The opinion
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Ahmad Bonner, CASE NO. 2:24-cv-10606-AB-KSx
12 Hon. Andre Birotte, Jr. – Ctrm. 7B
Plaintiff Hon. Karen L. Stevenson – Ctrm. 580
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v.
14 STIPULATED PROTECTIVE ORDER
City of Los Angeles; and DOES 1
15 through 10 inclusive,
16 Defendants.
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1. A. PURPOSES AND LIMITATIONS
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Discovery in this action is likely to involve production of confidential,
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proprietary, or private information for which special protection from public disclosure
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and from use for any purpose other than prosecuting this litigation may be warranted.
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Accordingly, the parties hereby stipulate to and petition the Court to enter the following
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Stipulated Protective Order. The parties acknowledge that this Order does not confer
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blanket protections on all disclosures or responses to discovery and that the protection it
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affords from public disclosure and use extends only to the limited information or items
1 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
2 Protective Order does not entitle them to file confidential information under seal; Civil
3 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
4 will be applied when a party seeks permission from the court to file material under seal.
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6 B. GOOD CAUSE STATEMENT
7 This action involves employees of the City of Los Angeles (the “City”) which
8 include members of the City’s Los Angeles Police Department (“LAPD”). The nature
9 of the incident that gives rise to Plaintiff’s suit and Plaintiff’s claims and allegations,
10 will result in discovery production that includes: police reports and evidence;
11 investigation reports and evidence; potentially peace officer personnel materials;
12 information implicating the privacy rights of third parties (i.e., bystander witnesses,
13 emergency personnel information); and other private and confidential materials for
14 which require special protection from public disclosure.
15 Specifically, Plaintiff is seeking materials and information that Defendant
16 maintains as confidential such as personnel files of the police and/or sworn officers
17 involved in this incident, Internal Affairs materials and information, video recordings,
18 audio recordings, photographs, and information and other administrative materials and
19 information currently in the possession of the City and which Defendant believes need
20 special protection from public disclosure and from use for any purpose other than
21 prosecuting this litigation. Plaintiff may also seek official information contained in the
22 personnel files of the police and/or sworn officers involved in the subject incident,
23 which are maintained as strictly confidential and which Defendants believe need special
24 protection from public disclosure and from use for any purpose other than prosecuting
25 this litigation.
26 Defendant asserts that the confidentiality of the materials and information sought
27 by Plaintiff is recognized by California and federal law, as evidenced inter alia by
1 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). Defendant has not
2 publicly released the materials and information referenced above except under
3 protective order or pursuant to a court order, if at all. The personnel materials and
4 information are of the type that has been used to initiate disciplinary action against the
5 City’s respective employees, and has been used as evidence in disciplinary proceedings,
6 where the employee conduct was considered to be contrary to policy.
7 Defendant contends that absent a protective order delineating the responsibilities
8 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary
9 and undue disclosure by one or more of the many attorneys, secretaries, law clerks,
10 paralegals and expert witnesses involved in this case, as well as the corollary risk of
11 embarrassment, harassment and professional and legal harm on the part of the City’s
12 employees referenced in the materials and information.
13 Defendant also contends that the unfettered disclosure of the materials and
14 information, absent a protective order, would allow the media to share this information
15 with potential jurors in the area, impacting the rights of Defendant herein to receive a
16 fair trial.
17 Accordingly, to expedite the flow of information, to facilitate the prompt
18 resolution of disputes over confidentiality of discovery materials, to adequately protect
19 information the parties are entitled to keep confidential, to ensure that the parties are
20 permitted reasonable necessary uses of such material in preparation for and in the
21 conduct of trial, to address their handling at the end of the litigation, and serve the ends
22 of justice, a protective order for such information is justified in this matter. It is the
23 intent of the parties that information will not be designated as confidential for tactical
24 reasons and that nothing be so designated without a good faith belief that it has been
25 maintained in a confidential, non-public manner, and there is good cause why it should
26 not be part of the public record of this case.
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1 Plaintiff agrees that there is Good Cause for a Protective Order so as to preserve
2 the respective interests of the parties while streamlining the process of resolving any
3 disagreements.
4 The parties therefore stipulate that there is Good Cause for, and hereby jointly
5 request that the honorable Court issue a Protective Order regarding confidential
6 documents consistent with the terms and provisions of this Stipulation. However, the
7 entry of a Protective Order by the Court pursuant to this Stipulation shall not be
8 construed as any ruling by the Court on the aforementioned legal statements or privilege
9 claims in this section, no shall this section be construed as part of any such Court Order.
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11 2. DEFINITIONS
12 2.1 Action: Bonner v. City of Los Angeles, et al., case no. 2:24-cv-10606-AB-KS.
13 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
14 information or items under this Order.
15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it
16 is generated, stored or maintained) or tangible things that qualify for protection under
17 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
18 Statement.
19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
20 support staff).
21 2.5 Designating Party: a Party or Non-Party that designates information or items
22 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
23 2.6 Disclosure or Discovery Material: all items or information, regardless of the
24 medium or manner in which it is generated, stored, or maintained (including, among
25 other things, testimony, transcripts, and tangible things), that are produced or generated
26 in disclosures or responses to discovery in this matter.
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1 2.7 Expert: a person with specialized knowledge or experience in a matter
2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
3 expert witness or as a consultant in this Action.
4 2.8 House Counsel: attorneys who are employees of a party to this Action. House
5 Counsel does not include Outside Counsel of Record or any other outside counsel.
6 2.9 Non-Party: any natural person, partnership, corporation, association, or other
7 legal entity not named as a Party to this action.
8 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
9 this Action but are retained to represent or advise a party to this Action and have
10 appeared in this Action on behalf of that party or are affiliated with a law firm which
11 has appeared on behalf of that party, and includes support staff.
12 2.11 Party: any party to this Action, including all of its officers, directors,
13 employees, consultants, retained experts, and Outside Counsel of Record (and their
14 support staffs).
15 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
16 Discovery Material in this Action.
17 2.13 Professional Vendors: persons or entities that provide litigation support
18 services (e.g., photocopying, videotaping, translating, preparing exhibits or
19 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
20 their employees and subcontractors.
21 2.14 Protected Material: any Disclosure or Discovery Material that is designated
22 as “CONFIDENTIAL.”
23 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
24 from a Producing Party.
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26 3. SCOPE
27 The protections conferred by this Stipulation and Order cover not only Protected
1 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
2 Material; and (3) any testimony, conversations, or presentations by Parties or their
3 Counsel that might reveal Protected Material.
4 Any use of Protected Material at trial shall be governed by the orders of the trial
5 judge. This Order does not govern the use of Protected Material at trial.
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7 4. DURATION
8 Once a case proceeds to trial, all of the information that was designated as
9 confidential or maintained pursuant to this protective order becomes public and will be
10 presumptively available to all members of the public, including the press, unless
11 compelling reasons supported by specific factual findings to proceed otherwise are
12 made to the trial judge in advance of the trial. See Kamakana v. City and County of
13 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
14 showing for sealing documents produced in discovery from “compelling reasons”
15 standard when merits-related documents are part of court record). Accordingly, the
16 terms of this protective order do not extend beyond the commencement of the trial.
17 Even after final disposition of this litigation, the confidentiality obligations imposed by
18 this Order shall remain in effect until a Designating Party agrees otherwise in writing or
19 a court order otherwise directs. Final disposition shall be deemed to be the later of (1)
20 dismissal of all claims and defenses in this Action, with or without prejudice; and (2)
21 final judgment herein after the completion and exhaustion of all appeals, rehearings,
22 remands, trials, or reviews of this Action, including the time limits for filing any
23 motions or applications for extension of time pursuant to applicable law.
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25 5. DESIGNATING PROTECTED MATERIAL
26 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
27 Party or Non-Party that designates information or items for protection under this Order
1 appropriate standards. The Designating Party must designate for protection only those
2 parts of material, documents, items, or oral or written communications that qualify so
3 that other portions of the material, documents, items, or communications for which
4 protection is not warranted are not swept unjustifiably within the ambit of this Order.
5 Mass, indiscriminate, or routinized designations are prohibited. Designations that
6 are shown to be clearly unjustified or that have been made for an improper purpose
7 (e.g., to unnecessarily encumber the case development process or to impose
8 unnecessary expenses and burdens on other parties) may expose the Designating Party
9 to sanctions.
10 If it comes to a Designating Party’s attention that information or items that it
11 designated for protection do not qualify for protection, that Designating Party must
12 promptly notify all other Parties that it is withdrawing the inapplicable designation.
13 5.2 Manner and Timing of Designations. Except as otherwise provided in this
14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
15 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
16 must be clearly so designated before the material is disclosed or produced.
17 Designation in conformity with this Order requires:
18 (a) for information in documentary form (e.g., paper or electronic documents, but
19 excluding transcripts of depositions or other pretrial or trial proceedings), that the
20 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
21 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
22 portion or portions of the material on a page qualifies for protection, the Producing
23 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
24 markings in the margins).
25 A Party or Non-Party that makes original documents available for inspection
26 need not designate them for protection until after the inspecting Party has indicated
27 which documents it would like copied and produced. During the inspection and before
1 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
2 copied and produced, the Producing Party must determine which documents, or portions
3 thereof, qualify for protection under this Order. Then, before producing the specified
4 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
5 that contains Protected Material. If only a portion or portions of the material on a page
6 qualifies for protection, the Producing Party also must clearly identify the protected
7 portion(s) (e.g., by making appropriate markings in the margins).
8 (b) for testimony given in depositions that the Designating Party identify the
9 Disclosure or Discovery Material on the record, before the close of the deposition all
10 protected testimony.
11 (c) for information produced in some form other than documentary and for any
12 other tangible items, that the Producing Party affix in a prominent place on the exterior
13 of the container or containers in which the information is stored the legend
14 “CONFIDENTIAL.” If only a portion or portions of the information warrants
15 protection, the Producing Party, to the extent practicable, shall identify the protected
16 portion(s).
17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
18 to designate qualified information or items does not, standing alone, waive the
19 Designating Party’s right to secure protection under this Order for such material. Upon
20 timely correction of a designation, the Receiving Party must make reasonable efforts to
21 assure that the material is treated in accordance with the provisions of this Order.
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23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
25 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
27 process under Local Rule 37.1 et seq.
1 6.3 The burden of persuasion in any such challenge proceeding shall be on the
2 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
3 to harass or impose unnecessary expenses and burdens on other parties) may expose the
4 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
5 the confidentiality designation, all parties shall continue to afford the material in
6 question the level of protection to which it is entitled under the Producing Party’s
7 designation until the Court rules on the challenge.
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9 7. ACCESS TO AND USE OF PROTECTED MATERIAL
10 7.1 Basic Principles. A Receiving Party may use Protected Material that is
11 disclosed or produced by another Party or by a Non-Party in connection with this
12 Action only for prosecuting, defending, or attempting to settle this Action. Such
13 Protected Material may be disclosed only to the categories of persons and under the
14 conditions described in this Order. When the Action has been terminated, a Receiving
15 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
16 Protected Material must be stored and maintained by a Receiving Party at a
17 location and in a secure manner that ensures that access is limited to the persons
18 authorized under this Order.
19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
20 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
21 may disclose any information or item designated “CONFIDENTIAL” only to:
22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
23 employees of said Outside Counsel of Record to whom it is reasonably necessary to
24 disclose the information for this Action;
25 (b) the officers, directors, and employees (including House Counsel) of the
26 Receiving Party to whom disclosure is reasonably necessary for this Action;
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1 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
2 is reasonably necessary for this Action and who have signed the “Acknowledgment and
3 Agreement to Be Bound” (Exhibit A);
4 (d) the court and its personnel;
5 (e) court reporters and their staff;
6 (f) professional jury or trial consultants, mock jurors, and Professional Vendors
7 to whom disclosure is reasonably necessary for this Action and who have signed the
8 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (g) the author or recipient of a document containing the information or a
10 custodian or other person who otherwise possessed or knew the information;
11 (h) during their depositions, witnesses ,and attorneys for witnesses, in the Action
12 to whom disclosure is reasonably necessary provided: (1) the deposing party requests
13 that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be
14 permitted to keep any confidential information unless they sign the “Acknowledgment
15 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
16 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to
17 depositions that reveal Protected Material may be separately bound by the court reporter
18 and may not be disclosed to anyone except as permitted under this Stipulated Protective
19 Order; and
20 (i) any mediator or settlement officer, and their supporting personnel, mutually
21 agreed upon by any of the parties engaged in settlement discussions.
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23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
24 OTHER LITIGATION
25 If a Party is served with a subpoena or a court order issued in other litigation that
26 compels disclosure of any information or items designated in this Action as
27 “CONFIDENTIAL,” that Party must:
1 (a) promptly notify in writing the Designating Party. Such notification shall
2 include a copy of the subpoena or court order;
3 (b) promptly notify in writing the party who caused the subpoena or order to
4 issue in the other litigation that some or all of the material covered by the subpoena or
5 order is subject to this Protective Order. Such notification shall include a copy of this
6 Stipulated Protective Order; and
7 (c) cooperate with respect to all reasonable procedures sought to be pursued by
8 the Designating Party whose Protected Material may be affected.
9 If the Designating Party timely seeks a protective order, the Party served with the
10 subpoena or court order shall not produce any information designated in this action as
11 “CONFIDENTIAL” before a determination by the court from which the subpoena or
12 order issued, unless the Party has obtained the Designating Party’s permission. The
13 Designating Party shall bear the burden and expense of seeking protection in that court
14 of its confidential material and nothing in these provisions should be construed as
15 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
16 directive from another court.
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18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
19 IN THIS LITIGATION
20 (a) The terms of this Order are applicable to information produced by a Non-
21 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
22 by Non-Parties in connection with this litigation is protected by the remedies and relief
23 provided by this Order. Nothing in these provisions should be construed as prohibiting a
24 Non-Party from seeking additional protections.
25 (b) In the event that a Party is required, by a valid discovery request, to produce a
26 Non-Party’s confidential information in its possession, and the Party is subject to an
27 agreement with the Non-Party not to produce the Non-Party’s confidential information,
1 (1) promptly notify in writing the Requesting Party and the Non-Party that some
2 or all of the information requested is subject to a confidentiality agreement with a Non-
3 Party;
4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
5 Order in this Action, the relevant discovery request(s), and a reasonably specific
6 description of the information requested; and
7 (3) make the information requested available for inspection by the Non-Party, if
8 requested.
9 (c) If the Non-Party fails to seek a protective order from this court within 14 days
10 of receiving the notice and accompanying information, the Receiving Party may
11 produce the Non-Party’s confidential information responsive to the discovery request. If
12 the Non-Party timely seeks a protective order, the Receiving Party shall not produce
13 any information in its possession or control that is subject to the confidentiality
14 agreement with the Non-Party before a determination by the court. Absent a court order
15 to the contrary, the Non-Party shall bear the burden and expense of seeking protection
16 in this court of its Protected Material.
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18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
20 Protected Material to any person or in any circumstance not authorized under this
21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
22 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
23 all unauthorized copies of the Protected Material, (c) inform the person or persons to
24 whom unauthorized disclosures were made of all the terms of this Order, and (d)
25 request such person or persons to execute the “Acknowledgment and Agreement to Be
26 Bound” that is attached hereto as Exhibit A.
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1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain
4 inadvertently produced material is subject to a claim of privilege or other protection, the
5 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
7 may be established in an e-discovery order that provides for production without prior
8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
9 parties reach an agreement on the effect of disclosure of a communication or
10 information covered by the attorney-client privilege or work product protection, the
11 parties may incorporate their agreement in the stipulated protective order submitted to
12 the court.
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14 12. MISCELLANEOUS
15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
16 person to seek its modification by the Court in the future.
17 12.2 Right to Assert Other Objections. By stipulating to the entry of this
18 Protective Order no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in this
20 Stipulated Protective Order. Similarly, no Party waives any right to object on any
21 ground to use in evidence of any of the material covered by this Protective Order.
22 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
23 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
24 under seal pursuant to a court order authorizing the sealing of the specific Protected
25 Material at issue. If a Party's request to file Protected Material under seal is denied by
26 the court, then the Receiving Party may file the information in the public record unless
27 otherwise instructed by the court.
1 13. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 4, within 60
3 days 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
7 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
8 must submit a written certification to the Producing Party (and, if not the same person
9 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
10 category, where appropriate) all the Protected Material that was returned or destroyed
11 and (2)affirms that the Receiving Party has not retained any copies, abstracts,
12 compilations, summaries or any other format reproducing or capturing any of the
13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
14 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
15 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
16 work product, and consultant and expert work product, even if such materials contain
17 Protected Material. Any such archival copies that contain or constitute Protected
18 Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
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20 14. Any violation of this Order may be punished by any and all appropriate measures
21 including, without limitation, contempt proceedings and/or monetary sanctions.
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1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 || DATED: May 19, 2025 PLC LAW GROUP, APC
4
5 /s/Na’Shaun L. Neal
6 PETER L. CARR, IV
NA’SHAUN L. NEAL
7 LAUREN K. MCRAE
g Attorneys for Plaintiff Ahmad Bonner
? DATED: May 12, 2025 HYDEE FELDSTEIN SOTO, City Attorney
10 DENISE C. MILLS, Chief Deputy City Attorney
KATHLEEN KENEALY, Chief Assistant City Attorney
CORY M. BRENTE, Senior Assistant City Attorney
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By: Kehecea E Sbunter
14 REBECCA E. HUNTER, Deputy City Attorney
15 Attorneys for Defendant, CITY OF LOS ANGELES
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19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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>] DATED: June 2, 2025
22
TS men £: osensn_
23 Hon. Karen L. Stevenson
24 || Chief U.S. Magistrate Judge
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1 EXHIBIT 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 have read in its
5 entirety and understand the Stipulated Protective Order that was issued by the United
6 States District Court for the Central District of California on [date] in the case of
7 Bonner v. City of Los Angeles, et al., case no. 2:24-cv-10606-AB-KS. I agree to comply
8 with and to be bound by all the terms of this Stipulated Protective Order and I
9 understand and acknowledge that failure to so comply could expose me to sanctions and
10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any
11 manner any information or item that is subject to this Stipulated Protective Order to any
12 person or entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the
14 Central District of California for the purpose of enforcing the terms of this Stipulated
15 Protective Order, even if such enforcement proceedings occur after termination of this
16 action. I hereby appoint __________________________ [print or type full name] of
17 _______________________________________ [print or type full address and
18 telephone number] as my California agent for service of process in connection with this
19 action or any proceedings related to enforcement of this Stipulated Protective Order.
20 Date: ______________________________________
21 City and State where sworn and signed: _________________________________
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23 Printed name: _______________________________
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25 Signature: __________________________________
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