Marisella Macias v. City of Fullerton

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88 UNITED STATES DISTRICT COURT

99 CENTRAL DISTRICT OF CALIFORNIA

1100 SOUTHERN DIVISION

1111

MARISELLA MACIAS, Case No: 8:19-cv-01082-DOC (JDEx)

1122

Plaintiff,

1133 STIPULATED PROTECTIVE

vs. ORDER

1144

CITY OF FULLERTON, JOSEPH

1155 ZUNIGA, individually and as a peace

officer, DOES 1-10, inclusive

1166

Defendants.

1177

1188

Pursuant to the Stipulation of the parties (Dkt. 16), the Court makes the

1199

following findings and enters the following Order.

2200

1. PURPOSES AND LIMITATIONS

2211

Discovery in this action involves production of confidential, proprietary, or

2222

private information for which special protection from public disclosure and from

2233

use for any purpose other than prosecuting this litigation may be warranted.

2244

Accordingly, the parties hereby stipulate to and petition the Court to enter the

2255

following Order. The parties acknowledge that this Order does not confer blanket

2266

protections on all disclosures or responses to discovery and that the protection it

2277

11 affords from public disclosure and use extends only to the limited information or

22 items that are entitled to confidential treatment under the applicable legal

33 principles. The parties further acknowledge, as set forth in Section 13.3, below,

44 that this Order does not entitle them to file confidential information under seal;

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

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

77 material under seal. There is a strong presumption that the public has a right of

88 access to judicial proceedings and records in civil cases. In connection with non-

99 dispositive motions, good cause must be shown to support a filing under seal. See

1100 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),

1111 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-

1122 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

1133 stipulated protective orders require good cause showing), and a specific showing of

1144 good cause or compelling reasons with proper evidentiary support and legal

1155 justification, must be made with respect to Protected Material that a party seeks to

1166 file under seal. The parties’ mere designation of Disclosure or Discovery Material

1177 (as defined below) as CONFIDENTIAL does not— without the submission of

1188 competent evidence by declaration, establishing that the material sought to be filed

1199 under seal qualifies as confidential, privileged, or otherwise protectable—

2200 constitute good cause.

2211 Further, if a party requests sealing related to a dispositive motion or trial,

2222 then compelling reasons, not only good cause, for the sealing must be shown, and

2233 the relief sought shall be narrowly tailored to serve the specific interest to be

2244 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.

2255 2010). For each item or type of information, document, or thing sought to be filed

2266 or introduced under seal, the party seeking protection must articulate compelling

2277 reasons, supported by specific facts and legal justification, for the requested sealing

order. Again, competent evidence supporting the application to file documents

11 under seal must be provided by declaration.

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

33 in its entirety will not be filed under seal if the confidential portions can be

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

55 omitting only the confidential, privileged, or otherwise protectable portions of the

66 document, shall be filed. Any application that seeks to file documents under seal in

77 their entirety should include an explanation of why redaction is not feasible.

88 2. GOOD CAUSE STATEMENT

99 This action involves law enforcement tactics, procedures, training,

1100 regulations, personnel, investigations and rules for which special protection from

1111 public disclosure and from use for any purpose other than prosecution of this

1122 action is warranted. Such confidential and proprietary materials and information

1133 consist of, among other things, documents maintained by the Fullerton Police

1144 Department and include, but are not limited to, internal policies and procedures,

1155 internal affairs investigation files, criminal investigation files, personnel files of

1166 current and/or former FPD officers, and other documents and information which

1177 implicate the privacy rights of parties and non-parties, which information is

1188 generally unavailable to the public and which is privileged or otherwise protected

1199 from disclosure under state and federal statutes, court rules, case decisions, or

2200 common law. Accordingly, to expedite the flow of information, to facilitate the

2211 prompt resolution of disputes over confidentiality of discovery materials, to

2222 adequately protect information the parties are entitled to keep confidential, to

2233 ensure that the parties are permitted reasonable necessary uses of such material in

2244 preparation for and in the conduct of trial, to address their handling at the end of

2255 the litigation, and serve the ends of justice, a protective order for such information

2266 is justified in this matter. It is the intent of the parties that information will not be

2277 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

11 manner, and there is good cause why it should not be part of the public record in

22 this case.

33 3. DEFENITIONS

44 3.1 Action: This pending lawsuit filed by Marisella Macias against

55 the City of Fullerton and Cpl. Joseph Zuniga, Case No. 8:19-cv-01082 DOC

66 (JDEx) (C.D. Cal.).

77 3.2 Challenging Party: A Party that challenges the designation of

88 information or items under this Order.

99 3.3 "CONFIDENTIAL" Information or Items: Disclosure or

1100 Discovery Material (as defined in sub-paragraph 3.6 below) that qualify for

1111 protection under Fed. R. Civ. P. 26(c), and as specified above in the Good Cause

1122 Statement.

1133 3.4 Counsel: Outside Counsel of Record and House Counsel (as

1144 well as their support staff).

1155 3.5 Designating Party: A Party that designates information or items

1166 that it produces in disclosures or in responses to discovery as "CONFIDENTIAL"

1177 or "ATTORNEYS EYES ONLY."

1188 3.6 Disclosure or Discovery Material: All items or information,

1199 regardless of the medium or manner in which it is generated, stored, or maintained

2200 (including, among other things, testimony, transcripts, and tangible things), that are

2211 produced or generated in disclosures or responses to discovery in this Action.

2222 3.7 Expert: A person with specialized knowledge or experience in a

2233 matter pertinent to the litigation who has been retained by a Party or its counsel to

2244 serve as an expert witness or as a consultant in this Action.

2255 3.8 "ATTORNEYS EYES ONLY" Information or Items:

2266 Disclosure or Discovery Material (as defined in sub-paragraph 3.6 above) that

2277 qualify for protection under Fed. R. Civ. P. 26(c), and as specified above in the

Good Cause Statement, and that qualify for the highest level of confidentiality.

11 3.9 House Counsel: Attorneys who are employees of a Party to this

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

33 outside counsel.

44 3.10 Non-Party: Any natural person, partnership, corporation,

55 association, or other legal entity not named as a Party to this action.

66 3.11 Order: This Stipulated Protective Order.

77 3.12 Outside Counsel of Record: Attorneys who are not employees

88 of a Party to this Action but are retained to represent or advise a Party to this

99 Action and have appeared in this Action on behalf of that Party or are affiliated

1100 with a law firm which has appeared on behalf of that Party.

1111 3.13 Party: Any party to this Action, including all of its officers, and

1122 directors (and their support staffs).

1133 3.14 Personal Information: Personal Information includes, but is not

1144 limited to, Social Security numbers, home addresses, telephone numbers, driver's

1155 license numbers, and license plate numbers.

1166 3.15 Producing Party: A Party or Non-Party that produces

1177 Disclosure or Discovery Material in this Action.

1188 3.16 Professional Vendors: Persons or entities that provide litigation

1199 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

2200 demonstrations, and organizing, storing, or retrieving data in any form or medium)

2211 and their employees and subcontractors.

2222 3.17 Protected Material: Any Disclosure or Discovery Material that

2233 is designated as "CONFIDENTIAL" or "ATTORNEYS EYES ONLY."

2244 3.18 Receiving Party: A Party that receives Disclosure or Discovery

2255 Material from a Producing Party.

2266 4. SCOPE

2277 The protections conferred by this Order cover not only Protected Material

(as defined above), but also (1) any information copied or extracted from Protected

11 Material; (2) all copies, excerpts, abstracts, summaries, or compilations of

22 Protected Material; and (3) any deposition testimony, conversations, or

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

44 The protections conferred by this Order do not cover the following

55 information: (a) any information that is in the public domain at the time of

66 disclosure to a Receiving Party or becomes part of the public domain after its

77 disclosure to a Receiving Party as a result of publication not involving a violation

88 of this Order, including becoming part of the public record through trial or

99 otherwise; and (b) any information known to the Receiving Party prior to the

1100 disclosure or obtained by the Receiving Party after the disclosure from a source

1111 who obtained the information lawfully and under no obligation of confidentiality to

1122 the Designating Party.

1133 Any use of Protected Material at trial shall be governed by the orders of the

1144 trial judge. This Order does not govern the use of Protected Material at trial.

1155 5. DURATION

1166 Once a case proceeds to trial, all of the court-filed information that is to be

1177 introduced that was previously designated as confidential or maintained pursuant

1188 to this protective Order becomes public and will be presumptively available to all

1199 members of the public, including the press, unless compelling reasons supported

2200 by specific factual findings to proceed otherwise are made to the trial judge in

2211 advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing "good

2222 cause" showing for sealing documents produced in discovery from "compelling

2233 reasons" standard when merits-related documents are part of court record). The

2244 terms of this Order do not extend beyond the commencement of the trial.

2255 6. DESIGNATING PROTECTED MATERIAL

2266 6.1 Exercise of Restraint and Care in Designating Material for

2277 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

11 material that qualifies under the appropriate standards. The Designating Party must

22 designate for protection only those parts of material, documents, items, or oral or

33 written communications that qualify so that other portions of the material,

44 documents, items, or communications for which protection is not warranted are not

55 swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or

66 routinized designations are prohibited. Designations that are shown to be clearly

77 unjustified or that have been made for an improper purpose (e.g., to unnecessarily

88 encumber the case development process or to impose unnecessary expenses and

99 burdens on other Parties) may expose the Designating Party to sanctions. If it

1100 comes to a Designating Party's attention that information or items that it designated

1111 for protection do not qualify for protection, that Designating party must promptly

1122 notify all other Parties that it is withdrawing the inapplicable designation.

1133 6.2 Manner and Timing of Designations: Except as otherwise

1144 provided in this Order, or as otherwise stipulated or ordered, Disclosure or

1155 Discovery Material that qualifies for protection under this Order must be clearly so

1166 designated before the material is disclosed or produced.

1177 Designation in conformity with this Order requires:

1188 (a) For information in documentary form (e.g., paper or electronic

1199 documents, but excluding transcripts of depositions or other pretrial or trial

2200 proceedings), that the Producing Party affix, at a minimum, the legend

2211 "CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend") or the legend

2222 "ATTORNEYS EYES ONLY" (hereinafter "ATTORNEYS EYES ONLY legend")

2233 to each page that contains protected material. If only a portion of the material on a

2244 page qualifies for protection, the Producing Party also must clearly identify the

2255 protected portion(s) (e.g., by making appropriate markings in the margins).

2266 A Party or Non-Party that makes original documents or materials available

2277 for inspection need not designate them for protection until after the inspecting

Party has indicated which documents or materials it would like copied and

11 produced. During the inspection and before the designation, all of the material

22 made available for inspection shall be deemed "ATTORNEYS EYES ONLY."

33 After the inspecting Party has identified the documents or materials it wants copied

44 and produced, the Producing Party must determine which documents, or portions

55 thereof, qualify for protection under this Order. Then, before producing the

66 specified documents, the Producing Party must affix the "CONFIDENTIAL

77 legend" or the "ATTORNEYS EYES ONLY legend" to each page that contains

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

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

1100 portion(s) (e.g., by making appropriate markings in the margins).

1111 (b) For testimony given in depositions that the Designating Party identify

1122 the Disclosure or Discovery Material on the record, before the close of the

1133 deposition, hearing, or other proceeding.

1144 (c) For information produced in some form other than documentary and

1155 for any other tangible items, that the Producing Party affix in a prominent place on

1166 the exterior of the container or containers in which the information or item is

1177 stored the "CONFIDENTIAL legend" or the "ATTORNEYS EYES ONLY

1188 legend." If only a portion or portions of the information warrants protection, the

1199 Producing Party, to the extent practicable, shall identify the protected portion(s).

2200 6.3 Inadvertent Failures to Designate: If timely corrected, an

2211 inadvertent failure to designate qualified information or items does not, standing

2222 alone, waive the Designating Party's right to secure protection under this Order for

2233 such material. Upon timely correction of a designation, the Receiving Party must

2244 make reasonable efforts to assure that the material is treated in accordance with the

2255 provisions of this Order.

2266 6.4 Redacting Personal Information:

2277 (a) In addition to and/or in lieu of affixing the "CONFIDENTIAL" legend or

the "ATTORNEYS EYES ONLY" legend to Disclosure or Discovery Material

11 subject to this Order, the Parties reserve the right to redact Personal Information

22 contained in Disclosure or Discovery Material.

33 (b) Information that may be redacted pursuant to this Order includes, but

44 is not limited to, any Party's Personal Information as defined in sub-paragraph 3.14

55 above, and the Personal Information of any Party's family members.

66 (c) Any Party may challenge another Party's redaction of Personal

77 Information in accordance with paragraph 7 below.

88 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

99 7.1 Timing of Challenges: Any Party may challenge a designation

1100 of confidentiality at any time that is consistent with the Court's Scheduling Order

1111 and any amendments thereto.

1122 7.2 Meet and Confer: The Challenging Party shall initiate the

1133 dispute resolution process under Local Rule 37.1, et seq. Any discovery motion

1144 must strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and

1155 37-3.

1166 7.3 Burden: The burden of persuasion in any such challenge

1177 proceeding shall be on the Designating Party, Frivolous challenges, and those

1188 made for an improper purpose (e.g., to harass or impose unnecessary expenses and

1199 burdens on other Parties) may expose the Challenging Party to sanctions. Unless

2200 the Designating Party has waived or withdrawn the confidentiality designation, all

2211 Parties shall continue to afford the material in question the level of protection to

2222 which it is entitled under the Producing Party's designation until the Court rules on

2233 the challenge.

2244 8. ACCESS TO AND USE OF PROTECTED MATERIAL

2255 8.1 Basic Principles: A Receiving Party may use Protected Material

2266 that is disclosed or produced by another Party or by a Non-Party in connection

2277 with this Action only for prosecuting, defending, or attempting to settle this

Action. Such Protected Material may be disclosed only to the categories of persons

11 and under the conditions described in this Order, When the Action has been

22 terminated, a Receiving Party must comply with the provisions of section 14 below

33 (FINAL DISPOSITION).

44 Protected Material must be stored and maintained by a Receiving

55 Party at a location and in a secure manner that ensures that access is limited to the

66 persons authorized under this Order.

77 8.2 Disclosure of "CONFIDENTIAL" Disclosure or Discovery

88 Material. Unless otherwise ordered by the Court or permitted in writing by the

99 Designating Party, a Receiving Party may disclose any Disclosure or Discovery

1100 Material designated "CONFIDENTIAL" only to:

1111 (a) The Receiving Party's Outside Counsel of Record in this Action, as

1122 well as employees of said Outside Counsel of Record to whom it is reasonably

1133 necessary to disclose the information for this Action;

1144 (b) The officers, directors, and employees (including House Counsel) of

1155 the Receiving Party to whom disclosure is reasonably necessary for this Action;

1166 (c) EXPERTS (as defined in this Order) of the Receiving Party to whom

1177 disclosure is reasonably necessary for this Action and who have signed the

1188 "Acknowledgment and Agreement to Be Bound" (Exhibit A);

1199 (d) The Court and its personnel;

2200 (e) Court reporters and their staff;

2211 (f) Professional jury or trial consultants, mock jurors, and Professional

2222 Vendors to whom disclosure is reasonably necessary for this Action and who have

2233 signed the "Acknowledgement and Agreement to Be Bound" (Exhibit A);

2244 (g) The author or recipient of a document containing the information or a

2255 custodian or other person who otherwise possessed or knew the information;

2266 (h) During their depositions, witnesses and attorneys for witnesses in the

2277 Action to whom disclosure is reasonably necessary provided: (1) the deposing

party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

11 they will not be permitted to .keep any confidential information unless they sign

22 the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise

33 agreed by the Designating Party or ordered by the Court. Pages of transcribed

44 deposition testimony or exhibits to depositions that reveal Protected Material must

55 be separately bound by the court reporter and may not be disclosed to anyone

66 except as permitted under this Order; and

77 (i) Any mediator or settlement officer, and their supporting personnel,

88 mutually agreed upon by any of the Parties engaged in settlement discussions.

99 8.3 Disclosure of "ATTORNEYS EYES ONLY" Disclosure or

1100 Discovery Material. Unless otherwise ordered by the Court or permitted in writing

1111 by the Designating Party, a Receiving Party may disclose any Disclosure or

1122 Discovery Material designated "ATTORNEYS EYES ONLY" only to:

1133 (a) Counsel as defined in sub-paragraph 3.4 above, so long as they do not

1144 share the content of any ATTORNEYS EYES ONLY material with any Party);

1155 and

1166 (b) Anyone identified in the foregoing sub-paragraphs 8.2(c), (d), (e), (g)

1177 and (h). In the event any ATTORNEYS EYES ONLY material is used in a

1188 deposition and/or attached to a deposition transcript as an exhibit, the provisions of

1199 sub-paragraph 8.2(h) above shall apply.

2200 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED

2211 PRODUCED IN OTHER LITIGATION

2222 If a Party is served with a subpoena or a court order issued in other litigation

2233 that compels disclosure of any information or items designated in this Action as

2244 "CONFIDENTIAL" or "ATTORNEYS EYES ONLY," that Party must:

2255 (a) Promptly notify in writing the Designating Party and provide a copy

2266 of the subpoena or court order unless a court order prohibits such notification;

2277 (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

11 subpoena or order is subject to this Order. Such notification shall include a copy of

22 this Order; and

33 (c) Cooperate with respect to all reasonable procedures sought to be

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

55 Designating Party timely seeks a protective order, the Party served with the

66 subpoena or court order shall not produce any information designated in this action

77 as "CONFIDENTIAL" or "ATTORNEYS EYES ONLY" before a determination

88 by the court from which the subpoena or order issued, unless the Party has

99 obtained the Designating Party's permission. The Designating Party shall bear the

1100 burden and expense of seeking protection in that court of its confidential material,

1111 and nothing in these provisions should be construed as authorizing or encouraging

1122 a Receiving Party in this Action to disobey a lawful directive from another court.

1133 10. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

1144 PRODUCED IN THIS LITIGATION

1155 (a) The terms of this Order are applicable to information produced by a

1166 Non-Party in this action and designated as "CONFIDENTIAL" or "ATTORNEYS

1177 EYES ONLY". Such information produced by Non-Parties in connection with this

1188 litigation is protected by the remedies and relief provided by this Order. Nothing in

1199 these provisions should be construed as prohibiting a Non-Party from seeking

2200 additional protections.

2211 (b) In the event that a Party is required, by a valid discovery request, to

2222 produce a Non-Party's confidential information in its possession, and the Party is

2233 subject to an agreement with the Non-Party not to produce the Non-Party's

2244 confidential information, then the Party shall:

2255 (1) Promptly notify in writing the Requesting Party and the Non-

2266 Party that some or all of the information requested is subject to a confidentiality

2277 agreement with a Non-Party;

(2) Promptly provide the Non-Party with a copy of this Order, the

11 relevant discovery request(s), and a reasonably specific description of the

22 information requested; and

33 (3) Make the information requested available for inspection by the

44 Non-Party, if requested.

55 (c) If the Non-Party fails to seek a protective order from this Court within

66 14 days of receiving the notice and accompanying information, the Receiving

77 Party may produce the Non-Party's confidential information responsive to the

88 discovery request. If the Non-Party timely seeks a protective order, the Receiving

99 Party shall not produce any information in its possession or control that is subject

1100 to the confidentiality agreement with the Non-Party before a determination by the

1111 Court. Absent a court order to the contrary, the Non-Party shall bear the burden

1122 and expense of seeking protection in this Court of its Protected Material.

1133 11. UNAUTHORIZED DISCLOSURE OF PROTECTED

1144 MATERIAL

1155 If a Receiving Party learns that, by inadvertence or otherwise, it has

1166 disclosed Protected Material to any person or in any circumstance not authorized

1177 under this Order, the Receiving Party must immediately (a) notify in writing the

1188 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

1199 all unauthorized copies of the Protected Material, (c) inform the person or persons

2200 to whom unauthorized disclosures were made of all the terms of this Order, and (d)

2211 request such person or persons to execute the "Acknowledgment and Agreement to

2222 Be Bound" that is attached hereto as Exhibit A.

2233 12. INADVERTENT PRODUCTION OF PRIVILEGED OR

2244 OTHERWISE PROTECTED MATERIAL

2255 When a Producing Party gives notice to Receiving Parties that certain

2266 inadvertently produced material is subject to a claim of privilege or other

2277 protection, the obligations of the Receiving Parties are those set forth in Fed. R.

Civ. P. 26(b)(5)(B). This provision is not intended to modify whatever procedure

11 may be established in an e-discovery order that provides for production without

22 prior privilege review. Pursuant to Fed. R. Evid. 502(d) and (e), insofar as the

33 parties reach an agreement on the effect of disclosure of a communication or

44 information covered by the attorney-client privilege or work product protection,

55 the parties may incorporate their agreement in the stipulated protective order

66 submitted to the Court.

77 13. MISCELLANEOUS

88 13.1 Right to Further Relief: Nothing in this Order abridges the right

99 of any person to seek its modification by the Court in the future.

1100 13.2 Right to Assert Other Objections: By stipulating to the entry of

1111 this Order, no Party waives any right it otherwise would have to object to

1122 disclosing or producing any information or item on any ground not addressed in

1133 this Order. Similarly, no Party waives any right to object on any ground to use in

1144 evidence of any of the material covered by this Order.

1155 13.3 Filing Protected Material: A Party that seeks to file under seal

1166 any Protected Material must comply with Civil Local Rule 79-5. Protected

1177 Material may only be filed under seal pursuant to a court order authorizing the

1188 sealing of the specific Protected Material at issue. If a Party's request to file

1199 Protected Material under seal is denied by the Court, then the Receiving Party may

2200 file the information in the public record unless otherwise instructed by the Court.

2211 14. FINAL DISPOSITION

2222 After the final disposition of this action, within 60 days of a written request

2233 by the Designating Party, each Receiving Party must return all Protected Material

2244 to the Producing Party or destroy such material. As used in this subdivision, "all

2255 Protected Material" includes all copies, abstracts, compilations, summaries, and

2266 any other format reproducing or capturing any of the Protected Material. Whether

2277 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

1 || the Designating Party) by the 60 day deadline that (1) identifies (by category,

2 || where appropriate) all the Protected Material that was returned or destroyed and

3 | (2) affirms that the Receiving Party has not retained any copies, abstracts,

4 | compilations, summaries or any other format reproducing or capturing any of the

5 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain

6 || an archival copy of all pleadings, motion papers, trial, deposition, and hearing

7 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

8 || reports, attorney work product, and consultant and expert work product, even if

9 || such materials contain Protected Material, Any such archival copies that contain or

10 || constitute Protected Material remain subject to this Order as set forth in Section 5

11 | (DURATION).

12

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

14

IS | DATED: August 05, 2019

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18 JOBR 6. fe

ited States Magistrate JndGe

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DN

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22 EXHIBIT A

33 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

44 _______________________________________[print or type full name], of

55 ___________________[print or type full address], declare under penalty of perjury

66 that I have read in its entirety and understand the Stipulated Protective Order that

77 was issued by the United States District Court for the Central District of California

88 on August 5, 2019 in the case of Marisella Macias v. City of Fullerton, et al., Case

99 No. 8:19-cv-01082-DOC (JDEx). I agree to comply with and to be bound by all the

1100 terms this Stipulated Protective Order and I understand and acknowledge that

1111 failure to comply could expose me to sanctions and punishment in the nature of

1122 contempt. I solemnly promise that I will not disclose in any manner any

1133 information or item that is subject to this Stipulated Protective Order to any person

1144 or entity except in strict compliance with the provisions of this Order.

1155 I further agree to submit to the jurisdiction of the United States District

1166 Court for the Central District of California for the purpose of enforcing the terms

1177 of this Stipulated Protective Order, even if such enforcement proceedings occur

1188 after termination of this action. I hereby appoint ____________________ [print or

1199 type full name] of __________________________________________print or type

2200 full address and telephone number] as my California agent for service of process in

2211 connection with this action or any proceedings related to enforcement of this

2222 Stipulated Protective Order.

2233

2244 Date:

2255 City and State where sworn and signed:_____________________________

2266 Printed name:________________________________________

2277

Signature:__________________________________