# Fahren James v. City of South Pasadena

> District Court, C.D. California · July 14, 2022

URL: https://www.frixlaw.com/law-library/cases/9980606

## Case

- **Court:** District Court, C.D. California
- **Decided:** July 14, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 1 of 18 Page ID #:456

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 Defendants CITY OF SOUTH PASADENA, a public entity,
and SERGEANT MATTHEW RONNIE, SERGEANT SPENCER LOUIE,
6 SERGEANT ROBERT BARTL, erroneously named herein as RICHARD
BARTL, CORPORAL RANDY WISE, and OFFICER CHRIS PEREZ, public
7 employees
8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA
10

11 FAHREN JAMES and VICTORIA ) Case No. 2:21-CV-08256-DSF-KKx
PATTERSON, )
12 ) DISCOVERY MATTER
Plaintiffs. )
13 )
v. ) STIPULATION AND JOINT
14 ) REQUEST FOR ENTRY OF
CITY OF SOUTH PASADENA, ) PROTECTIVE ORDER RE
15 MATTHEW RONNIE, in his individual ) CONFIDENTIAL DOCUMENTS
capacity, SPENCER LOUIE, in his )
16 individual capacity, RICHARD )
BARTL, in his individual capacity, ) Hon. Dale S. Fischer
17 CHRIS PEREZ, in his individual )
capacity, RICHARD CHENEY, and ) [NOTE CHANGES MADE BY
18 Does 1 through 10, ) COURT]
)
19 Defendants. )
)
20
21 By and through counsel of record in this action, Plaintiffs FAHREN JAMES and
22 VICTORIA PATTERSON (“Plaintiffs”), and Defendants CITY OF SOUTH
23 PASADENA, a public entity, and Sergeant MATTHEW RONNIE, Sergeant
24 SPENCER LOUIE, Sergeant ROBERT BARTL (erroneously named herein as
25 RICHARD BARTL), Corporal RANDY WISE, and Officer CHRIS PEREZ, public
26 employees, and RICHARD CHENEY, an individual ("Defendants") the parties in
27 this action hereby stipulate and respectfully request that the Court enter a protective
28 order re confidential or private documents -i 1n - this matter [pursuant to Fed. R. Civ. P.
STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS
Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 2 of 18 Page ID #:457

1 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. Cal., Local Rules 7-1 and 52-4.1; and
2 any applicable Orders of the Court] – as follows:
3 1. A. PURPOSES AND LIMITATIONS
4 Discovery in this action is likely to involve production of confidential,
5 proprietary, or private information for which special protection from public
6 disclosure and from use for any purpose other than prosecuting this litigation may
7 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
8 enter the following Stipulated Protective Order. The parties acknowledge that this
9 Order does not confer blanket protections on all disclosures or responses to
10 discovery and that the protection it affords from public disclosure and use extends
11 only to the limited information or items that are entitled to confidential treatment
12 under the applicable legal principles. The parties further acknowledge, as set forth
13 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
14 file confidential information under seal; Civil Local Rule 79-5 sets forth the
15 procedures that must be followed and the standards that will be applied when a party
16 seeks permission from the court to file material under seal.
17 However, the parties stipulate that all medical records, other private
18 information, and personnel records of any party that are not otherwise available to
19 individuals of the public under applicable law, including but not limited to under
20 California Government Code section 6254, California Evidence Code sections 1043
21 through 1045 and California Penal Code sections 832.5 and 832.7, et seq.
22 (“Confidential Materials”) will not be distributed or conveyed, in any fashion,
23 whether by original copy, summary, note, or verbal reference, to any individual that
24 is not a named party to this litigation or counsel of record in this action, and that all
25 such records produced by the opposing party which claims confidentiality will be
26 destroyed at the close of litigation.
27 The only exception to this stipulation is for experts retained by the parties.
28 All such experts will be required to sign Exhibit “A” hereto stipulating they will not
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STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS
Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 3 of 18 Page ID #:458

1 convey or otherwise distribute, in any fashion, any Confidential Materials to any
2 other individual and that all such records will be destroyed at the close of litigation.
3 B. GOOD CAUSE STATEMENT
4 This action is likely to involve confidential peace officer personnel file
5 documents, plaintiffs’ medical records, other private information, as well as personal
6 identifying information of third party witnesses (i.e. addresses, telephone numbers,
7 etc.), for which special protection from public disclosure and from use for any
8 purpose other than prosecution of this action is warranted. Such confidential, private
9 and proprietary material and information consist of, among other things, personnel
10 file information; plaintiffs’ confidential medical and/or psychotherapeutic treatment
11 information; and personal identifying information of any third party witnesses,
12 otherwise generally unavailable to the public, or which may be privileged or
13 otherwise protected from disclosure under state or federal statutes, court rules, case
14 decisions, or common law.
15 Accordingly, to expedite the flow of information, to facilitate the prompt
16 resolution of disputes over confidentiality of discovery materials, to adequately
17 protect information the parties are entitled to keep confidential, to ensure that the
18 parties are permitted reasonable necessary uses of such material in preparation for
19 and in the conduct of trial, to address their handling at the end of the litigation, and
20 serve the ends of justice, a protective order for such information is justified in this
21 matter. It is the intent of the parties that information will not be designated as
22 confidential for tactical reasons and that nothing be so designated without a good
23 faith belief that it has been maintained in a confidential, non-public manner, and
24 there is good cause why it should not be part of the public record of this case. By
25 stipulating to the terms herein parties do not waive any objections to the production
26 of records nor does this stipulation require the production of all records absent
27 objection.
28 //
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STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS
Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 4 of 18 Page ID #:459

1 2. DEFINITIONS
2 2.1 Action: This pending federal lawsuit in FAHREN JAMES, et al. v. City of
3 South Pasadena, et al., case no. 2:21-CV-08256-DSF-KK.
4 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
5 information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it
6
is generated, stored or maintained) or tangible things that qualify for protection
7
under applicable law, including but not limited to Federal Rule of Civil Procedure
8
26(c), California Government Code section 6254, California Evidence Code
9
sections 1043 through 1045 and California Penal Code sections 832.5 and 832.7, et
10
seq., and as specified above in the Purposes and Limitations and Good Cause
11
Statement.
12
2.4 Counsel: House Counsel and Counsel of Record (as well as their support
13
staff).
14
2.5 Designating Party: a Party or Non-Party that designates information or items
15
that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
16
2.6 Disclosure or Discovery Material: all items or information, regardless of the
17 medium or manner in which it is generated, stored, or maintained (including, among
18 other things, testimony, transcripts, and tangible things), that are produced or
19 generated in disclosures or responses to discovery in this matter.
20 2.7 Expert: a person with specialized knowledge or experience in a matter
21 pertinent to the litigation who has been retained by a Party or its counsel to serve as
22 an expert witness or as a consultant in this Action.
23 2.8 House Counsel: attorneys who are employees of a party to this Action. House
24 Counsel does not include Outside Counsel of Record or any other outside counsel.
25 2.9 Non-Party: any natural person, partnership, corporation, association, or other
26 legal entity not named as a Party to this action.
27 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this
28 Action but are retained to represent or advise a party to this Action and have
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RE CONFIDENTIAL DOCUMENTS
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1 appeared in this Action on behalf of that party.
2 2.11 Party: any party to this Action.
3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
4 Material in this Action.
5 2.13 Professional Vendors: persons or entities that provide litigation support
6 services (e.g., photocopying, videotaping, translating, preparing exhibits or
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 and their employees and subcontractors.
9 2.14 Protected Material: any Disclosure or Discovery Material that is designated
10 as “CONFIDENTIAL” and all Confidential Material under 2:15.
11 2.15 Confidential Material: all medical records, other private information, and
12 personnel records of any party that are not otherwise available to individuals of the
13 publicly available under applicable law, including but not limited to under California
14 Government Code section 6254, California Evidence Code sections 1043 through
15 1045 and California Penal Code sections 832.5 and 832.7, et seq.
16 2:16 Receiving Party: a Party that receives Disclosure or Discovery Material from
17 a Producing Party.
18 3. SCOPE
19 The protections conferred by this Stipulation and Order cover not only
20 Protected Material (as defined above), but also (1) any information copied or
21 extracted from Protected Material; (2) all copies, excerpts, summaries, or
22 compilations of Protected Material; and (3) any testimony, conversations,
23 presentations, or verbal communications by Parties or their Counsel that might
24 reveal Protected Material. Any use of Protected Material at trial shall be governed
25 by the orders of the trial judge. This Order does not govern the use of Protected
26 Material at trial.
27 4. DURATION
28 A. Disposition Prior to Trial
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RE CONFIDENTIAL DOCUMENTS
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1 Should this matter resolve prior to trial, the confidentiality obligations
2 imposed by this Order shall remain in effect until a Designating Party agrees
3 otherwise in writing or a court order otherwise directs. Final disposition shall be
4 deemed the dismissal of all claims and defenses in this Action, with or without
5 prejudice, and the entry of a judgment herein. Upon final disposition all Confidential
6 Material shall be destroyed.
7 B. Trial
8 Once a case proceeds to trial, all of the court-filed information that is to be
9 introduced that was previously designated as confidential or maintained pursuant to
10 this protective Order, not including Confidential Materials, becomes public and will
11 be presumptively available to all members of the public, including the press, unless
12 compelling reasons supported by specific factual findings to proceed otherwise are
13 made to the trial judge in advance of the trial. See, Hagestad v. Tragesser, 49 F.3d
14 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc. v. U.S. District Court –
15 Northern District, 187 F.3d 1096, 1102 (9th Cir. 1999); Kamakana v. City of and
16 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)[distinguishing “good
17 cause” showing for sealing documents produced in discovery from “compelling
18 reasons” standard when merits-related documents are part of court record].
19 Accordingly, the terms of this protective order do not extend beyond the
20 commencement of the trial as to those documents introduced at trial only.
21 Documents not introduced at trial or documents entered under seal shall
22 remain confidential until a Designating Party agrees otherwise in writing or a court
23 order otherwise directs.
24 5. DESIGNATING PROTECTED MATERIAL
25 5.1 Exercise of Restraint and Care in Designating Material for Protection.
26 Each Party or Non-Party that designates information or items for protection under
27 this Order must take care to limit any such designation to specific material that
28 qualifies under the appropriate standards. The Designating Party must designate for
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RE CONFIDENTIAL DOCUMENTS
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1 protection only those parts of material, documents, items, or oral or written
2 communications that qualify so that other portions of the material, documents, items,
3 or communications for which protection is not warranted are not swept unjustifiably
4 within the ambit of this Order.
5 Mass, indiscriminate, or routinized designations are prohibited. Designations
6 that are shown to be clearly unjustified or that have been made for an improper
7 purpose (e.g., to unnecessarily encumber the case development process or to impose
8 unnecessary expenses and burdens on other parties) will expose the Designating
9 Party to sanctions in an amount subject to the Court’s discretion.
10 If it comes to a Designating Party’s attention that information or items that it
11 designated for protection do not qualify for protection, that Designating Party must
12 promptly notify all other Parties that it is withdrawing the inapplicable designation.
13 5.2 Manner and Timing of Designations. Except as otherwise provided in this
14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
16 under this Order must be clearly so designated before the material is disclosed or
17 produced.
18 Designation in conformity with this Order requires:
19 (a) For information in documentary form (e.g., paper or electronic
20 documents, but excluding transcripts of depositions or other pretrial or trial
21 proceedings), that the Producing Party affix at a minimum, the legend
22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
23 contains protected material. If only a portion or portions of the material on a page
24 qualifies for protection, the Producing Party also must clearly identify the protected
25 portion(s) (e.g., by making appropriate markings in the margins). All Confidential
26 Materials shall be deemed confidential regardless of designation.
27 A Party or Non-Party that makes original documents available for inspection
28 need not designate them for protection until after the inspecting Party has indicated
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RE CONFIDENTIAL DOCUMENTS
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1 which documents it would like copied and produced. During the inspection and
2 before the designation, all of the material made available for inspection shall be
3 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
4 documents it wants copied and produced, the Producing Party must determine which
5 documents, or portions thereof, qualify for protection under this Order. Then, before
6 producing the specified documents, the Producing Party must affix the
7 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
8 portion or portions of the material on a page qualifies for protection, the Producing
9 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
10 markings in the margins).
11 (b) For testimony given in depositions that the Designating Party identify
12 the Disclosure or Discovery Material on the record, before the close of the deposition
13 all protected testimony.
14 (c) For information produced in some form other than documentary and
15 for any other tangible items, that the Producing Party affix in a prominent place on
16 the exterior of the container or containers in which the information is stored the
17 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants
18 protection, the Producing Party, to the extent practicable, shall identify the protected
19 portion(s).
20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
21 to designate qualified information or items does not, standing alone, waive the
22 Designating Party’s right to secure protection under this Order for such material.
23 Upon timely correction of a designation, the Receiving Party must make reasonable
24 efforts to assure that the material is treated in accordance with the provisions of this
25 Order.
26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
28 of confidentiality at any time that is consistent with the Court’s Scheduling Order
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RE CONFIDENTIAL DOCUMENTS
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1 and associated deadlines other than Confidential Materials.
2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
3 process under Local Rule 37.1 et seq.
4 6.3 The burden of persuasion in any such challenge proceeding shall be on the
5 Designating Party. Frivolous challenges, and those made for an improper purpose
6 (e.g., to harass or impose unnecessary expenses and burdens on other parties) will
7 expose the Challenging Party to sanctions. Unless the Designating Party has waived
8 or withdrawn the confidentiality designation, all parties shall continue to afford the
9 material in question the level of protection to which it is entitled under the Producing
10 Party’s designation until the Court rules on the challenge.
11 7. ACCESS TO AND USE OF PROTECTED MATERIAL
12 7.1 Basic Principles. A Receiving Party may use Protected Material that is
13 disclosed or produced by another Party or by a Non-Party in connection with this
14 Action for prosecuting, defending, or attempting to settle this Action only. Such
15 Protected Material may be disclosed only to the categories of persons and under the
16 conditions described in this Order which include named Parties, Counsel of Record
17 that have appeared in this Action on behalf of a Party, House Counsel, and experts
18 that have signed Exhibit “A”. When the Action has been terminated, a Receiving
19 Party must comply with the provisions of section 13 below (FINAL DISPOSITION)
20 and destroy all Confidential Materials.
21 Protected Material must be stored and maintained by a Receiving Party at a
22 location and in a secure manner that ensures that access is limited to the persons
23 authorized under this Order. The terms of the protective order do not apply to the
24 Court and court personnel, who are subject only to the court’s internal procedures
25 regarding the handling of material filed or lodged, including material filed or lodged
26 under seal.
27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
28 ordered by the court or permitted in writing by the Designating Party, a Receiving
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RE CONFIDENTIAL DOCUMENTS
Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 10 of 18 Page ID #:465

1 Party may disclose any information or item designated “CONFIDENTIAL” only to:
2 (a) The Receiving Party’s Counsel of Record in this Action, as well as
3 employees of said Counsel of Record to whom it is reasonably necessary to disclose
4 the information for this Action and House Counsel;
5 (b) Experts (as defined in this Order) of the Receiving Party to whom
6 disclosure is reasonably necessary for this Action and who have signed the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 (c) The court and its personnel;
9 (d) Court reporters and their staff;
10 (e) Professional jury or trial consultants, mock jurors, and Professional
11 Vendors to whom disclosure is reasonably necessary for this Action and who have
12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (f) The author or recipient of a document containing the information or a
14 custodian or other person who otherwise possessed or knew the information;
15 (g) During their depositions, witnesses, and attorneys for witnesses, in the
16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
17 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
18 not be permitted to keep any confidential information unless otherwise agreed by
19 the Designating Party or ordered by the court. Pages of transcribed deposition
20 testimony or exhibits to depositions that reveal Protected Material may be separately
21 bound by the court reporter and may not be disclosed to anyone except as permitted
22 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
26 PRODUCED IN OTHER LITIGATION
27
28
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RE CONFIDENTIAL DOCUMENTS
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1 If a Party is served with a subpoena or a court order issued in other litigation
2 that compels disclosure of any information or items designated in this Action as
3 “CONFIDENTIAL,” that Party must:
4 (a) Promptly notify in writing the Designating Party. Such notification
5 shall include a copy of the subpoena or court order;
6 (b) Promptly notify in writing the party who caused the subpoena or order
7 to issue in the other litigation that some or all of the material covered by the
8 subpoena or order is subject to this Protective Order. Such notification shall include
9 a copy of this Stipulated Protective Order; and
10 (c) Cooperate with respect to all reasonable procedures sought to be
11 pursued by the Designating Party whose Protected Material may be affected. If the
12 Designating Party timely seeks a protective order, the Party served with the
13 subpoena or court order shall not produce any information designated in this action
14 as “CONFIDENTIAL” before a determination by the court from which the subpoena
15 or order issued, unless the Party has obtained the Designating Party’s permission.
16 The Designating Party shall bear the burden and expense of seeking protection in
17 that court of its confidential material and nothing in these provisions should be
18 construed as authorizing or encouraging a Receiving Party in this Action to disobey
19 a lawful directive from another court.
20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
21 PRODUCED IN THIS LITIGATION
22 (a) The terms of this Order are applicable to information produced by a
23 Non-Party in this Action and designated as “CONFIDENTIAL,” so long as it meets
24 the definition to Confidential Material stated herein. Such information produced by
25 Non-Parties in connection with this litigation is protected by the remedies and relief
26 provided by this Order. Nothing in these provisions should be construed as
27 prohibiting a Non-Party from seeking additional protections.
28
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RE CONFIDENTIAL DOCUMENTS
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1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-Party’s confidential information in its possession, and the Party is
3 subject to an agreement with the Non-Party not to produce the Non-Party’s
4 confidential information, then the Party shall:
5 (1) Promptly notify in writing the Requesting Party and the Non-
6 Party that some or all of the information requested is subject to a
7 confidentiality agreement with a Non-Party;
8 (2) Promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a
10 reasonably specific description of the information requested; and
11 (3) Make the information requested available for inspection by the
12 Non-Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this court within
14 14 days of receiving the notice and accompanying information, the Receiving Party
15 may produce the Non-Party’s confidential information responsive to the discovery
16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
17 not produce any information in its possession or control that is subject to the
18 confidentiality agreement with the Non-Party before a determination by the court.
19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
20 of seeking protection in this court of its Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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
27 or persons to whom unauthorized disclosures were made of all the terms of this
28
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RE CONFIDENTIAL DOCUMENTS
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1 Order, 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 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
4 PROTECTED MATERIAL
5 //
6 When a Producing Party gives notice to Receiving Parties that certain inadvertently
7 produced material is subject to a claim of privilege or other protection, the
8 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 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
18 person to seek its modification by the Court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this
20 Protective Order no Party waives any right it otherwise would have to object to
21 disclosing or producing any information or item on any ground not addressed in this
22 Stipulated Protective Order. Similarly, no Party waives any right to object on any
23 ground to use in evidence of any of the material covered by this Protective Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
25 Material must comply with Civil Local Rule 79-5. Protected Material may only be
26 filed under seal pursuant to a court order authorizing the sealing of the specific
27 Protected Material at issue. If a Party's request to file Protected Material under seal
28
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RE CONFIDENTIAL DOCUMENTS
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1 is denied by the court, then the Receiving Party may file the information in the public
2 record unless otherwise instructed by the court.
3 13. FINAL DISPOSITION
4 After the final disposition of this Action, as defined in paragraph 4, each
5 Receiving Party must destroy such material and confirm such action has been taken
6 in writing to Producing Party. As used in this subdivision, “all Protected Material”
7 includes all copies, abstracts, compilations, summaries, and any other format
8 reproducing or capturing any of the Protected Material. Whether the Protected
9 Material is returned or destroyed, the Receiving Party must submit a written
10 certification to the Producing Party (and, if not the same person or entity, to the
11 Designating Party) by the 60 day deadline that (1) identifies (by category, where
12 appropriate) all the Protected Material that was returned or destroyed and (2) affirms
13 that the Receiving Party has not retained any copies, abstracts, compilations,
14 summaries or any other format reproducing or capturing any of the Protected
15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival
16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
18 work product, and consultant and expert work product, even if such materials
19 contain Protected Material. Any such archival copies that contain or constitute
20 Protected Material remain subject to this Protective Order as set forth in Section 4
21 (DURATION).
22 14. Any violation of this Order will be punished by any and all appropriate
23 measures including, without limitation, contempt proceedings and monetary
24 sanctions at the discretion of the Court.
25
26 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

27

28
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RE CONFIDENTIAL DOCUMENTS
Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 15 of 18 Page ID #:470

1 INTENTIONALLY BLANK
2
DATED: July 14, 2022 CARPENTER, ROTHANS & DUMONT LLP
3
4
5 By: /s/ Katrina J. Valencia
STEVEN J. ROTHANS
6
KATRINA J. VALENCIA
7 Attorneys for Defendants CITY OF SOUTH
PASADENA, a public entity, and SERGEANT
8 MATTHEW RONNIE, SERGEANT
SPENCER LOUIE, SERGEANT ROBERT
9 BARTL, erroneously named herein as
RICHARD BARTL, CORPORAL RANDY
10 WISE, and OFFICER CHRIS PEREZ, public
employees
11

12 DATED: July 14, 2022 HOQ LAW
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By: /s/ Laboni A. Hoq
15 LABONI A. HOQ, ESQ.
Attorneys for Plaintiffs
16 FAHREN JAMES and VICTORIA
PATTERSON
17

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DATED: July 14, 2022 SCHONBRUN SEPLOW HARRIS
HOFFMAN & ZELDES LLP
19
20 By: /s/ Wilmer Harris
21 WILMER HARRIS, ESQ.
Attorneys for Plaintiffs
22 FAHREN JAMES and VICTORIA
PATTERSON
23

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STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS
Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 16 of 18 Page ID #:471

1 DATED: July 14, 2022 V. JAMES DESIMONE LAW
2
3
By: /s/ James Desimone
4 V. JAMES DESIMONE, ESQ.
Attorneys for Plaintiffs
5
FAHREN JAMES and VICTORIA
PATTERSON
6

7

8 DATED: July 14, 2022
9
10
By: /s/ Richard Cheney
11 RICHARD CHENEY, Defendant Pro Per

12
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ATTESTATION CLAUSE
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15 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
16
submitted, concur in the filing’s content and have authorized the filing.
17
Dated: July 13, 2022 By: /s/ Katrina J. Valencia_____
18
Katrina J. Valencia

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-16-
STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS
Case 2:41-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 17of18 Page ID #:472

| || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2 aly
3 || DATED: July 14, 2022
4 US. MAGISTRATE JUDGE
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TIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS

Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 18 of 18 Page ID #:473

1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of
4 __________________________________________________________________
5 [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
6
States District Court for the Central District of California on [date] in the case of
7
FAHREN JAMES, et al. v. CITY OF SOUTH PASADENA, et.al. CASE NO. 2:21-
8
CV-08256-DSF-KK. I agree to comply with and to be bound by all the terms of this
9
Stipulated Protective Order and I understand and acknowledge that failure to so
10
comply could expose me to sanctions and punishment in the nature of contempt. I
11
solemnly promise that I will not disclose in any manner any information or item that
12
is subject to this Stipulated Protective Order to any person or entity. I further agree
13
to submit to the jurisdiction of the United States District Court for the Central
14
District of California for the purpose of enforcing the terms of this Stipulated
15
Protective Order, even if such enforcement proceedings occur after termination of
16
this action. I hereby appoint __________________________ [print or type full
17 name]of____________________________________________________________
18 _____ [print or type full address and telephone number] as my California agent for
19 service of process in connection with this action or any proceedings related to
20 enforcement of this Stipulated Protective Order.
21 Date: ________________________________________________________
22 City/State where sworn and signed: ________________________________
23 Printed name: _________________________________________________
24 Signature: ____________________________________________________
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-18-
STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER
RE CONFIDENTIAL DOCUMENTS

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9980606. Public record. Not legal advice.