even stipulated 4 protective orders require good cause showing
How later courts described this case
- even stipulated 4 protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 1 of 17 Page ID #:452
1 STEVEN J. ROTHANS-STATE BAR NO. 106579
KATRINA J. VALENCIA-STATE BAR NO. 230931
2 CARPENTER, ROTHANS & DUMONT LLP
500 S. Grand Avenue, 19th Floor
3 Los Angeles, CA 90071
(213) 228-0400 / (213) 228-0401 (Fax)
4 srothans@crdlaw.com; kvalencia@crdlaw.com
5 Attorneys for Defendant,
CITY OF BALDWIN PARK, a Public Entity
6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION
10
11 ANTHONY ROMERO, an Individual. ) Case No. 2:21-cv-07293-FMO-AFM
)
12 Plaintiff. ) STIPULATED PROTECTIVE
) ORDER
13 v. )
)
14 CITY OF BALDWIN PARK, a )
Municipal Entity, OFFICER RYAN )
15 FELTON, SERGEANT JOSEPH )
MEISTER, AND DOES 1 through 10, )
16 Inclusive. )
)
17 Defendants. )
)
18
19
Plaintiff ANTHONY ROMERO ("Plaintiff"), and Defendants CITY OF
20
BALDWIN PARK, a public entity, and Sergeant JOSEPH MEISTER and Officer
21
RYAN FELTON, public employees, ("Defendants") the parties in this action – by
22
and through their respective counsel of record, hereby stipulate and respectfully
23
request that the Court enter a protective order re confidential documents in this
24
matter [pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. Cal.,
25
Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] – as follows:
26
//
27
28 //
-1-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 2 of 17 Page ID #:453
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
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
6
Order does not confer blanket protections on all disclosures or responses to
7
discovery and that the protection it affords from public disclosure and use extends
8
only to the limited information or items that are entitled to confidential treatment
9
under the applicable legal principles. The parties further acknowledge, as set forth
10
in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
11
file confidential information under seal; Civil Local Rule 79-5 sets forth the
12
procedures that must be followed and the standards that will be applied when a party
13
seeks permission from the court to file material under seal.
14
However, the parties stipulate that all medical records and personnel records
15
(“Confidential Materials”) will not be distributed or conveyed, in any fashion,
16
whether by original copy, summary, note, or verbal reference, to any individual that
17
is not a named party to this litigation or counsel of record in this action, and that all
18 such records will be destroyed at the close of litigation. The only exception to this
19 stipulation is for experts retained by the parties. All such experts will be required to
20 sign Exhibit “A” hereto stipulating they will not convey or otherwise distribute, in
21 any fashion, any medical records or personnel information to any other individual
22 and that all such records will be destroyed at the close of litigation.
23
24 B. GOOD CAUSE STATEMENT
25 This action is likely to involve confidential peace officer personnel file
26 documents, plaintiff’s medical records, as well as personal identifying information
of third-party witnesses (i.e. addresses, telephone numbers, etc.), for which special
27
protection from public disclosure and from use for any purpose other than
28
-2-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 3 of 17 Page ID #:454
1 prosecution of this action is warranted. Such confidential and proprietary materials
2 and information consist of, among other things, personnel file information;
3 plaintiffs’ confidential medical and/or psychotherapeutic treatment information; and
4 personal identifying information of any third-party witnesses, otherwise generally
5 unavailable to the public, or which may be privileged or otherwise protected from
disclosure under state or federal statutes, court rules, case decisions, or common law.
6
Accordingly, to expedite the flow of information, to facilitate the prompt resolution
7
of disputes over confidentiality of discovery materials, to adequately protect
8
information the parties are entitled to keep confidential, to ensure that the parties are
9
permitted reasonable necessary uses of such material in preparation for and in the
10
conduct of trial, to address their handling at the end of the litigation, and serve the
11
ends of justice, a protective order for such information is justified in this matter. It
12
is the intent of the parties that information will not be designated as confidential for
13
tactical reasons and that nothing be so designated without a good faith belief that it
14
has been maintained in a confidential, non-public manner, and there is good cause
15
why it should not be part of the public record of this case. By stipulating to the terms
16
herein parties do not waive any objections to the production of records nor does this
17
stipulation require the production of all records absent objection.
18
19 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
20 SEAL
21 The parties further acknowledge, as set forth in Section 12.3, below, that
22 this Stipulated Protective Order does not entitle them to file confidential
23 information under seal; Local Civil Rule 79-5 sets forth the procedures that must
24 be followed and the standards that will be applied when a party seeks permission
25 from the court to file material under seal.
26 There is a strong presumption that the public has a right of access to
27 judicial proceedings and records in civil cases. In connection with non-dispositive
28 motions, good cause must be shown to support a filing under seal. See Kamakana
-3-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 4 of 17 Page ID #:455
1 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.
2 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.
3 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
4 protective orders require good cause showing), and a specific showing of good
5 cause or compelling reasons with proper evidentiary support and legal
6 justification, must be made with respect to Protected Material that a party seeks to
7 file under seal. The parties’ mere designation of Disclosure or Discovery
8 Material as CONFIDENTIAL does not— without the submission of competent
9 evidence by declaration, establishing that the material sought to be filed under
10 seal qualifies as confidential, privileged, or otherwise protectable—constitute
11 good cause.
12 Further, if a party requests sealing related to a dispositive motion or trial, then
13 compelling reasons, not only good cause, for the sealing must be shown, and the relief
14 sought shall be narrowly tailored to serve the specific interest to be protected. See
15 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each
item or type of information, document, or thing sought to be filed or introduced under
16
seal in connection with a dispositive motion or trial, the party seeking protection must
17
articulate compelling reasons, supported by specific facts and legal justification, for
18
the requested sealing order. Again, competent evidence supporting the application to
19
file documents under seal must be provided by declaration.
20
Any document that is not confidential, privileged, or otherwise protectable in
21
its entirety will not be filed under seal if the confidential portions can be redacted. If
22
documents can be redacted, then a redacted version for public viewing, omitting only
23
the confidential, privileged, or otherwise protectable portions of the document, shall
24
be filed. Any application that seeks to file documents under seal in their entirety
25
should include an explanation of why redaction is not feasible.
26
2. DEFINITIONS
27
2.1 Action: This pending federal lawsuit in Anthony Romero, et al. v. City
28 of Baldwin Park, et al., case no. 2:21-cv-07293-FMO-AFM.
-4-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 5 of 17 Page ID #:456
1 2.2 Challenging Party: a Party or Non-Party that challenge the designation
2 of information or items under this Order.
3 2.3 “CONFIDENTIAL” Information or Items: Information or Items:
4 information (regardless of how it is generated, stored or maintained) or tangible
5 things that qualify for protection under Federal Rule of Civil Procedure 26(c),
California Government Code section 6254, California Evidence Code sections 1043
6
through 1045 and California Penal Code section 832.5, et seq., and as specified
7
above in the Purposes and Limitations and Good Cause Statement.
8
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
9
their support staff).
10
2.5 Designating Party: a Party or Non-Party that designates information or
11
items that it produces in disclosures or in responses to discovery as
12
“CONFIDENTIAL.”
13
2.6 Disclosure or Discovery Material: all items or information, regardless of
14
the medium or manner in which it is generated, stored, or maintained (including,
15
among other things, testimony, transcripts, and tangible things), that are produced or
16
generated in disclosures or responses to discovery in this matter.
17
2.7 Expert: a person with specialized knowledge or experience in a matter
18 pertinent to the litigation who has been retained by a Party or its counsel to serve as
19 an expert witness or as a consultant in this Action.
20 2.8 House Counsel: attorneys who are employees of a party to this Action.
21 House Counsel does not include Outside Counsel of Record or any other outside
22 counsel.
23 2.9 Non-Party: any natural person, partnership, corporation, association or
24 other legal entity not named as a Party to this action.
25 2.10 Outside Counsel of Record: attorneys who are not employees of a party
26 to this Action but are retained to represent or advise a party to this Action and have
appeared in this Action on behalf of that party or are affiliated with a law firm that
27
has appeared on behalf of that party, and includes support staff.
28
-5-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 6 of 17 Page ID #:457
1 2.11 Party: any party to this Action, including all of its officers, directors,
2 employees, consultants, retained experts, and Outside Counsel of Record (and their
3 support staffs).
4 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
5 Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation
6
support services (e.g., court reporting, photocopying, videotaping, translating,
7
preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any
8
form or medium) and their employees and subcontractors.
9
2.14 Protected Material: any Disclosure or Discovery Material that is
10
designated as “CONFIDENTIAL” and all Confidential Material under 2:16
11
2.15 Receiving Party: a Party that receives Disclosure or Discovery
12
Material from a Producing Party.
13
2.16 Confidential Material: all medical records and personnel files of any
14
party under California Government Code section 6254, California Evidence Code
15
sections 1043 through 1045 and California Penal Code section 832.5, et seq
16
3. SCOPE
17
The protections conferred by this Stipulation and Order cover not only
18 Protected Material (as defined above), but also (1) any information copied or extracted
19 from Protected Material; (2) all copies, excerpts, summaries, or
20 compilations of Protected Material; and (3) any testimony, conversations, or
21 presentations, or verbal communications by Parties or their Counsel that might reveal
22 Protected Material by Parties or their Counsel that might reveal Protected Material.
23 Any use of Protected Material at trial shall be governed by the orders of the
24 trial judge. This Order does not govern the use of Protected Material at trial.
25 4. DURATION
26 A. Disposition Prior to Trial
Should this matter resolve prior to trial, the confidentiality obligations
27
imposed by this Order shall remain in effect until a Designating Party agrees
28
-6-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 7 of 17 Page ID #:458
1 otherwise in writing or a court order otherwise directs. Final disposition shall be
2 deemed the dismissal of all claims and defenses in this Action, with or without
3 prejudice, and the entry of a judgment herein. Upon final disposition all
4 Confidential Material shall be destroyed.
5 B. Trial
6 Once a case proceeds to trial, all of the court-filed information that is to be
7 introduced that was previously designated as confidential or maintained pursuant to
8 this protective Order, not including Confidential Materials, becomes public and will
9 be presumptively available to all members of the public, including the press, unless
10 compelling reasons supported by specific factual findings to proceed otherwise are
11 made to the trial judge in advance of the trial. See, Hagestad v. Tragesser, 49 F.3d
12 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc. v. U.S. District Court –
13 Northern District, 187 F.3d 1096, 1102 (9th Cir. 1999); Kamakana v. City of and
14 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)[distinguishing “good
15 cause” showing for sealing documents produced in discovery from “compelling
16 reasons” standard when merits-related documents are part of court record].
17 Accordingly, the terms of this protective order do not extend beyond the
18 commencement of the trial as to those documents introduced at trial only.
19 Documents not introduced at trial or documents entered under seal shall remain
20 confidential until a Designating Party agrees otherwise in writing or a court order
21 otherwise directs.
5. DESIGNATING PROTECTED MATERIAL
22
5.1 Exercise of Restraint and Care in Designating Material for Protection.
23
Each Party or Non-Party that designates information or items for protection under this
24
Order must take care to limit any such designation to specific material that qualifies
25
under the appropriate standards. The Designating Party must designate for protection
26
only those parts of material, documents, items or oral or written communications that
27
qualify so that other portions of the material, documents, items or communications
28
-7-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 8 of 17 Page ID #:459
1 for which protection is not warranted are not swept unjustifiably within the ambit of
2 this Order.
3 Mass, indiscriminate or routinized designations are prohibited. Designations
4 that are shown to be clearly unjustified or that have been made for an improper
5 purpose (e.g., to unnecessarily encumber the case development process or to impose
unnecessary expenses and burdens on other parties) may expose the Designating Party
6
to sanctions.
7
If it comes to a Designating Party’s attention that information or items that it
8
designated for protection do not qualify for protection, that Designating Party must
9
promptly notify all other Parties that it is withdrawing the inapplicable designation.
10
5.2 Manner and Timing of Designations. Except as otherwise provided in
11
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
12
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
13
under this Order must be clearly so designated before the material is disclosed or
14
produced.
15
Designation in conformity with this Order requires:
16
(a) for information in documentary form (e.g., paper or electronic
17
documents, but excluding transcripts of depositions or other pretrial or trial
18 proceedings), that the Producing Party affix at a minimum
19 the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each
20 page that contains protected material. If only a portion of the material on a page
21 qualifies for protection, the Producing Party also must clearly identify the protected
22 portion(s) (e.g., by making appropriate markings in the margins). All Confidential
23 Materials shall be deemed confidential regardless of designation.
24 A Party or Non-Party that makes original documents available for inspection
25 need not designate them for protection until after the inspecting Party has indicated
26 which documents it would like copied and produced. During the inspection and
before the designation, all of the material made available for inspection shall be
27
deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
28
-8-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 9 of 17 Page ID #:460
1 it wants copied and produced, the Producing Party must determine which documents,
2 or portions thereof, qualify for protection under this Order. Then, before producing
3 the specified documents, the Producing Party must affix the “CONFIDENTIAL
4 legend” to each page that contains Protected Material. If only a portion of the material
5 on a page qualifies for protection, the Producing Party also must clearly identify the
protected portion(s) (e.g., by making appropriate markings in the margins).
6
(b) for testimony given in depositions that the Designating Party identifies
7
the Disclosure or Discovery Material on the record, before the close of the deposition
8
all protected testimony.
9
(c) for information produced in some form other than documentary and for
10
any other tangible items, that the Producing Party affix in a prominent place on the
11
exterior of the container or containers in which the information is stored the legend
12
“CONFIDENTIAL.” If only a portion or portions of the information warrants
13
protection, the Producing Party, to the extent practicable, shall identify the protected
14
portion(s).
15
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
16
failure to designate qualified information or items does not, standing alone, waive the
17
Designating Party’s right to secure protection under this Order for such material.
18 Upon timely correction of a designation, the Receiving Party must make reasonable
19 efforts to assure that the material is treated in accordance with the provisions of this
20 Order.
21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
23 designation of confidentiality at any time that is consistent with the Court’s
24 Scheduling Order other than Confidential Materials.
25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
26 resolution process under Local Rule 37-1 et seq.
6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
27
joint stipulation pursuant to Local Rule 37-2.
28
-9-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 10 of 17 Page ID #:461
1 6.4 The burden of persuasion in any such challenge proceeding shall be on
2 the Designating Party. Frivolous challenges, and those made for an improper
3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
4 may expose the Challenging Party to sanctions. Unless the Designating Party has
5 waived or withdrawn the confidentiality designation, all parties shall continue to
afford the material in question the level of protection to which it is entitled under the
6
Producing Party’s designation until the Court rules on the challenge.
7
7. ACCESS TO AND USE OF PROTECTED MATERIAL
8
7.1 Basic Principles. A Receiving Party may use Protected Material that is
9
disclosed or produced by another Party or by a Non-Party in connection with this
10
Action only for prosecuting, defending or attempting to settle this Action. Such
11
Protected Material may be disclosed only to the categories of persons and under the
12
conditions described in this Order which include named Parties, Counsel of Record
13
that have appeared in this Action on behalf of a Party, House Counsel, and experts
14
that have signed Exhibit “A”. When the Action has been terminated, a Receiving
15
Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
16
Protected Material must be stored and maintained by a Receiving Party at a
17
location and in a secure manner that ensures that access is limited to the persons
18 authorized under this Order.
19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
20 otherwise ordered by the court or permitted in writing by the Designating Party, a
21 Receiving Party may disclose any information or item designated
22 “CONFIDENTIAL” only to:
23 (a) the Receiving Party’s Counsel of Record in this Action, as well as
24 employees of said Counsel of Record to whom it is reasonably necessary to disclose
25 the information for this Action and House Counsel;
26 (b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
27
(c) Experts (as defined in this Order) of the Receiving Party to whom
28
-10-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 11 of 17 Page ID #:462
1 disclosure is reasonably necessary for this Action and who have signed the
2 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
3 (d) the court and its personnel;
4 (e) court reporters and their staff;
5 (f) professional jury or trial consultants, mock jurors, and Professional
Vendors to whom disclosure is reasonably necessary for this Action and who have
6
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7
(g) the author or recipient of a document containing the information or a
8
custodian or other person who otherwise possessed or knew the information;
9
(h) during their depositions, witnesses, and attorneys for witnesses, in the
10
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
11
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
12
not be permitted to keep any confidential information unless they sign the
13
“Acknowledgment and Agreement to Be Bound” (Exhibit A) and it is agreed by the
14
Designating Party or ordered by the court. Pages of transcribed deposition
15
testimony or exhibits to depositions that reveal Protected Material may be separately
16
bound by the court reporter and may not be disclosed to anyone except as permitted
17
under this Stipulated Protective Order; and
18 (i) any mediator or settlement officer, and their supporting personnel,
19 mutually agreed upon by any of the parties engaged in settlement discussions.
20 Notwithstanding the aforementioned specified categories of persons and
21 circumstances, all documents designated CONFIDENTIAL and their contents,
22 including and especially, but not limited to, Confidential Material, documents and
23 depositions under seal containing the identities of witnesses, employees/personnel
24 and consultants shall expressly be deemed “Attorneys' Eyes Only,” meaning its
25 disclosure shall be limited only to counsel for the parties in addition to the
26 aforementioned specified categories of persons and circumstances.
//
27
//
28
-11-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 12 of 17 Page ID #:463
1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
2 IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification
6
shall include a copy of the subpoena or court order;
7
(b) promptly notify in writing the party who caused the subpoena or order
8
to issue in the other litigation that some or all of the material covered by the subpoena
9
or order is subject to this Protective Order. Such notification shall include a copy of
10
this Stipulated Protective Order; and
11
(c) cooperate with respect to all reasonable procedures sought to be pursued
12
by the Designating Party whose Protected Material may be affected.
13
If the Designating Party timely seeks a protective order, the Party served with
14
the subpoena or court order shall not produce any information designated in this action
15
as “CONFIDENTIAL” before a determination by the court from which the subpoena
16
or order issued, unless the Party has obtained the Designating Party’s permission. The
17
Designating Party shall bear the burden and expense of seeking protection in that court
18 of its confidential material and nothing in these provisions should be construed as
19 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
20 directive from another court.
21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
22 BE PRODUCED IN THIS LITIGATION
23 (a) The terms of this Order are applicable to information produced by a Non-
24 Party in this Action and designated as “CONFIDENTIAL.” Such information
25 produced by Non-Parties in connection with this litigation is protected by the remedies
26 and relief provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking additional protections.
27
(b) In the event that a Party is required, by a valid discovery request, to produce
28
-12-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 13 of 17 Page ID #:464
1 a Non-Party’s confidential information in its possession, and the Party is subject to an
2 agreement with the Non-Party not to produce the Non-Party’s confidential
3 information, then the Party shall:
4 (1) promptly notify in writing the Requesting Party and the Non-Party
5 that some or all of the information requested is subject to a confidentiality agreement
with a Non-Party;
6
(2) promptly provide the Non-Party with a copy of the Stipulated
7
Protective Order in this Action, the relevant discovery request(s), and a reasonably
8
specific description of the information requested; and
9
(3) make the information requested available for inspection by the
10
Non-Party, if requested.
11
(c) If the Non-Party fails to seek a protective order from this court within 14
12
days of receiving the notice and accompanying information, the Receiving Party may
13
produce the Non-Party’s confidential information responsive to the discovery request.
14
If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
15
any information in its possession or control that is subject to the confidentiality
16
agreement with the Non-Party before a determination by the court. Absent a court
17
order to the contrary, the Non-Party shall bear the burden and expense of seeking
18 protection in this court of its Protected Material.
19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
21 Protected Material to any person or in any circumstance not authorized under this
22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
25 persons to whom unauthorized disclosures were made of all the terms of this Order,
26 and (d) request such person or persons to execute the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A.
27
//
28
-13-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 14 of 17 Page ID #:465
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
Procedure 26(b)(5)(B). This provision is not intended to modify whatever
6
procedure may be established in an e-discovery order that provides for production
7
without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),
8
insofar as the parties reach an agreement on the effect of disclosure of a
9
communication or information covered by the attorney-client privilege or work
10
product protection, the parties may incorporate their agreement in the stipulated
11
protective order submitted to the court.
12
12. MISCELLANEOUS
13
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
14
person to seek its modification by the Court in the future.
15
12.2 Right to Assert Other Objections. By stipulating to the entry of this
16
Protective Order, no Party waives any right it otherwise would have to object to
17
disclosing or producing any information or item on any ground not addressed in this
18 Stipulated Protective Order. Similarly, no Party waives any right to object on any
19 ground to use in evidence of any of the material covered by this Protective Order.
20 12.3 Filing Protected Material. A Party that seeks to file under seal any
21 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
22 only be filed under seal pursuant to a court order authorizing the sealing of the specific
23 Protected Material at issue. If a Party’s request to file Protected Material under seal
24 is denied by the court, then the Receiving Party may file the information in the public
25 record unless otherwise instructed by the court.
26 13. FINAL DISPOSITION
Within 60 days of the final disposition of this Action, as defined in paragraph
27
4, each Receiving Party must return all Protected Material to the Producing Party or
28
-14-
STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 15 of 17 Page ID #:466
1 destroy such material. As used in this subdivision, “all Protected Material” includes
2 all copies, abstracts, compilations, summaries, and any other format reproducing or
3 capturing any of the Protected Material. Whether the Protected Material is returned or
4 destroyed, the Receiving Party must submit a written certification to the Producing
5 Party (and, if not the same person or entity, to the Designating Party) by the 60 day
deadline that (1) identifies (by category, where appropriate) all the Protected Material
6
that was returned or destroyed and (2) affirms that the Receiving Party has not retained
7
any copies, abstracts, compilations, summaries or any other format reproducing or
8
capturing any of the Protected Material. Notwithstanding this provision, Counsel are
9
entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
10
and hearing transcripts, legal memoranda, correspondence, deposition and trial
11
exhibits, expert reports, attorney work product, and consultant and expert work
12
product, even if such materials contain Protected Material. Any such archival copies
13
that contain or constitute Protected Material remain subject to this Protective Order as
14
set forth in Section 4 (DURATION).
15
14. VIOLATION
16
Any violation of this Order may be punished by appropriate measures
17
including, without limitation, contempt proceedings and/or monetary sanctions.
18
19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
20
21 DATED: June 23, 2022 CARPENTER, ROTHANS & DUMONT LLP
22
23
By: /s/ Katrina J. Valencia
24 STEVEN J. ROTHANS
KATRINA J. VALENCIA
25
Attorneys for Defendant
26 CITY OF BALDWIN PARK, a Public Entity
27
28
-15-
STIPULATED PROTECTIVE ORDER
Case 2:2(1-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 16o0f17 Page ID #:467
1 ||} DATED: June 23, 2022 HAIGHT BROWN & BONESTEEL
By: /s/ /s/
3 KEVIN OSTERBERG
4 Attorneys for Defendant
SERGEANT JOSEPH MEISTER, a public
5 employee
6 ||DATED: June 23, 2022 JONES & MAYER
By: 4/ /s/
8 JAMES R. TOUCHSTONE
9 MELISSA M. BALLARD
Attorneys for Defendant
10 OFFICER RYAN FELTON, a public
11 employee
12
Date: June 23, 2022 THE OUCHI LAW FIRM, A.P.C.
13
14 By: // /s/
15 WESLEY G. OUCHI
Counsel for Plaintiff,
16 ANTHONY ROMERO
M7 ATTESTATION CLAUSE
18
19 Pursuant to Local Rule 5-4.3.4(a)(2)(i), the ECF filer set forth below, Katrina J.
Valencia, attests that all other signatories listed, and on whose behalf the filing is
20 || submitted, concur in the filing’s content and have authorized the filing.
21
Dated: June 23, 2022 By: [sf Katrina J. Valencia,
22 Katrina J. Valencia
23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24 DATED: 6/23/2022
25
| Be Mack —
27 | HON. ALEXANDER F. MacKINNON
28 || United States Magistrate Judge
-16-
TIPULATED PROTECTIVE ORDER
Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 17 of 17 Page ID #:468
EXHIBIT A
1
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3
I, [print or type full name], of
4
[print or type full address], declare under penalty of
5
perjury that I have read in its entirety and understand the Stipulated Protective Order
6
that was issued by the United States District Court for the Central District of
7
California on [date] in the case of Anthony Romero, et al. v. City of Baldwin Park, et
8 al., case no. 2:21-cv-07293-FMO-AFM]. I agree to comply with and to be bound by
9 all the terms of this Stipulated Protective Order and I understand and acknowledge
10 that failure to so comply could expose me to sanctions and punishment in the nature
11 of contempt. I solemnly promise that I will not disclose in any manner any
12 information or item that is subject to this Stipulated Protective Order to any person
13 or entity except in strict compliance with the provisions of this Order. I further agree
14 to submit to the jurisdiction of the United States District Court for the Central District
15 of California for enforcing the terms of this Stipulated Protective Order, even if such
16 enforcement proceedings occur after termination of this action.
I hereby appoint [print or type full name] of
17
[print or type full address
18
and telephone number] as my California agent for service of process in connection
19
with this action or any proceedings related to enforcement of this Stipulated
20
Protective Order.
21
Date: _______________________________________
22
City and State where sworn and signed: _______________________________
23
24
Printed name:
25
26
Signature:
27
28
-17-
STIPULATED PROTECTIVE ORDER