent of the parties that information will not be designated as confidential

8 for tactical reasons and that nothing be so designated without a good faith belief that it

9 has been maintained in a confidential, non-public manner, and there is good cause why

10 it should not be part of the public record of this case. Protected Material shall not include

11 (a) advertising materials published or intended to be published to the general public; (b)

12 materials that on their face show that they have been published to the general public; or,

13 (c) documents that have been submitted to any government entity without request for

14 confidential treatment, with the exception of personally identifiable information,

15 documents that are protected by the attorney-client privilege and/or work product

16 doctrine.

17 1.2 The parties therefore stipulate that there is Good Cause for, and hereby

18 jointly request that the honorable Court issue/enter, a Protective Order re confidential

19 documents consistent with the terms and provisions of this Stipulation.

20 However, the entry of a Protective Order by the Court pursuant to this Stipulation

21 shall not be construed as any ruling by the Court on the aforementioned legal statements

22 or privilege claims in this section (§ 1), nor shall this section be construed as part of any

23 such Court Order.

24 2. DEFINITIONS

25 2.1 Action: Brandon Bryan v. County of Los Angeles, et al., Case No. 2:24-

26 cv-00060-FMO-AGR.

27 2.2 Challenging Party: a Party or Non-Party that challenges the designation

28 of information or items under this Order.

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

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

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

4 Statement.

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

6 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 “CONFIDENTIAL.

9 2.6 Disclosure or Discovery Material: all items or information, regardless of

10 the medium or manner in which it is generated, stored, or maintained (including, among

11 other things, testimony, transcripts, and tangible things), that are produced or generated

12 in disclosures or responses to discovery in this matter.

13 2.7 Expert: a person with specialized knowledge or experience in a matter

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

15 expert witness or as a consultant in this Action.

16 2.8 House Counsel: attorneys who are employees of a party to this Action.

17 House Counsel does not include Outside Counsel of Record or any other outside counsel.

18 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

20 2.10 Outside Counsel of Record: attorneys who are not employees of a party

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

22 appeared in this Action on behalf of that party or are affiliated with a law firm which has

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

24 2.11 Party: any party to this Action, including all of its officers, directors,

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

26 support staffs).

27 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

28 Discovery Material in this Action.

1 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

4 their employees and subcontractors.

5 2.14 Protected Material: any Disclosure or Discovery Material that is

6 designated as “CONFIDENTIAL.”

7 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

8 from a Producing Party.

9 3. SCOPE

10 The protections conferred by this Stipulation and Order cover not only Protected

11 Material (as defined above), but also (1) any information copied or extracted from

12 Protected Material; (2) all copies, excerpts summaries, or compilations of Protected

13 Material; and (3) any testimony, conversations, or presentations by Parties or their

14 Counsel that might reveal Protected Material.

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

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

17 4. DURATION

18 Once a case proceeds to trial, all of the information that was designated as

19 confidential or maintained pursuant to this Protective Order becomes public and will be

20 presumptively available to all members of the public, including the press, unless

21 compelling reasons supported by specific factual findings to proceed otherwise are made

22 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu,

23 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for

24 sealing documents produced in discovery from “compelling reasons” standard when

25 merits-related documents are part of court record). Accordingly, the terms of this

26 Protective Order do not extend to the, CONFIDENTIAL information and materials

27 introduced or admitted as an exhibit at trial.

28 / / /

1 Even after final disposition of this litigation, the confidentiality obligations

2 imposed by this Protective Order shall remain in effect for any CONFIDENTIAL

3 information and materials that were not introduced or admitted at trial until a

4 Designating Party agrees otherwise in writing or a court order otherwise directs. Final

5 disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in

6 this Action, with or without prejudice; and (2) final judgment herein after the completion

7 and exhaustion of all appeals, rehearings, remands, 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 5. DESIGNATING PROTECTED MATERIAL

11 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

14 under the appropriate standards. The Designating Party must designate for protection

15 only those parts of material, documents, items, or oral or written communications that

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

17 for which protection is not warranted are not swept unjustifiably within the ambit

18 of this Order.

19 Mass, indiscriminate, or routinized designations are prohibited. Designations that

20 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

21 to unnecessarily encumber the case development process or to impose unnecessary

22 expenses and burdens on other parties) may expose the Designating Party to sanctions.

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

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

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

26 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

2 produced.

3 Designation in conformity with this Order requires:

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

5 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

6 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

7 “CONFIDENTIAL legend”), to each page that contains protected material. If only a

8 portion or portions of the material on a page qualifies for protection, the Producing Party

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

10 in the margins). The CONFIDENTIAL legend should not cover or obscure any text or

11 images.

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

13 not designate them for protection until after the inspecting Party has indicated which

14 documents it would like copied and produced. During the inspection and before the

15 designation, all of the material made available for inspection shall be deemed

16 “CONFIDENTIAL.” After the inspecting Party has identified the documents, it wants

17 copied and produced, the Producing Party must determine which documents, or portions

18 thereof, qualify for protection under this Order. Then, before producing the specified

19 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each

20 page that contains Protected Material. If only a portion or portions of the material on a

21 page qualifies for protection, the Producing Party also must clearly identify the

22 protected portion(s) (e.g., by making appropriate markings in the margins).

23 (b) for testimony given in depositions that the Designating Party identify the

24 Disclosure or Discovery Material on the record, before the close of the deposition all

25 protected testimony.

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

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

28 exterior of the container or containers in which the information is stored the legend

1 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,

2 the Producing Party, to the extent practicable, shall identify the protected portion(s).

3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

5 Designating Party’s right to secure protection under this Order for such material. Upon

6 timely correction of a designation, the Receiving Party must make reasonable efforts to

7 assure that the material is treated in accordance with the provisions of this Order.

8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation

10 of confidentiality at any time that is consistent with the Court’s Scheduling Order.

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

12 process under Local Rule 37.1 et seq.

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

14 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

15 harass or impose unnecessary expenses and burdens on other parties) may expose the

16 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the

17 confidentiality designation, all parties shall continue to afford the material in question the

18 level of protection to which it is entitled under the Producing Party’s designation until the

19 Court rules on the challenge.

20 7. ACCESS TO AND USE OF PROTECTED MATERIAL

21 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

23 only for prosecuting, defending, or attempting to settle this, Action. Such Protected Material

24 may be disclosed only to the categories of persons and under the conditions described in

25 this Order. When the Action has been terminated, a Receiving Party must comply with the

26 provisions of section 13 below (FINAL DISPOSITION). Protected Material must be stored

27 and maintained by a Receiving Party at a location and in a secure manner that ensures that

28 access is limited to the persons authorized under this Order.

1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

3 Receiving Party may disclose an information or item designated “CONFIDENTIAL”

4 only to:

5 (a) The Receiving Party

6 (b) the Receiving Party’s Outside Counsel of Record in this Action, as well as

7 employees of said Outside Counsel of Record to whom it is reasonably necessary to

8 disclose the information for this Action;

9 (c) the officers, directors, and employees (including House Counsel) of the

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

11 (d) Experts (as defined in this Order) of the Receiving Party to whom disclosure

12 is reasonably necessary for this Action and who have signed the “Acknowledgment and

13 Agreement to Be Bound” (Exhibit A);

14 (e) the Court and its personnel;

15 (f) court reporters and their staff;

16 (g) professional jury or trial consultants, mock jurors, and Professional Vendors

17 to whom disclosure is reasonably necessary for this Action and who have signed the

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

19 (h) the author or recipient of a document containing the information or a

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

21 (I) during their depositions, witnesses ,and attorneys for witnesses, in the Action

22 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that

23 the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to

24 keep any confidential information unless they sign the “Acknowledgment and Agreement

25 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by

26 the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

27 Protected Material may be separately bound by the court reporter and may not be disclosed

28 to anyone except as permitted under this Stipulated Protective Order; and

1 (k) any mediator or settlement officer, and their supporting personnel, mutually

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

3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

4 PRODUCED IN OTHER LITIGATION

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

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

7 “CONFIDENTIAL,” that Party must:

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

9 include a copy of the subpoena or court order;

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

11 issue in the other litigation that some or all of the material covered by the subpoena or

12 order is subject to this Protective Order. Such notification shall include a copy of this

13 Stipulated Protective Order; and,

14 (c) cooperate with respect to all reasonable procedures sought to be pursued by

15 the Designating Party whose Protected Material may be affected.

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

17 subpoena or court order shall not produce any information designated in this action as

18 “CONFIDENTIAL” before a determination by the court from which the subpoena or

19 order issued, unless the Party has obtained the Designating Party’s permission. The

20 Designating Party shall bear the burden and expense of seeking protection in that court

21 of its confidential material and nothing in these provisions should be construed as

22 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

23 from another court.

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

25 PRODUCED IN THIS LITIGATION

26 (a) The terms of this Order are applicable to information produced by a Non-

27 Party in this Action and designated as “CONFIDENTIAL.” Such information produced

28 by Non-Parties in connection with this litigation is protected by the remedies and relief

1 provided by this Order. Nothing in these provisions should be construed as prohibiting

2 a Non-Party from seeking additional protections.

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

4 a Non-Party’s confidential information in its possession, and the Party is subject to an

5 agreement with the Non-Party not to produce the Non-Party’s confidential information,

6 then the Party shall:

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

8 some or all of the information requested is subject to a confidentiality agreement with a

9 Non-Party;

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

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

12 specific description of the information requested; and

13 (3) make the information requested available for inspection by the Non-

14 Party, if requested.

15 (c) If the Non-Party fails to seek a protective order from this court within 14

16 days of receiving the notice and accompanying information, the Receiving Party may

17 produce the Non-Party’s confidential information responsive to the discovery request. If

18 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

19 information in its possession or control that is subject to the confidentiality agreement

20 with the Non-Party before a determination by the Court. Absent a court order to the

21 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

22 court of its Protected Material.

23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

25 Protected Material to any person or in any circumstance not authorized under this

26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to

28 retrieve all unauthorized copies of the Protected Material, (c) inform the person or

1 persons to whom unauthorized disclosures were made of all the terms of this Order, and

2 (d) request such person or persons to execute the “Acknowledgment and Agreement

3 to Be Bound” that is attached hereto as Exhibit A.

4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR

5 OTHERWISE PROTECTED MATERIAL

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

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

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

9 26(b)(5)(B). This provision is not intended to modify whatever procedure may be

10 established in an e-discovery order that provides for production without prior privilege

11 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

12 an agreement on the effect of disclosure of a communication or information covered by

13 the attorney-client privilege or work product protection, the parties may incorporate their

14 agreement in the stipulated protective order submitted to the court.

15 12. MISCELLANEOUS

16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

18 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

22 to use in evidence of any of the material covered by this Protective 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 may

25 only be filed under seal pursuant to a court order authorizing the sealing of the specific

26 Protected Material at issue. If a Party's request to file Protected Material under seal is

27 denied by the court, then the Receiving Party may file the information in the public

28 record unless otherwise instructed by the court.

1 13. FINAL DISPOSITION

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

3 of a written request by the Designating Party, each Receiving Party must return all

4 Protected Material to the Producing Party or destroy such material. As used in this

5 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

6 summaries, and any other format reproducing or capturing any of the Protected Material.

7 Whether the Protected Material is returned or destroyed, the Receiving Party must

8 submit a written certification to the Producing Party (and, if not the same person or

9 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,

10 where appropriate) all the Protected Material that was returned or destroyed and

11 (2)affirms that the Receiving Party has not retained any copies, abstracts, compilations,

12 summaries or any other format reproducing or capturing any of the Protected Material.

13 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

14 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

15 correspondence, deposition and trial exhibits, expert reports, attorney work product, and

16 consultant and expert work product, even if such materials contain Protected Material.

17 Any such archival copies that contain or constitute Protected Material remain subject to

18 this Protective Order as set forth in Section 4 (DURATION).

19 14. Any violation of this Order may be punished by any and all appropriate

20 measures including, without limitation, contempt proceedings and/or monetary

21 sanctions.

22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

23 Dated: May 8, 2024 GOMEZ LAW GROUP

24

/s/ Boris Smyslov

25 Alvin M. Gomez

Boris Smyslov

26

Attorneys for Plaintiff,

27 BRANDON BRYAN

28

Dated: May 8, 2024 IVIE McNEILL WYATT

5 PURCELL & DIGGS

3 /s/Ayang Inyang

Rickey Ivie

4 Angela M. Powell

5 Ayang J. Inyang

Attorneys for Defendants,

6 COUNTY OF LOS ANGELES, et al.

7

8 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

9

10 ||DATED: July 1, 2024 Waa Ake im lng

1 ALICIA G. ROSENBERG

12 United States Magistrate Judge

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-16-

1 EXHBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury that I

5 have read in its entirety and understand the Stipulated Protective Order that was issued

6 by the United States District Court for the Central District of California on [date] in the

7 case of Brandon Bryan v. County of Los Angeles, et al., Case No. 2:24-cv-00060-FMO-

8 AGR. 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 promise

11 that I will not disclose in any manner any information or item that is subject to this

12 Stipulated Protective Order to any person or entity except in strict compliance with the

13 provisions of this Order.

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

15 the Central District of California for the purpose of enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of this

17 action. 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 this

20 action or any proceedings related to enforcement of this Stipulated Protective Order.

21 Dated: ___________ City and State where sworn and signed:

22 __________________________________

23

24 Printed Name: ______________________________

25

26 Signature: _________________________________

27

28