peace officers have constitutionally-based 23 || “privacy rights [that] are not inconsequential” in their police personnel records
How later courts described this case
- peace officers have constitutionally-based 23 || “privacy rights [that] are not inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
1 || Mildred K. O’Linn (State Bar No. 159055)
missy.olinn@manningass. com
2 || David Fleck ( tate Bar No. 192912)
David.Fleck@manningkass.com
|| MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
4/801 S. Figueroa St, 15" Floor
Los Angeles, California 90017-3012
5 || Telephone: ge) 624-6900
Facsimile: (213) 624-6999
6
Attorneys for Defendants, City of
7 || Redondo Beach and Officer Patel
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
x 11
1
oO DANIEL GARCES, Case No. 2:25-cv-414-MWC-MAA
13 District Judge, Michelle Williams Court
> Plaintiff, Magistrate Judge Maria A. Audero
= 14
< Vv.
= '° CITY OF REDONDO BEACH
> TIPULATED PROTECTIVE
16 |} OFFICER PATTEL, and DOE ORDER OTECTIV
OFFICERS 1-10,
17
Defendants.
18 Action Filed: 01/16/2025
19 Trial Date: N/A
20 |} 1. PURPOSES AND LIMITATIONS
21 Discovery in this action is likely to involve production of confidential,
22 || proprietary, or private information for which special protection from public
23 || disclosure and from use for any purpose other than prosecuting this litigation may
24 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
25 || enter the following Stipulated Protective Order.
26 The parties acknowledge that this Stipulated Protective Order does not confer
27 || blanket protections on all disclosures or responses to discovery and that the
28 || protection it affords from public disclosure and use extends only to the limited
1 || information or items that are entitled to confidential treatment under the applicable
2 || legal principles. The parties further acknowledge, as set forth in Section 13.3 below,
3 || that this Stipulated Protective Order does not entitle them to file confidential
4 || information under seal; Local Rule 79-5 sets forth the procedures that must be
5 || followed and the standards that will be applied when a party seeks permission from
6 || the Court to file material under seal.
7\|2. GOOD CAUSE STATEMENT
8 1.1. Defendants’ Contentions.
9 Defendants contend that there is good cause and a particularized need for a
10 || protective order to preserve the interests of confidentiality and privacy in peace
2 11 || officer personnel file records and associated investigative or confidential records for
12 || the following reasons.
2 13 First, defendants contend that peace officers have a federal privilege of
14 || privacy in their personnel file records: a reasonable expectation of privacy therein
15 || that is underscored, specified, and arguably heightened by the Pitchess protective
16 || procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027,
17 || 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS
18 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies
19 || to privilege based discovery disputes involving federal claims,” the “state privilege
20 || law which is consistent with its federal equivalent significantly assists in applying
21 || [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D.
22 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based
23 || “privacy rights [that] are not inconsequential” in their police personnel records); □□□
24 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further
25 || contend that uncontrolled disclosure of such personnel file information can threaten
26 || the safety of non-party witnesses, officers, and their families/associates.
27 Second, defendants contend that municipalities and law enforcement agencies
28 || have federal deliberative-executive process privilege, federal official information
1 || privilege, federal law enforcement privilege, and federal attorney-client privilege
2 || and/or attorney work product protection interests in the personnel files of their peace
3 || officers — particularly as to those portions of peace officer personnel files that
4 || contain critical self-analysis, internal deliberation/decision-making or
5 || evaluation/analysis, or communications for the purposes of obtaining or rendering
6 || legal advice or analysis — potentially including but not limited to evaluative/
7 || analytical portions of Internal Affairs type records or reports, evaluative/analytical
8 || portions of supervisory records or reports, and/or reports prepared at the direction of
9 || counsel, or for the purpose of obtaining or rendering legal advice. See Sanchez, 936
10 || F.2d at 1033-1034; Maricopa Audubon Soc’y v. United States Forest Serv., 108 F.3d
2 11 |) 1089, 1092-1095 (9th Cir. 1997); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4
12 ||(1995); Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite
2 13 ||v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S.
S$ 14 || Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United States Dist. Ct., 881
= 15 || F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further contend that such
16 || personnel file records are restricted from disclosure by the public entity’s custodian
17 || of records pursuant to applicable California law and that uncontrolled release is
18 || likely to result in needless intrusion of officer privacy; impairment in the collection
19 || of third-party witness information and statements and related legitimate law
20 || enforcement investigations/ interests; and a chilling of open and honest discussion
21 || regarding and/or investigation into alleged misconduct that can erode a public
22 || entity’s ability to identify and/or implement any remedial measures that may be
23 || required.
24 Third, defendants contend that, since peace officers do not have the same
25 || rights as other private citizens to avoid giving compelled statements, it 1s contrary to
26 || the fundamental principles of fairness to permit uncontrolled release of officers’
27 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,
28 || 828-830 (1985); cf. U.S. Const., Amend V.
1 Accordingly, defendants contend that, without a protective order preventing
2 || such, production of confidential records in the case can and will likely substantially
3 || impair defendant public entity’s interests in candid self-critical analysis, frank
4 || internal deliberations, obtaining candid information from witnesses, preserving the
5 || safety of witnesses, preserving the safety of peace officers and peace officers’
6 || families and associates, protecting the privacy officers of peace officers, and
7 || preventing pending investigations from being detrimentally undermined by
8 || publication of private, sensitive, or confidential information — as can and often does
9 || result in litigation.
10 1.2. Plaintiff agrees that there is Good Cause for a Protective Order
2 11 || consistent with the terms and provisions of this Stipulation so as to preserve the
12 || respective interests of the parties.
2 13 1.3. The parties jointly contend that there is typically a particularized need
S$ for protection as to any medical or psychotherapeutic records and autopsy
= 15 || photographs, because of the privacy interests at stake therein. Because of these
16 || sensitive interests, a court order should address these documents rather than a
17 || private agreement between the parties.
18 1.4. The parties therefore stipulate that there is Good Cause for, and hereby
19 || jointly request that the Honorable Court issue/enter, a Protective Order regarding
20 || confidential documents consistent with the terms and provisions of this Stipulation.
21 || However, the entry of a Protective Order by the Court pursuant to this Stipulation
22 || shall not be construed as any ruling by the Court on the aforementioned legal
23 || statements or privilege claims in this section (§ 1), nor shall this section be
24 || construed as part of any such Court Order.
2513. DEFINITIONS
26 3.1. Action: Daniel Garces v. City of Redondo Beach, Officer Patel, and
27 || Doe Officers 1-20, Case no. 2:25-CV-00414-MWC-MAA.
28
1 3.2. Challenging Party: A Party or Nonparty that challenges the designation
2 of information or items under this Stipulated Protective Order.
3 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of
4 how it is generated, stored or maintained) or tangible things that qualify
5 for protection under Federal Rule of Civil Procedure 26(c), and as
6 specified above in the Good Cause Statement.
7 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as
8 their support staff).
9 3.5. Designating Party: A Party or Nonparty that designates information or
10 items that it produces in disclosures or in responses to discovery as
2 oi “CONFIDENTIAL.”
12 3.6. Disclosure or Discovery Material: All items or information, regardless
2 13 of the medium or manner in which it is generated, stored, or maintained
14 (including, among other things, testimony, transcripts, and tangible
15 things), that is produced or generated in disclosures or responses to
16 discovery in this matter.
17 3.7. Expert: A person with specialized knowledge or experience in a matter
18 pertinent to the litigation who has been retained by a Party or its
19 counsel to serve as an expert witness or as a consultant in this Action.
20 3.8. In-House Counsel: Attorneys who are employees of a party to this
21 Action. In-House Counsel does not include Outside Counsel of Record
22 or any other outside counsel.
23 3.9. Nonparty: Any natural person, partnership, corporation, association, or
24 other legal entity not named as a Party to this action.
25 3.10. Outside Counsel of Record: Attorneys who are not employees of a
26 party to this Action but are retained to represent or advise a party to this
27 Action and have appeared in this Action on behalf of that party or are
28 affiliated with a law firm which has appeared on behalf of that party,
1 and includes support staff.
2 3.11. Party: Any party to this Action, including all of its officers, directors,
3 employees, consultants, retained experts, In-House Counsel, and
4 Outside Counsel of Record (and their support staffs).
5 3.12. Producing Party: A Party or Nonparty that produces Disclosure or
6 Discovery Material in this Action.
7 3.13. Professional Vendors: Persons or entities that provide litigation support
8 services (e.g., photocopying, videotaping, translating, preparing
9 exhibits or demonstrations, and organizing, storing, or retrieving data in
10 any form or medium) and their employees and subcontractors.
2 11 3.14. Protected Material: Any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2 13 3.15. Receiving Party: A Party that receives Disclosure or Discovery
S$ 14 Material from a Producing Party.
15||}4. SCOPE
16 The protections conferred by this Stipulated Protective Order cover not only
17 || Protected Material, but also (1) any information copied or extracted from Protected
18 || Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
19 || and (3) any testimony, conversations, or presentations by Parties or their Counsel
20 || that might reveal Protected Material.
21 Any use of Protected Material at trial shall be governed by the orders of the
22 || trial judge. This Stipulated Protective Order does not govern the use of Protected
23 || Material at trial.
24 1/5. DURATION
25 Even after final disposition of this litigation, the confidentiality obligations
26 || imposed by this Stipulated Protective Order shall remain in effect until a
27 || Designating Party agrees otherwise in writing or a court order otherwise directs.
28 || Final disposition shall be deemed to be the later of (1) dismissal of all claims and
1 || defenses in this Action, with or without prejudice; and (2) final judgment herein
2 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or
3 || reviews of this Action, including the time limits for filing any motions or
4 || applications for extension of time pursuant to applicable law.
5 || 6. DESIGNATING PROTECTED MATERIAL
6 6.1. Exercise of Restraint and Care in Designating Material for Protection.
7 Each Party or Nonparty that designates information or items for
8 protection under this Stipulated Protective Order must take care to limit
9 any such designation to specific material that qualifies under the
10 appropriate standards. The Designating Party must designate for
2 11 protection only those parts of material, documents, items, or oral or
12 written communications that qualify so that other portions of the
2 13 material, documents, items, or communications for which protection is
14 not warranted are not swept unjustifiably within the ambit of this
= 15 Stipulated Protective Order.
16 Mass, indiscriminate, or routinized designations are prohibited.
17 Designations that are shown to be clearly unjustified or that have been
18 made for an improper purpose (e.g., to unnecessarily encumber the case
19 development process or to impose unnecessary expenses and burdens
20 on other parties) may expose the Designating Party to sanctions.
21
22 6.2. Manner and Timing of Designations.
23 Except as otherwise provided in this Stipulated Protective Order
24 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered,
25 Disclosure or Discovery Material that qualifies for protection under this
26 Stipulated Protective Order must be clearly so designated before the
27 material is disclosed or produced.
28 Designation in conformity with this Stipulated Protective Order
1 requires the following:
2 (a) For information in documentary form (e.g., paper or electronic
3 documents, but excluding transcripts of depositions or other
4 pretrial or trial proceedings), that the Producing Party affix at a
5 minimum, the legend “CONFIDENTIAL” to each page that
6 contains protected material. If only a portion or portions of the
7 material on a page qualifies for protection, the Producing Party
8 also must clearly identify the protected portion(s) (e.g., by
9 making appropriate markings in the margins).
10 A Party or Nonparty that makes original documents
2 11 available for inspection need not designate them for protection
12 until after the inspecting Party has indicated which documents it
2 13 would like copied and produced. During the inspection and
Ss 14 before the designation, all of the material made available for
= 15 inspection shall be deemed “CONFIDENTIAL.” After the
16 inspecting Party has identified the documents it wants copied and
17 produced, the Producing Party must determine which documents,
18 or portions thereof, qualify for protection under this Stipulated
19 Protective Order. Then, before producing the specified
20 documents, the Producing Party must affix the legend
21 “CONFIDENTIAL” to each page that contains Protected
22 Material. If only a portion or portions of the material on a page
23 qualifies for protection, the Producing Party also must clearly
24 identify the protected portion(s) (e.g., by making appropriate
25 markings in the margins).
26 (b) For testimony given in depositions, that the Designating
27 Party identify the Disclosure or Discovery Material on the
28 record, before the close of the deposition, all protected
1 testimony.
2 (c) For information produced in nondocumentary form, and
3 for any other tangible items, that the Producing Party affix in a
4 prominent place on the exterior of the container or containers in
5 which the information is stored the legend “CONFIDENTIAL.”
6 If only a portion or portions of the information warrants
7 protection, the Producing Party, to the extent practicable, shall
8 identify the protected portion(s).
9 6.3. Inadvertent Failure to Designate.
10 If timely corrected, an inadvertent failure to designate qualified
2 11 information or items does not, standing alone, waive the Designating
12 Party’s right to secure protection under this Stipulated Protective Order
2 13 for such material. Upon timely correction of a designation, the
14 Receiving Party must make reasonable efforts to assure that the
15 material is treated in accordance with the provisions of this Stipulated
16 Protective Order.
7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
18 7.1. Timing of Challenges.
19 Any Party or Nonparty may challenge a designation of
20 confidentiality at any time that is consistent with the Court’s
21 Scheduling Order.
22 7.2. Meet and Confer.
23 The Challenging Party shall initiate the dispute resolution
24 process, which shall comply with Local Rule 37.1 et seq., and with
25 Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic
26 Conference for Discovery Disputes”).!
27
28 | Judge Audero’s Procedures are available at https://www.caed.uscourts.gov/honorable-maria-audero.
l 7.3. Burden of Persuasion.
2 The burden of persuasion in any such challenge proceeding shall
3 be on the Designating Party. Frivolous challenges, and those made for
4 an improper purpose (e.g., to harass or impose unnecessary expenses
5 and burdens on other parties) may expose the Challenging Party to
6 sanctions. Unless the Designating Party has waived or withdrawn the
7 confidentiality designation, all parties shall continue to afford the
8 material in question the level of protection to which it is entitled under
9 the Producing Party’s designation until the Court rules on the
10 challenge.
2 11|/8 ACCESS TO AND USE OF PROTECTED MATERIALS
12 8.1. Basic Principles.
2 13 A Receiving Party may use Protected Material that is disclosed
S$ 14 or produced by another Party or by a Nonparty in connection with this
= 15 Action only for prosecuting, defending, or attempting to settle this
16 Action. Such Protected Material may be disclosed only to the
17 categories of persons and under the conditions described in this
18 Stipulated Protective Order. When the Action reaches a final
19 disposition, a Receiving Party must comply with the provisions of
20 Section 14 below.
21 Protected Material must be stored and maintained by a Receiving
22 Party at a location and in a secure manner that ensures that
23 access 1s limited to the persons authorized under this Stipulated
24 Protective Order.
25 8.2. Disclosure of “CONFIDENTIAL” Information or Items.
26 Unless otherwise ordered by the Court or permitted in writing by
27 the Designating Party, a Receiving Party may disclose any information
28 or item designated “CONFIDENTIAL” only to:
10
1 (a) The Receiving Party’s Outside Counsel of Record, as well as
2 employees of said Outside Counsel of Record to whom it is reasonably
3 necessary to disclose the information for this Action;
4 (b) The officers, directors, and employees (including In-House
5 Counsel) of the Receiving Party to whom disclosure is reasonably
6 necessary for this Action;
7 (c) Experts of the Receiving Party to whom disclosure is
8 reasonably necessary for this Action and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (d) The Court and its personnel;
2 11 (e) Court reporters and their staff;
12 (f) Professional jury or trial consultants, mock jurors, and
2 13 Professional Vendors to whom disclosure is reasonably necessary or
S$ 14 this Action and who have signed the “Acknowledgment and Agreement
15 to be Bound” (Exhibit A);
16 (g) The author or recipient of a document containing the
17 information or a custodian or other person who otherwise possessed or
18 knew the information;
19 (h) During their depositions, witnesses, and attorneys for
20 witnesses, in the Action to whom disclosure is reasonably necessary
21 provided: (1) the deposing party requests that the witness sign the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (11)
23 the witness will not be permitted to keep any confidential information
24 unless they sign the “Acknowledgment and Agreement to Be Bound,”
25 unless otherwise agreed by the Designating Party or ordered by the
26 Court. Pages of transcribed deposition testimony or exhibits to
27 depositions that reveal Protected Material may be separately bound by
28 the court reporter and may not be disclosed to anyone except as
1 permitted under this Stipulated Protective Order; and
2 (4) Any mediator or settlement officer, and their supporting
3 personnel, mutually agreed upon by any of the parties engaged in
4 settlement discussions.
5 || 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED
6 PRODUCED IN OTHER LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation
8 || that compels disclosure of any information or items designated in this Action as
9 || “CONFIDENTIAL,” that Party must:
10 (a) Promptly notify in writing the Designating Party. Such
2 11 notification shall include a copy of the subpoena or court order;
12 (b) Promptly notify in writing the party who caused the subpoena
2 13 or order to issue in the other litigation that some or all of the material
S$ 14 covered by the subpoena or order is subject to this Stipulated Protective
15 Order. Such notification shall include a copy of this Stipulated
16 Protective Order; and
17 (c) Cooperate with respect to all reasonable procedures sought
18 to be pursued by the Designating Party whose Protected Material may
19 be affected.
20 If the Designating Party timely seeks a protective order, the Party served with
21 || the subpoena or court order shall not produce any information designated in this
22 || action as “CONFIDENTIAL” before a determination by the Court from which the
23 || subpoena or order issued, unless the Party has obtained the Designating Party’s
24 || permission. The Designating Party shall bear the burden and expense of seeking
25 || protection in that court of its confidential material and nothing in these provisions
26 || should be construed as authorizing or encouraging a Receiving Party in this Action
27 || to disobey a lawful directive from another court.
28
12
1/10. ANONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 10.1. Application.
4 The terms of this Stipulated Protective Order are applicable to
5 information produced by a Nonparty in this Action and designated as
6 “CONFIDENTIAL.” Such information produced by Nonparties in connection
7 with this litigation is protected by the remedies and relief provided by this
8 Stipulated Protective Order. Nothing in these provisions should be construed
9 as prohibiting a Nonparty from seeking additional protections.
10 10.2. Notification.
2 11 In the event that a Party is required, by a valid discovery request, to
12 produce a Nonparty’s confidential information in its possession, and the Party
2 13 is subject to an agreement with the Nonparty not to produce the Nonparty’s
Ss 14 confidential information, then the Party shall:
= 15 (a) Promptly notify in writing the Requesting Party and the Nonparty
16 that some or all of the information requested is subject to a
17 confidentiality agreement with a Nonparty;
18 (b) Promptly provide the Nonparty with a copy of the Stipulated Protective
19 Order in this Action, the relevant discovery request(s), and a reasonably
20 specific description of the information requested; and
21 (c) Make the information requested available for inspection by the
22 Nonparty, if requested.
23 10.3. Conditions of Production.
24 If the Nonparty fails to seek a protective order from this Court within
25 fourteen (14) days after receiving the notice and accompanying information,
26 the Receiving Party may produce the Nonparty’s confidential information
27 responsive to the discovery request. If the Nonparty timely seeks a protective
28 order, the Receiving Party shall not produce any information in its possession
13
1 or control that is subject to the confidentiality agreement with the Nonparty
2 before a determination by the Court. Absent a court order to the contrary, the
3 Nonparty shall bear the burden and expense of seeking protection in this
4 Court of its Protected Material.
5)}11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
7 || Protected Material to any person or in any circumstance not authorized under this
8 || Stipulated Protective Order, the Receiving Party immediately must (1) notify in
9 || writing the Designating Party of the unauthorized disclosures, (2) use its best efforts
10 || to retrieve all unauthorized copies of the Protected Material, (3) inform the person or
2 11 || persons to whom unauthorized disclosures were made of all the terms of this
12 || Stipulated Protective Order, and (4) request such person or persons to execute the
2 13 || “Acknowledgment and Agreement to be Bound” (Exhibit A).
S$ 14|}12.. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
15 PROTECTED MATERIAL
16 When a Producing Party gives notice to Receiving Parties that certain
17 || inadvertently produced material is subject to a claim of privilege or other protection,
18 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
19 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
20 || may be established in an e-discovery order that provides for production without
21 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
22 || as the parties reach an agreement on the effect of disclosure of a communication or
23 || information covered by the attorney-client privilege or work product protection, the
24 || parties may incorporate their agreement in the Stipulated Protective Order submitted
25 || to the Court.
26||}13. MISCELLANEOUS
27 13.1. Right to Further Relief.
28
14
1 Nothing in this Stipulated Protective Order abridges the right of
2 any person to seek its modification by the Court in the future.
3 13.2. Right to Assert Other Objections.
4 By stipulating to the entry of this Stipulated Protective Order, no
5 Party waives any right it otherwise would have to object to disclosing
6 or producing any information or item on any ground not addressed in
7 this Stipulated Protective Order. Similarly, no Party waives any right to
8 object on any ground to use in evidence of any of the material covered
9 by this Stipulated Protective Order.
10 13.3. Filing Protected Material.
2 11 A Party that seeks to file under seal any Protected Material must
12 comply with Local Rule 79-5. Protected Material may only be filed
2 13 under seal pursuant to a court order authorizing the sealing of the
S$ 14 specific Protected Material at issue. If a Party's request to file Protected
15 Material under seal is denied by the Court, then the Receiving Party
16 may file the information in the public record unless otherwise
17 instructed by the Court.
18|}14. FINAL DISPOSITION
19 After the final disposition of this Action, within sixty (60) days of a written
20 || request by the Designating Party, each Receiving Party must return all Protected
21 || Material to the Producing Party or destroy such material. As used in this
22 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
23 || summaries, and any other format reproducing or capturing any of the Protected
24 || Material. Whether the Protected Material is returned or destroyed, the Receiving
25 || Party must submit a written certification to the Producing Party (and, if not the same
26 || person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
27 || (by category, where appropriate) all the Protected Material that was returned or
28 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
15
1 || abstracts, compilations, summaries or any other format reproducing or capturing any
2 || of the Protected Material. Notwithstanding this provision, Counsel is entitled to
3 || retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing
4 || transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert
5 || reports; attorney work product; and consultant and expert work product, even if such
6 || materials contain Protected Material. Any such archival copies that contain or
7 || constitute Protected Material remain subject to this Stipulated Protective Order as
8 || set forth in Section 5.
9/15. VIOLATION
10 Any violation of this Stipulated Order may be punished by any and all
2 11 || appropriate measures including, without limitation, contempt proceedings and/or
< .
— _12||/monetary sanctions.
=z 13
2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
= 15|/DATED: April 3, 2025 MANNING & KASS
16 ELLROD, RAMIREZ, TRESTER LLP
17 By: /s/ Mildred K. O’ Linn
18 Mildred K. O’Linn
David L. Fleck
19 Attorneys for Defendants, CITY OF
REDONDO BEACH, and OFFICER
20 CHINTAN PATEL
21
DATED: April 3, 2025 KIRAKOSIAN LAW, APC
22
23 By: ____/s/ Gregorv L. Kirakosian
Gregory L. Kirakosian
24 Attornev for Plaintiff. DANIEL GARCES
25
26
27
28
16
1 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2 (
!
3||Dated: 04/09/2025 :
4 Maria oO
United es Magistrate Judg
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