The opinion
1 Rosa K. Hirji (SBN 204722)
rosa@rkhlawoffice.com
2 Alexander F. Rodriguez
alex@rkhlawoffice.com
3 Robert D. Skeels (SBN 325896)
robert@rkhlawoffice.com
4 HIRJI, CHAU & RODRIGUEZ, LLP
5173 Overland Avenue
5 Culver City, CA 90230
Tel: (310) 391-0330 // Fax: (310) 943-0311
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Attorneys for Y.A.R., by and through his
7 Guardian ad Litem, KAREN HERNANDEZ
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Y.A.R., a minor, by and through his CASE NO: 2:25-cv-11341-CAS-SSC
Guardian ad Litem, KAREN Assigned for all purposes to the
13 HERNANDEZ, Honorable Christina A. Snyder
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Plaintiff, STIPULATED PROTECTIVE
15 ORDER AND ORDER
v.
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17 LOS ANGELES UNIFIED SCHOOL Courtroom: 8D
DISTRICT; and DOES 1 through 15,
18 Hon. Christina A.
inclusive, Judge
Snyder
19
20 Defendants.
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1 1. 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
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Stipulated Protective Order does not confer blanket protections on all disclosures
8 or responses to discovery and that the protection it affords from public disclosure
9 and use extends only to the limited information or items that are entitled to
10 confidential treatment under the applicable legal principles. The parties further
11 acknowledge, as set forth in Section 13.3 below, that this Stipulated Protective
12 Order does not entitle them to file confidential information under seal. Local Rule
13 79-5 sets forth the procedures that must be followed and the standards that will be
14 applied when a party seeks permission from the Court to file material under seal.
15 Discovery in this action is likely to involve production of confidential, proprietary,
16 or private information for which special protection from public disclosure and from
17 use for any purpose other than prosecuting this litigation may be warranted.
18 2. GOOD CAUSE STATEMENT
19 This action involves the Los Angeles Unified School District (“LAUSD” or
20 Defendant) and former LAUSD student Y.A.R. (“Plaintiff”), a minor with
21 disabilities, by and through his Guardian ad Litem Karen Hernandez.
22 Plaintiff has asserted claims in this action that place Plaintiff’s medical
23 and/or mental health condition at issue. Defendant is entitled to conduct discovery
24 pursuant to FRCP 26(b)(1) regarding Plaintiff’s medical and mental health
25 condition, as it pertains to Plaintiff’s claims in this action. The parties agree that
26 Plaintiff’s medical and mental health records contain information that is entitled to
27 protection from unnecessary disclosure. The parties have met and conferred
28 regarding the need for a protective order to govern the disclosure and use of such
1 records.
2 Defendant seeks materials and information that the Plaintiff and/or third
3 parties may maintain as confidential, such as the physical, educational,
4 psychological, and mental health records of the minor Plaintiff a person with
5 disabilities.
6 Accordingly, to expedite the flow of information, to facilitate the prompt
7 resolution of disputes over confidentiality of discovery materials, to adequately
8 protect information the parties are entitled to keep confidential, to ensure that the
9 parties are permitted reasonable necessary uses of such material in preparation for
10 and in the conduct of trial, to address their handling at the end of the litigation, and
11 serve the ends of justice, a protective order for such information is justified in this
12 matter. It is the intent of the parties that information will not be designated as
13 confidential for tactical reasons and that nothing be so designated without a good
14 faith belief that it has been maintained in a confidential, non-public manner, and
15 there is good cause why it should not be part of the public record of this case.
16 The parties therefore stipulate that there is Good Cause for, and hereby
17 jointly request that this Honorable Court issue a Protective Order regarding
18 confidential documents consistent with the terms and provisions of this Stipulation.
19 However, the entry of a Protective Order by the Court pursuant to this Stipulation
20 shall not be construed as any ruling by the Court on the aforementioned legal
21 statements or privilege claims in this section, nor shall this section be construed as
22 part of any such Court Order.
23 3. SCOPE OF PROTECTED MATERIALS
24 This Protective Order shall apply solely to Plaintiff's medical records and
25 mental health treatment records, including but not limited to:
26 1. Medical charts, reports, treatment notes, and correspondence from
27 healthcare providers;
28 2. Mental health treatment records, including psychiatric and psychological
1 evaluations, therapy notes, treatment plans, and reports;
2 3. Hospital records related to Plaintiff's medical or mental health treatment;
3 4. Pharmacy records relating to Plaintiff's prescriptions and medications;
4 5. Records from any healthcare facility or provider that treated or evaluated
5 Plaintiff for physical or mental health conditions; and
6 6. Any other documents, records, or information relating to Plaintiff's medical
7 history, diagnosis, treatment, or prognosis, whether physical or mental.
8 Such materials shall be collectively referred to as "Protected Medical Records."
9 4. DEFINITIONS
10 4.1 Action: Y.A.R., a minor, by and through his Guardian ad Litem KAREN
11 HERNANDEZ v. LOS ANGELES UNIFIED SCHOOL DISTRICT, a
12 public entity; and DOES 1 through 15, inclusive; Case No. 2:25-cv-
13 11341
14 4.2 Challenging Party: A Party or Nonparty that challenges the designation
15 of information or items under this Stipulated Protective Order.
16 4.3 “CONFIDENTIAL” Information or Items: Information (regardless of
17 how it is generated, stored or maintained) or tangible things that are
18 within the Scope of Protected Materials set forth above in Section 3. This
19 also includes (1) any information copied or extracted from the
20 Confidential information; (2) all copies, excerpts, summaries, abstracts or
21 compilations of Confidential information; and (3) any testimony,
22 conversations, or presentations that might reveal Confidential
23 information.
24 4.4 Designating Party: A Party or Nonparty that designates information or
25 items that it produces in disclosures or in responses to discovery as
26 “CONFIDENTIAL.”
27 4.5 Disclosure or Discovery Material: All items or information, regardless
28 of the medium or manner in which it is generated, stored, or maintained
1 (including, among other things, testimony, transcripts, and tangible
2 things), that are produced or generated in disclosures or responses to
3 discovery in this matter.
4 4.6 Expert: A person with specialized knowledge or experience in a matter
5 pertinent to the litigation, who has been retained by a Party or its counsel
6 to serve as an expert witness or as a consultant in this Action
7 4.7 Final Disposition: when this Action has been fully and completely
8 terminated by way of settlement, dismissal, trial, appeal, and/or remand
9 to state court.
10 4.8 In-House Counsel: Attorneys who are employees of a party to this
11 Action. In-House Counsel does not include Outside Counsel of Record or
12 any other outside counsel.
13 4.9 Non-Party: Any natural person, partnership, corporation, association or
14 other legal entity not named as a Party to this action.
15 4.10 Outside Counsel of Record: Attorneys who are not employees of a
16 party to this Action but are retained to represent or advise a party to this
17 Action and have appeared in this Action on behalf of that party or are
18 affiliated with a law firm that has appeared on behalf of that party, and
19 includes support staff.
20 4.11 Party: Any party to this Action, including all of its officers, directors,
21 boards, departments, divisions, employees, consultants, retained experts,
22 In-House Counsel, and Outside Counsel of Record (and their support
23 staff).
24 4.12 Producing Party: A Party or Nonparty that produces Disclosure or
25 Discovery Material in this Action.
26 4.13 Professional Vendors: Persons or entities that provide litigation support
27 services (e.g., photocopying, videotaping, translating, preparing exhibits
28 or demonstrations, and organizing, storing, or retrieving data in any form
1 or medium) and their employees and subcontractors.
2 4.14 Protected Material: Records and/or information described in the Scope
3 of Protected Material in Section 3 above.
4 4.15 Receiving Party: A Party that receives Disclosure or Discovery Material
5 from a Producing Party.
6 5. SCOPE
7 The protections conferred by this Stipulated Protective Order cover not only
8 Protected Material (as defined above), but also (1) any information copied or
9 extracted from Protected Material; (2) all copies, excerpts, abstracts, summaries, or
10 compilations of Protected Material; and (3) any testimony, conversations, or
11 presentations by Parties or their Counsel that might reveal Protected Material. This
12 Stipulated Protective Order does not govern the use of Protected Material at trial.
13 6. DURATION
14 Once a case proceeds to trial, information that was designated as
15 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and
16 that is introduced or admitted as an exhibit at trial becomes public and will be
17 presumptively available to all members of the public, including the press, unless
18 compelling reasons supported by specific factual findings to proceed otherwise are
19 made to the trial judge in advance of the trial. See Kamakana v. City and County of
20 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
21 showing for sealing documents produced in discovery from “compelling reasons”
22 standard when merits-related documents are part of court record). Accordingly, the
23 terms of this protective order do not extend beyond the commencement of the trial
24 as to the CONFIDENTIAL information and materials introduced or admitted as an
25 exhibit at trial.
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1 7. DESIGNATING PROTECTED MATERIAL
2 7.1 Exercise of Restraint and Care in Designating Material for
3 Protection
4 Each Party or Nonparty that designates information or items for protection
5 under this Stipulated Protective Order must take care to limit any such designation
6 to specific material that qualifies under the appropriate standards. The Designating
7 Party must designate for protection only those parts of material, documents, items
8 or oral or written communications that qualify so that other portions of the
9 material, documents, items or communications for which protection is not
10 warranted are not swept unjustifiably within the ambit of this Stipulated Protective
11 Order.
12 Mass, indiscriminate or routinized designations are prohibited. Designations
13 that are shown to be clearly unjustified or that have been made for an improper
14 purpose (e.g., to unnecessarily encumber the case development process or to
15 impose unnecessary expenses and burdens on other parties) may expose the
16 Designating Party to sanctions.
17 If it comes to a Designating Party’s attention that information or items that it
18 designated for protection do not qualify for protection, that Designating Party must
19 promptly notify all other Parties that it is withdrawing the inapplicable designation.
20 7.2 Manner and Timing of Designations
21 Except as otherwise provided in this Stipulated Protective Order (see, e.g.,
22 second paragraph of section 6.2(a) below), or as otherwise stipulated or ordered,
23 Disclosure or Discovery Material that qualifies for protection under this Stipulated
24 Protective Order must be clearly so designated before the material is disclosed or
25 produced.
26 Designation in conformity with this Stipulated Protective Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
28 documents, but excluding transcripts of depositions or other pretrial or trial
1 proceedings), that the Producing Party affix at a minimum, the legend
2 “CONFIDENTIAL” or words of a similar effect, and that includes the case name
3 and case number (hereinafter “CONFIDENTIAL legend”), to each page that
4 contains protected material. If only a portion of the material on a page qualifies for
5 protection, the Producing Party also must clearly identify the protected portion(s)
6 (e.g., by making appropriate markings in the margins).
7 A Party or Nonparty that makes original documents available for inspection
8 need not designate them for protection until after the inspecting Party has indicated
9 which documents it would like copied and produced. During the inspection and
10 before the designation, all of the material made available for inspection shall be
11 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
12 documents it wants copied and produced, the Producing Party must determine
13 which documents, or portions thereof, qualify for protection under this Stipulated
14 Protective Order. Then, before producing the specified documents, the Producing
15 Party must affix the “CONFIDENTIAL legend” to each page that contains
16 Protected Material. If only a portion of the material on a page qualifies for
17 protection, the Producing Party also must clearly identify the protected portion(s)
18 (e.g., by making appropriate markings in the margins).
19 (b) for testimony given in depositions that the Designating Party identifies
20 the Disclosure or Discovery Material on the record, before the close of the
21 deposition all protected testimony.
22 (c) for information produced in some form other than documentary and for
23 any other tangible items, that the Producing Party affix in a prominent place on the
24 exterior of the container or containers in which the information is stored the legend
25 “CONFIDENTIAL.” If only a portion or portions of the information warrants
26 protection, the Producing Party, to the extent practicable, shall identify the
27 protected portion(s).
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1 7.3 Inadvertent Failures to Designate
2 If timely corrected, an inadvertent failure to designate qualified information or
3 items does not standing alone, waive the Designating Party’s right to secure
4 protection under this Stipulated Protective Order for such material. Upon timely
5 correction of a designation, the Receiving Party must make reasonable efforts to
6 assure that the material is treated in accordance with the provisions of this
7 Stipulated Protective Order.
8 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
9 8.1 Timing of Challenges
10 Any Party or Nonparty may challenge a designation of confidentiality at any
11 time that is consistent with the Court’s Scheduling Order.
12 8.2 Meet and Confer
13 The Challenging Party shall initiate the dispute resolution process under Local
14 Rule 37.
15 8.3 Burden of Persuasion
16 The burden of persuasion in any such challenge proceeding shall be on the
17 Designating Party. Frivolous challenges, and those made for an improper purpose
18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
19 expose the Challenging Party to sanctions. Unless the Designating Party has
20 waived or withdrawn the confidentiality designation, all parties shall continue to
21 afford the material in question the level of protection to which it is entitled under
22 the Producing Party’s designation until the Court rules on the challenge.
23 9. ACCESS TO AND USE OF PROTECTED MATERIAL
24 9.1 Basic Principles
25 A Receiving Party may use Protected Material that is disclosed or produced by
26 another Party or by a Nonparty in connection with this Action only for prosecuting,
27 defending or attempting to settle this Action. Such Protected Material may be
28 disclosed only to the categories of persons and under the conditions described in
1 this Stipulated Protective Order. When the Action reaches a final disposition, a
2 Receiving Party must comply with the provisions of section 14 below (FINAL
3 DISPOSITION).
4 Protected Material must be stored and maintained by a Receiving Party at a
5 location and in a secure manner that ensures that access is limited to the persons
6 authorized under this Stipulated Protective Order.
7 9.2 Disclosure of “CONFIDENTIAL” Information or Items
8 Unless otherwise ordered by the court or permitted in writing by the
9 Designating Party, a Receiving Party may disclose any information or item
10 designated “CONFIDENTIAL” only to:
11 (a) The Receiving Party’s Counsel of Record in this Action, as well as
12 employees of said Counsel of Record to whom it is reasonably necessary to
13 disclose the information for this Action;
14 (b) The officers, directors, and employees (including In-House Counsel) of
15 the Receiving Party to whom disclosure is reasonably necessary for this Action;
16 (c) Experts of the Receiving Party to whom disclosure is reasonably
17 necessary for this Action and who have signed the “Acknowledgment and
18 Agreement to Be Bound” (Exhibit A);
19 (d) The Court and its personnel;
20 (e) Court reporters and their staff;
21 (f) Professional jury or trial consultants, mock jurors, and Professional
22 Vendors to whom disclosure is reasonably necessary for this Action and who have
23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (g) The author or recipient of a document containing the information or a
25 custodian or other person who otherwise possessed or knew the information;
26 (h) During their depositions, witnesses, and attorneys for witnesses, in the
27 Action to whom disclosure is reasonably necessary provided: (i) the deposing party
28 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”
1 (Exhibit A); and (ii) the witness will not be permitted to keep any confidential
2 information unless they sign the “Acknowledgment and Agreement to Be Bound,”
3 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of
4 transcribed deposition testimony or exhibits to depositions that reveal Protected
5 Material may be separately bound by the court reporter and may not be disclosed
6 to anyone except as permitted under this Stipulated Protective Order; and
7 (i) Any mediator or settlement officer, and their supporting personnel,
8 mutually agreed upon by any of the parties engaged in settlement discussions and
9 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
10 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
11 If a Party is served with a subpoena or a court order issued in other litigation
12 that compels disclosure of any information or items designated in this Action as
13 “CONFIDENTIAL,” that Party must:
14 (a) Promptly notify in writing the Designating Party. Such notification shall
15 include a copy of the subpoena or court order;
16 (b) Promptly notify in writing the party who caused the subpoena or order to
17 issue in the other litigation that some or all of the material covered by the subpoena
18 or order is subject to this Stipulated Protective Order. Such notification shall
19 include a copy of this Stipulated Protective Order; and
20 (c) Cooperate with respect to all reasonable procedures sought to be pursued
21 by the Designating Party whose Protected Material may be affected.
22 The Party served with the subpoena or court order shall not produce any
23 information designated in this action as “CONFIDENTIAL”, unless the Party has
24 obtained the Designating Party’s permission or an order from the court from which
25 the subpoena or order issued. Nothing in these provisions should be construed as
26 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
27 directive from another court.
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1 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 writing the Designating Party of the unauthorized disclosures, (b) use its best
6 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
7 person or persons to whom unauthorized disclosures were made of all the terms of
8 this Stipulated Protective Order, and (d) request such person or persons to execute
9 the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
10 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
11 PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain
13 inadvertently produced material is subject to a claim of privilege or other
14 protection, the obligations of the Receiving Parties are those set forth in Federal
15 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
16 whatever procedure may be established in an e-discovery order that provides for
17 production without prior privilege review.
18 13. MISCELLANEOUS
19 13.1 Right to Further Relief
20 Nothing in this Stipulated Protective Order abridges the right of any person to
21 seek its modification by the Court in the future.
22 13.2 Right to Assert Other Objections
23 By stipulating to the entry of this Stipulated Protective Order, no Party waives
24 any right it otherwise would have to object to disclosing or producing any
25 information or item on any ground not addressed in this Stipulated Protective
26 Order. Similarly, no Party waives any right to object on any ground to use in
27 evidence of any of the material covered by this Stipulated Protective Order.
28 //
1 13.3 Filing Protected Material
2 A Party that seeks to file under seal any Protected Material must comply with
3 Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to
4 a court order authorizing the sealing of the specific Protected Material at issue. If a
5 Party’s request to file Protected Material under seal is denied by the court, then the
6 Receiving Party may file the information in the public record unless otherwise
7 instructed by the Court.
8 14. FINAL DISPOSITION
9 After the FINAL DISPOSITION of this Action, as defined in paragraph 3.8,
10 within sixty (60) days of a written request by the Designating Party, each
11 Receiving Party must return all Protected Material to the Producing Party. As used
12 in this subdivision, “all Protected Material” includes all copies, abstracts,
13 compilations, summaries, and any other format reproducing or capturing any of the
14 Protected Material. The Receiving Party must submit a written certification to the
15 Producing Party (and, if not the same person or entity, to the Designating Party) by
16 the 60-day deadline that (1) identifies (by category, where appropriate) all the
17 Protected Material that was returned and (2) affirms that the Receiving Party has
18 not retained any copies, abstracts, compilations, summaries or any other format
19 reproducing or capturing any of the Protected Material. Notwithstanding this
20 provision, Counsel is entitled to retain an archival copy of all pleadings; motion
21 papers; trial, deposition, and hearing transcripts; legal memoranda;
22 correspondence; deposition and trial exhibits; expert reports; attorney work
23 product; and consultant and expert work product, even if such materials contain
24 Protected Material. Any such archival copies that contain or constitute Protected
25 Material remain subject to this Stipulated Protective Order.
26 //
27 //
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1 | 15. ENFORCEMENT
2 This Court retains jurisdiction to enforce this Protective Order and to resolve
3 || disputes arising from its interpretation or application. Any violation of this
4 || Protective Order may subject the violating party or person to sanctions, including
5 || contempt of court.
5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
Dated: August 7, 2026 HIRJI, CHAU & RODRIGUEZ, LLP
B oH
y:
10 Rosa K. Hirji
11 Alexander F. Rodriguez
D Robert D. Skeels
Attorneys for Plaintiff Y.A.R., a minor, by
13 and through his Guardian ad Litem, KAREN
14 HERNANDEZ
15
16 Dated: August 7, 2026 VANDERFORD & RUIZ, LLP
17
By: /s/ Erin E. Uyeshima
18 Rodolfo F. Ruiz
19 Erin E. Uyeshima
20 Julie A. Mullane
Attorneys for Defendant
21 LOS ANGELES UNIFIED SCHOOL
DISTRICT
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54 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
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Dated: August 10, 2026 oo
27 Hon. Stephanie S. Christensen
28 U.S. Magistrate Judge
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