Opinion

Nicole Cavicante v. City of Los Angeles

Court
District Court, C.D. California
Filed
Feb 23, 2022
Cited by
0 cases
Authority
More cited than 16.3%

The opinion

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 1 of 17 Page ID #:162

MICHAEL N. FEUER, City Attorney - SBN 111529

1

SCOTT MARCUS, Chief Assistant City Attorney - SBN 184980

CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453

2

COLLEEN R. SMITH, Deputy City Attorney – SBN 209719

200 North Main Street, 6th Floor, City Hall East

3

Los Angeles, CA 90012

4 Phone No.: (213) 978-7027

Fax No.: (213) 978-8785

5 Email: colleen.smith@lacity.org

6 Attorneys for Defendant CITY OF LOS ANGELES

7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10

11 NICOLE CAVICANTE, individually CASE NO.: CV21-06676 KS

and as Successor in Interest to RANDY Hon. Mag. Karen L. Stevenson, Ctrm. 580

12

MILLER, deceased, and JEREMY (Roybal Building)

13 CAVICANTE, individually and as

Successor in Interest to RANDY STIPULATED PROTECTIVE

14

MILLER, deceased, ORDER AND [PROPOSED] ORDER

15

Plaintiffs,

16

17 vs.

18

CITY OF LOS ANGELES, a municipal

19

entity; OFFICER DANIEL NUNEZ, an

20 individual; OFFICER ANTONIO

VALASCO, an individual; and DOES 1

21

through 10, inclusive,

22

Defendants.

23

24

25 1. PURPOSES AND LIMITATIONS

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

27 proprietary, or private information for which special protection from public disclosure

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

1

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 2 of 17 Page ID #:163

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

2 Stipulated Protective Order. The parties acknowledge that this Stipulated Protective

3 Order does not confer blanket protections on all disclosures or responses to discovery

4 and that the protection it affords from public disclosure and use extends only to the

5 limited information or items that are entitled to confidential treatment under the

6 applicable legal principles. The parties further acknowledge, as set forth in Section

7 13.3 below, that this Stipulated Protective Order does not entitle them to file

8 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that

9 must be followed and the standards that will be applied when a party seeks permission

10 from the Court to file material under seal.

11

12 2. GOOD CAUSE STATEMENT

13 This action involves the City of Los Angeles and members of the Los Angeles

14 Police Department. Plaintiffs are seeking materials and information that Defendants

15 the City of Los Angeles et al. (“City”) maintain as confidential, such as personnel files

16 of the police officers involved in this incident, Internal Affairs materials and

17 information, video recordings, audio recordings, photographs, Force Investigation

18 Division materials and information and other administrative materials and information

19 currently in the possession of the City and which the City believes need special

20 protection from public disclosure and from use for any purpose other than prosecuting

21 this litigation. Plaintiffs are also seeking official information contained in the personnel

22 files of the police officers involved in the subject incident, which the City maintains as

23 strictly confidential and which the City believes need special protection from public

24 disclosure and from use for any purpose other than prosecuting this litigation.

25 The City asserts that the confidentiality of the materials and information sought

26 by Plaintiffs is recognized by California and federal law, as evidenced inter alia by

27 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal.,

28 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City has not publicly

2

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 3 of 17 Page ID #:164

1 released the materials and information referenced above except under protective order

2 or pursuant to a court order, if at all. These materials and information are of the type

3 that has been used to initiate disciplinary action against Los Angeles Police Department

4 (“LAPD”) officers, and has been used as evidence in disciplinary proceedings, where

5 the officers’ conduct was considered to be contrary to LAPD policy.

6 The City contends that absent a protective order delineating the responsibilities

7 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary

8 and undue disclosure by one or more of the many attorneys, secretaries, law clerks,

9 paralegals and expert witnesses involved in this case, as well as the corollary risk of

10 embarrassment, harassment and professional and legal harm on the part of the LAPD

11 officers referenced in the materials and information.

12 The City also contends that the unfettered disclosure of the materials and

13 information, absent a protective order, would allow the media to share this information

14 with potential jurors in the area, impacting the rights of the City herein to receive a fair

15 trial.

16 Accordingly, to expedite the flow of information, to facilitate the prompt

17 resolution of disputes over confidentiality of discovery materials, to adequately protect

18 information the parties are entitled to keep confidential, to ensure that the parties are

19 permitted reasonable necessary uses of such material in preparation for and in the

20 conduct of trial, to address their handling at the end of the litigation, and serve the ends

21 of justice, a protective order for such information is justified in this matter. It is the

22 intent of the parties that information will not be designated as confidential for tactical

23 reasons and that nothing be so designated without a good faith belief that it has been

24 maintained in a confidential, non-public manner, and there is good cause why it should

25 not be part of the public record of this case.

26 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve

27 the respective interests of the parties while streamlining the process of resolving any

28 disagreements.

3

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 4 of 17 Page ID #:165

1 The parties therefore stipulate that there is Good Cause for, and hereby jointly

2 request that the honorable Court issue a Protective Order regarding confidential

3 documents consistent with the terms and provisions of this Stipulation. However, the

4 entry of a Protective Order by the Court pursuant to this Stipulation shall not be

5 construed as any ruling by the Court on the aforementioned legal statements or privilege

6 claims in this section, no shall this section be construed as part of any such Court Order.

7

8 3. DEFINITIONS

9 3.1 Action: This pending federal lawsuit, Nicole Cavicante et al., v. City of

10 Los Angeles, et al. CV21-06676 KS.

11 3.2 Challenging Party: a Party or Non-Party that challenges the designation

12 of information or items under this Order.

13 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of

14 how it is generated, stored or maintained) or tangible things that qualify for protection

15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

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

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

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

19 might reveal Confidential information.

20 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

21 support staff), including counsel of record for the parties to this civil litigation and their

22 support staff.

23 3.5 Designating Party: A Party or Nonparty that designates information or

24 items that it produces in disclosures or in responses to discovery as

25 “CONFIDENTIAL.”

26 3.6 Disclosure or Discovery Material: All items or information, regardless

27 of the medium or manner in which it is generated, stored, or maintained (including,

28

4

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 5 of 17 Page ID #:166

1 among other things, testimony, transcripts, and tangible things), that are produced or

2 generated in disclosures or responses to discovery in this matter.

3 3.7 Expert: A person with specialized knowledge or experience in a matter

4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

5 expert witness or as a consultant in this Action.

6 3.8 Final Disposition: when this Action has been fully and completely

7 terminated by way of settlement, dismissal, trial, appeal and/or remand to state court.

8 3.9 House Counsel: Attorneys who are employees of a party to this Action.

9 House Counsel does not include Outside Counsel of Record or any other outside

10 counsel.

11 3.10 Non-party: Any natural person, partnership, corporation, association or

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

13 3.11 Outside Counsel of Record: Attorneys who are not employees of a party

14 to this Action but are retained to represent or advise a party to this Action and have

15 appeared in this Action on behalf of that party or are affiliated with a law firm that has

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

17 3.12 Party: Any party to this Action, including all of its officers, directors,

18 boards, departments, divisions, employees, consultants, retained experts, House

19 Counsel, and Outside Counsel of Record (and their support staffs).

20 3.13 Producing Party: A Party or Nonparty that produces Disclosure or

21 Discovery Material in this Action.

22 3.14 Professional Vendors: Persons or entities that provide litigation support

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

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

25 their employees and subcontractors.

26 3.15 Protected Material: Any Disclosure or Discovery Material that is

27 designated as “CONFIDENTIAL.”

28

5

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 6 of 17 Page ID #:167

1 3.16 Receiving Party: A Party that receives Disclosure or Discovery Material

2 from a Producing Party.

3

4 4. SCOPE

5 The protections conferred by this Stipulated and Order cover not only Protected

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

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

8 Protected Material; and (3) any testimony, conversations, or presentations by Parties or

9 their Counsel that might reveal Protected Material.

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

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

12

13 5. DURATION

14 Even after Final Disposition, as set forth in Section 3.8 above, of this litigation,

15 the confidentiality obligations imposed by this Order shall remain in effect until a

16 Designating Party agrees otherwise in writing or a court order otherwise directs. Final

17 disposition of this pending federal Action shall be deemed to be the later of (1)

18 dismissal of all claims and defenses in this Action, with or without prejudice; and (2)

19

final judgment herein after the completion and exhaustion of all appeals, rehearings,

20

remands (as it relates to appeals of this federal Action), trials, or reviews of this Action,

21

including the time limits for filing any motions or applications for extension of time

22

pursuant to applicable law.

23

24

6. DESIGNATING PROTECTED MATERIAL

25

6.1 Exercise of Restraint and Care in Designating Material for Protection.

26

Each Party or Nonparty that designates information or items for protection under

27

this Order must take care to limit any such designation to specific material that qualifies

28

6

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 7 of 17 Page ID #:168

1 under the appropriate standards. The Designating Party must designate for protection

2 only those parts of material, documents, items or oral or written communications that

3 qualify so that other portions of the material, documents, items or communications for

4 which protection is not warranted are not swept unjustifiably within the ambit of this

5 Order.

6 Mass, indiscriminate or routinized designations are prohibited. Designations that

7 are shown to be clearly unjustified or that have been made for an improper purpose

8 (e.g., to unnecessarily encumber the case development process or to impose

9 unnecessary expenses and burdens on other parties) may expose the Designating Party

10 to sanctions.

11 If it comes to a Designating Party’s attention that information or items that it

12 designated for protection do not qualify for protection, that Designating Party must

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

14 6.2 Manner and Timing of Designations. Except as otherwise provided in

15 this Order(see, e.g., second paragraph of section 6.2(a) below), or as otherwise

16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

17 under this Order must be clearly so designated before the material is disclosed or

18 produced.

19 Designation in conformity with this Order requires:

20 (a) for information in documentary form (e.g., paper or electronic documents,

21 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

22 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of a

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

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

25 portion of the material on a page qualifies for protection, the Producing Party also must

26 clearly identify the protected portion(s) (e.g., by making appropriate markings in the

27 margins).

28

7

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 8 of 17 Page ID #:169

1 A Party or Nonparty that makes original documents available for inspection need

2 not designate them for protection until after the inspecting Party has indicated which

3 documents it would like copied and produced. During the inspection and before the

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

5 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

6 copied and produced, the Producing Party must determine which documents, or

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

8 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to

9 each page that contains Protected Material. If only a portion of the material on a page

10 qualifies for protection, the Producing Party also must clearly identify the protected

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

12 (b) for testimony given in depositions that the Designating Party identifies the

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

14 protected testimony.

15 (c) for information produced in some form other than documentary and for any

16 other tangible items, that the Producing Party affix in a prominent place on the exterior

17 of the container or containers in which the information is stored the legend

18 “CONFIDENTIAL.” If only a portion or portions of the information warrants

19 protection, the Producing Party, to the extent practicable, shall identify the protected

20 portion(s).

21 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

22 failure to designate qualified information or items does not, standing alone, waive the

23 Designating Party’s right to secure protection under this Order for such material. Upon

24 timely correction of a designation, the Receiving Party must make reasonable efforts to

25 assure that the material is treated in accordance with the provisions of this Order.

26 ///

27 ///

28 ///

8

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 9 of 17 Page ID #:170

1 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

2 7.1 Timing of Challenges. Any Party or Nonparty may challenge a

3 designation of confidentiality at any time that is consistent with the Court’s Scheduling

4 Order.

5 7.2 Meet and Confer. The Challenging Party shall initiate the dispute

6 resolution process under Local Rule 37.1 et seq.

7 7.3 Burden of Persuasion. The burden of persuasion in any such challenge

8 proceeding shall be on the Designating Party. Frivolous challenges, and those made for

9 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

10 other parties) may expose the Challenging Party to sanctions. Unless the Designating

11 Party has waived or withdrawn the confidentiality designation, all parties shall continue

12 to afford the material in question the level of protection to which it is entitled under the

13 Producing Party’s designation until the Court rules on the challenge.

14

15 8. ACCESS TO AND USE OF PROTECTED MATERIAL

16 8.1 Basic Principles. A Receiving Party may use Protected Material that is

17 disclosed or produced by another Party or by a Nonparty in connection with this Action

18 only for prosecuting, defending or attempting to settle this Action. Such Protected

19 Material may be disclosed only to the categories of persons and under the conditions

20 described in this Order. When the Action has been terminated, a Receiving Party must

21 comply with the provisions of section 14 below (FINAL DISPOSITION).

22 Protected Material must be stored and maintained by a Receiving Party at a

23 location and in a secure manner that ensures that access is limited to the persons

24 authorized under this Order.

25 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

26 otherwise ordered by the court or permitted in writing by the Designating Party, a

27 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

28 only to:

9

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 10 of 17 Page ID #:171

1 (a) The parties to the action;

2 (b) The Receiving Party’s Outside Counsel of Record in this Action, as well as

3 employees of said Outside Counsel of Record to whom it is reasonably necessary to

4 disclose the information for this Action;

5 (c) The officers, directors, and employees (including House Counsel) of the

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

7 (d) Experts of the Receiving Party to whom disclosure is reasonably necessary

8 for this Action and who have signed the “Acknowledgment and Agreement to Be

9 Bound” (Exhibit A);

10 (e) The Court and its personnel;

11 (f) Court reporters and their staff;

12 (g) Professional jury or trial consultants, mock jurors, and Professional Vendors

13 to whom disclosure is reasonably necessary for this Action and who have signed the

14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

15 (h) The author or recipient of a document containing the information or a

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

17 (i) During their depositions, witnesses, and attorneys for witnesses, in the Action

18 to whom disclosure is reasonably necessary provided: (1) the deposing party requests

19 that the witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A;

20 and (2) they will not be permitted to keep any confidential information unless they sign

21 the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the

22 Designating Party or ordered by the Court. Pages of transcribed deposition testimony

23 or exhibits to depositions that reveal Protected Material may be separately bound by the

24 court reporter and may not be disclosed to anyone except as permitted under this

25 Stipulated Protective Order; and

26 (j) Any mediator or settlement officer, and their supporting personnel, mutually

27 agreed upon by any of the parties engaged in settlement discussions and who have

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

10

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 11 of 17 Page ID #:172

1 8.3. Retention of “Acknowledgment and Agreement to Be Bound”. Counsel

2 making the disclosure to any qualified person described herein shall retain the original

3 executed copy of the Nondisclosure Agreement until sixty (60) days after this litigation

4

has become final, including any appellate review, and monitoring of an injunction.

5

Counsel for the Receiving Party shall maintain all signed Nondisclosure Agreements

6

and shall produce the original signature page upon reasonable written notice from

7

opposing counsel. If an issue arises regarding a purported unauthorized disclosure of

8

Confidential Information, upon noticed motion of contempt filed by the Designating

9

Party, counsel for the Receiving Party may be required to file the signed Nondisclosure

10

Agreements, as well as a list of the disclosed materials, in camera with the Court having

11

jurisdiction of the Stipulation.

12

13

9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

14

IN OTHER LITIGATION

15

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

16

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

17

“CONFIDENTIAL,” that Party must:

18

(a) Promptly notify in writing the Designating Party. Such notification shall

19

include a copy of the subpoena or court order;

20

(b) Promptly notify in writing the party who caused the subpoena or order to

21

issue in the other litigation that some or all of the material covered by the subpoena or

22

order is subject to this Stipulated Protective Order. Such notification shall include a

23

copy of this Stipulated Protective Order; and

24

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

25

the Designating Party whose Protected Material may be affected.

26

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

27

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

28

11

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 12 of 17 Page ID #:173

1 “CONFIDENTIAL” before a determination by the court from which the subpoena or

2 order issued, unless the Party has obtained the Designating Party’s permission. The

3 Designating Party shall bear the burden and expense of seeking protection in that court

4 of its confidential material and nothing in these provisions should be construed as

5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

6 directive from another court.

7

8 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

9 PRODUCED IN THIS LITIGATION

10 10.1 Application. The terms of this Stipulated Protective Order are applicable

11 to information produced by a Non-Party in this Action and designated as

12 “CONFIDENTIAL.” Such information produced by Non-parties in connection with

13 this litigation is protected by the remedies and relief provided by this Stipulated

14 Protective Order. Nothing in these provisions should be construed as prohibiting a Non-

15 party from seeking additional protections.

16 10.2 Notification. In the event that a Party is required, by a valid discovery

17 request, to produce a Non-party’s confidential information in its possession, and the

18 Party is subject to an agreement with the Non-party not to produce the Non-party’s

19 confidential information, then the Party shall:

20 (1) Promptly notify in writing the Requesting Party and the Non-party that some

21 or all of the information requested is subject to a confidentiality agreement with a Non-

22 party;

23 (2) Promptly provide the Non-party with a copy of the Stipulated Protective

24 Order in this Action, the relevant discovery request(s), and a reasonably specific

25 description of the information requested; and

26 (3) Make the information requested available for inspection by the Non-party, if

27 requested.

28 ///

12

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 13 of 17 Page ID #:174

1 10.3 Conditions of Production. If the Non-party fails to seek a protective order

2 from this Court within fourteen (14) days of receiving the notice and accompanying

3 information, the Receiving Party may produce the Non-party’s confidential information

4 responsive to the discovery request. If the Non-party timely seeks a protective order,

5 the Receiving Party shall not produce any information in its possession or control that

6 is subject to the confidentiality agreement with the Non-party before a determination

7 by the Court. Absent a court order to the contrary, the Non-party shall bear the burden

8 and expense of seeking protection in this court of its Protected Material.

9

10 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

12 Protected Material to any person or in any circumstance not authorized under this

13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

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

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

16 whom unauthorized disclosures were made of all the terms of this Stipulated Protective

17 Order, and (d) request such person or persons to execute the “Acknowledgment and

18 Agreement to Be Bound” (Exhibit A).

19

20 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

21 PROTECTED MATERIAL

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

23 inadvertently produced material is subject to a claim of privilege or other protection,

24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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

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

27 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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

13

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 14 of 17 Page ID #:175

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

2 parties may incorporate their agreement in the Stipulated Protective Order submitted to

3 the Court.

4

5 13. MISCELLANEOUS

6 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order

7 abridges the right of any person to seek its modification by the Court in the future.

8

9 13.2 Right to Assert Other Objections. By stipulating to the entry of this

10 Stipulated Protective Order, no Party waives any right it otherwise would have to object

11 to disclosing or producing any information or item on any ground not addressed in this

12 Stipulated Protective Order. Similarly, no Party waives any right to object on any

13 ground to use in evidence of any of the material covered by this Stipulated Protective

14 Order.

15 13.3 Filing Protected Material. A Party that seeks to file under seal any

16 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

17 only be filed under seal pursuant to a court order authorizing the sealing of the specific

18 Protected Material at issue. If a Party’s request to file Protected Material under seal is

19 denied by the court, then the Receiving Party may file the information in the public

20 record unless otherwise instructed by the Court.

21

22 14. FINAL DISPOSITION

23 After the FINAL DISPOSITION of this Action, as defined in paragraph 3.8,

24 within sixty (60) days of a written request by the Designating Party, each Receiving

25 Party must return all Protected Material to the Producing Party. As used in this

26 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

27 summaries, and any other format reproducing or capturing any of the Protected

28 Material. The Receiving Party must submit a written certification to the Producing

14

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 15 of 17 Page ID #:176

1 Party (and, if not the same person or entity, to the Designating Party) by the 60-day

2 deadline that (1) identifies (by category, where appropriate) all the Protected Material

3 that was returned and (2) affirms that the Receiving Party has not retained any copies,

4 abstracts, compilations, summaries or any other format reproducing or capturing any of

5 the Protected Material. Notwithstanding this provision, Counsel is entitled to retain an

6 archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts;

7 legal memoranda; correspondence; deposition and trial exhibits; expert reports;

8 attorney work product; and consultant and expert work product, even if such materials

9 contain Protected Material. Any such archival copies that contain or constitute

10 Protected Material remain subject to this Stipulated Protective Order as set forth in

11 Section 5 (DURATION).

12 ///

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15

[PROPOSED] STIPULATED PROTECTIVE ORDER

se 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page16of17 Page ID #:177

1/|15. VIOLATION

2 Any violation of this Stipulated Protective Order may be punished by any and all

3||appropriate measures including, without limitation, contempt proceedings and/or

4|| monetary sanctions.

6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

8 || Dated: February 22, 2022 IVIE McNEILL WYATT PURCELL & DIGGS

9 By: _ /s/ Rodney S. Diggs

10 RODNEY S. DIGGS

1 DARRLY MEIGS

Attorney for Plaintiffs NICOLE CAVICANTE

12 and JEREMY CAVICANTE

13

Dated: February 22, 2022 MICHAEL N. FEUER, City Attorney

14 SCOTT MARCUS, Chief Assistant City Attorney

15 CORY M. BRENTE, Senior Assistant City Attorney

16 By: /s/ Colleen R. Smith

17 COLLEEN R. SMITH, Deputy City Attorney

Attorneys for Defendants CITY OF LOS ANGELES

18

19

50 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

21

9 Dated: _February 23, 2022 ALM, :

HONORABLE KAREN L. STEVENSON

23 UNITED STATES MAGISTRATE JUDGE

24

25

26

27

28

16

{PROPOSED} STIPULATED PROTECTIVE ORDER

Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 17 of 17 Page ID #:178

1 ATTACHMENT “A”

2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

3

4 I, [full name], of

5 [address], declare under penalty of perjury that I have read in its

6 entirety and understand the Stipulated Protective Order that was issued by the United

7 States District Court for the Central District of California on [date] in

8 the case of Nicole Cavicante, et al. v. City of Los Angeles, et al , United States District

9 Court for the Central District of California, Central Division, Case No. CV21-06676

10 KS. I agree to comply with and to be bound by all the terms of this Stipulated Protective

11 Order, and I understand and acknowledge that failure to so comply could expose me to

12 sanctions and punishment in the nature of contempt. I solemnly promise that I will not

13 disclose in any manner any information or item that is subject to this Stipulated

14 Protective Order to any person or entity except in strict compliance with the provisions

15 of this Stipulated Protective Order.

16 I further agree to submit to the jurisdiction of the United States District Court for

17 the Central District of California for the purpose of enforcing the terms of this Stipulated

18 Protective Order, even if such enforcement proceedings occur after termination of this

19 action. I hereby appoint [full name] of

20 [address and telephone number] as my California

21 agent for service of process in connection with this action or any proceedings related to

22 enforcement of this Stipulated Protective Order.

23

24 Signature:

25 Printed Name:

26 Date:

27 City and State Where Sworn and Signed:

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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