peace officers have constitutionally-based 23 “privacy rights [that] are not inconsequential” in their police personnel records
How later courts described this case
- peace officers have constitutionally-based 23 “privacy rights [that] are not inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
Case §:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Pagelof17 Page ID #:120
1 || Eugene P. Ramirez (State Bar No. 134865)
epr@manningiip.com
2 || Craig Smith (State Bar No. 265676)
gcs@manningllp.com
3 || Deann Rivard (State Bar No. 177482)
avi @manninglp.com
4||MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
5||801 S. Figueroa St, 15" Floor
Los Angeles, California 90017-3012
6 || Telephone: GB) 624-6900
Facsimile: (213) 624-6999
Attorneys for Defendant, COUNTY OF
8 RIVERSIDE
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
□ 11
= 12 || ABELINA PEREZ, individually and as_| Case No. 5:22-CV-00515-JGB-KKx
2 iB successor in interest to Luis Angel
MH 13 || Munoz Perez, deceased, and FABIOLA
ni PEREZ, individually [DISCOVERY MATTER]
Ze, 14 STIPULATED PROTECTIVE
se 15 Plaintiff, ORDER
Z| 16 v.
- 17 || COUNTY OF RIVERSIDE, DEPUTY
DOE #1, DOES 2-5,
18
Defendant.
19 Complaint Filed: 03/23/2022
20
21 1. A. PURPOSES AND LIMITATIONS
22 Discovery in this action is likely to involve production of confidential,
23 || proprietary, or private information for which special protection from public
24 || disclosure and from use for any purpose other than prosecuting this litigation may
25 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
26 || enter the following Stipulated Protective Order. The parties acknowledge that this
27 || Order does not confer blanket protections on all disclosures or responses to
28 || discovery and that the protection it affords from public disclosure and use extends
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1 only to the limited information or items that are entitled to confidential treatment
2 under the applicable legal principles. The parties further acknowledge, as set forth in
3 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
4 file confidential information under seal; Civil Local Rule 79-5 sets forth the
5 procedures that must be followed and the standards that will be applied when a party
6 seeks permission from the court to file material under seal.
7 B. GOOD CAUSE STATEMENT.
8 1.1. Contentions re Harm from Disclosure of Confidential Materials.
9 Defendants contend that there is good cause and a particularized need
10 for a protective order to preserve the interests of confidentiality and privacy in peace
11 officer personnel file records and associated investigative or confidential records for
12 the following reasons.
13 First, Defendants contend that peace officers have a federal privilege of
14 privacy in their personnel file records: a reasonable expectation of privacy therein
15 that is underscored, specified, and arguably heightened by the Pitchess protective
16 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027,
17 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS
18 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies
19 to privilege based discovery disputes involving federal claims,” the “state privilege
20 law which is consistent with its federal equivalent significantly assists in applying
21 [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D.
22 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based
23 “privacy rights [that] are not inconsequential” in their police personnel records); cf.
24 Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants
25 further contend that uncontrolled disclosure of such personnel file information can
26 threaten the safety of non-party witnesses, officers, and their
27 families/associates.
28 ///
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1 Second, Defendants contend that municipalities and law enforcement
2 agencies have federal deliberative-executive process privilege, federal official
3 information privilege, federal law enforcement privilege, and federal attorney-client
4 privilege (and/or attorney work product protection) interests in the personnel files of
5 their peace officers – particularly as to those portions of peace officer personnel files
6 that contain critical self-analysis, internal deliberation/decision-making or
7 evaluation/analysis, or communications for the purposes of obtaining or rendering
8 legal advice or analysis – potentially including but not limited to
9 evaluative/analytical portions of Internal Affairs type records or reports,
10 evaluative/analytical portions of supervisory records or reports, and/or reports
11 prepared at the direction of counsel, or for the purpose of obtaining or rendering
12 legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v.
13 United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162
14 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D.
15 Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v.
16 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United
17 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further
18 contend that such personnel file records are restricted from disclosure by the public
19 entity’s custodian of records pursuant to applicable California law and that
20 uncontrolled release is likely to result in needless intrusion of officer privacy;
21 impairment in the collection of third-party witness information and statements and
22 related legitimate law enforcement investigations/interests; and a chilling of open
23 and honest discussion regarding and/or investigation into alleged misconduct that
24 can erode a public entity’s ability to identify and/or implement any remedial
25 measures that may be required.
26 Third, Defendants contend that, since peace officers do not have the
27 same rights as other private citizens to avoid giving compelled statements, it is
28 contrary to the fundamental principles of fairness to permit uncontrolled release of
3 Case No. 5:22-CV-00515-JGB-KK
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1 officers’ compelled statements. See generally Lybarger v. City of Los Angeles, 40
2 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V.
3 Accordingly, Defendants contend that, without a protective order
4 preventing such, production of confidential records in the case can and will likely
5 substantially impair and harm defendant public entity’s interests in candid self-
6 critical analysis, frank internal deliberations, obtaining candid information from
7 witnesses, preserving the safety of witnesses, preserving the safety of peace officers
8 and peace officers’ families and associates, protecting the privacy officers of peace
9 officers, and preventing pending investigations from being detrimentally
10 undermined by publication of private, sensitive, or confidential information – as can
11 and often does result in litigation.
12 1.2. Plaintiffs do not agree with and do not stipulate to Defendants'
13 contentions herein above, and nothing in this Stipulation or its associated Order
14 shall resolve the parties’ disagreement, or bind them, concerning the legal
15 statements and claimed privileges set forth above.
16 However, plaintiffs agree that there is Good Cause for a Protective
17 Order so as to preserve the respective interests of the parties without the need to
18 further burden the Court with such issues. Specifically, the parties jointly contend
19 that, absent this Stipulation and its associated Protective Order, the parties'
20 respective privilege interests may be impaired or harmed, and that this Stipulation
21 and its associated Protective Order may avoid such harm by permitting the parties to
22 facilitate discovery with reduced risk that privileged and/or sensitive/confidential
23 information will become matters of public record.
24 1.3. The parties jointly contend that there is typically a particularized
25 need for protection as to any medical or psychotherapeutic records and autopsy
26 photographs, because of the privacy interests at stake therein. Because of these
27 sensitive interests, a Court Order should address these documents rather than a
28 private agreement between the parties.
4 Case No. 5:22-CV-00515-JGB-KK
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1 1.4. The parties therefore stipulate that there is Good Cause for, and
2 hereby jointly request that the honorable Court issue/enter, a Protective Order re
3 confidential documents consistent with the terms and provisions of this Stipulation.
4 However, the entry of a Protective Order by the Court pursuant to this Stipulation
5 shall not be construed as any ruling by the Court on the aforementioned legal
6 statements or privilege claims in this section (§ 1), nor shall this section be
7 construed as part of any such Court Order.
8
9 2. DEFINITIONS
10 2.1 Action: [this pending federal law suit].
11 2.2 Party: any party to this action, including all of its officers,
12 directors, employees, agents, consultants, retained experts, house counsel and
13 outside counsel (and/or the support staff thereof).
14
2.3 Challenging Party: a Party or Non-Party that challenges the
15
designation of information or items under this Order.
16
17 2.4 “CONFIDENTIAL” Information or Items: information (regardless of how
18 it is generated, stored or maintained) or tangible things that qualify for protection
19 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
20 Cause Statement.
21 2.5 House Counsel: attorneys who are employees of a Party (as well as their
22 support staff).
23 2.6 Outside Counsel: outside Counsel of Record and House Counsel (as well
24 as their support staff).
25 2.7 Counsel (without qualifier): Outside Counsel and House Counsel (as
26 well as their support staff).
27 2.8 Designating Party: a Party or Non-Party that designates information or
28 items that it produces in disclosures or in responses to discovery as
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1 “CONFIDENTIAL.”
2 2.9 Producing Party: a Party or non-party that produces Disclosure or
3 Discovery Material in this action, including a Party that is defending a deposition
4 noticed or subpoenaed by another Party; additionally, for the limited purpose of
5 designating testimony subject to this Stipulation and Order pursuant to section 6.2(b)
6 (infra), a “Producing Party” shall also be construed to include a Party that is attending
7 and/or participating in a non-party deposition noticed/subpoenaed by another Party.
8 2.10 Disclosure or Discovery Material: all items or information, regardless
9 of the medium or manner in which it is generated, stored, or maintained (including,
10 among other things, testimony, transcripts, and tangible things), that are produced or
11 generated in disclosures or responses to discovery in this matter.
12 2.11 Expert: a person with specialized knowledge or experience in a matter
13 pertinent to the litigation who has been retained by a Party or its counsel to serve as
14 an expert witness or as a consultant in this Action, and who is not a past or a current
15 employee of a Party and who, at the time of retention, is not anticipated to become an
16 employee of a Party or a competitor of a Party’s; as well as any person retained,
17 designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil
18 Procedure 26(a)(2) or other applicable discovery Rules or statutes.
19 2.12. Professional Vendors: persons or entities that provide litigation support
20 services (e.g., photocopying; videotaping; translating; preparing exhibits or
21 demonstrations; and/or organizing, storing, retrieving data in any form or medium;
22 etc.); and their employees and subcontractors.
23 2.14 Protected Material: any Disclosure or Discovery Material that is
24 designated as “CONFIDENTIAL.”
25 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
26 from a Producing Party.
27 ///
28 ///
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1 3. SCOPE
2
The protections conferred by this Stipulation and Order cover not only
3
Protected Material (as defined above), but also (1) any information copied or extracted
4
from Protected Material; (2) all copies, excerpts, summaries, or compilations of
5
Protected Material; and (3) any testimony, conversations, or presentations by Parties
6
or their Counsel that might reveal Protected Material.
7
Any use of Protected Material at trial shall be governed by the orders of the
8
trial judge. This Order does not govern the use of Protected Material at trial.
9
4. DURATION
10
Even after final disposition of this litigation, the confidentiality obligations
11
imposed by this Order shall remain in effect until a Designating Party agrees
12
otherwise in writing or a court order otherwise directs. Final disposition shall be
13
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
14
or without prejudice; and (2) final judgment herein after the completion and
15
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
16
including the time limits for filing any motions or applications for extension of time
17
pursuant to applicable law.
18
5. DESIGNATING PROTECTED MATERIAL
19
5.1 Exercise of Restraint and Care in Designating Material for Protection.
20
Each Party or Non-Party that designates information or items for protection under this
21
Order must take care to limit any such designation to specific material that qualifies
22
under the appropriate standards. The Designating Party must designate for protection
23
only those parts of material, documents, items, or oral or written communications that
24
qualify so that other portions of the material, documents, items, or communications
25
for which protection is not warranted are not swept unjustifiably within the ambit of
26
this Order.
27
Mass, indiscriminate, or routinized designations are prohibited. Designations
28
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1 that are shown to be clearly unjustified or that have been made for an improper
2 purpose (e.g., to unnecessarily encumber the case development process or to impose
3 unnecessary expenses and burdens on other parties) may expose the Designating Party
4 to sanctions.
5 If it comes to a Designating Party’s attention that information or items that it
6 designated for protection do not qualify for protection, that Designating Party must
7 promptly notify all other Parties that it is withdrawing the inapplicable designation.
8 5.2 Manner and Timing of Designations. Except as otherwise provided in
9 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
10 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
11 under this Order must be clearly so designated before the material is disclosed or
12 produced.
13
Designation in conformity with this Order requires:
14
15 (a) for information in documentary form (e.g., paper or electronic
16 documents, but excluding transcripts of depositions or other pretrial or trial
17 proceedings), that the Producing Party affix at a minimum, the legend
18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
19 contains protected material. If only a portion or portions of the material on a page
20 qualifies for protection, the Producing Party also must clearly identify the protected
21 portion(s) (e.g., by making appropriate markings in the margins).
22 A Party or Non-Party that makes original documents available for
23 inspection need not designate them for protection until after the inspecting Party has
24 indicated which documents it would like copied and produced. During the inspection
25 and before the designation, all of the material made available for inspection shall be
26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
27 it wants copied and produced, the Producing Party must determine which documents,
28 or portions thereof, qualify for protection under this Order. Then, before producing
8 Case No. 5:22-CV-00515-JGB-KK
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1 the specified documents, the Producing Party must affix the “CONFIDENTIAL
2 legend” to each page that contains Protected Material. If only a portion or portions of
3 the material on a page qualifies for protection, the Producing Party also must clearly
4 identify the protected portion(s) (e.g., by making appropriate markings in the
5 margins).
6 (b) for testimony given in depositions that the Designating Party identify
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
22
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
23
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
24
designation of confidentiality at any time that is consistent with the Court’s
25
Scheduling Order.
26
27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
28 resolution process under Local Rule 37.1 et seq.
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1 6.3 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
4 parties) may expose the Challenging Party to sanctions. Unless the Designating
5 Party has waived or withdrawn the confidentiality designation, all parties shall
6 continue to afford the material in question the level of protection to which it is
7 entitled under the Producing Party’s designation until the Court rules on the
8 challenge.
9 7. ACCESS TO AND USE OF PROTECTED MATERIAL
10 7.1 Basic Principles. A Receiving Party may use Protected Material that is
11 disclosed or produced by another Party or by a Non-Party in connection with this
12 Action only for prosecuting, defending, or attempting to settle this Action. Such
13 Protected Material may be disclosed only to the categories of persons and under the
14 conditions described in this Order. 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 Outside Counsel of Record in this Action, as
24 well as employees of said Outside Counsel of Record to whom it is reasonably
25 necessary to disclose the information for this Action;
26 ///
27 ///
28 ///
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1 (b) the officers, directors, and employees (Including House Counsel) of the
2 Receiving Party to whom disclosure is reasonably necessary for this Action;
3 (c) Experts (as defined in this Order) of the Receiving Party to whom
4 disclosure is reasonably necessary for this Action and who have signed the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6
(d) the court and its personnel;
7
(e) court reporters and their staff;
8
9 (f) professional jury or trial consultants, mock jurors, and Professional
10 Vendors to whom disclosure is reasonably necessary for this Action and who have
11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 (g) the author or recipient of a document containing the information or a
13 custodian or other person who otherwise possessed or knew the information;
14 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
15 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
16 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
17 not be permitted to keep any confidential information unless they sign the
18 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
19 agreed by the Designating Party or ordered by the court. Pages of transcribed
20 deposition testimony or exhibits to depositions that reveal Protected Material may be
21 separately bound by the court reporter and may not be disclosed to anyone except as
22 permitted under this Stipulated Protective Order; and
23 (i) any mediator or settlement officer, and their supporting personnel,
24 mutually agreed upon by any of the parties engaged in settlement discussions.
25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
26 OTHER LITIGATION
27 If a Party is served with a subpoena or a court order issued in other litigation
28 that compels disclosure of any information or items designated in this Action as
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1 "CONFIDENTIAL," that Party must:
2 (a) promptly notify in writing the Designating Party. Such notification
3 shall include a copy of the subpoena or court order;
4 (b) promptly notify in writing the party who caused the subpoena or order
5 to issue in the other litigation that some or all of the material covered by the subpoena
6 or order is subject to this Protective Order. Such notification shall include a copy of
7 this Stipulated Protective Order; and
8 (c) cooperate with respect to all reasonable procedures sought to be
9 pursued by the Designating Party whose Protected Material may be affected.
10 If the Designating Party timely seeks a protective order, the Party served with
11 the subpoena or court order shall not produce any information designated in this action
12 as “CONFIDENTIAL” before a determination by the court from which the subpoena
13 or order issued, unless the Party has obtained the Designating Party’s permission. The
14 Designating Party shall bear the burden and expense of seeking protection in that court
15 of its confidential material and nothing in these provisions should be construed as
16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
17 directive from another court.
18
19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
20 IN THIS LITIGATION
21 (a) The terms of this Order are applicable to information produced by a
22 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
23 produced by Non-Parties in connection with this litigation is protected by the
24 remedies and relief provided by this Order. Nothing in these provisions should be
25 construed as prohibiting a Non-Party from seeking additional protections.
26 (b) In the event that a Party is required, by a valid discovery request, to
27 produce a Non-Party’s confidential information in its possession, and the Party is
28
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1 subject to an agreement with the Non-Party not to produce the Non-Party’s
2 confidential information, then the Party shall:
3 (1) promptly notify in writing the Requesting Party and the Non-Party
4 that some or all of the information requested is subject to a confidentiality agreement
5 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
12 14 days of receiving the notice and accompanying information, the Receiving Party
13 may produce the Non-Party’s confidential information responsive to the discovery
14 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
15 not produce any information in its possession or control that is subject to the
16 confidentiality agreement with the Non-Party before a determination by the court.
17 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
18 of seeking protection in this court of its Protected Material.
19
20
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
21
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23 Protected Material to any person or in any circumstance not authorized under this
24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
27 persons to whom unauthorized disclosures were made of all the terms of this Order,
28
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1 and (d) request such person or persons to execute the “Acknowledgment and
2 Agreement to Be Bound” that is attached hereto as Exhibit A.
3
4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 PROTECTED MATERIAL
6 When a Producing Party gives notice to Receiving Parties that certain
7 inadvertently produced material is subject to a claim of privilege or other protection,
8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10 may be established in an e-discovery order that provides for production without prior
11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
12 parties reach an agreement on the effect of disclosure of a communication or
13 information covered by the attorney-client privilege or work product protection, the
14 parties may incorporate their agreement in the stipulated protective order submitted
15 to the court.
16
17 12. MISCELLANEOUS
18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
19 person to seek its modification by the Court in the future.
20 12.2 Right to Assert Other Objections. By stipulating to the entry of this
21 Protective Order no Party waives any right it otherwise would have to object to
22 disclosing or producing any information or item on any ground not addressed in this
23 Stipulated Protective Order. Similarly, no Party waives any right to object on any
24 ground to use in evidence of any of the material covered by this Protective Order.
25 12.3 Filing Protected Material. A Party that seeks to file under seal any
26 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
27 only be filed under seal pursuant to a court order authorizing the sealing of the specific
28 Protected Material at issue. If a Party's request to file Protected Material under seal is
14 Case No. 5:22-CV-00515-JGB-KK
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1 denied by the court, then the Receiving Party may file the information in the public
2 record unless otherwise instructed by the court.
3
4 13. FINAL DISPOSITION
5 After the final disposition of this Action, as defined in paragraph 4, within 60
6 days of a written request by the Designating Party, each Receiving Party must return
7 all Protected Material to the Producing Party or destroy such material. As used in this
8 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
9 summaries, and any other format reproducing or capturing any of the Protected
10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
11 must submit a written certification to the Producing Party (and, if not the same person
12 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
13 category, where appropriate) all the Protected Material that was returned or destroyed
14 and (2)affirms that the Receiving Party has not retained any copies, abstracts,
15 compilations, summaries or any other format reproducing or capturing any of the
16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
17 archival copy of all pleadings, motion papers, trial, deposition, and hearing
18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
19 reports, attorney work product, and consultant and expert work product, even if such
20 materials contain Protected Material. Any such archival copies that contain or
21 constitute Protected Material remain subject to this Protective Order as set forth in
22 Section 4 (DURATION).
23
///
24
///
25
///
26
///
27
///
28
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1|/14. Any violation of this Order may be punished by any and all appropriate
2||measures including, without limitation, contempt proceedings and/or monetary
3 || sanctions.
4|IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5|| DATED: June 28, 2022 MANNING & KASS
6 ELLROD, RAMIREZ, TRESTER LLP
g By: /s/Deann Rivard
Eugene P. Ramirez
9 G. Craig Smith
10 Deann Rivard
Attorneys for Defendant, COUNTY OF
11 RIVERSIDE
12 DATED: June 28, 2022 LESSEM, NEWSTAT, & TOOSON, LLP.
13 By:
14 /s/ Jeremy Lessem
15 Jeremy I. Lessem
16 Attorney for Plaintiffs
17
18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19
09 || DATED: July 13, 2022
21
2) Canby
23
74 || HON. KENLY KTYA KATO
United States Distriet/Magistrate Judge
25
26
27
28
16 Case No. 5:22-CV-00515-JGB-KK
STIPULATED PROTECTIVE ORDER
Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 17 of 17 Page ID #:136
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, ____________________________________________[print or type full name], of
4
____________________________[print or type full address], declare under
5
penalty of perjury that I have read in its entirety and understand the Stipulated
6
Protective Order that was issued by the United States District Court for the Central
7
District of California on ________[date] in the case of Abelina Perez, et al v.
8
County of Riverside, et al., Case No. 5:22-CV-00515-JGB-KK. I agree to
9
comply with and to be bound by all the terms of this Stipulated Protective Order and
10
I understand and acknowledge that failure to so comply could expose me to
11
sanctions and punishment in the nature of contempt. I solemnly promise that I will
12
not disclose in any manner any information or item that is subject to this Stipulated
13
Protective Order to any person or entity except in strict compliance with the
14
provisions of this Order.
15
I further agree to submit to the jurisdiction of the United States District Court for
16
the Central District of California for the purpose of enforcing the terms of this
17
Stipulated Protective Order, even if such enforcement proceedings occur after
18
termination of this action. I hereby appoint ___________________________ [print
19
or type full name] of _______________________________________ [print or type
20
full address and telephone number] as my California agent for service of process
21
in connection with this action or any proceedings related to enforcement of this
22
Stipulated Protective Order.
23
Date: ______________________________________
24
City and State where sworn and signed: __________________________________
25
Printed name: ________________________________________
26
27
28 Signature:__________________________________
17 Case No. 5:22-CV-00515-JGB-KK
STIPULATED PROTECTIVE ORDER