Opinion

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ALEX FLORES, AND JONATHAN Case No. 5:26-CV-3323-SSS-SSC

11 NICHOLS,

[PROPOSED] PROTECTIVE

12 Plaintiffs, ORDER

13 v.

Discovery Matter

14 OFFICER J. BANUELOS, OFFICER

RODRIGUEZ, AND DOE OFFICERS Trial Date: None Set

15 1-10,

16 Defendants.

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1. INTRODUCTION

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

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

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

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this litigation may be warranted. Accordingly, the parties hereby stipulate to and

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petition the court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or

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responses to discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to confidential

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treatment under the applicable legal principles.

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1 1.2 Good Cause Statement. This action is likely to involve confidential

2 medical and/or mental health records, peace officer personnel records, personal

3 identifying information of third parties, and/or proprietary information for which

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

5 prosecution of this action is warranted. Such confidential and proprietary materials

6 and information consist of, among other things, confidential medical and/or mental

7 health records that are protected from disclosure under the Health Insurance

8 Portability and Accountability Act (HIPAA) and the federal right to privacy;

9 confidential peace officer personnel records that are protected from disclosure under

10 the federal and California constitutions (See Cal. Pen. Code § 832.7, 832.8; Cal. Evid.

11 Code § 1043, 1046); personal identifying information of third party witnesses that

12 implicates the federal privacy rights of third parties; and information otherwise

13 generally unavailable to the public, or which may be privileged or otherwise protected

14 from disclosure under state or federal statutes, court rules, case decisions, or common

15 law. Accordingly, to expedite the flow of information, to facilitate the prompt

16 resolution of disputes over confidentiality of discovery materials, to adequately

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

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

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

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

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

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

23 belief that it has been maintained in a confidential, non-public manner, and there is

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

25 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties

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

27 Order does not entitle them to file confidential information under seal; Local Rule 79-

1 5 sets forth the procedures that must be followed and the standards that will be applied

2 when a party seeks permission from the court to file material under seal.

3 There is a strong presumption that the public has a right of access to judicial

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

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

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

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

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

9 orders require good cause showing), and a specific showing of good cause or

10 compelling reasons with proper evidentiary support and legal justification, must be

11 made with respect to Protected Material that a party seeks to file under seal. The

12 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

13 does not—without the submission of competent evidence by declaration,

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

15 privileged, or otherwise protectable—constitute good cause.

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

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

18 relief sought shall be narrowly tailored to serve the specific interest to be protected.

19 See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each

20 item or type of information, document, or thing sought to be filed or introduced under

21 seal in connection with a dispositive motion or trial, the party seeking protection

22 must articulate compelling reasons, supported by specific facts and legal

23 justification, for the requested sealing order. Again, competent evidence supporting

24 the application to file documents under seal must be provided by declaration.

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

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

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

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

2 should include an explanation of why redaction is not feasible.

3 2. DEFINITIONS

4 2.1 Action: [this pending federal lawsuit, 5:26-cv-3323-SSS-SSC, Alex

5 Flores et al. v. Officer J. Banuelos et al.].

6 2.2 Challenging Party: a Party or Non-Party that challenges the designation

7 of information or items under this Order.

8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

10 under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified above in

11 the Good Cause Statement.

12 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

13 support staff).

14 2.5 Designating Party: a Party or Non-Party that designates information or

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

16 “CONFIDENTIAL.”

17 2.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

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

21 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

24 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses in

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

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

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

1 2.9 In-House Counsel: attorneys who are employees of a party to this Action.

2 In-House Counsel does not include Outside Counsel of Record or any other outside

3 counsel.

4 2.10 Non-Party: any natural person, partnership, corporation, association, or

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

6 2.11 Outside Counsel of Record: attorneys who are not employees of a party

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

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

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

10 2.12 Party: any party to this Action, including all of its officers, directors,

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

12 support staffs).

13 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

14 Discovery Material in this Action.

15 2.14 Professional Vendors: persons or entities that provide litigation- support

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

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

18 and their employees and subcontractors.

19 2.15 Protected Material: any Disclosure or Discovery Material that is

20 designated as “CONFIDENTIAL.”

21 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

22 from a Producing Party.

23 3. SCOPE

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

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

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

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

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

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

3 Material at trial.

4 4. TRIAL AND DURATION

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

6 of the Action.

7 ONCE A CASE PROCEEDS TO TRIAL, INFORMATION THAT WAS

8 DESIGNATED AS CONFIDENTIAL OR MAINTAINED PURSUANT TO

9 THIS STIPULATED PROTECTIVE ORDER AND USED OR INTRODUCED

10 AS AN EXHIBIT AT TRIAL BECOMES PUBLIC AND WILL BE

11 PRESUMPTIVELY AVAILABLE TO ALL MEMBERS OF THE PUBLIC,

12 INCLUDING THE PRESS, UNLESS COMPELLING REASONS

13 SUPPORTED BY SPECIFIC FACTUAL FINDINGS TO PROCEED

14 OTHERWISE ARE MADE TO THE TRIAL JUDGE IN ADVANCE OF THE

15 TRIAL. SEE KAMAKANA, 447 F.3D AT 1180–81 (DISTINGUISHING “GOOD

16 CAUSE” SHOWING FOR SEALING DOCUMENTS PRODUCED IN

17 DISCOVERY FROM “COMPELLING REASONS” STANDARD WHEN

18 MERITS-RELATED DOCUMENTS ARE PART OF COURT RECORD).

19 ACCORDINGLY, FOR SUCH MATERIALS, THE TERMS OF THIS

20 STIPULATED PROTECTIVE ORDER DO NOT EXTEND BEYOND THE

21 COMMENCEMENT OF THE TRIAL.

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

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

24 Party agrees otherwise in writing or a court order otherwise directs.

25 5. DESIGNATING PROTECTED MATERIAL

26 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

1 under the appropriate standards. The Designating Party must designate for protection

2 only those parts of material, documents, items, or oral or written communications that

3 qualify so that other portions of the material, documents, items, or communications

4 for which protection is not warranted are not swept unjustifiably within the ambit of

5 this Order.

6 Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

9 unnecessary expenses and burdens on other parties) may expose the Designating

10 Party to sanctions.

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

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

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

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

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

16 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

17 for protection under this Stipulated Protective Order must be clearly so designated

18 before the material is disclosed or produced.

19 Designation in conformity with this Stipulated Protective Order requires:

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

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

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

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

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

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

26 markings in the margins).

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

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

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

3 deemed CONFIDENTIAL. After the inspecting Party has identified the documents

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

5 or portions thereof, qualify for protection under this Stipulated Protective Order.

6 Then, before producing the specified documents, the Producing Party must affix the

7 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a

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

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

10 markings in the margins).

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

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

13 all protected testimony.

14 (c) for information produced in some form other than documentary and for

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

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

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

18 protection, the Producing Party, to the extent practicable, shall identify the protected

19 portion(s).

20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

25 Stipulated Protective Order.

26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

1 Scheduling Order.

2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

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

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

5 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

8 may expose the Challenging Party to sanctions. Unless the Designating Party has

9 waived or withdrawn the confidentiality designation, all parties shall continue to

10 afford the material in question the level of protection to which it is entitled under the

11 Producing Party’s designation until the court rules on the challenge.

12 7. ACCESS TO AND USE OF PROTECTED MATERIAL

13 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

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

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

21 authorized under this Stipulated Protective Order.

22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

24 Receiving Party may disclose any information or item designated

25 “CONFIDENTIAL” only:

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

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

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

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

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

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

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

6 (d) to the court and its personnel;

7 (e) to court reporters and their staff;

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

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

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

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

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

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

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

15 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

16 (Exhibit A); and (2) the witness will not be permitted to keep any confidential

17 information unless they sign the “Acknowledgment and Agreement to Be Bound”

18 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the

19 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

20 Protected Material may be separately bound by the court reporter and may not be

21 disclosed to anyone except as permitted under this Stipulated Protective Order; and

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

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

24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

25 PRODUCED IN OTHER LITIGATION

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

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

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

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

5 or order is subject to this Protective Order. Such notification shall include a copy of

6 this Stipulated Protective Order; and

7 (c) cooperate with respect to all reasonable procedures sought to be pursued

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

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

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

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

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

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

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

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

16 to disobey a lawful directive from another court.

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

18 PRODUCED IN THIS LITIGATION

19 9.1 Application. The terms of this Stipulated Protective Order are applicable

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

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

22 this litigation is protected by the remedies and relief provided by this Order. Nothing

23 in these provisions should be construed as prohibiting a Non-Party from seeking

24 additional protections.

25 9.2 Notification. In the event that a Party is required, by a valid discovery

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

27 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s

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

2 some or all of the information requested is subject to a confidentiality agreement with

3 a Non-Party;

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

5 Party, if requested.

6 9.3 Conditions of Production. If the Non-Party fails to seek a protective

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

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

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

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

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

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

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

14 Protected Material.

15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

17 Protected Material to any person or in any circumstance not authorized under this

18 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

19 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

20 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

21 persons to whom unauthorized disclosures were made of all the terms of this Order,

22 and (d) request such person or persons to execute the “Acknowledgment and

23 Agreement to Be Bound” (Exhibit A).

24 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

25 PROTECTED MATERIAL

26 When a Producing Party gives notice to Receiving Parties that certain

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

1 Federal Rules of Civil Procedure. This provision is not intended to modify whatever

2 procedure may be established in an e-discovery order that provides for production

3 without prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal Rules

4 of Evidence, insofar as the parties reach an agreement on the effect of disclosure of

5 a communication or information covered by the attorney-client privilege or work

6 product protection, the parties may incorporate their agreement in the stipulated

7 protective order submitted to the court.

8 12. MISCELLANEOUS

9 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order

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

11 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

16 Stipulated Protective Order.

17 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

19 be filed under seal pursuant to a court order authorizing the sealing of the specific

20 Protected Material at issue. If a Party's request to file Protected Material under seal

21 is denied by the court, then the Receiving Party may file the information in the public

22 record unless otherwise instructed by the court.

23 13. FINAL DISPOSITION

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

25 60 days of a written request by the Designating Party, each Receiving Party must

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

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

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

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

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

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

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

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

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

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

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

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

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

12 || that contain or constitute Protected Material remain subject to this Protective Order

13 || as set forth in Section 4.

14)}14, VIOLATION

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

16 || all appropriate measures including, without limitation, contempt proceedings and/or

17 || monetary sanctions.

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20 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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22 || DATED: August 17, 2026

23 STEPHANIE S. CHRISTENSEN

4 United States Magistrate Judge

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WILLIAMS & J)