The opinion
1 LEWIS BRISBOIS BISGAARD & SMITH LLP
TONY M. SAIN, SB# 251626
2 E-Mail: Tony.Sain@lewisbrisbois.com
TORI L. N. BAKKEN, SB# 329069
3 E-Mail: Tori.Bakken@lewisbrisbois.com
ABIGAIL J. R. McLAUGHLIN, SB# 313208
4 E-Mail: Abigail.McLaughlin@lewisbrisbois.com
633 West 5th Street, Suite 4000
5 Los Angeles, California 90071
Telephone: 213.250.1800
6 Facsimile: 213.250.7900
7 Attorneys for Defendants, COUNTY OF
LOS ANGELES (erroneously sued as
8 LOS ANGELES COUNTY), LOGAN
SIMI, SHANE QUESADA, and NOEL
9 WITTY
10
UNITED STATES DISTRICT COURT
11
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
12
13 ESTATE OF FRANCISCO NUNEZ by Case No. 2:25-cv-02588-MWC (AGR)
and through his successors in interest; [Hon. Michelle Williams Court, Dist.
14 MERCEDES SALINAS DE NUNEZ, Judge; Hon. Alicia G. Rosenburg, M.
individually; FRANCISCO NUNEZ Judge]
15 NINO, individually; A.N.1, a minor, by
and through their guardian ad litem
16 ADRIANA HERNANDEZ; A.N.2, a [DISCOVERY MATTER]
minor, by and through their guardian ad
17 litem, ADRIANA HERNANDEZ; F.N.,
a minor, by and through their guardian PROTECTIVE ORDER RE
18 VANESSA RODRIGUEZ; B.N., a CONFIDENTIAL DOCUMENTS
minor, by and through their guardian
19 VANESSA RODRIGUEZ; ALEXUS
ROUGHFACE, individually; Trial Date: November 30, 2026
20 MARIANNA NUNEZ, individually,
21 Plaintiffs,
22 vs.
23 LOS ANGELES COUNTY
SHERIFF’S DEPARTMENT, a public
24 entity; LOS ANGELES COUNTY, a
public entity; LOGAN SIMI, an
25 individual; SHANE QUESADA, an
individual; NOEL WITTY, an
26 individual; DOES 1 through 10,
individually,
27
Defendants.
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation would be
5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
6 the following Stipulated Protective Order. The parties acknowledge that this Order
7 does not confer blanket protections on all disclosures or responses to discovery and
8 that the protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to a confidential treatment under the applicable
10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
11 that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
13 followed and the standards that will be applied when a party seeks permission from
14 the court to file material under seal.
15 B. GOOD CAUSE STATEMENT
16 Defendants contend that there is good cause and a particularized need for a
17 protective order to preserve the interests of confidentiality and privacy in peace officer
18 personnel file records and associated investigative or confidential records for the
19 following reasons.
20 First, Defendants contend that peace officers have a federal privilege of privacy
21 in their personnel file records: a reasonable expectation of privacy therein that is
22 underscored, specified, and arguably heightened by the Pitchess protective procedure
23 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033–34
24 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-
25 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based
26 discovery disputes involving federal claims,” the “state privilege law which is
27 consistent with its federal equivalent significantly assists in applying [federal]
1 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights
2 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code
3 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that
4 uncontrolled disclosure of such personnel file information can threaten the safety of
5 non-party witnesses, officers, and their families/associates.
6 Second, Defendants contend that municipalities and law enforcement agencies
7 have federal deliberative-executive process privilege, federal official information
8 privilege, federal law enforcement privilege, and federal attorney-client privilege
9 (and/or attorney work product protection) interests in the personnel files of their peace
10 officers – particularly as to those portions of peace officer personnel files that contain
11 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or
12 communications for the purposes of obtaining or rendering legal advice or analysis –
13 potentially including but not limited to evaluative/analytical portions of Internal
14 Affairs type records or reports, evaluative/analytical portions of supervisory records
15 or reports, and/or reports prepared at the direction of counsel, or for the purpose of
16 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033–34; Maricopa
17 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092–95 (9th Cir. 1997);
18 Soto, 162 F.R.D. at 613 & n4; Kelly v. City of San Jose, 114 F.R.D. 654, 668–71 (N.D.
19 Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176–77 (D. D.C. 1998); Hamstreet v.
20 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United
21 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further
22 contend that such personnel file records are restricted from disclosure by the public
23 entity’s custodian of records pursuant to applicable California law and that
24 uncontrolled release is likely to result in needless intrusion of officer privacy;
25 impairment in the collection of third-party witness information and statements
26 and related legitimate law enforcement investigations/interests; and a chilling of
27 open and honest discussion regarding and/or investigation into alleged
1 any remedial measures that may be required.
2 Third, Defendants contend that, since peace officers do not have the same rights
3 as other private citizens to avoid giving compelled statements, it is contrary to the
4 fundamental principles of fairness to permit uncontrolled release of officers’
5 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,
6 828–30 (1985); cf. U.S. Const., amend V.
7 Accordingly, Defendants contend that, without a protective order preventing
8 such, production of confidential records in the case can and will likely substantially
9 impair and harm defendant public entity’s interests in candid self-critical analysis,
10 frank internal deliberations, obtaining candid information from witnesses, preserving
11 the safety of witnesses, preserving the safety of peace officers and peace officers’
12 families and associates, protecting the privacy officers of peace officers, and
13 preventing pending investigations from being detrimentally undermined by
14 publication of private, sensitive, or confidential information – as can and often does
15 result in litigation.
16 Plaintiffs do not agree with and do not stipulate to Defendants’ contentions
17 stated above. Plaintiffs agree, however, that there is good cause for a Protective Order
18 so as to preserve the respective interests of the parties. Plaintiffs recognize that,
19 absent this Stipulated Protective Order, the parties' respective privilege interests may
20 be impaired or harmed, and that this Stipulated Protective Order may mitigate such
21 harm by permitting the parties to facilitate discovery with reduced risk that
22 confidential information will become matters of public record.
23 The parties jointly contend that there is typically a particularized need for
24 protection as to any medical or psychotherapeutic records and autopsy photographs,
25 because of the privacy interests at stake therein. Plaintiffs A.N.1, A.N.2, F.N., and
26 B.N. are minors, and there may be a need to protect certain records pertaining to them.
27 Because of these sensitive interests, a Court Order should address these documents
1 2. DEFINITIONS
2 2.1 Action: this pending federal law suit.
3 2.2 Challenging Party: a Party or Non-Party that challenges the designation
4 of information or items under this Order.
5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
6 the medium or how generated, stored, or maintained) or tangible things that qualify
7 for protection under Federal Rule of Civil Procedure 26(c), as specified above in the
8 Good Cause Statement, and other applicable federal privileges.
9 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
10 support staff).
11 2.5 Designating Party: a Party or Non-Party that designates information or
12 items that it produces in disclosures or in responses to discovery as
13 “CONFIDENTIAL.”
14 2.6 Disclosure or Discovery Material: all items or information, regardless
15 of the medium or manner generated, stored, or maintained (including, among other
16 things, testimony, transcripts, or tangible things), that are produced or generated in
17 disclosures or responses to discovery in this matter.
18 2.7 Expert: a person with specialized knowledge or experience in a matter
19 pertinent to the litigation who has been retained by a Party or its counsel to serve as
20 an expert witness or as a consultant in this Action.
21 2.8 House Counsel: attorneys who are employees of a Party to this Action.
22 House Counsel does not include Outside Counsel of Record or any other outside
23 counsel.
24 2.9 Non-Party: any natural person, partnership, corporation, association, or
25 other legal entity not named as a Party to this action.
26 2.10 Outside Counsel of Record: attorneys who are not employees of a party
27 to this Action but are retained to represent or advise a party to this Action and have
1 has appeared on behalf of that party, and includes support staff.
2 2.11 Party: any part to this Action, including all of its officers, directors,
3 employees, consultants, retained experts, and Outside Counsel of Record (and their
4 support staffs).
5 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
6 Discovery Material in this Action.
7 2.13 Professional Vendors: persons or entities that provide litigation support
8 services (e.g., photocopying; videotaping; translating; preparing exhibits or
9 demonstrations; and organizing, storing, or retrieving data in any form or medium)
10 and their employees and subcontractors.
11 2.14 Protected Material: any Disclosure or Discovery Material that is
12 designated as “CONFIDENTIAL.”
13 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
14 from a Producing Party.
15 3. SCOPE
16 The protections conferred by this Stipulation and Order cover not only
17 Protected Material (as defined above), but also (1) any information copied or
18 extracted from Protected Material; (2) all copies, excerpts, summaries, or
19 compilations of Protected Material; and (3) any testimony, conversations, or
20 presentations by Parties or their Counsel 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 Order does not govern the use of Protected Material at trial.
23 4. DURATION
24 Even after final disposition of this litigation, the confidentiality obligations
25 imposed by this Order shall remain in effect until a Designating Party agrees
26 otherwise in writing or a court order otherwise directs. Final disposition shall be
27 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
1 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
2 including the time limits for filing any motions or applications for extension of time
3 pursuant to applicable law.
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise of Restraint and Care in Designating Material for Protection.
6 Each Party or Non-Party that designates information or items for protection
7 under this Order must take care to limit any such designation to specific material that
8 qualifies under the appropriate standards. The Designating Party must designate for
9 protection only those parts of material, documents, items, or oral or written
10 communications that qualify so that other portions of the material, documents, items,
11 or communications for which protection is not warranted are not swept unjustifiably
12 within the ambit of this Order.
13 Mass, indiscriminate, or routine designations are prohibited. Designations that
14 are shown to be clearly unjustified, or that have been made for an improper purpose
15 (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating Party
17 to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other parties that it is withdrawing the inapplicable designation.
21 5.2 Manner and Timing of Designations. Except as otherwise provided in
22 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
23 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
24 under this Order must be clearly so designated before the material is disclosed or
25 produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
1 proceedings), that the Producing Party affix at a minimum, the legend
2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
3 contains protected material. If only a portion or portions of the material on a page
4 qualifies for protection, the Producing Party also must clearly identify the protected
5 portion(s) (e.g., by making appropriate markings in the margins).
6 A Party or Non-Party that makes original documents available for inspection
7 need not designate them for protection until after the inspecting Party has indicated
8 which documents it would like copied and produced. During the inspection and before
9 the designation, all of the material made available for inspection shall be deemed
10 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
11 copied and produced, the Producing Party must determine which documents, or
12 portions thereof, qualify for protection under this Order. Then, before producing the
13 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
14 to each page that contains Protected Material. If only a portion or portions of the
15 material on a page qualifies for protection, the Producing Party also must clearly
16 identify the protected portion(s) (e.g., by making appropriate markings in the
17 margins). Markings added to documents pursuant to this paragraph shall not obscure
18 the content or text of the documents produced.
19 (b) for testimony given in depositions that the Designating Party
20 identify the Disclosure or Discovery Material on the record, before the close of the
21 deposition all protected testimony. The court reporter must affix to each such
22 transcript page containing Protected Material the “CONFIDENTIAL legend”, as
23 instructed by the Designating Party.
24 (c) for information produced in some form other than documentary
25 and for any other tangible items, that the Producing Party affix in a prominent place
26 on the exterior of the container or containers in which the information or item is stored
27 the legend “CONFIDENTIAL.” If only a portions or portions of the information or
1 the protected portion(s).
2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
3 failure to designate qualified information or items as “CONFIDENTIAL” does not,
4 standing alone, waive the Designating Party’s right to secure protection under this
5 Stipulation and its associated Order for such material. Upon timely correction of a
6 designation, the Receiving Party must make reasonable efforts to assure that the
7 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
10 designation of confidentiality at any time that is consistent with the Court's
11 Scheduling Order.
12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
13 resolution process under Local Rule 37.1 et seq.
14 6.3 The burden of persuasion in any such challenge proceeding shall be on
15 the Designating Party. Frivolous challenges, and those made for an improper purpose
16 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
17 expose the Challenging Party to sanctions. Unless the Designating Party has waived
18 or withdrawn the confidentiality designation, all parties shall continue to afford the
19 material in question the level of protection to which it is entitled under the Producing
20 Party’s designation until the Court rules on the challenge.
21 6.4 Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
22 Designating Party may remove Protected Material from some or all of the protections
23 and provisions of this Stipulated Protective Order at any time by any of the following
24 methods:
25 (a) Express Written Withdrawal. A Designating Party may withdraw a
26 “CONFIDENTIAL” designation made to any specified Protected Material from some
27 or all of the protections of this Stipulated Protective Order by an express withdrawal
1 including staff of such counsel) that specifies and itemizes the Disclosure or
2 Discovery Material previously designated as Protected Material that shall not longer
3 be subject to some or all of the provisions of this Stipulated Protective Order. Such
4 express withdrawal shall be effective when transmitted or served upon the Receiving
5 Party. If a Designating Party is withdrawing Protected Material from only some of
6 the provisions/protections of this Stipulated Protective Order, the Designating Party
7 must state which specific provisions are no longer to be enforced as to the specified
8 material for which confidentiality protection hereunder is withdrawn: otherwise, such
9 withdrawal shall be construed as a withdrawal of such material from all of the
10 protections/provisions of this Stipulated Protective Order;
11 (b) Express Withdrawal on the Record. A Designating Party may withdraw
12 a “CONFIDENTIAL” designation made to any specified Protected Material from all
13 of the provisions/protections of this Stipulated Protective Order by verbally
14 consenting in court proceedings on the record to such withdrawal – provided that such
15 withdrawal specifies the Disclosure or Discovery Material previously designated as
16 Protected Material shall no longer be subject to any of the provisions of this
17 Stipulation and Order;
18 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A
19 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”
20 designation made to any specified Protected Material from all of the
21 provisions/protections of this Stipulated Protective Order by either (1) making such
22 Protected Material part of the public record – including but not limited to attaching
23 such as exhibits to any filing with the court without moving, prior to such filing, for
24 the court to seal such records; or (2) failing to timely oppose a Challenging Party’s
25 motion to remove a “CONFIDENTIAL” designation to specified Protected Material.
26 7. ACCESS TO AND USE OF PROTECTED MATERIAL
27 7.1 Basic Principles. A Receiving Party may use Protected Material that is
1 Action only for prosecuting, defending, or attempting to settle this Action. Such
2 Protected Material may be disclosed only to the categories of persons and under the
3 conditions prescribed in this Order. When the Action has been terminated, a
4 Receiving Party must comply with the provisions of section 13 below (FINAL
5 DISPOSITION).
6 Protected Material must be stored and maintained by a Receiving Party at a
7 location and in a secure manner that ensures that access is limited to the persons
8 authorized under this Order.
9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
10 otherwise ordered by the Court or permitted in writing by the Designating Party, a
11 Receiving Party may disclose any information or item designated
12 “CONFIDENTIAL” only to:
13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
14 as employees of such Counsel to whom it is reasonably necessary to disclose the
15 information for this Action;
16 (b) the officers, directors, and employees (including House Counsel) of the
17 Receiving Party to whom disclosure is reasonably necessary for this Action;
18 (c) Experts (as defined in this Order) of the Receiving Party to whom
19 disclosure is reasonably necessary for this Action and who have signed the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (d) the court and its personnel;
22 (e) court reporters and their staff;
23 (f) professional jury or trial consultants, mock jurors, and Professional
24 Vendors to whom disclosure is reasonably necessary for this Action and who have
25 signed the “ Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 (g) the author or recipient of a document containing the information or a
27 custodian or other person who otherwise possessed or knew the information;
1 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
2 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
3 not be permitted to keep any confidential information unless they sign the
4 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
5 agreed by the Designating Party or ordered by the court. Pages of transcribed
6 deposition testimony or exhibits to depositions that reveal Protected Material may be
7 separately bound by the court reporter and may not be disclosed to anyone except as
8 permitted under this Stipulated Protective Order; and
9 (i) any mediator or settlement officer, and their supporting personnel,
10 mutually agreed upon by any of the parties engaged in settlement discussions.
11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
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If a Party is served with a subpoena or a court order issued in other litigation
13
that compels disclosure of any information or items designated in this Action as
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“CONFIDENTIAL,” that Party must:
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(a) promptly notify in writing the Designating Party. Such notification shall
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include a copy of the subpoena or court order;
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(b) promptly notify in writing the party who caused the subpoena or order to
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issue in the other litigation that some or all of the material covered by the subpoena
19
or order is subject to Protective Order. Such notification shall include a copy of this
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Stipulated Protective Order; and
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(c) cooperate with respect to all reasonable procedures sought to be pursued
22
by the Designating Party whose Protected Material may be affected.
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If the Designating Party timely seeks a protective order, the Party served with
24
the subpoena or court order shall not produce any information designated in this action
25
as “CONFIDENTIAL” before a determination by the court from which the subpoena
26
or order issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that court
1 of its confidential material and nothing in these provisions should be construed as
2 authorizing or encouraging a Receiving Party in this action to disobey a lawful
3 directive from another court.
4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
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(a) The terms of this Order are applicable to information produced by a Non-
6
Party in this Action and designated as “CONFIDENTIAL.” Such information
7
produced by Non-Parties in connection with this litigation is protected by the
8
remedies and relief provided by this Order. Nothing in these provisions should be
9
construed as prohibiting a Non-Party from seeking additional protections.
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(b) In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is
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subject to an agreement with the Non-Party not to produce the Non-Party’s
13
confidential information, then the Party shall:
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(1) promptly notify in writing the Requesting Party and the Non-Party
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that some or all of the information requested is subject to a confidentiality agreement
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with a Non-Party;
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(2) promptly provide the Non-Party with a copy of the Stipulated
18
Protective Order in this Action, the relevant discovery request(s), and a reasonably
19
specific description of the information requested; and
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(3) make the information requested available for inspection by the
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Non-Party, if requested.
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(c) If the Non-Party fails to seek a protective order from this court within 14
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days of receiving the notice and accompanying information, the Receiving Party may
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produce the Non-Party’s confidential information responsive to the discovery request.
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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
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any information in its possession or control that is subject to the confidentiality
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agreement with the Non-Party before a determination by the court. Absent a court
1 order to the contrary, the Non-Party shall bear the burden and expense of seeking
2 protection in this court of its Protected Material.
3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5 Protected Material to any person or in any circumstance not authorized under this
6 Stipulation and Order, the Receiving Party must immediately: (a) notify in writing the
7 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
8 all unauthorized copies of the Protected Material, (c) inform the person or persons to
9 whom unauthorized disclosures were made of all the terms of this Order, and (d)
10 request such person or persons execute the Acknowledgement and Agreement to Be
11 Bound” that is attached hereto as Exhibit A.
12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
13
When a Producing Party gives notice to Receiving Parties that certain
14
inadvertently produced material is subject to a claim of privilege or other protection,
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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
16
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
17
may be established in an e-discovery order that provides for production without prior
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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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parties reach an agreement on the effect of disclosure of a communication or
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information covered by the attorney-client privilege or work product protection, the
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parties may incorporate their agreement in the stipulated protective order submitted
22
to the court.
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12. MISCELLANEOUS
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12.1 Right to Further Relief. Nothing in this Order abridges the right of any
25
person to seek modification by the Court in the future.
26
12.2 Right to Assert Other Objections. By stipulating to the entry of this
27
Protective Order no Party waives any right it otherwise would have to object to
1 disclosing or producing any information or item on any ground not addressed in this
2 Stipulated Protective Order. Similarly, no Party waives any right to object on any
3 ground to use in evidence of any of the material covered by this Protective Order.
4 12.3 Filing of Protected Material. A party that seeks to file under seal any
5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
6 only be filed under seal pursuant to a court order authorizing the sealing of the specific
7 Protected Material at issue. If a Party’s request to file Protected Material under seal
8 is denied by the court, then the Receiving Party may file the information in the public
9 record unless otherwise instructed by the court.
10 13. FINAL DISPOSITION
11 After the final disposition of this Action, as defined in paragraph 4, within 60
12 days of a written request by the Designating Party, each Receiving Party must return
13 all Protected Material to the Producing Party or destroy such material. As used in this
14 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15 summaries, and any other format reproducing or capturing any of the Protected
16 Material. Whether the Protected Material is returned or destroyed, the Receiving
17 Party must submit a written certification to the Producing Party (and, if not the same
18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
19 (by category, where appropriate) all the Protected Material that was returned or
20 destroyed and (2) affirms that the Receiving Party has not retained any copies,
21 abstracts, compilations, summaries or any other format reproducing or capturing any
22 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
23 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
25 reports, attorney work product, and consultant and expert work product, even if such
26 materials contain Protected Material. Any such archival copies that contain or
27 constitute Protected Material remain subject to this Protective Order as set forth in
1 14. Any violation of this Order may be punished by any and all appropriate
2 measures including, without limitation, contempt proceedings and/or monetary
3 sanctions.
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5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6
7 DATED: September 19, 2025 LEWIS BRISBOIS BISGAARD & SMITH LLP
8
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By: /s/ Aaron E. Kircher
10
TONY M. SAIN
11 TORI L.N. BAKKEN
12 ABIGAIL J.R. MCLAUGHLIN
AARON E. KIRCHER
13 Attorneys for Defendants, COUNTY OF
14 LOS ANGELES, LOGAN SIMI, SHANE
QUESADA, and NOEL WITTY
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1 DATED: September 18, 2025 GASTÉLUM LAW, APC
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By: /s/ Denisse Gastélum
4
DENISSE O. GASTÉLUM
5 Attorney for Plaintiffs,
6 A.N.1, a minor by and through their
Guardian Ad Litem Adriana Hernandez;
7 A.N.2, a minor by and through their
8 Guardian Ad Litem Adriana Hernandez;
F.N., a minor by and through their
9 Guardian Ad Litem Adriana Hernandez;
10 B.N., a minor by and through their
Guardian Ad Litem Adriana Hernandez
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DATED: September 18, 2025 LAW OFFICES OF CHRISTIAN
13 CONTRERAS PLC
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16 By: __/s/ _Christian Contreras_________
CHRISTIAN M. CONTRERAS
17 CLAIRE MCCALL
18 Attorney for Plaintiff,
ESTATE OF FRANCISCO NUNEZ, by
19 and through his successors in interest
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DATED: September 17, 2025 LAW OFFICES OF HUMBERTO
21
GUIZAR
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By: ____/s/ Humberto Guizar__________
24 HUMBERTO M. GUIZAR
Attorney for Plaintiffs,
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A.N.1, a minor by and through their
26 Guardian Ad Litem Adriana Hernandez;
A.N.2, a minor by and through their
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Guardian Ad Litem Adriana Hernandez
1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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3 || Dated: October 20, 2025
Ubias A Keane
6|| United States Magistrate Judge
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162399515.1 12
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
5 I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Central District of California on
7 [date] in the case of ___________ [insert formal name of the case and the number and
8 initials assigned to it by the court]. I agree to comply with and to be bound by all the
9 terms of this Stipulated Protective Order and I understand and acknowledge that
10 failure to so comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any information
12 or item that is subject to this Stipulated Protective Order to any person or entity except
13 in strict compliance with the provisions of this Order. I further agree to submit to the
14 jurisdiction of the United States District Court for the Central District of California
15 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
16 enforcement proceedings occur after termination of this action. I hereby appoint
17 __________________________ [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
20 this action or any proceedings related to enforcement of this Stipulated Protective
21 Order.
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24
25 Printed name: _______________________________
26
27 Signature: __________________________________