Opinion

Clairece R. Andrus v. City of Los Angeles

Court: District Court, C.D. California
Filed: May 2, 2022
Cited by: 0 cases
Authority: More cited than 16.3%

distinguishing “good cause” showing for sealing 22 documents produced in discovery from “compelling reasons” standard when merits- 23 related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for sealing 22 documents produced in discovery from “compelling reasons” standard when merits- 23 related documents are part of court record
distinguishing “good cause” showing for sealing 20 documents produced in discovery from “compelling reasons” standard when merits- 21 related documents are part of court record
even stipulated protective orders require good 16 cause showing
even stipulated protective orders require good 14 cause showing

Written by the judges who cited it.

The opinion

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 1 of 34 Page ID #:368

1 MICHAEL N. FEUER, City Attorney - SBN 111529

2 SCOTT MARCUS, Chief Assistant City Attorney – SBN 184980

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

3 GEOFFREY PLOWDEN, Deputy City Attorney – SBN 146602

4 SUREKHA A. SHEPHERD, Deputy City Attorney – SBN 193206

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

5 Los Angeles, CA 90012

6 Tel No.: (213) 978-7036; Fax No.: (213) 978-8785

Email: surekha.shepherd@lacity.org

8 Attorneys for Defendants, CITY OF LOS ANGELES, OFFICER ALDO RUIZ,

OFFICER WON KIM, and OFFICER MARK CARBONELL

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

13 CLAIRECE R. ANDRUS, CASE NO.: CV22-00144-FWS-PD

Individually and as a Successor-In- Hon. Fred W. Slaughter, Santa Ana, Ctrm 10D

14 Mag. Patricia A. Donahue, Roybal 580

Interest to AMY MARIE

15 PALUBICKI, decedent,

Plaintiff, STIPULATED PROTECTIVE

17 ORDER1

vs.

19 CITY OF LOS ANGELES;

LAPD Officer RUIZ (Badge #44215);

LAPD Officer KIM (Badge #42236);

21 LAPD Officer CARBONELL

(Unknown

Badge Number); COUNTY OF LOS

23 ANGELES and DOE 1 through 10,

Inclusive,

Defendants.

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

28 provided under Magistrate Judge Patricia Donahue’s Procedures.

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 2 of 34 Page ID #:369

1 1. A. PURPOSES AND LIMITATIONS

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

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

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

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

6 Stipulated Protective Order. The parties acknowledge that this Order does not confer

7 blanket protections on all disclosures or responses to discovery and that the protection

8 it affords from public disclosure and use extends only to the limited information or

9 items that are entitled to confidential treatment under the applicable legal principles.

11 B. GOOD CAUSE STATEMENT

12 This action is likely to involve personnel records of sworn peace officers,

13 medical records, private information for which special protection from public

14 disclosure and from use for any purpose other than prosecution of this action is

15 warranted. Such confidential and proprietary materials and information consist of,

16 among other things, information otherwise generally unavailable to the public, or

17 which may be privileged or otherwise protected from disclosure under state or federal

18 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow

19 of information, to facilitate the prompt resolution of disputes over confidentiality of

20 discovery materials, to adequately protect information the parties are entitled to keep

21 confidential, to ensure that the parties are permitted reasonable necessary uses of such

22 material in preparation for and in the conduct of trial, to address their handling at the

23 end of the litigation, and serve the ends of justice, a protective order for such

24 information is justified in this matter. It is the intent of the parties that information will

25 not be designated as confidential for tactical reasons and that nothing be so

26 designated without a good faith belief that it has been maintained in a confidential,

27 non-public manner, and there is good cause why it should not be part of the public

28 record of this case.

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 3 of 34 Page ID #:370

2 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

3 The parties further acknowledge, as set forth in Section 12.3, below, that this

4 Stipulated Protective Order does not entitle them to file confidential information under

5 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

6 standards that will be applied when a party seeks permission from the court to file

7 material under seal.

8 There is a strong presumption that the public has a right of access to judicial

9 proceedings and records in civil cases. In connection with non-dispositive motions,

10 good cause must be shown to support a filing under seal. See Kamakana v. City and

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

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

13 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

14 cause showing), and a specific showing of good cause or compelling reasons with

15 proper evidentiary support and legal justification, must be made with respect to

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

17 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

18 submission of competent evidence by declaration, establishing that the material sought

19 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—

20 constitute good cause.

21 Further, if a party requests sealing related to a dispositive motion or trial, then

22 compelling reasons, not only good cause, for the sealing must be shown, and the relief

23 sought shall be narrowly tailored to serve the specific interest to be protected. See

24 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

25 or type of information, document, or thing sought to be filed or introduced under seal

26 in connection with a dispositive motion or trial, the party seeking protection must

27 articulate compelling reasons, supported by specific facts and legal justification, for

28 the requested sealing order. Again, competent evidence supporting the application to

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 4 of 34 Page ID #:371

1 file documents under seal must be provided by declaration.

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

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

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

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

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

7 include an explanation of why redaction is not feasible.

9 2. DEFINITIONS

10 2.1 Action: Clairece R. Andrus v. City of Los Angeles, et al.; CV22-00144-

11 FWS-PD

12 2.2 Challenging Party: a Party or Non-Party that challenges the designation

13 of information or items under this Order.

14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

17 Statement.

18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

19 support staff).

20 2.5 Designating Party: a Party or Non-Party that designates information or

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

22 “CONFIDENTIAL.”

23 2.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

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

27 2.7 Expert: a person with specialized knowledge or experience in a matter

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

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 5 of 34 Page ID #:372

1 expert witness or as a consultant in this Action.

2 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

4 counsel.

5 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

7 2.10 Outside Counsel of Record: attorneys who are not employees of a party

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

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

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

11 2.11 Party: any party to this Action, including all of its officers, directors,

12 employees, consultants, retained experts, and Outside Counsel of Record (and their

13 support staffs).

14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

15 Discovery Material in this Action.

16 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

19 their employees and subcontractors.

20 2.14 Protected Material: any Disclosure or Discovery Material that is

21 designated as “CONFIDENTIAL.”

22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

23 from a Producing Party.

25 3. SCOPE

26 The protections conferred by this Stipulation and Order cover not only Protected

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

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

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 6 of 34 Page ID #:373

1 Material; and (3) any testimony, conversations, or presentations by Parties or their

2 Counsel that might reveal Protected Material.

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

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

6 4. DURATION

7 FINAL DISPOSITION of the action is defined as the conclusion of any appellate

8 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.

9 Except as set forth below, the terms of this protective order apply through FINAL

10 DISPOSITION of the action. The parties may stipulate that they will be contractually

11 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to

12 file a separate action for enforcement of the agreement once all proceedings in this case

13 are complete.

Once a case proceeds to trial, information that was designated as

CONFIDENTIAL or maintained pursuant to this protective order used or introduced

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, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

documents produced in discovery from “compelling reasons” standard when merits-

related documents are part of court record). Accordingly, for such materials, the terms

of this protective order do not extend beyond the commencement of the 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

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 7 of 34 Page ID #:374

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

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

5 this Order.

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

7 that 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 5.2 Manner and Timing of Designations. Except as otherwise provided in this

15 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

16 or ordered, Disclosure or Discovery Material that qualifies for protection under this

17 Order must be clearly so designated before the material is disclosed or produced.

18 Designation in conformity with this Order requires:

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

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

21 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

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

23 portion or portions of the material on a page qualifies for protection, the Producing

24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

25 markings in the margins).

26 A Party or Non-Party that makes original documents available for inspection

27 need not designate them for protection until after the inspecting Party has indicated

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

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 8 of 34 Page ID #:375

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

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

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

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

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

6 to each page that contains Protected Material. If only a portion or portions of the

7 material on a page qualifies for protection, the Producing Party also must clearly

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

9 (b) for testimony given in depositions that the Designating Party identify the

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

11 protected testimony.

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

13 any other tangible items, that the Producing Party affix in a prominent place on the

14 exterior of the container or containers in which the information is stored the legend

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

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

17 portion(s).

18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

27 Order.

28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 9 of 34 Page ID #:376

1 resolution process under Local Rule 37.1 et seq.

2 6.3 The burden of persuasion in any such challenge proceeding shall be on

3 the Designating Party. Frivolous challenges, and those made for an improper purpose

4 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

5 expose the Challenging Party to sanctions. Unless the Designating Party has waived or

6 withdrawn the confidentiality designation, all parties shall continue to afford the

7 material in question the level of protection to which it is entitled under the Producing

8 Party’s designation until the Court rules on the challenge.

10 7. ACCESS TO AND USE OF PROTECTED MATERIAL

11 7.1 Basic Principles. A Receiving Party may use Protected Material that is

12 disclosed or produced by another Party or by a Non-Party in connection with this

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

14 Protected Material may be disclosed only to the categories of persons and under the

15 conditions described in this Order. When the Action has been terminated, a Receiving

16 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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

19 authorized under this Order.

20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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

23 only to:

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

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

26 disclose the information for this Action;

27 (b) the officers, directors, and employees (including House Counsel) of the

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

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 10 of 34 Page ID #:377

1 (c) Experts (as defined in this Order) of the Receiving Party to whom

2 disclosure is reasonably necessary for this Action and who have signed the

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

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

6 (f) professional jury or trial consultants, mock jurors, and Professional

7 Vendors to whom disclosure is reasonably necessary for this Action and who have

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

9 (g) the author or recipient of a document containing the information or a

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

11 (h) during their depositions, witnesses, and attorneys for witnesses, in the

12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

14 not be permitted to keep any confidential information unless they sign the

15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

16 by the Designating Party or ordered by the court. Pages of transcribed deposition

17 testimony or exhibits to depositions that reveal Protected Material may be separately

18 bound by the court reporter and may not be disclosed to anyone except as permitted

19 under this Stipulated Protective Order; and

20 (i) any mediator or settlement officer, and their supporting personnel,

21 mutually agreed upon by any of the parties engaged in settlement discussions.

23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

24 OTHER LITIGATION

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

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

27 “CONFIDENTIAL,” that Party must:

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 11 of 34 Page ID #:378

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

2 include a copy of the subpoena or court order;

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

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

5 order is subject to this Protective Order. Such notification shall include a copy of this

6 Stipulated Protective Order; and

7 (c) cooperate with respect to all reasonable procedures sought to be pursued

8 by the Designating Party whose Protected Material may be affected.

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

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

11 as “CONFIDENTIAL” before a determination by the court from which the subpoena

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

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

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

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

16 directive from another court.

18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO

19 BE PRODUCED IN THIS LITIGATION

20 (a) The terms of this Order are applicable to information produced by a Non-

21 Party in this Action and designated as “CONFIDENTIAL.” Such information

22 produced by Non-Parties in connection with this litigation is protected by the remedies

23 and relief provided by this Order. Nothing in these provisions should be construed as

24 prohibiting a Non-Party from seeking additional protections.

25 (b) In the event that a Party is required, by a valid discovery request, to

26 produce a Non-Party’s confidential information in its possession, and the Party is

27 subject to an agreement with the Non-Party not to produce the Non-Party’s

28 confidential information, then the Party shall:

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 12 of 34 Page ID #:379

1 (1) promptly notify in writing the Requesting Party and the Non-Party

2 that some or all of the information requested is subject to a confidentiality agreement

3 with a Non-Party;

4 (2) promptly provide the Non-Party with a copy of the Stipulated

5 Protective Order in this Action, the relevant discovery request(s), and a reasonably

6 specific description of the information requested; and

7 (3) make the information requested available for inspection by the Non-

8 Party, if requested.

9 (c) If the Non-Party fails to seek a protective order from this court within 14

10 days of receiving the notice and accompanying information, the Receiving Party may

11 produce the Non-Party’s confidential information responsive to the discovery request.

12 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

13 any information in its possession or control that is subject to the confidentiality

14 agreement with the Non-Party before a determination by the court. Absent a court order

15 to the contrary, the Non-Party shall bear the burden and expense of seeking protection

16 in this court of its Protected Material.

18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

24 whom unauthorized disclosures were made of all the terms of this Order, and (d)

25 request such person or persons to execute the “Acknowledgment and Agreement to Be

26 Bound” that is attached hereto as Exhibit A.

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 13 of 34 Page ID #:380

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

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

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

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

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

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

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

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

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

11 parties may incorporate their agreement in the stipulated protective order submitted to

12 the court.

14 12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.

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

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

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

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

ground to use in evidence of any of the material covered by this Protective Order.

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

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

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

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

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

record unless otherwise instructed by the court.

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 14 of 34 Page ID #:381

2 13. FINAL DISPOSITION

3 After the final disposition of this Action, as defined in paragraph 4, within 60

4 days of a written request by the Designating Party, each Receiving Party must return

5 all Protected Material to the Producing Party or destroy such material. As used in this

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

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

8 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

9 must submit a written certification to the Producing Party (and, if not the same person

10 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

11 category, where appropriate) all the Protected Material that was returned or destroyed

12 and (2)affirms that the Receiving Party has not retained any copies, abstracts,

13 compilations, summaries or any other format reproducing or capturing any of the

14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

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

16 legal memoranda, correspondence, deposition and trial exhibits, expert reports,

17 attorney work product, and consultant and expert work product, even if such materials

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

19 Protected Material remain subject to this Protective Order as set forth in Section 4

20 (DURATION).

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 15 of 34 Page ID #:382

1 14. Any violation of this Order may be punished by any and all appropriate measures

2 including, without limitation, contempt proceedings and/or monetary sanctions.

4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 DATED: April 27, 2022

8 Etan Z. Lorant

9 Etan Z. Lorant, Esq.

10 Attorneys for Plaintiff, CLAIRECE R. ANDRUS

12 DATED: April 27, 2022

Surekha A. Shepherd

Surekha A. Shepherd, Deputy City Attorney

Attorneys for Defendants, CITY OF LOS ANGELES, OFFICER ALDO RUIZ,

OFFICER WON KIM, and OFFICER MARK CARBONELL

DATED: April 27, 2022

//S//

Karen Joynt, Esq.

Attorneys for Defendant, COUNTY OF LOS ANGELES

///

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 16 of 34 Page ID #:383

1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3 DATED: _____________________

5 _______________________________________

Patricia Donahue

United States Magistrate Judge

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 17 of 34 Page ID #:384

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, ________________________ [print or type full name], of

_________________ [print or type full address], declare under penalty of perjury

that I have read in its entirety and understand the Stipulated Protective Order that

was issued by the United States District Court for the Central District of California

on [date] in the case of __________ [insert formal name of the case and the

number and initials assigned to it by the court]. 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.

23 Date: __________________________

City and State where sworn and signed: _____________________________

Printed name: ____________________________________

28 Signature: ________________________________

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 18 of 34 Page ID #:385

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

CLAIRECE R. ANDRUS, CASE NO.: CV22-00144-FWS-PD

13 Individually and as a Successor-In- Hon. Fred W. Slaughter, Santa Ana, Ctrm 10D

Mag. Patricia A. Donahue, Roybal 580

Interest to AMY MARIE

PALUBICKI, decedent,

16 Plaintiff, [PROPOSED] STIPULATED

PROTECTIVE ORDER1

17 vs.

CITY OF LOS ANGELES;

19 LAPD Officer RUIZ (Badge #44215);

20 LAPD Officer KIM (Badge #42236);

LAPD Officer CARBONELL

21 (Unknown

22 Badge Number); COUNTY OF LOS

ANGELES and DOE 1 through 10,

23 Inclusive,

Defendants.

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

28 provided under Magistrate Judge Patricia Donahue’s Procedures.

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 19 of 34 Page ID #:386

1 GOOD CAUSE appearing, it is therefore ORDERED:

2 1. A. PURPOSES AND LIMITATIONS

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

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

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

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

7 Stipulated Protective Order. The parties acknowledge that this Order does not confer

8 blanket protections on all disclosures or responses to discovery and that the protection

9 it affords from public disclosure and use extends only to the limited information or

10 items that are entitled to confidential treatment under the applicable legal principles.

12 B. GOOD CAUSE STATEMENT

13 This action is likely to involve personnel records of sworn peace officers,

14 medical records, private information for which special protection from public

15 disclosure and from use for any purpose other than prosecution of this action is

16 warranted. Such confidential and proprietary materials and information consist of,

17 among other things, information otherwise generally unavailable to the public, or

18 which may be privileged or otherwise protected from disclosure under state or federal

19 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow

20 of information, to facilitate the prompt resolution of disputes over confidentiality of

21 discovery materials, to adequately protect information the parties are entitled to keep

22 confidential, to ensure that the parties are permitted reasonable necessary uses of such

23 material in preparation for and in the conduct of trial, to address their handling at the

24 end of the litigation, and serve the ends of justice, a protective order for such

25 information is justified in this matter. It is the intent of the parties that information will

26 not be designated as confidential for tactical reasons and that nothing be so

27 designated without a good faith belief that it has been maintained in a confidential,

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1 non-public manner, and there is good cause why it should not be part of the public

2 record of this case.

4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

5 The parties further acknowledge, as set forth in Section 12.3, below, that this

6 Stipulated Protective Order does not entitle them to file confidential information under

7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

8 standards that will be applied when a party seeks permission from the court to file

9 material under seal.

10 There is a strong presumption that the public has a right of access to judicial

11 proceedings and records in civil cases. In connection with non-dispositive motions,

12 good cause must be shown to support a filing under seal. See Kamakana v. City and

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

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

15 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

16 cause showing), and a specific showing of good cause or compelling reasons with

17 proper evidentiary support and legal justification, must be made with respect to

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

19 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

20 submission of competent evidence by declaration, establishing that the material sought

21 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—

22 constitute good cause.

23 Further, if a party requests sealing related to a dispositive motion or trial, then

24 compelling reasons, not only good cause, for the sealing must be shown, and the relief

25 sought shall be narrowly tailored to serve the specific interest to be protected. See

26 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

27 or type of information, document, or thing sought to be filed or introduced under seal

28 in connection with a dispositive motion or trial, the party seeking protection must

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1 articulate compelling reasons, supported by specific facts and legal justification, for

2 the requested sealing order. Again, competent evidence supporting the application to

3 file documents under seal must be provided by declaration.

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

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

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

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

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

9 include an explanation of why redaction is not feasible.

11 2. DEFINITIONS

12 2.1 Action: Clairece R. Andrus v. City of Los Angeles, et al.; CV22-00144-

13 FWS-PD

14 2.2 Challenging Party: a Party or Non-Party that challenges the designation

15 of information or items under this Order.

16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

19 Statement.

20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

21 support staff).

22 2.5 Designating Party: a Party or Non-Party that designates information or

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

24 “CONFIDENTIAL.”

25 2.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

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

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1 2.7 Expert: a person with specialized knowledge or experience in a matter

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

3 expert witness or as a consultant in this Action.

4 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

6 counsel.

7 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

9 2.10 Outside Counsel of Record: attorneys who are not employees of a party

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

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

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

13 2.11 Party: any party to this Action, including all of its officers, directors,

14 employees, consultants, retained experts, and Outside Counsel of Record (and their

15 support staffs).

16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

17 Discovery Material in this Action.

18 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

21 their employees and subcontractors.

22 2.14 Protected Material: any Disclosure or Discovery Material that is

23 designated as “CONFIDENTIAL.”

24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

25 from a Producing Party.

27 3. SCOPE

28 The protections conferred by this Stipulation and Order cover not only Protected

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

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

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

4 Counsel that might reveal Protected Material.

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

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

8 4. DURATION

9 FINAL DISPOSITION of the action is defined as the conclusion of any appellate

10 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.

11 Except as set forth below, the terms of this protective order apply through FINAL

12 DISPOSITION of the action. The parties may stipulate that they will be contractually

13 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to

14 file a separate action for enforcement of the agreement once all proceedings in this case

15 are complete.