# Zeeshan H. Khan v. City of Los Angeles

> District Court, C.D. California · January 7, 2022

URL: https://www.frixlaw.com/law-library/cases/9978865

## Case

- **Court:** District Court, C.D. California
- **Decided:** January 7, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9978865

## Opinion text

Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 1 of 16 Page ID #:185

1 Office of the Los Angeles City Attorney
DENISE C. MILLS, Deputy City Attorney (SBN 191992)
2 denise.mills@lacity.org
200 North Main Street, 6th Floor, City Hall East
3 Los Angeles, California 90012
Phone: 213-978-6954
4
DANIEL S. ROBERTS, Bar No. 205535
5 droberts@colehuber.com
NICOLE R. ROGGEVEEN, Bar No. 252587
6 nroggeveen@colehuber.com
ADRIAN VERDUZCO, Bar No. 336027
7 averduzco@colehuber.com
COLE HUBER LLP
8 3401 Centrelake Drive, Suite 670
Ontario, California 91761
9 Telephone: (909) 230-4209
Facsimile: (909) 937-2034
10
Attorneys for Defendants City of Los
11 Angeles, Los Angeles Police Department,
and Chief Michel Moore
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14

15
ZEESHAN H. KHAN, CHRISTINA Case No. 2:21-cv-03289 CAS (MARx)
16 ASTORGA, and RINGO CHIU,

17 Plaintiffs, STIPULATED PROTECTIVE
ORDER
18 v.
Referred for Discovery Purposes to the
19 CITY OF LOS ANGELES, LOS Honorable Margo A. Rocconi
ANGELES POLICE DEPARTMENT, ;
20 CHIEF MICHEL MOORE, OFFICER
AARON GREEN, and DOES 1-10,
21
Defendants.
22

23 1. A. PURPOSES AND LIMITATIONS
24 Discovery in this action is likely to involve production of confidential,
25 proprietary, or private information for which special protection from public
26 disclosure and from use for any purpose other than prosecuting this litigation may
27 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
28 enter the following Stipulated Protective Order. The parties acknowledge that this
00082680.2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 2
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 2 of 16 Page ID #:186
Order does not confer blanket protections on all disclosures or responses to
discovery and that the protection it affords from public disclosure and use extends
only to the limited information or items that are entitled to confidential treatment
under the applicable legal principles. The parties further acknowledge, as set forth in
Section 12.3, below, that this Stipulated Protective Order does not entitle them to
file confidential information under seal; Civil Local Rule 79-5 sets forth the
procedures that must be followed and the standards that will be applied when a party
seeks permission from the court to file material under seal.
B. GOOD CAUSE STATEMENT
This action involves the City of Los Angeles and members of the Los Angeles
Police Department on the one side and on the other side Plaintiffs Zeeshan Khan,
Christina Astorga, and Ringo Chiu ("Plaintiffs"), private citizens, who are claiming
damages from the City and its police officer for past and future medical expenses,
loss of earnings, emotional distress, mental suffering, and other unspecified general
damages allegedly caused by Defendants. Defendants will seek in this action
discovery of various information relating to Plaintiffs' damages claims, including
employment and medical information that may be very personal, private, and
potentially embarrassing to them if it were to be unnecessarily disseminated.
Plaintiffs are seeking materials and information that Defendant the City of Los
Angeles (including its Police Department) maintains as confidential, such as
personnel files of police officers, Internal Affairs materials and information, Force
Investigation Division materials and information and other administrative materials
and information currently in the possession of the City and which the City believes
need special protection from public disclosure and from use for any purpose other
than prosecuting this litigation. Some of this information may also implicate the
privacy rights of persons not party to this lawsuit. Plaintiff is also seeking official
information contained in the personnel files of the police officers involved in the
subject incident, which the City maintains as strictly confidential and which the City
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 3
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 3 of 16 Page ID #:187
believes needs special protection from public disclosure and from use for any
purpose other than prosecuting this litigation.
The parties therefore stipulate that some of the information into which
discovery will be sought in this case is protected by various parties' and (third
parties') privacy rights under state and federal law. In addition, the confidentiality
of the materials and information sought by Plaintiff is recognized by California and
federal law. The City has not publicly released such materials except under
protective order or pursuant to a court order, if at all. These materials and
information are of the type that has been used to initiate disciplinary action against
Los Angeles Police Department ("LAPD") officers, and has been used as evidence
in disciplinary proceedings, where the officers' conduct was considered to be
contrary to LAPD policy.
THIS STIPULATED PROTECTIVE ORDER EXPRESSLY EXCLUDES
RECORDINGS FROM OFFICERS' BODY-WORN CAMERAS UNLESS
OTHERWISE SPECIFICALLY AGREED BY THE PARTIES IN A SEPARATE
WRITING, OR AS OTHERWISE ORDERED BY THE COURT.
Absent a protective order delineating the responsibilities of nondisclosure on
the part of the parties hereto, there is a specific risk of unnecessary and undue
disclosure by one or more of the many attorneys, secretaries, law clerks, paralegals
and expert witnesses involved in this case, as well as the corollary risk of
embarrassment, harassment and professional and legal harm on the part of Plaintiffs,
Defendants, other LAPD officers, and non-party civilians who may be referenced in
the materials and information.
Accordingly, to expedite the flow of information, to facilitate the prompt
resolution of disputes over confidentiality of discovery materials, to adequately
protect information the parties are entitled to keep confidential, to ensure that the
parties are permitted reasonable necessary uses of such material in preparation for
and in the conduct of trial, to address their handling at the end of the litigation, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 4
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 4 of 16 Page ID #:188
serve the ends of justice, a protective order for such information is justified in this
matter. It is the intent of the parties that information will not be designated as
confidential for tactical reasons and that nothing be so designated without a good
faith belief that it has been maintained in a confidential, non-public manner, and
there is good cause why it should not be part of the public record of this case.

2. DEFINITIONS
2.1 Action: The above-captioned suit.
2.2 Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement.
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).
2.5 Designating Party: a Party or Non-Party that designates information or
items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL.”
2.6 Disclosure or Discovery Material: all items or information, regardless of
the medium or manner in which it is generated, stored, or maintained
(including, among other things, testimony, transcripts, and tangible
things), that are produced or generated in disclosures or responses to
discovery in this matter.
2.7 Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel
to serve as an expert witness or as a consultant in this Action.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 5
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 5 of 16 Page ID #:189
2.8 House Counsel: attorneys who are employees of a party to this Action.
House Counsel does not include Outside Counsel of Record or any other
outside counsel.
2.9 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a party
to this Action but are retained to represent or advise a party to this Action
and have appeared in this Action on behalf of that party or are affiliated
with a law firm which has appeared on behalf of that party, and includes
support staff.
2.11 Party: any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record
(and their support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation support
services (e.g., photocopying, videotaping, translating, preparing exhibits
or demonstrations, and organizing, storing, or retrieving data in any form
or medium) and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

3. SCOPE
The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 6
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 6 of 16 Page ID #:190
compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

4. DURATION
Once trial commences in this action, all of the information that was
designated as CONFIDENTIAL or maintained pursuant to this protective order and
that is introduced or admitted at trial becomes public and will be presumptively
available to all members of the public, including the press, unless compelling
reasons supported by specific factual findings to proceed otherwise are made to the
trial judge in advance of the trial. See Kamakana v. City and County of Honolulu,
447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing "good cause" showing for
sealing documents produced in discovery from "compelling reasons" standard when
merits-related documents are part of court record). Accordingly, the terms of this
protective order do not extend beyond the commencement of the trial as to the
CONFIDENTIAL information and materials introduced or admitted as an exhibit at
trial.

5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate for
protection only those parts of material, documents, items, or oral or written
communications that qualify so that other portions of the material, documents,
items, or communications for which protection is not warranted are not swept
unjustifiably within the ambit of this Order.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 7
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 7 of 16 Page ID #:191
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber the case development process or to impose
unnecessary expenses and burdens on other parties) may expose the Designating
Party to sanctions.
If it comes to a Designating Party's attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2 Manner and Timing of Designations. Except as otherwise provided in this
Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
under this Order must be clearly so designated before the material is disclosed or
produced.

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings), that
the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
“CONFIDENTIAL legend”), to each page that contains protected material. If only a
portion or portions of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins). Any such designation should not obscure the text or
image on the item being produced.

A Party or Non-Party that makes original documents available for inspection
need not designate them for protection until after the inspecting Party has indicated
which documents it would like copied and produced. During the inspection and
before the designation, all of the material made available for inspection shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 8
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 8 of 16 Page ID #:192
deemed "CONFIDENTIAL." After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must determine which
documents, or portions thereof, qualify for protection under this Order. Then, before
producing the specified documents, the Producing Party must affix the
"CONFIDENTIAL legend" to each page that contains Protected Material. If only a
portion or portions of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).
(b) for testimony given in depositions that the Designating Party identify
the Disclosure or Discovery Material on the record, before the close of the
deposition all protected testimony.
(c) for information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on the
exterior of the container or containers in which the information is stored the legend
"CONFIDENTIAL." If only a portion or portions of the information warrants
protection, the Producing Party, to the extent practicable, shall identify the protected
portion(s). Any such designation should not obscure the text or image on the item
being produced.
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
the Designating Party’s right to secure protection under this Order for such material.
Upon timely correction of a designation, the Receiving Party must make reasonable
efforts to assure that the material is treated in accordance with the provisions of this
Order.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 9
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 9 of 16 Page ID #:193
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court's
Scheduling Order.
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
6.3 The burden of persuasion in any such challenge proceeding shall be on the
Designating Party. Frivolous challenges, and those made for an improper purpose
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
expose the Challenging Party to sanctions. Unless the Designating Party has waived
or withdrawn the confidentiality designation, all parties shall continue to afford the
material in question the level of protection to which it is entitled under the
Producing Party’s designation until the Court rules on the challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL
7.1 Basic Principles. A Receiving Party may use Protected Material that is
disclosed or produced by another Party or by a Non-Party in connection 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 and under the
conditions described in this Order. When the Action has been terminated, a
Receiving Party must comply with the provisions of section 13 below (FINAL
DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise
ordered by the court or permitted in writing by the Designating Party, a Receiving
Party may disclose any information or item designated "CONFIDENTIAL" only to:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 10
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 10 of 16 Page ID #:194
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to
disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this Action and who have signed the
"Acknowledgment and Agreement to Be Bound" (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff;
(f) professional jury or trial consultants, mock jurors, and Professional
Vendors to whom disclosure is reasonably necessary for this Action and who have
signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
requests that the witness sign the form attached as Exhibit A hereto; and (2) they
will not be permitted to keep any confidential information unless they sign the
"Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise
agreed by the Designating Party or ordered by the court. Pages of transcribed
deposition testimony or exhibits to depositions that reveal Protected Material may
be separately bound by the court reporter and may not be disclosed to anyone except
as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 11
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 11 of 16 Page ID #:195
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
"CONFIDENTIAL," that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena
or order is subject to this Protective Order. Such notification shall include a copy of
this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the
subpoena or court order shall not produce any information designated in this action
as "CONFIDENTIAL" before a determination by the court from which the
subpoena or order issued, unless the Party has obtained the Designating Party’s
permission. The Designating Party shall bear the burden and expense of seeking
protection in that court of its confidential material and nothing in these provisions
should be construed as authorizing or encouraging a Receiving Party in this Action
to disobey a lawful directive from another court.

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-
Party in this Action and designated as "CONFIDENTIAL." Such information
produced by Non-Parties in connection with this litigation is protected by the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 12
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 12 of 16 Page ID #:196
remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
produce a Non-Party's confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party's
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that
some or all of the information requested is subject to a confidentiality agreement
with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective
Order in this Action, the relevant discovery request(s), and a reasonably specific
description of the information requested; and
(3) make the information requested available for inspection by the Non-Party,
if requested.
(c) If the Non-Party fails to seek a protective order from this court within 14
days of receiving the notice and accompanying information, the Receiving Party
may produce the Non-Party’s confidential information responsive to the discovery
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
not produce any information in its possession or control that is subject to the
confidentiality agreement with the Non-Party before a determination by the court.
Absent a court order to the contrary, the Non-Party shall bear the burden and
expense of seeking protection in this court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 13
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 13 of 16 Page ID #:197
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
persons to whom unauthorized disclosures were made of all the terms of this Order,
and (d) request such person or persons to execute the "Acknowledgment and
Agreement to Be Bound" that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without
prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
as the parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
parties may incorporate their agreement in the stipulated protective order submitted
to the court.

12. MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in this
Stipulated Protective Order. Similarly, no Party waives any right to object on any
ground to use in evidence of any of the material covered by this Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 14
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 14 of 16 Page ID #:198
only be filed under seal pursuant to a court order authorizing the sealing of the
specific Protected Material at issue. If a Party's request to file Protected Material
under seal is denied by the court, then the Receiving Party may file the information
in the public record unless otherwise instructed by the court.

13. FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60
days of a written request by the Designating Party, each Receiving Party must return
all Protected Material to the Producing Party or destroy such material. As used in
this subdivision, "all Protected Material" includes all copies, abstracts, compilations,
summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving
Party must submit a written certification to the Producing Party (and, if not the same
person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
(by category, where appropriate) all the Protected Material that was returned or
destroyed and (2) affirms that the Receiving Party has not retained any copies,
abstracts, compilations, summaries or any other format reproducing or capturing any
of the Protected Material. Notwithstanding this provision, Counsel are entitled to
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
reports, attorney work product, and consultant and expert work product, even if such
materials contain Protected Material. Any such archival copies that contain or
constitute Protected Material remain subject to this Protective Order as set forth in
Section 4 (DURATION).

/ / /
/ / /
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page15o0f16 Page ID #:199

1 || 14. Any violation of this Order may be punished by any and all appropriate
2 || measures including, without limitation, contempt proceedings and/or monetary
3 || sanctions.
5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6 || Dated: December 29, 2021 THE LAW OFFICES OF JOHN BURTON
7 THE LAW OFFICE OF THOMAS C. SEABAUGH
9 By: /s/ John Burton
John Burton
10 Attorneys for Plaintiffs
11)!Dated: Jaunary 3, 2022 COLE HUBER LLP
S 12
se 3
2% By: /s/ Daniel S. Roberts
z 14 Daniel S. Roberts
5 w 5 15 Attorneys for Defendants City of Los Angeles,
43 S Los Angeles Police Department, and Chief
ofe 16 Michel Moore
WE
s° !7\'Dated: December 30,2021 | STONE BUSAILAH, LLP
18
19
By: /s/ Muna Busailah
20 Muna Busailah
7] Attorneys for Defendant Aaron Green
22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23||DATED: January 7, 2022
24) BRR
25 || Honorable Margo A. Rocconi
46 United States Magistrate Judge
27
28

00082680.2 15

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00082680.2 16
PLL REBUH ELOC
076 ETIUS ,EVIRD EKALERTNEC 1043
16719 AINROFILAC ,OIRATNO
Case 2:21-cv-03289-CAS-MAR Document 45 Filed 01/07/22 Page 16 of 16 Page ID #:200
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of
_________________ [print or type full address], declare under penalty of perjury
that I have read in its entirety and understand the Stipulated Protective Order that
was issued by the United States District Court for the Central District of California
on [date] in the case of Zeeshan Khan, et al. v. City of Los Angeles, et al., Central
District of California Case No. 2:21-cv-3289 CAS (MARx). I agree to comply with
and to be bound by all the terms of this Stipulated Protective Order and I understand
and acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose in
any manner any information or item that is subject to this Stipulated Protective
Order to any person or entity except in strict compliance with the provisions of this
Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. I hereby appoint __________________________ [print or
type full name] of _______________________________________ [print or type
full address and telephone number] as my California agent for service of process in
connection with this action or any proceedings related to enforcement of this
Stipulated Protective Order.
Date: ______________________________________
City and State where sworn and signed: ________________________________

Printed name: _______________________________
Signature: __________________________________

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9978865. Public record. Not legal advice.