Opinion

Daniel Garces v. City of Redondo Beach

Court
District Court, C.D. California
Filed
Apr 9, 2025
Cited by
0 cases
Authority
More cited than 34.8%

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

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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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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