even stipulated 5 protective orders require good cause showing
How later courts described this case
- even stipulated 5 protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 1 of 23 Page ID #:213
1 BARRETT S. LITT, (No. 45527)
Email: blitt@mbllegal.com
2
DAVID S. McLANE, (No. 124952)
3 Email: dmclane@mbllegal.com
CAITLIN S. WEISBERG, (No. 262779
4
Email: cweisberg@mbllegal.com
5 RODRIGO PADILLA, (No. 339523)
6 Email: rpadilla@mbllegal.com
MCLANE, BEDNARSKI & LITT, LLP
7 975 E. Green Street
8 Pasadena, California 91106
Telephone: (626) 844-7660
9
Facsimile: (626) 844-7670
10
Attorneys for Plaintiff Arturo Aceves Jimenez
11
12 UNITED STATES DISTRICT COURT
13 CENTRAL DISTRICT OF CALIFORNIA
14
15 ARTURO ACEVES JIMENEZ Case No. 2:21-cv-07117-SVW-AFM
16
Plaintiff,
17 [PROPOSED] STIPULATED
18 vs. PROTECTIVE ORDER1
19 CITY OF LOS ANGELES,
20 COUNTY OF LOS ANGELES,
PATRICIA GUERRA, GEORGE
21
LOU LEIKER, SAL
22 LaBARBERA, DOMINICK
FUENTES, AND DOES 1-10,
23
INCLUSIVE,
24
Defendants.
25
26
27
1 This Stipulated Protective Order is based substantially on the model protective order provided
28 under Magistrate Judge Alexander F. MacKinnon’s Procedures. Changes by the parties have
been tracked in a copy submitted to the Court.
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 2 of 23 Page ID #:214
1 1. INTRODUCTION
2 A. PURPOSES AND LIMITATIONS
3 Discovery in this action is likely to involve production of confidential,
4
proprietary, or private information for which special protection from public
5
disclosure and from use for any purpose other than prosecuting this litigation may
6
be warranted. Accordingly, the parties hereby stipulate to and petition the Court
7
to enter the following Stipulated Protective Order. The parties acknowledge that
8
9 this Order does not confer blanket protections on all disclosures or responses to
10 discovery and that the protection it affords from public disclosure and use extends
11
only to the limited information or items that are entitled to confidential treatment
12
under the applicable legal principles.
13
B. GOOD CAUSE STATEMENT
14
In this civil rights action pursuant to 42 U.S.C. § 1983, Plaintiff alleges that
15
16 the defendants—law enforcement officers and the public entities employing
17 them—caused him to be deprived of his rights under the constitution, resulting in
18
his wrongful conviction and imprisonment for a crime that he did not commit.
19
This action is likely to involve law enforcement documents that contain personal
20
and confidential information concerning Plaintiff, Defendants, and/or third parties.
21
22 Such confidential and proprietary materials are otherwise generally unavailable to
23 the public or may be privileged or otherwise protected from disclosure under state
24 or federal statutes, court rules, case decisions, or common law.
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 1
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 3 of 23 Page ID #:215
1 Accordingly, to expedite the flow of information, to facilitate the prompt
2
resolution of disputes over confidentiality of discovery materials, to adequately
3
protect information the parties are entitled to keep confidential, to ensure that the
4
parties are permitted reasonable necessary uses of such material in preparation for
5
and in the conduct of trial, to address their handling at the end of the litigation,
6
7 and serve the ends of justice, a protective order for such information is justified in
8 this matter. It is the intent of the parties that information will not be designated as
9
confidential for tactical reasons and that nothing be so designated without a good
10
faith belief that it has been maintained in a confidential, non-public manner, and
11
there is good cause why it should not be part of the public record of this case.
12
13 For these reasons, good cause exists for the Court to enter this pretrial
14 protective order. Cf. Oliner v. Kontrabecki, 745 F.3d 1024, 1026 (9th Cir. 2014).
15
C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL
16
The parties further acknowledge, as set forth in Section 12.3, below, that
17
18 this Stipulated Protective Order does not entitle them to file confidential
19 information under seal; Civil Local Rule 79-5 sets forth the procedures that must
20
be followed and the standards that will be applied when a party seeks permission
21
from the Court to file material under seal.
22
There is a strong presumption that the public has a right of access to judicial
23
24 proceedings and records in civil cases. In connection with non-dispositive
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 2
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 4 of 23 Page ID #:216
1 motions, good cause must be shown to support a filing under seal. See Kamakana
2
v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.
3
Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.
4
Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
5
protective orders require good cause showing), and a specific showing of good
6
7 cause or compelling reasons with proper evidentiary support and legal
8 justification, must be made with respect to Protected Material that a party seeks to
9
file under seal. The parties’ mere designation of Disclosure or Discovery Material
10
as CONFIDENTIAL does not— without the submission of competent evidence by
11
declaration, establishing that the material sought to be filed under seal qualifies as
12
13 confidential, privileged, or otherwise protectable—constitute good cause.
14 Further, if a party requests sealing related to a dispositive motion or trial,
15
then compelling reasons, not only good cause, for the sealing must be shown, and
16
the relief sought shall be narrowly tailored to serve the specific interest to be
17
protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
18
2010). For each item or type of information, document, or thing sought to be filed
19
20 or introduced under seal in connection with a dispositive motion or trial, the party
21 seeking protection must articulate compelling reasons, supported by specific facts
22
and legal justification, for the requested sealing order. Again, competent evidence
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 3
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 5 of 23 Page ID #:217
1 supporting the application to file documents under seal must be provided by
2
declaration.
3
Any document that is not confidential, privileged, or otherwise protectable
4
in its entirety will not be filed under seal if the confidential portions can be
5
redacted. If documents can be redacted, then a redacted version for public
6
7 viewing, omitting only the confidential, privileged, or otherwise protectable
8 portions of the document, shall be filed. Any application that seeks to file
9
documents under seal in their entirety should include an explanation of why
10
redaction is not feasible.
11
2. DEFINITIONS
12
2.1. Action: This pending federal lawsuit.
13
14 2.2. Challenging Party: A Party or Non-Party that challenges the
15 designation of information or items under this Order.
16
2.3. “CONFIDENTIAL” Information or Items: Information (regardless
17
of how it is generated, stored or maintained) or tangible things that qualify
18
for protection under Federal Rule of Civil Procedure 26(c), and as specified
19
above in the Good Cause Statement, and are subject to designation under
20
21 the terms of this protective order.
22 2.4. Counsel: Outside Counsel of Record and House Counsel (as well as
23
their support staff).
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 4
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 6 of 23 Page ID #:218
1 2.5. Designating Party: A Party or Non-Party that designates information
2
or items that it produces in disclosures or in responses to discovery as
3
“CONFIDENTIAL.”
4
2.6. Disclosure or Discovery Material: All items or information,
5
regardless of the medium or manner in which it is generated, stored, or
6
7 maintained (including, among other things, testimony, transcripts, and
8 tangible things), that are produced or generated in disclosures or responses
9
to discovery in this matter.
10
2.7. Expert: A person with specialized knowledge or experience in a
11
matter pertinent to the litigation who has been retained by a Party or its
12
13 counsel to serve as an expert witness or as a consultant in this Action.
14 2.8. House Counsel: Attorneys who are employees of a party to this
15
Action. House Counsel does not include Outside Counsel of Record or any
16
other outside counsel.
17
2.9. Non-Party: Any natural person, partnership, corporation, association,
18
or other legal entity not named as a Party to this action.
19
20 2.10. Outside Counsel of Record: Attorneys who are not employees of a
21 party to this Action but are retained to represent or advise a party to this
22
Action and have appeared in this Action on behalf of that party or are
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 5
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 7 of 23 Page ID #:219
1 affiliated with a law firm that has appeared on behalf of that party, and
2
includes support staff.
3
2.11. Party: Any party to this Action, including all of its officers,
4
directors, employees, consultants, retained experts, and Outside Counsel of
5
Record (and their support staffs).
6
7 2.12. Producing Party: A Party or Non-Party that produces Disclosure or
8 Discovery Material in this Action.
9
2.13. Professional Vendors: Persons or entities that provide litigation
10
support services (e.g., photocopying, videotaping, translating, preparing
11
exhibits or demonstrations, and organizing, storing, or retrieving data in any
12
13 form or medium) and their employees and subcontractors.
14 2.14. Protected Material: Any Disclosure or Discovery Material that is
15
designated as “CONFIDENTIAL” according to the terms of Section 5.
16
2.15. Receiving Party: A Party that receives Disclosure or Discovery
17
Material from a Producing Party.
18
3. SCOPE
19
The protections conferred by this Stipulation and Order cover not only
20
21 Protected Material (as defined above), but also (1) any information copied or
22 extracted from Protected Material; (2) all copies, excerpts, summaries, or
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 6
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 8 of 23 Page ID #:220
1 compilations of Protected Material; and (3) any testimony, conversations, or
2
presentations by Parties or their Counsel that might reveal Protected Material.
3
Any use of Protected Material at trial shall be governed by the orders of the
4
trial judge. This Order does not govern the use of Protected Material at trial.
5
4. DURATION
6
Once a case proceeds to trial, Protected Material that is used or introduced
7
8 as an exhibit at trial or is otherwise disclosed during trial becomes public and will
9 be presumptively available to all members of the public, including the press,
10
unless compelling reasons supported by specific factual findings to proceed
11
otherwise are made to the trial judge in advance of the trial. See Kamakana v.
12
City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)
13
14 (distinguishing “good cause” showing for sealing documents produced in
15 discovery from “compelling reasons” standard when merits-related documents are
16
part of court record).
17
For cases that do not proceed to trial, and for Protected Material that is not
18
disclosed at trial, the terms of this Protective Order shall continue until 120 days
19
after the Action terminates, either by dismissal pursuant to settlement or by final
20
21 judgment that is not appealed or that is affirmed on appeal.
22 5. DESIGNATING PROTECTED MATERIAL
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 7
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 9 of 23 Page ID #:221
1 5.1. Exercise of Restraint and Care in Designating Material for
2
Protection. Each Party or Non-Party that designates information or items for
3
protection under this Order must take care to limit any such designation to specific
4
material that qualifies under the appropriate standards. The Designating Party
5
must designate for protection only those parts of material, documents, items, or
6
7 oral or written communications that qualify so that other portions of the material,
8 documents, items, or communications for which protection is not warranted are
9
not swept unjustifiably within the ambit of this Order.
10
Mass, indiscriminate, or routinized designations are prohibited.
11
Designations that are shown to be clearly unjustified or that have been made for
12
13 an improper purpose (e.g., to unnecessarily encumber the case development
14 process or to impose unnecessary expenses and burdens on other parties) may
15
expose the Designating Party to sanctions.
16
If it comes to a Designating Party’s attention that information or items that
17
it designated for protection do not qualify for protection, that Designating Party
18
must promptly notify all other Parties that it is withdrawing the inapplicable
19
20 designation.
21 5.2. Manner and Timing of Designations. Except as otherwise provided in
22
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
23
stipulated or ordered, Disclosure or Discovery Material that qualifies for
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 8
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 10 of 23 Page ID #:222
1 protection under this Order must be clearly so designated before the material is
2
disclosed or produced.
3
Designation in conformity with this Order requires:
4
(a) For information in documentary form (e.g., paper or electronic
5
documents, but excluding transcripts of depositions or other pretrial or trial
6
7 proceedings): that the Producing Party affix at a minimum, the legend
8 “CONFIDENTIAL– SUBJECT TO PROTECTIVE ORDER” (herein
9
referenced as “‘CONFIDENTIAL – SUBJECT TO PROTECTIVE
10
ORDER’ legend”), to each page that contains protected material. If only a
11
portion of the material on a page qualifies for protection, the Producing
12
13 Party also must clearly identify the protected portion(s) (e.g., by making
14 appropriate markings in the margins).
15
A Party or Non-Party that makes original documents available for
16
inspection need not designate them for protection until after the inspecting
17
Party has indicated which documents it would like copied and produced.
18
During the inspection and before the designation, all of the material made
19
20 available for inspection shall be deemed “CONFIDENTIAL.” After the
21 inspecting Party has identified the documents it wants copied and produced,
22
the Producing Party must determine which documents, or portions thereof,
23
qualify for protection under this Order. Then, before producing the
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 9
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 11 of 23 Page ID #:223
1 specified documents, the Producing Party must affix the “CONFIDENTIAL
2
– SUBJECT TO PROTECTIVE ORDER” legend to each page that contains
3
Protected Material. If only a portion or portions of the material on a page
4
qualifies for protection, the Producing Party also must clearly identify the
5
protected portion(s) (e.g., by making appropriate markings in the margins).
6
7 (b) For testimony given in depositions: that the Designating Party
8 identifies on the record and before the close of the deposition, any
9
“CONFIDENTIAL” information contained in the testimony or exhibits,
10
sufficient for the court reporter to segregate such testimony and exhibits in
11
a confidential section of the deposition transcript.
12
13 (c) For information produced in form other than document and for
14 any other tangible items: that the Producing Party affix in a prominent place
15
on the exterior of the container or containers in which the information is
16
stored the legend “CONFIDENTIAL– SUBJECT TO PROTECTIVE
17
ORDER.” If only a portion or portions of the information warrants
18
protection, the Producing Party, to the extent practicable, shall identify the
19
20 protected portion(s).
21 5.3. Inadvertent Failure to Designate. If timely corrected, an inadvertent
22
failure to designate qualified information or items does not, standing alone, waive
23
the Designating Party’s right to secure protection under this Order for such
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 10
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 12 of 23 Page ID #:224
1 material. Upon timely correction of a designation, the Receiving Party must make
2
reasonable efforts to assure that the material is treated in accordance with the
3
provisions of this Order.
4
5.4. Designation of Already Unprotected Material. Notwithstanding any
5
designation of Protected Material, if a copy of the same material is already in the
6
7 possession of the Receiving Party or a third party in unprotected form, nothing in
8 this Protective Order shall be construed as limiting the Receiving Party’s or a
9
third-party’s use of the unprotected copy or the information contained therein.
10
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11
6.1. Timing of Challenges. Any party or Non-Party may challenge a
12
designation of Protected Material at any time prior to the time that the case is
13
14 terminated, as defined in section 4 above
15 6.2. Meet and Confer. The Challenging Party shall initiate the dispute
16
resolution process under Local Rule 37-1 et seq.
17
6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
18
joint stipulation pursuant to Local Rule 37-2.
19
6.4 The burden of persuasion in any such challenge proceeding shall be
20
21 on the Designating Party. Frivolous challenges, and those made for an improper
22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
23
parties) may expose the Challenging Party to sanctions. Unless the Designating
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 11
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 13 of 23 Page ID #:225
1 Party has waived or withdrawn the confidentiality designation, all parties shall
2
continue to afford the material in question the level of protection to which it is
3
entitled under the Producing Party’s designation until the Court rules on the
4
challenge.
5
7. ACCESS TO AND USE OF PROTECTED MATERIAL
6
7.1. Basic Principles. A Receiving Party may use Protected Material that
7
8 is disclosed or produced by another Party or by a Non-Party in connection with
9 this Action only for prosecuting, defending, or attempting to settle this Action.
10
Such Protected Material may be disclosed only to the categories of persons and
11
under the conditions described in this Order. When the Action has been
12
terminated, a Receiving Party must comply with the provisions of Section 13
13
14 below (FINAL DISPOSITION).
15 Protected Material must be stored and maintained by a Receiving Party at a
16
location and in a secure manner that ensures that access is limited to the persons
17
authorized under this Order.
18
7.2 Disclosure of Protected Material. Unless otherwise ordered by the
19
Court or permitted in writing by the Designating Party, a Receiving Party may
20
21 disclose Protected Material only to:
22
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 12
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 14 of 23 Page ID #:226
1 (a) The Receiving Party’s Outside Counsel of Record in this
2
Action, as well as employees of said Outside Counsel of Record to whom it
3
is reasonably necessary to disclose the information for this Action;
4
(b) The Receiving Party and the officers, directors, and employees
5
(including House Counsel) of the Receiving Party to whom disclosure is
6
7 reasonably necessary for this Action who have signed the
8 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9
(c) Experts (as defined in this Order) of the Receiving Party to
10
whom disclosure is reasonably necessary for this Action and who have
11
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12
13 (d) The Court and its personnel;
14 (e) Court reporters and their staff;
15
(f) Professional jury or trial consultants, mock jurors, and
16
Professional Vendors to whom disclosure is reasonably necessary or this
17
Action and who have signed the “Acknowledgment and Agreement to be
18
Bound” (Exhibit A);
19
20 (g) The author or recipient of a document containing the
21 information or a custodian or other person who otherwise possessed or
22
knew the information;
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 13
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 15 of 23 Page ID #:227
1 (h) During their depositions, witnesses, and attorneys for
2
witnesses in the Action to whom disclosure is reasonably necessary
3
provided: (1) the deposing party requests that the witness sign the
4
“Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the
5
witness will not be permitted to keep any Protected Material unless they
6
7 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 unless otherwise agreed by the Designating Party or ordered by the Court.
9
If requested by the Designating Party on the record, pages of transcribed
10
deposition testimony or exhibits to depositions that reveal Protected
11
Material may be separately bound by the court reporter and may not be
12
13 disclosed to anyone except as permitted under this Stipulated Protective
14 Order; and
15
(i) Any mediator or settlement officer, and their supporting
16
personnel, mutually agreed upon by any of the parties engaged in settlement
17
discussions.
18
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
19
PRODUCED IN OTHER LITIGATION
20
If a Party is served with a subpoena or a court order issued in other
21
litigation that compels disclosure of any Protected Material, that Party must:
22
(a) Promptly notify in writing the Designating Party. Such notification
23
24 shall include a copy of the subpoena or court order;
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 14
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 16 of 23 Page ID #:228
1 (b) Promptly notify in writing the party who caused the subpoena or
2
order to issue in the other litigation that some or all of the material covered by the
3
subpoena or order is subject to this Protective Order. Such notification shall
4
include a copy of this Stipulated Protective Order; and
5
(c) Cooperate with respect to all reasonable procedures sought to be
6
7 pursued by the Designating Party whose Protected Material may be affected.
8 If the Designating Party timely seeks a protective order, the Party served
9
with the subpoena or court order shall not produce any Protected Material before a
10
determination by the Court from which the subpoena or order issued, unless the
11
Party has obtained the Designating Party’s permission in writing. The
12
13 Designating Party shall bear the burden and expense of seeking protection in that
14 court of its confidential material and nothing in these provisions should be
15
construed as authorizing or encouraging a Receiving Party in this Action to
16
disobey a lawful directive from another court.
17
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
18 PRODUCED IN THIS LITIGATION
19 (a) The terms of this Order are applicable to information produced by a
20
Non-Party in this Action and designated as “CONFIDENTIAL,” according to the
21
terms of Section 5. Such information produced by Non-Parties in connection with
22
this litigation is protected by the remedies and relief provided by this Order.
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 15
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 17 of 23 Page ID #:229
1 Nothing in these provisions should be construed as prohibiting a Non-Party from
2
seeking additional protections.
3
(b) In the event that a Party is required, by a valid discovery request, to
4
produce a Non-Party’s confidential information in its possession, and the Party is
5
subject to an agreement with the Non-Party not to produce the Non-Party’s
6
7 confidential information, then the Party shall:
8 (1) Promptly notify in writing the Requesting Party and the Non-
9
Party that some or all of the information requested is subject to a
10
confidentiality agreement with a Non-Party;
11
(2) Promptly provide the Non-Party with a copy of the Stipulated
12
13 Protective Order in this Action, the relevant discovery request(s), and a
14 reasonably specific description of the information requested; and
15
(3) Make the information requested available for inspection by the
16
Non-Party, if requested.
17
(c) If the Non-Party fails to seek a protective order from this court
18
within 14 days of receiving the notice and accompanying information, the
19
20 Receiving Party may produce the Non-Party’s confidential information responsive
21 to the discovery request. If the Non-Party timely seeks a protective order, the
22
Receiving Party shall not produce any information in its possession or control that
23
is subject to the confidentiality agreement with the Non-Party before a
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 16
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 18 of 23 Page ID #:230
1 determination by the court. Absent a court order to the contrary, the Non-Party
2
shall bear the burden and expense of seeking protection in this court of its
3
Protected Material.
4
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
5
If a Receiving Party learns that, by inadvertence or otherwise, it has
6
disclosed Protected Material to any person or in any circumstance not authorized
7
8 under this Stipulated Protective Order, the Receiving Party must immediately (a)
9 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
10
best efforts to retrieve all unauthorized copies of the Protected Material, (c)
11
inform the person or persons to whom unauthorized disclosures were made of all
12
the terms of this Order, and (d) request such person or persons to execute the
13
14 “Acknowledgment and Agreement to be Bound” (Exhibit A).
15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
16
When a Producing Party gives notice to Receiving Parties that certain
17
18 inadvertently produced material is subject to a claim of privilege or other
19 protection, the obligations of the Receiving Parties are those set forth in Federal
20
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
21
whatever procedure may be established in an e-discovery order that provides for
22
production without prior privilege review. Pursuant to Federal Rule of Evidence
23
502(d) and (e), insofar as the parties reach an agreement on the effect of
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 17
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 19 of 23 Page ID #:231
1 disclosure of a communication or information covered by the attorney-client
2
privilege or work product protection, the parties may incorporate their agreement
3
in the Stipulated Protective Order submitted to the Court.
4
12. MISCELLANEOUS
5
12.1 Right to Further Relief. Nothing in this Order abridges the right of
6
any person to seek its modification by the Court in the future.
7
8 12.2 Right to Assert Other Objections. By stipulating to the entry of this
9 Protective Order, no Party waives any right it otherwise would have to object to
10
disclosing or producing any information or item on any ground not addressed in
11
this Stipulated Protective Order. Similarly, no Party waives any right to object on
12
any ground to use in evidence of any of the material covered by this Protective
13
14 Order.
15 12.3 Filing Protected Material. A Party that seeks to file under seal any
16
Protected Material must comply with Civil Local Rule 79-5. Protected Material
17
may only be filed under seal pursuant to a court order authorizing the sealing of
18
the specific Protected Material at issue. If a Party's request to file Protected
19
Material under seal is denied by the Court, then the Receiving Party may file the
20
21 information in the public record unless otherwise instructed by the Court.
22 13. FINAL DISPOSITION
23
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 18
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 20 of 23 Page ID #:232
1 After the final disposition of this Action, as defined in paragraph 4, within
2
sixty (60) days of a written request by the Designating Party, each Receiving Party
3
must return all Protected Material in its possession to the Producing Party or
4
destroy such material. As used in this subdivision, “all Protected Material”
5
includes all originals, photocopies, digital copies, photographs, scans, and any
6
7 other format reproducing or capturing any of the Protected Material. Whether the
8 Protected Material is returned or destroyed, the Receiving Party must submit a
9
written certification to the Producing Party (and, if not the same person or entity,
10
to the Designating Party) by the 60 day deadline that (1) identifies (by category,
11
where appropriate) all the Protected Material that was returned or destroyed and
12
13 (2) affirms that the Receiving Party has not retained any copies, , regardless of
14 format,reproducing or capturing any of the Protected Material. Notwithstanding
15
this provision, Counsel for the Receiving Party are entitled to retain an archival
16
copy of all discovery, pleadings, motion papers, trial, deposition, and hearing
17
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
18
reports, attorney work product, and consultant and expert work product, even if
19
20 such materials contain Protected Material. Any such archival copies that contain
21 or constitute Protected Material remain subject to this Protective Order as set forth
22
in Section 4 (DURATION).
23
14. VIOLATION
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 19
Cabe 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 21o0f23 Page ID #:233
1 Any violation of this Order may be punished by appropriate measures
2 including, without limitation, contempt proceedings and/or monetary sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
McLANE, BEDNARSKI & LITT, LLP
6 Dated: Jan. 26, 2022 /s/ Caitlin S. Weisberg
Attorneys for Plaintiff Arturo Aceves
7 Jimenez
8 MICHAEL N. FEUER, City Attorney
KATHLEEN A. KENEALY, Chief Dep.
9 Cj
ity Atty
10 SCOTT MARCUS, Chief Asst. City
Attorney
11 CORY M. BRENTE, Senior Asst. City
Attorney
GEOFFREY PLOWDEN, Deputy City
13 Attorney
14 || Dated:_Jan. 27, 2022 /s/ Geoffrey Plowden
Attorneys for Defendants City of Los
15 Angeles, Patricia Guerra, George Lou
16 Leiker, Sal LaBarbera, and Dominick
Fuentes
17
GLASER WEIL FINK HOWARD
18 AVCHEN & SHAPIRO LLP
1
? Dated:_Jan. 27, 2022 /s/ Rob Lee
20 Attorneys for Defendant County of Los
Angeles
21
55 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23 || Dated: 2/7/2022 c 3 &
HON. ALEXANDER F. MacKINNON
24 United States Magistrate Judge
JIMENEZ V. CITY OF LA ET AL. — STIPULATED PROTECTIVE ORDER 20
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 22 of 23 Page ID #:234
1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3
I, [print or type full name], of
4
[print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
7 was issued by the United States District Court for the Central District of
8 California on __________ [date] in the case of Arturo Aceves Jimenez v. City of
9
Los Angeles et al., USDC case no.: 2:21-cv-07117-SVW-AFM. I agree to comply
10
with and to be bound by all the terms of this Stipulated Protective Order and I
11
understand and acknowledge that failure to so comply could expose me to
12
13 sanctions and punishment in the nature of contempt. I solemnly promise that I
14 will not disclose in any manner any information or item that is subject to this
15
Stipulated Protective Order to any person or entity except in strict compliance
16
with the provisions of this Order.
17
I further agree to submit to the jurisdiction of the United States District
18
Court for the Central District of California for the purpose of enforcing the terms
19
20 of this Stipulated Protective Order, even if such enforcement proceedings occur
21 after termination of this action. I hereby appoint
22
[print or type full name] of [print or type full
23
address and telephone number] as my California agent for service of process in
24
JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 21
Case 2:21-cv-07117-SVW-AFM Document 29 Filed 02/07/22 Page 23 of 23 Page ID #:235
1 connection with this action or any proceedings related to enforcement of this
2
Stipulated Protective Order.
3
Date:
4
City and State where sworn and signed:
5
Printed Name:
6
7 Signature:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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JIMENEZ V. CITY OF LA ET AL. – STIPULATED PROTECTIVE ORDER 22