Opinion

Ashley Blackmon v. City of Beverly Hills

Court: District Court, C.D. California
Filed: Feb 11, 2022
Cited by: 0 cases
Authority: More cited than 16.3%

distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record
even stipulated protective orders require good cause showing

Written by the judges who cited it.

The opinion

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WOODRUFF, SPRADLIN & SMART, APC

DANIEL K. SPRADLIN – State Bar No. 82950

dspradlin@wss-law.com

JEANNE L. TOLLISON – State Bar No. 238970

jtollison@wss-law.com

555 Anton Boulevard, Suite 1200

Costa Mesa, California 92626-7670

Telephone: (714) 558-7000

Facsimile: (714) 835-7787

Attorneys for Defendants CITY OF BEVERLY HILLS, a public entity

and SERGEANT KEVIN ORTH, SERGEANT JAMES

KEENAGHAN, OFFICER ADAM FALOSSI, OFFICER STEPHEN

COMP, OFFICER JONATHAN DE LA CRUZ and OFFICER

MICHAEL DOWNS, as employees of the CITY OF BEVERLY

HILLS, a public entity

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ASHLEY BLACKMON, an individual, CASE NO.: 2:21-cv-08381 AB (AFMx)

Plaintiffs,

STIPULATED PROTECTIVE

v. ORDER1

CITY OF BEVERLY HILLS;

BEVERLY HILLS POLICE

SERGEANT KEVIN ORTH, JAMES

KEENAGHAN, BEVERLY HILLS

POLICE OFFICER ADAM FALOSSI

(#04678), BEVERLY HILLS POLICE

OFFICER STEPHEN COMP,

BEVERLY HILLS POLICE OFFICER

JONATHAN DE LA CRUZ, BEVERLY

HILLS POLICE OFFICER MICHAEL

DOWNS, all sued in their individual

capacities; and DOES 1-10, inclusive;

Defendants.

1. A. PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,

proprietary or private information for which special protection from public disclosure

1 This Stipulated Protective Order is based substantially on the model protective order

provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.

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and from use for any purpose other than prosecuting and defending this litigation may

be warranted.

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

following Stipulated Protective Order. The parties acknowledge that this 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 automatically entitle them to file confidential

information under seal and that Local Civil 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. This order is necessary to allow Plaintiff to

prosecute – and permit Defendants to defend – this civil rights action. The parties agree

that this protective order does not waive the parties’ rights to object to discovery

demands or requests for documents and/or information.

B. GOOD CAUSE STATEMENT

This action is likely to involve medical and/or psychological records and law

enforcement records for which special protection from public disclosure and from use

for any purpose other than prosecution of this action is warranted. Such confidential

materials and information consist of, among other things, medical records and law

enforcement records (including information implicating privacy rights of third parties),

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

or otherwise protected from disclosure under state or federal statutes, court rules, case

decisions, or common law. 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

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

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.

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL

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; Local Civil 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. There is a strong presumption that the public has a right of access

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

motions, good cause must be shown to support a filing under seal. See Kamakana v.

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

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

Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

require good cause showing), and a specific showing of good cause or compelling

reasons with proper evidentiary support and legal justification, must be made with

respect to Protected Material that a party seeks to file under seal. The parties’ mere

designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

without the submission of competent evidence by declaration, establishing that the

material sought to be filed under seal qualifies as confidential, privileged, or otherwise

protectable—constitute good cause. Further, if a party request sealing related to a

dispositive motion or trial, then compelling reasons, not only good cause, for the sealing

must be shown, and the relief sought shall be narrowly tailored to serve the specific

interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79

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(9th Cir. 2010). For each item or type of information, document, or thing sought to be

filed or introduced under seal in connection with a dispositive motion or trial, the party

seeking protection must articulate compelling reasons, supported by specific facts and

legal justification, for the requested sealing order. Again, competent evidence

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

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

will not be filed under seal if the confidential portions can be redacted. If documents

can be redacted, then a redacted version for public viewing, omitting only the

confidential, privileged, or otherwise protectable portions of the document, shall be

filed. Any application that seeks to file documents under seal in their entirety should

include an explanation of why redaction is not feasible.

2. DEFINITIONS

2.1 Action: Blackmon v. City of Beverly Hills, et al. Case No. 2:21-cv-08381

AB (AFMx).

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. This also includes (1) any information copied or extracted from the

Confidential information; (2) all copies, excerpts, summaries, abstracts or compilations

of Confidential information; and (3) any testimony, conversations, or presentations that

might reveal Confidential information.

2.4 Counsel: Counsel of record for the parties to this civil litigation and 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.”

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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.

2.8 Final Disposition: when this Action has been fully and completely

terminated by way of settlement, dismissal, trial and/or appeal.

2.9 House Counsel: attorneys other than Counsel (as defined in paragraph 3.4)

and who are employees of a party to this Action.

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

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

2.11 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 that has

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

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

boards, departments, divisions, employees, consultants, retained experts, and Outside

Counsel of Record (and their support staffs).

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

Discovery Material in this Action.

2.14 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.

2.15 Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”

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2.16 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, abstracts, summaries, or compilations of

Protected Material; and (3) any deposition 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 a trial commences in this Action, information that was designated as

CONFIDENTIAL or maintained pursuant to this protective order and that is introduced

or admitted as an exhibit 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

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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.

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” or words of a

similar effect, and that includes the case name and case number (hereinafter

“CONFIDENTIAL legend”), to each page that contains protected material. If only a

portion 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).

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

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

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

protected testimony.

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).

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.

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.

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6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

stipulation pursuant to Local Rule 37-2.

6.4 Burden and Protection During Challenge. 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:

(a) the Receiving Party’s Counsel of Record in this Action, as well as employees

of said Counsel of Record to whom it is reasonably necessary to disclose the

information for this Action;

(b) Experts (as defined in this Order) of the Receiving Party to whom disclosure

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is reasonably necessary for this Action and who have signed the “Acknowledgment and

Agreement to Be Bound” (Exhibit A);

(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 and who have

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

7.3. Counsel making the disclosure to any qualified person described herein

shall retain the original executed copy of the Acknowledgment and Agreement to Be

Bound until sixty (60) days after this litigation has become final, including any appellate

review, and monitoring of an injunction. Counsel for the Receiving Party shall maintain

all signed Acknowledgments and Agreements to Be Bound and shall produce the

original signature page upon reasonable written notice from opposing counsel. If an

issue arises regarding a purported unauthorized disclosure of Confidential Information,

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upon noticed motion of contempt filed by the Designating Party, counsel for the

Receiving Party may be required to file the signed Acknowledgments and Agreements

to Be Bound, as well as a list of the disclosed materials, in camera with the Court having

jurisdiction of the Stipulation.

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

the Designating Party whose Protected Material may be affected.

The Party served with the subpoena or court order shall not produce any

information designated in this action as “CONFIDENTIAL” unless the Party has

obtained the Designating Party’s permission or an order from the court from which the

subpoena or order issued. 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

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by Non-Parties in connection with this litigation is protected by the 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.

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

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the Designating Party of the unauthorized disclosures, (b) use its best efforts 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. Without written permission from the

Designating Party or a court order secured after appropriate notice to all interested

persons, a Party may not file in the public record in this action any Protected

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Material. A Party that seeks to file under seal any Protected Material must comply with

Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a

court order authorizing the sealing of the specific Protected Material at issue. Pursuant

to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that

the Protected Material at issue is privileged, protectable as a trade secret, or otherwise

entitled to protection under the law. If a Receiving Party's request to file Protected

Material under seal pursuant to Civil Local Rule 79-5.2.2(b) is denied by the court, then

the Receiving Party may file the information in the public record pursuant to Civil Local

Rule 79-5.2.2(b)(ii) 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. 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. 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 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).

///

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1 VIOLATION

2 Any violation of this Order may be punished by appropriate measures including,

3 || without limitation, contempt proceedings and/or monetary sanctions.

5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 || DATED: February 9, 2022 RICKETTS LAW

8 By:/s/ Morgan Ricketts

9 MORGAN RICKETTS

Attorneys for Plaintiff

10 ASHLEY BLACKMON

DATED: February 9, 2022 WOODRUFF, SPRADLIN & SMART, APC

□□ 13

3 23 By:/s/ Jeanne L. Tollison

£25: 14 DANIEL K. SPRADLIN

15 JEANNE L. TOLLISON

Attorneys for Defendants CITY OF

16 BEVERLY HILLS, a public entity and

17 SERGEANT KEVIN ORTH, SERGEANT

JAMES KEENAGHAN, OFFICER ADAM

18 FALOSSI, OFFICER STEPHEN COMP,

19 OFFICER JONATHAN DE LA CRUZ and

OFFICER MICHAEL DOWNS, - as

20 employees of the CITY OF BEVERLY

71 HILLS, a public entity

33 FOR GOOD CAUSE, IT IS SO ORDERED

24 .

25 ~

6 DATED: 2/11/2022

Alexander F. MacKinnon,

27 United States Magistrate Judge

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ASEM ATSOC

Case 2:21-cv-08381-AB-AFM Document 27 Filed 02/11/22 Page 16 of 16 Page ID #:338

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 _____________ in the case of Blackmon v. City of Beverly Hills, et al.,

United States District Court Case No. 2:21-cv-08381 AB (AFMx). 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: _________________________________

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