# Armando Jauregui v. Huntington Beach California Police Department

> District Court, C.D. California · August 9, 2019

URL: https://www.frixlaw.com/law-library/cases/9978328

## Case

- **Court:** District Court, C.D. California
- **Decided:** August 9, 2019
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ARMANDO JAUREGUI, ) Case No: 2:11-cv-09182-AB-FFM
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) AMENDED PROTECTIVE ORDER
13 Plaintiff, )
) PURSUANT TO STIPULATION
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vs. )
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)
16 HUNTINGTON BEACH POLICE )
DEPARTMENT, READ PARKER )
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and TRENT TUNSTALL,
)
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19 Defendants. )
20 1. PURPOSES AND LIMITATIONS
21 Discovery in this action is likely to involve production of confidential,
22 proprietary or private information for which special protection from public
23 disclosure and from use for any purpose other than pursuing this litigation may be
24 warranted. Accordingly, the parties hereby stipulate to and petition the Court to
25 enter the following Stipulated Protective Order. The parties acknowledge that this
26 Order does not confer blanket protections on all disclosures or responses to
27 discovery and that the protection it affords from public disclosure and use extends
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1 only to the limited information or items that are entitled to confidential treatment
2 under the applicable legal principles.
3 2. GOOD CAUSE STATEMENT
4 Defendants City of Huntington Beach, Read Parker and Trent Tunstall
5 (“Defendants”) contend that there is good cause and a particularized need for a
6 protective order to preserve the interests of confidentiality and privacy in peace
7 officer personnel file records and associated investigative or confidential records
8 for the following reasons.
9 First, Defendants contend that peace officers have a federal privilege of
10 privacy in their personnel file records: a reasonable expectation of privacy therein
11 that is underscored, specified, and arguably heightened by the Pitchess protective
12 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d
13 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist.
14 LEXIS 14665, 2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law
15 applies to privilege based discovery disputes involving federal claims,” the “state
16 privilege law which is consistent with its federal equivalent significantly assists in
17 applying [federal] privilege law to discovery disputes”); Soto v. City of Concord,
18 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have
19 constitutionally-based “privacy rights [that] are not inconsequential” in their police
20 personnel records); cf. Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-
21 1047. Defendants further contend that uncontrolled disclosure of such personnel
22 file information can threaten the safety of non-party witnesses, officers, and their
23 families/associates.
24 Second, Defendants contend that municipalities and law enforcement
25 agencies have federal deliberative-executive process privilege, federal official
26 information privilege, federal law enforcement privilege, and federal attorney-
27 client privilege (and/or attorney work product protection) interests in the personnel
28 files of their peace officers – particularly as to those portions of peace officer
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1 personnel files that contain critical self-analysis, internal deliberation/decision-
2 making or evaluation/analysis, or communications for the purposes of obtaining or
3 rendering legal advice or analysis – potentially including but not limited to
4 evaluative/analytical portions of Internal Affairs type records or reports,
5 evaluative/analytical portions of supervisory records or reports, and/or reports
6 prepared at the direction of counsel, or for the purpose of obtaining or rendering
7 legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v.
8 United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162
9 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D.
10 Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v.
11 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United
12 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further
13 contend that such personnel file records are restricted from disclosure by the public
14 entity’s custodian of records pursuant to applicable California law and that
15 uncontrolled release is likely to result in needless intrusion of officer privacy;
16 impairment in the collection of third-party witness information and statements and
17 related legitimate law enforcement investigations/interests; and a chilling of open
18 and honest discussion regarding and/or investigation into alleged misconduct that
19 can erode a public entity’s ability to identify and/or implement any remedial
20 measures that may be required.
21 Third, Defendants contend that, since peace officers do not have the same
22 rights as other private citizens to avoid giving compelled statements, it is contrary
23 to the fundamental principles of fairness to permit uncontrolled release of officers’
24 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d
25 822, 828-830 (1985); cf. U.S. Const., amend V.
26 Finally, Defendants contend that recent amendments to state law enacted by
27 Senate Bill 1421, do not diminish the fundamental privacy interests in the
28 categories of material described above. They further contend that the information
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1 required to be released pursuant to Senate Bill 1421 is subject to strict redaction
2 requirements, whereby the information available under Senate Bill 1421 is not
3 coextensive with the information available through a Pitchess motion for
4 discovery. See Cal. Pen. Code § 832.7(b)(5). Moreover, the statute expressly
5 provides that it “does not affect the discovery of disclosure of information”
6 pursuant to the statutory Pitchess procedure for discovery.
7 Accordingly, Defendants contend that, without a protective order preventing
8 such, dissemination of confidential records in the case can and will likely
9 substantially impair and harm defendant public entity’s interests in candid self-
10 critical analysis, frank internal deliberations, obtaining candid information from
11 witnesses, preserving the safety of witnesses, preserving the safety of peace
12 officers and peace officers’ families and associates, protecting the privacy officers
13 of peace officers, and preventing pending investigations from being detrimentally
14 undermined by publication of private, sensitive, or confidential information – as
15 can and often does result in litigation.
16 Plaintiff Armando Jauregui (“Plaintiff”) does not agree with and does not
17 stipulate to Defendants’ contentions herein above.
18 The parties acknowledge and agree that nothing in this Stipulation or its
19 associated Order shall resolve the parties’ disagreement, or bind them, concerning
20 the legal statements and claimed privileges and privacy interests set forth above.
21 However, Plaintiff agrees that there is Good Cause for a Protective Order so
22 as to preserve the respective interests of the parties without the need to further
23 burden the Court with such issues. Specifically, the parties jointly contend that,
24 absent this Stipulation and its associated Protective Order, the parties' respective
25 privilege and/or privacy interests, and/or privacy interests of third parties, may be
26 impaired or harmed, and that this Stipulation and its associated Protective Order
27 may avoid such harm by permitting the parties to facilitate discovery with reduced
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1 risk that privileged and/or sensitive/confidential information will become matters
2 of public record.
3 The parties jointly contend that there is typically a particularized need for
4 protection as to any medical and psychotherapeutic records, because of the privacy
5 interests at stake therein. Because of these sensitive interests, a Court Order should
6 address these documents rather than a private agreement between the parties.
7 The parties therefore stipulate that there is Good Cause for, and hereby
8 jointly request that the honorable Court issue/enter, a Protective Order re:
9 confidential documents consistent with the terms and provisions of this Stipulation.
10 However, the entry of a Protective Order by the Court pursuant to this Stipulation
11 shall not be construed as any ruling by the Court on the aforementioned legal
12 statements or privilege claims in this section (§ 2), nor shall this section be
13 construed as part of any such Court Order.
14 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
15 The parties further acknowledge, as set forth in Section 14.3, below, that this
16 Stipulated Protective Order does not entitle them to file confidential information
17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be
18 followed and the standards that will be applied when a party seeks permission
19 from the court to file material under seal. There is a strong presumption that the
20 public has a right of access to judicial proceedings and records in civil cases. In
21 connection with non-dispositive motions, good cause must be shown to support a
22 filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172,
23 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th
24 Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis.
25 1999) (even stipulated protective orders require good cause showing), and a
26 specific showing of good cause or compelling reasons with proper evidentiary
27 support and legal justification, must be made with respect to Protected Material
28 that a party seeks to file under seal. The parties’ mere designation of Disclosure or
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1 Discovery Material as CONFIDENTIAL does not— without the submission of
2 competent evidence by declaration, establishing that the material sought to be filed
3 under seal qualifies as confidential, privileged, or otherwise protectable—
4 constitute good cause.
5 Further, if a party requests sealing related to a dispositive motion or trial,
6 then compelling reasons, not only good cause, for the sealing must be shown, and
7 the relief sought shall be narrowly tailored to serve the specific interest to be
8 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
9 2010). For each item or type of information, document, or thing sought to be filed
10 or introduced under seal, the party seeking protection must articulate compelling
11 reasons, supported by specific facts and legal justification, for the requested sealing
12 order. Again, competent evidence supporting the application to file documents
13 under seal must be provided by declaration.
14 Any document that is not confidential, privileged, or otherwise protectable
15 in its entirety will not be filed under seal if the confidential portions can be
16 redacted. If documents can be redacted, then a redacted version for public viewing,
17 omitting only the confidential, privileged, or otherwise protectable portions of the
18 document, shall be filed. Any application that seeks to file documents under seal in
19 their entirety should include an explanation of why redaction is not feasible.
20 4. DEFINITIONS
21 4.1 Action: Armando Jauregui v. City of Huntington Beach, et al., United
22 States Central District Court Case No. 11-09182-AB (FFMx).
23 4.2 Challenging Party: a Party or Non-Party that challenges the
24 designation of information or items under this Order.
25 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
26 how it is generated, stored or maintained) or tangible things that qualify for
27 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
28 the Good Cause Statement.
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1 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
2 their support staff).
3 4.5 Designating Party: a Party or Non-Party that designates information or
4 items that it produces in disclosures or in responses to discovery as
5 “CONFIDENTIAL.”
6 4.6 Disclosure or Discovery Material: all items or information, regardless
7 of the medium or manner in which it is generated, stored, or maintained (including,
8 among other things, testimony, transcripts, and tangible things), that are produced
9 or generated in disclosures or responses to discovery.
10 4.7 Expert: a person with specialized knowledge or experience in a matter
11 pertinent to the litigation who has been retained by a Party or its counsel to serve
12 as an expert witness or as a consultant in this Action, and his support staff.
13 4.8 House Counsel: attorneys who are employees of a party to this
14 Action. House Counsel does not include Outside Counsel of Record or any other
15 outside counsel.
16 4.9 Non-Party: any natural person, partnership, corporation, association or
17 other legal entity not named as a Party to this action.
18 4.10 Outside Counsel of Record: attorneys who are not employees of a
19 party to this Action but are retained to represent a party to this Action and have
20 appeared in this Action on behalf of that party or are affiliated with a law firm that
21 has appeared on behalf of that party, and includes support staff.
22 4.11 Party: any party to this Action, including all of its officers, directors,
23 employees, consultants, retained experts, and Outside Counsel of Record (and their
24 support staffs).
25 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
26 Discovery Material in this Action.
27 4.13 Professional Vendors: persons or entities that provide litigation
28 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
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1 demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 and their employees and subcontractors.
3 4.14 Protected Material: any Disclosure or Discovery Material that is
4 designated as “CONFIDENTIAL.”
5 4.15 Receiving Party: a Party that receives Disclosure or Discovery
6 Material from a Producing Party.
7 5. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 Protected Material (as defined above), but also (1) any information copied or
10 extracted from Protected Material; (2) all copies, excerpts, summaries, or
11 compilations of Protected Material; and (3) any testimony, conversations, or
12 presentations by Parties or their Counsel that might reveal Protected Material.
13 Any use of Protected Material at trial shall be governed by the orders of the
14 trial judge and other applicable authorities. This Order does not govern the use of
15 Protected Material at trial.
16 6. DURATION
17 Once a case proceeds to trial, information that was designated as
18 CONFIDENTIAL or maintained pursuant to this protective order which is used or
19 introduced as an exhibit at trial becomes public and will be presumptively
20 available to all members of the public, including the press, unless compelling
21 reasons supported by specific factual findings to proceed otherwise are made to the
22 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
23 (distinguishing “good cause” showing for sealing documents produced in
24 discovery from “compelling reasons” standard when merits-related documents are
25 part of court record). Accordingly, the terms of this protective order do not extend
26 beyond the commencement of the trial to such documents.
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1 7. DESIGNATING PROTECTED MATERIAL
2 7.1 Exercise of Restraint and Care in Designating Material for
3 Protection. Each Party or Non-Party that designates information or
4 items for protection under this Order must take care to limit any such designation
5 to specific material that qualifies under the appropriate standards. The Designating
6 Party must designate for protection only those parts of material, documents, items
7 or oral or written communications that qualify so that other portions of the
8 material, documents, items or communications for which protection is not
9 warranted are not swept unjustifiably within the ambit of this Order.
10 Mass, indiscriminate or routinized designations are prohibited. Designations
11 that are shown to be clearly unjustified or that have been made for an improper
12 purpose (e.g., to unnecessarily encumber the case development process or to
13 impose unnecessary expenses and burdens on other parties) may expose the
14 Designating Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16 designated for protection do not qualify for protection that Designating Party must
17 promptly notify all other Parties that it is withdrawing the inapplicable designation.
18 7.2 Manner and Timing of Designations. Except as otherwise provided in
19 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
20 that qualifies for protection under this Order must be clearly so designated before
21 the material is disclosed or produced.
22 Designation in conformity with this Order requires:
23 (a) for information in documentary form (e.g., paper or electronic
24 documents, but excluding transcripts of depositions or other pretrial or trial
25 proceedings), that the Producing Party affix at a minimum, the legend
26 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
27 contains protected material. If only a portion of the material on a page qualifies for
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1 protection, the Producing Party also must clearly identify the protected portion(s)
2 (e.g., by making appropriate markings in the margins).
3 A Party or Non-Party that makes original documents available for inspection
4 need not designate them for protection until after the inspecting Party has indicated
5 which documents it would like copied and produced. During the inspection and
6 before the designation, all of the material made available for inspection shall be
7 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
8 documents it wants copied and produced, the Producing Party must determine
9 which documents, or portions thereof, qualify for protection under this Order.
10 Then, before producing the specified documents, the Producing Party must affix
11 the “CONFIDENTIAL legend” to each page that contains Protected Material. If
12 only a portion of the material on a page qualifies for protection, the Producing
13 Party also must clearly identify the protected portion(s) (e.g., by making
14 appropriate markings in the margins).
15 (b) for testimony given in depositions that the Designating Party
16 identifies the Disclosure or Discovery Material on the record, before the close of
17 the deposition all protected testimony.
18 (c) for information produced in some form other than documentary and
19 for any other tangible items, that the Producing Party affix in a prominent place on
20 the exterior of the container or containers in which the information is stored the
21 legend “CONFIDENTIAL.” If only a portion or portions of the information
22 warrants protection, the Producing Party, to the extent practicable, shall identify
23 the protected portion(s).
24 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
25 failure to designate qualified information or items does not, standing alone, waive
26 the Designating Party’s right to secure protection under this Order for such
27 material. Upon timely correction of a designation, the Receiving Party must make
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1 reasonable efforts to assure that the material is treated in accordance with the
2 provisions of this Order.
3 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
5 designation of confidentiality at any time that is consistent with the Court’s
6 Scheduling Order.
7 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
8 resolution process under Local Rule 37-1 et seq.
9 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
10 joint stipulation pursuant to Local Rule 37-2.
11 8.4 The burden of persuasion in any such challenge proceeding shall be
12 on the Designating Party. Frivolous challenges, and those made for an improper
13 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
14 parties) may expose the Challenging Party to sanctions. Unless the Designating
15 Party has waived or withdrawn the confidentiality designation, all parties shall
16 continue to afford the material in question the level of protection to which it is
17 entitled under the Producing Party’s designation until the Court rules on the
18 challenge.
19 9. ACCESS TO AND USE OF PROTECTED MATERIAL
20 9.1 Basic Principles. A Receiving Party may use Protected Material that is
21 disclosed or produced by another Party or by a Non-Party in connection with this
22 Action only for prosecuting, defending or attempting to settle this Action. Such
23 Protected Material may be disclosed only to the categories of persons and under
24 the conditions described in this Order. When the Action has been terminated, a
25 Receiving Party must comply with the provisions of section 15 below (FINAL
26 DISPOSITION).
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1 Protected Material must be stored and maintained by a Receiving Party at a
2 location and in a secure manner that ensures that access is limited to the persons
3 authorized under this Order.
4 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
5 otherwise ordered by the court or permitted in writing by the Designating Party, a
6 Receiving Party may disclose any information or item designated
7 “CONFIDENTIAL” only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
9 well as employees of said Outside Counsel of Record to whom it is reasonably
10 necessary to disclose the information for this Action;
11 (b) the officers, directors, and employees (including House Counsel) of
12 the Receiving Party to whom disclosure is reasonably necessary for this Action;
13 (c) Experts (as defined in this Order) of the Receiving Party to whom
14 disclosure is reasonably necessary for this Action and who have signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A).
16 (d) the court and its personnel;
17 (e) court reporters and their staff;
18 (f) professional jury or trial consultants, mock jurors, and Professional
19 Vendors to whom disclosure is reasonably necessary for this Action and who have
20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (g) the author or recipient of a document containing the information or a
22 custodian or other person who otherwise possessed or knew the information;
23 (h) during their depositions, witnesses, and attorneys for witnesses, in the
24 Action to whom disclosure is reasonably necessary provided: (1) the deposing
25 party requests that the witness sign the form attached as Exhibit A hereto; and (2)
26 they will not be permitted to keep any confidential information unless they sign the
27 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
28 agreed by the Designating Party or ordered by the court. Pages of transcribed
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1 deposition testimony or exhibits to depositions that reveal Protected Material may
2 be separately bound by the court reporter and may not be disclosed to anyone
3 except as permitted under this Stipulated Protective Order; and
4 (i) any mediators or settlement officers and their supporting personnel,
5 mutually agreed upon by any of the parties engaged in settlement discussions.
6 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
7 PRODUCED IN OTHER LITIGATION
8 If a Party is served with a subpoena or a court order issued in other litigation
9 that compels disclosure of any information or items designated in this Action as
10 “CONFIDENTIAL,” that Party must:
11 (a) promptly notify in writing the Designating Party. Such notification
12 shall include a copy of the subpoena or court order;
13 (b) promptly notify in writing the party who caused the subpoena or order
14 to issue in the other litigation that some or all of the material covered by the
15 subpoena or order is subject to this Protective Order. Such notification shall
16 include a copy of this Stipulated Protective Order; and
17 (c) cooperate with respect to all reasonable procedures sought to be
18 pursued by the Designating Party whose Protected Material may be affected. If the
19 Designating Party timely seeks a protective order, the Party served with the
20 subpoena or court order shall not produce any information designated in this action
21 as “CONFIDENTIAL” before a determination by the court from which the
22 subpoena or order issued, unless the Party has obtained the Designating Party’s
23 permission. The Designating Party shall bear the burden and expense of seeking
24 protection in that court of its confidential material and nothing in these provisions
25 should be construed as authorizing or encouraging a Receiving Party in this Action
26 to disobey a lawful directive from another court.
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1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
2 BE PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced by a
4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
5 produced by Non-Parties in connection with this litigation is protected by the
6 remedies and relief provided by this Order. Nothing in these provisions should be
7 construed as prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to
9 produce a Non-Party’s confidential information in its possession, and the Party is
10 subject to an agreement with the Non-Party not to produce the Non-Party’s
11 confidential information, then the Party shall:
12 (1) promptly notify in writing the Requesting Party and the Non-
13 Party that some or all of the information requested is subject to a confidentiality
14 agreement with a Non-Party;
15 (2) promptly provide the Non-Party with a copy of the Stipulated
16 Protective Order in this Action, the relevant discovery request(s), and a reasonably
17 specific description of the information requested; and
18 (3) make the information requested available for inspection by the
19 Non-Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court within
21 14 days of receiving the notice and accompanying information, the Receiving
22 Party may produce the Non-Party’s confidential information responsive to the
23 discovery request. If the Non-Party timely seeks a protective order, the Receiving
24 Party shall not produce any information in its possession or control that is subject
25 to the confidentiality agreement with the Non-Party before a determination by the
26 court. Absent a court order to the contrary, the Non-Party shall bear the burden and
27 expense of seeking protection in this court of its Protected Material.
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1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has
3 disclosed Protected Material to any person or in any circumstance not authorized
4 under this Stipulated Protective Order, the Receiving Party must immediately (a)
5 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
6 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
7 the person or persons to whom unauthorized disclosures were made of all the terms
8 of this Order, and (d) request such person or persons to execute the
9 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A.
10 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
11 OTHERWISE 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. Pursuant to Federal Rule of Evidence
18 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
19 of a communication or information covered by the attorney-client privilege or
20 work product protection, the parties may incorporate their agreement in the
21 stipulated protective order submitted to the court.
22 14. MISCELLANEOUS
23 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
24 person to seek its modification by the Court in the future.
25 14.2 Right to Assert Other Objections. By stipulating to the entry of this
26 Protective Order, no Party waives any right it otherwise would have to object to
27 disclosing or producing any information or item on any ground not addressed in
28 this Stipulated Protective Order. Similarly, no Party waives any right to object on
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1 any ground to use in evidence of any of the material covered by this Protective
2 Order.
3 14.3 Filing Protected Material. A Party that seeks to file under seal any
4 Protected Material must comply with Local Civil Rule 79-5. Protected Material
5 may only be filed under seal pursuant to a court order authorizing the sealing of the
6 specific Protected Material. If a Party’s request to file Protected Material under
7 seal is denied by the court, then the Receiving Party may file the information in the
8 public record unless otherwise instructed by the court.
9 15. FINAL DISPOSITION
10 After the final disposition of this Action, as defined in paragraph 6, within
11 60 days of a written request by the Designating Party, each Receiving Party must
12 return all Protected Material to the Producing Party or destroy such material. As
13 used in this subdivision, “all Protected Material” includes all copies, abstracts,
14 compilations, summaries, and any other format reproducing or capturing any of the
15 Protected Material. Whether the Protected Material is returned or destroyed, the
16 Receiving Party must submit a written certification to the Producing Party (and, if
17 not the same person or entity, to the Designating Party) by the 60-day deadline that
18 (1) identifies (by category, where appropriate) all the Protected Material that was
19 returned or destroyed and (2) affirms that the Receiving Party has not retained any
20 copies, abstracts, compilations, summaries or any other format reproducing or
21 capturing any of the Protected Material. Notwithstanding this provision, Counsel
22 are entitled to retain an archival copy of all pleadings, motion papers, trial,
23 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
24 and trial exhibits, expert reports, attorney work product, and consultant and expert
25 work product, even if such materials contain Protected Material. Any such archival
26 copies that contain or constitute Protected Material remain subject to this
27 Protective Order as set forth in Section 6 (DURATION).
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1 16. VIOLATION
2 Any violation of this Order may be punished by appropriate measures
3 including, without limitation, contempt proceedings and/or monetary sanctions.
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6 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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8 DATED: August 9, 2019 /S/ FREDERICK F. MUMM
FREDERICK F. MUMM
9
United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, ______________________ declare under penalty of perjury that I have read
5 in its entirety and understand the Stipulated Protective Order that was entered by the
6 United States District Court for the Central District of California in the case titled
7 Jauregui v. Huntington Beach California Police Department, et al., Case No. 11-cv-
8 09182. I agree to comply with and to be bound by all the terms of this Stipulated
9 Protective Order and I understand and acknowledge that failure to so comply could
10 expose me to sanctions and punishment in the nature of contempt. I solemnly
11 promise that I will not disclose in any manner any information or item that is subject
12 to this Stipulated Protective Order to any person or entity except in strict compliance
13 with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of the case, or after the member cases in which I am involved have
18 terminated or been remanded.
19 Dated: __________________________________
20 City and State: ___________________________
21 Signature: _______________________________
22 Title: ___________________________________
23 Address: ________________________________
24 ________________________________________
25 ________________________________________
26
27
28

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9978328. Public record. Not legal advice.