Opinion

Court: District Court, C.D. California
Filed: Apr 13, 2026
Cited by: 0 cases
Authority: More cited than 41.4%

The opinion

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

11 A.R.D.L.T. by and through his CASE NO. 5:25−cv−03403 PA (SSCx)

Guardian Ad Litem VERONICA DE

12 LA TORRE, an individual, Assigned for All Purposes to:

Judge Percy Anderson

13 Plaintiff,

[DISCOVERY MATTER]

14 vs.

PROTECTIVE ORDER

15 CITY OF ONTARIO; ONTARIO

POLICE DEPARTMENT; CITY OF [Matter for Determination Before The

16 MURRIETA; MURRIETA POLICE Honorable Magistrate Judge Stephanie

DEPARTMENT; BRYANT RICHARD

S. Christensen]

17 DEVEY; BRENNAN VON DEVEY;

BRICE ROBERT DEVEY; KYLE

18 MEYER; and DOES 1 through 60,

inclusive,

Defendants.

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1 [PROPOSED] ORDER

2 Having considered the Stipulation by the Parties, through their respective

3 || attorneys of record, the stipulated request for a Protective Order as described herein

4 ||is hereby granted.

5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

8 || Dated: April 13, 2026

□□ INTRODUCTION

12 1.1 Purposes and Limitations. Discovery in this action is likely to involve

13 || production of confidential, proprietary, or private information for which special

14 || protection from public disclosure and from use for any purpose other than

15 || prosecuting this litigation may be warranted. Accordingly, the parties hereby

16 || stipulate to and petition the court to enter the following Stipulated Protective Order.

17|| The parties acknowledge that this Order does not confer blanket protections on all

18 || disclosures or responses to discovery and that the protection it affords from public

19 || disclosure and use extends only to the limited information or items that are entitled

20 || to confidential treatment under the applicable legal principles.

21 1.2 Good Cause Statement. This action is likely to involve confidential

22 || and sensitive information regarding primarily a minor, A.R.D.L.T., who is the

23 || subject of this lawsuit against the Defendants. There are also other minor witnesses

24 || who were present during the incident giving rise to this lawsuit. Therefore, the

25 || nature of protecting the minors’ information and privacy is critical for which special

26 || protection from public disclosure and from use for any purpose other than the

27 || litigation of this action is warranted. Further, this action will also likely involve law

enforcement sensitive information, law enforcement personnel information, medical

information, third party contact information, and other information which special

protection from public disclosure and from use for any other purpose other than for

prosecution of this action is warranted.

The documents related to this matter include but are not limited to the

following: police reports regarding a minor, discovery related to juvenile court

records, sensitive pictures of minor children, medical records of minor children, law

enforcement investigation reports, law enforcement personnel records, and

documents which are otherwise generally unavailable to the public, or which may be

privileged or otherwise protected from disclosure under state or federal statutes,

court rules, case decisions, or common law.

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

resolution of disputes over confidentiality of discovery materials, to adequately

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

parties are permitted reasonable necessary uses of such material in preparation for

and in the conduct of trial, to address their handling at the end of the litigation, and

serve the ends of justice, a protective order for such information is justified in this

matter. It is the intent of the parties that information will not be designated as

confidential for tactical reasons and that nothing be so designated without a good

faith belief that it has been maintained in a confidential, non-public manner, and

there is good cause why it should not be part of the public record of this case.

1.3 Acknowledgment of Procedure for Filing Under Seal. The parties

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

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

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

that will be applied when a party seeks permission from the court to file material

under seal.

proceedings and records in civil cases. In connection with non-dispositive motions,

good cause must be shown to support a filing under seal. See Kamakana v. City

and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of

Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-

Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

protective orders require good cause showing), and a specific showing of good

cause or compelling reasons with proper evidentiary support and legal justification,

must be made with respect to Protected Material that a party seeks to file under

seal. The parties’ mere designation of Disclosure or Discovery Material as

CONFIDENTIAL does not—without the submission of competent evidence by

declaration, establishing that the material sought to be filed under seal qualifies as

confidential, privileged, or otherwise protectable—constitute good cause.

Further, if a party requests sealing related to a dispositive motion or trial,

then compelling reasons, not only good cause, for the sealing must be shown, and

the relief sought shall be narrowly tailored to serve the specific interest to be

protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir.

2010). For each item or type of information, document, or thing sought to be filed

or introduced under seal in connection with a dispositive motion or trial, the party

seeking protection must articulate compelling reasons, supported by specific facts

and legal justification, for the requested sealing order. Again, competent evidence

supporting the application to file documents under seal must be provided by

declaration.

Any document that is not confidential, privileged, or otherwise protectable in

its entirety will not be filed under seal if the confidential portions can be redacted.

If documents can be redacted, then a redacted version for public viewing, omitting

only the confidential, privileged, or otherwise protectable portions of the document,

shall be filed. Any application that seeks to file documents under seal in their

2. DEFINITIONS

2 2.1 Action: This pending federal lawsuit Case No: 5:25−cv−03403 PA

3 (SSCx)

4 2.2 Challenging Party: A Party or Non-Party that challenges the

5 designation of information or items under this Order.

6 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of

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

8 protection under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified

9 above in the Good Cause Statement.

10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

11 their support staff).

12 2.5 Designating Party: A Party or Non-Party that designates information or

13 items that it produces in disclosures or in responses to discovery as

14 “CONFIDENTIAL.”

15 2.6 Disclosure or Discovery Material: All items or information, regardless

16 of the medium or manner in which it is generated, stored, or maintained (including,

17 among other things, testimony, transcripts, and tangible things), that are produced or

18 generated in disclosures or responses to discovery in this matter.

19 2.7 Expert: A person with specialized knowledge or experience in a matter

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

21 an expert witness or as a consultant in this Action.

2.8 Final Disposition: The later of (1) dismissal of all claims and defenses

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

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

this Action, including the time limits for filing any motions or applications for

extension of time pursuant to applicable law.

2.9 In-House Counsel: Attorneys who are employees of a party to this

Action. In-House Counsel does not include Outside Counsel of Record or any other

outside counsel.

2.10 Non-Party: Any natural person, partnership, corporation, association, or

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

5 2.11 Outside Counsel of Record: Attorneys who are not employees of a

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

7 have appeared in this Action on behalf of that party or are affiliated with a law firm

8 which has appeared on behalf of that party, and includes support staff.

9 2.12 Party: Any party to this Action, including all of its officers, directors,

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

11 support staffs).

12 2.13 Producing Party: A Party or Non-Party that produces Disclosure or

13 Discovery Material in this Action.

14 2.14 Professional Vendors: Persons or entities that provide litigation-

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

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

17 and their employees and subcontractors.

18 2.15 Protected Material: Any Disclosure or Discovery Material that is

19 designated as “CONFIDENTIAL.”

20 2.16 Receiving Party: A Party that receives Disclosure or Discovery

21 Material from a Producing Party.

22 3. SCOPE

23 The protections conferred by this Stipulation and Order cover not only

24 Protected Material (as defined above), but also (1) any information copied or

25 extracted from Protected Material; (2) all copies, excerpts, summaries, or

26 compilations of Protected Material; and (3) any testimony, conversations, or

27 presentations by Parties or their Counsel that might reveal Protected Material.

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

trial judge. This Stipulated Protective Order does not govern the use of Protected

Material at trial.

4. TRIAL AND DURATION

5 The terms of this Stipulated Protective Order apply through Final Disposition

6 of the Action.

7 Even after Final Disposition of this litigation, the confidentiality obligations

8 imposed by this Stipulated Protective Order shall remain in effect until a

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

10 5. DESIGNATING PROTECTED MATERIAL

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

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

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

qualifies under the appropriate standards. The Designating Party must designate for

protection only those parts of material, documents, items, or oral or written

communications that qualify so that other portions of the material, documents,

items, or communications for which protection is not warranted are not swept

unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations

that are shown to be clearly unjustified or that have been made for an improper

purpose (e.g., to unnecessarily encumber the case development process or to

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

Designating Party to sanctions.

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

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

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

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

this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)

below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that

qualifies for protection under this Stipulated Protective Order must be clearly so

designated before the material is disclosed or produced.

Designation in conformity with this Stipulated Protective Order requires:

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

documents, but excluding transcripts of depositions or other pretrial or trial

proceedings), that the Producing Party affix at a minimum, the legend

“CONFIDENTIAL” to each page that contains protected material. If only a

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

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

appropriate markings in the margins).

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

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

which documents it would like copied and produced. During the inspection and

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

deemed CONFIDENTIAL. After the inspecting Party has identified the documents

it wants copied and produced, the Producing Party must determine which

documents, or portions thereof, qualify for protection under this Stipulated

Protective Order. Then, before producing the specified documents, the Producing

Party must affix the “CONFIDENTIAL” legend to each page that contains

Protected Material. If only a portion or portions of the material on a page qualifies

for protection, the Producing Party also must clearly identify the protected

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

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

the Disclosure or Discovery Material on the record, before the close of the

deposition all protected testimony.

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

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

“CONFIDENTIAL” legend. If only a portion or portions of the information

warrants protection, the Producing Party, to the extent practicable, shall identify the

protected portion(s).

6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

8 the Designating Party’s right to secure protection under this Order for such material.

9 Upon timely correction of a designation, the Receiving Party must make reasonable

10 efforts to assure that the material is treated in accordance with the provisions of this

11 Stipulated Protective Order.

12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

designation of confidentiality at any time that is consistent with the court’s

Scheduling Order.

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

resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge

18 Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”1

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

the Designating Party. Frivolous challenges, and those made for an improper

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

parties) may expose the Challenging Party to sanctions. Unless the Designating

Party has waived or withdrawn the confidentiality designation, all parties shall

continue to afford the material in question the level of protection to which it is

27 1 Judge Christensen’s Procedures are available at

entitled under the Producing Party’s designation until the court rules on the

challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

4 7.1 Basic Principles. A Receiving Party may use Protected Material that

5 is disclosed or produced by another Party or by a Non-Party in connection with this

6 Action only for prosecuting, defending, or attempting to settle this Action. Such

7 Protected Material may be disclosed only to the categories of persons and under the

8 conditions described in this Order. When the Action reaches a Final Disposition, a

9 Receiving Party must comply with the provisions of section 13 below.

10 Protected Material must be stored and maintained by a Receiving Party at a

11 location and in a secure manner that ensures that access is limited to the persons

12 authorized under this Stipulated Protective Order.

13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

15 Receiving Party may disclose any information or item designated

16 “CONFIDENTIAL” only:

17 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as

18 well as employees of said Outside Counsel of Record to whom it is reasonably

19 necessary to disclose the information for this Action;

20 (b) to the officers, directors, and employees (including House Counsel) of

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

22 (c) to Experts (as defined in this Order) of the Receiving Party to whom

23 disclosure is reasonably necessary for this Action and who have signed the

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

25 (d) to the court and its personnel;

26 (e) to court reporters and their staff;

(f) to professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this Action and who have

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

(g) to the author or recipient of a document containing the information or

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

5 (h) during their depositions, to witnesses, and attorneys for witnesses, in

6 the Action to whom disclosure is reasonably necessary, provided: (1) the deposing

7 party requests that the witness sign the “Acknowledgment and Agreement to Be

8 Bound” (Exhibit A); and (2) the witness will not be permitted to keep any

9 confidential information unless they sign the “Acknowledgment and Agreement to

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

11 ordered by the court. Pages of transcribed deposition testimony or exhibits to

12 depositions that reveal Protected Material may be separately bound by the court

13 reporter and may not be disclosed to anyone except as permitted under this

14 Stipulated Protective Order; and

15 (i) to any mediator or settlement officer, and their supporting personnel,

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

17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

18 PRODUCED IN OTHER LITIGATION

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

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

21 “CONFIDENTIAL,” that Party must:

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

shall include a copy of the subpoena or court order;

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

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

subpoena or order is subject to this Protective Order. Such notification shall include

a copy of this Stipulated Protective Order; and

pursued by the Designating Party whose Protected Material may be affected.

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

with the subpoena or court order shall not produce any information designated in

this action as “CONFIDENTIAL” before a determination by the court from which

the subpoena or order issued, unless the Party has obtained the Designating Party’s

permission. The Designating Party shall bear the burden and expense of seeking

protection in that court of its confidential material and nothing in these provisions

should be construed as authorizing or encouraging a Receiving Party in this Action

to disobey a lawful directive from another court.

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

12 PRODUCED IN THIS LITIGATION

13 9.1 Application. The terms of this Stipulated Protective Order are

14 applicable to information produced by a Non-Party in this Action and designated as

15 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with

16 this litigation is protected by the remedies and relief provided by this Order.

17 Nothing in these provisions should be construed as prohibiting a Non-Party from

18 seeking additional protections.

19 9.2 Notification. In the event that a Party is required, by a valid discovery

20 request, to produce a Non-Party’s confidential information in its possession, and the

21 Party is subject to an agreement with the Non-Party not to produce the Non-

22 Party’s confidential information, then the Party shall:

23 (a) promptly notify in writing the Requesting Party and the Non-Party

24 that some or all of the information requested is subject to a confidentiality

25 agreement with a Non-Party;

26 (b) make the information requested available for inspection by the Non-

27 Party, if requested.

9.3 Conditions of Production. If the Non-Party fails to seek a protective

order from this court within 14 days of receiving the notice and accompanying

information, the Receiving Party may produce the Non-Party’s confidential

information responsive to the discovery request. If the Non-Party timely seeks a

protective order, the Receiving Party shall not produce any information in its

possession or control that is subject to the confidentiality agreement with the Non-

Party before a determination by the court. Absent a court order to the contrary, the

Non-Party shall bear the burden and expense of seeking protection in this court of its

Protected Material.

10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

12 disclosed Protected Material to any person or in any circumstance not authorized

13 under this Stipulated Protective Order, the Receiving Party must immediately (a)

14 notify in writing the Designating Party of the unauthorized disclosures, (b) use its

15 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

16 the person or persons to whom unauthorized disclosures were made of all the terms

17 of this Order, and (d) request such person or persons to execute the

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

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

inadvertently produced material is subject to a claim of privilege or other

protection, the obligations of the Receiving Parties are those set forth in Rule

26(b)(5)(B) of the Federal Rules of Civil Procedure. This provision is not intended

to modify whatever procedure may be established in an e-discovery order that

provides for production without prior privilege review. Pursuant to Rules 502(d)

and (e) of the Federal Rules of Evidence, insofar as the parties reach an agreement

on the effect of disclosure of a communication or information covered by the

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

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

12. MISCELLANEOUS

5 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order

6 abridges the right of any person to seek its modification by the court in the future.

7 12.2 Right to Assert Other Objections. By stipulating to the entry of this

8 Stipulated Protective Order no Party waives any right it otherwise would have to

9 object to disclosing or producing any information or item on any ground not

10 addressed in this Stipulated Protective Order. Similarly, no Party waives any right

11 to object on any ground to use in evidence of any of the material covered by this

12 Stipulated Protective Order.

13 12.3 Filing Protected Material. A Party that seeks to file under seal any

14 Protected Material must comply with Local Rule 79-5. Protected Material may

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

16 specific Protected Material at issue. If a Party's request to file Protected Material

17 under seal is denied by the court, then the Receiving Party may file the information

18 in the public record unless otherwise instructed by the court.

19 13. FINAL DISPOSITION

After the Final Disposition of this Action, as defined in paragraph 4, within

60 days of a written request by the Designating Party, each Receiving Party must

return all Protected Material to the Producing Party or destroy such material. As

used in this subdivision, “all Protected Material” includes all copies, abstracts,

compilations, summaries, and any other format reproducing or capturing any of the

Protected Material. Whether the Protected Material is returned or destroyed, the

Receiving Party must submit a written certification to the Producing Party (and, if

not the same person or entity, to the Designating Party) by the 60 day deadline that

(1) identifies (by category, where appropriate) all the Protected Material that was

returned or destroyed and (2) affirms that the Receiving Party has not retained any

copies, abstracts, compilations, summaries or any other format reproducing or

capturing any of the Protected Material. Notwithstanding this provision, Counsel is

entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

and hearing transcripts, legal memoranda, correspondence, deposition and trial

exhibits, expert reports, attorney work product, and consultant and expert work

product, even if such materials contain Protected Material. Any such archival

copies that contain or constitute Protected Material remain subject to this Protective

Order as set forth in Section 4.

11 14. VIOLATION

12 Any violation of this Stipulated Protective Order may be punished by any

13 and all appropriate measures including, without limitation, contempt proceedings

14 and/or monetary sanctions.

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

5 perjury that I have read in its entirety and understand the Stipulated Protective

6 Order that was issued by the United States District Court for the Central District

7 of California on [date] in the case of A.R.D.L.T. a minor, by and through his

8 Guardian Ad Litem, Veronica De La Torre v. City of Ontario, et al., Case No:

9 5:25−cv−03403 PA (SSCx). I agree to comply with and to be bound by all the

10 terms of this Stipulated Protective Order and I understand and acknowledge that

11 failure to so comply could expose me to sanctions and punishment in the nature of

12 contempt. I solemnly promise that I will not disclose in any manner any

13 information or item that is subject to this Stipulated Protective Order to any

14 person or entity except in strict compliance with the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District

16 Court for the Central District of California for the purpose of enforcing the terms

17 of this Stipulated Protective Order, even if such enforcement proceedings occur

18 after termination of this action. I hereby appoint ________________________

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[print or type full name] of _________ [print or type full address and

telephone number] as my California agent for service of process in connection

with this action or any proceedings related to enforcement of this Stipulated

Protective Order.

Date:

5 ___________________________

City and State where sworn and

signed:

7 ___________________________

Printed Name:

8 ___________________________

Signature: ___________________________

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