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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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[PROPOSED] STIPULATED PROTECTIVE ORDER
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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
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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