# Roderick Garcia v. City of Azusa

> District Court, C.D. California · September 21, 2022

URL: https://www.frixlaw.com/law-library/cases/9981207

## Case

- **Court:** District Court, C.D. California
- **Decided:** September 21, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 21122-cv-03457-MWF-JPR Document 22 Filed 09/21/22 Pagelof24 Page ID#:149

1 || Mildred K. O'Linn (State Bar No. 159055)
mko@manningllp.com
2 || Garros Chan (State Bar No. 320561)
xc@manningllp.com
3 MANNIN G & KASS
ELLROD, RAMIREZ, TRESTER LLP
4||801 S. Figueroa St, 15" Floor
Los Angeles, California 90017-3012
5 || Telephone: Gb) 624-6900
‘ Facsimile: (213) 624-6999 NOTE: CHANGES MADE BY THE COURT
Attorneys for Defendants, CITY OF
7|| AZUSA; OFFICER J. ARIAS,
individually; OFFICER J. BEAVER,
8 || individually; OFFICER B.
HILDEBRANDT,, individually
10 UNITED STATES DISTRICT COURT
se} Il CENTRAL DISTRICT OF CALIFORNIA

ge » 13)}/RODERICK GARCIA, Case No. 2:22-CV-03457-MWE-JPR
gz. 14
z ae Plaintiff, [District Judge, Michael W. F: itzgerald;
fe 15 agistrate Judge, Jean fF. Kosenbiut.
3 | dge, Jean P. R luth]
5 V.
16 [DISCOVERY MATTER]
a CITY OF AZUSA; OFFICER J.
FQ! 17]| ARIAS, individually; OFFICER J. AMENDED STIPULATION FOR
BEAVER, individually; OFFICER B. ENTRY OF PROTECTIVE ORDER
18 || HILDEBRANDT, individually; and RE CONFIDENTIAL DOCUMENTS
DOES 1 through 50, inclusive,
19
Defendants.
20
Complaint Filed: 05/20/22
21 Trial Date: Not Yet Set
22
23 || TO THE HONORABLE COURT:
24 By and through their counsel of record in this action, plaintiff RODERICK
25 || GARCIA, (“plaintiff”); defendants CITY OF AZUSA (“City”), OFFICER J. ARIAS,
26 || OFFICER J. BEAVER and OFFICER B. HILDEBRANDT (collectively herein after
27 || as “Defendants”’) — the parties — hereby stipulate for the purpose of jointly requesting
28 || that the honorable Court enter a protective order re confidential documents in this
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1 |] matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D.
2 || Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] —as follows:
3 GOOD CAUSE STATEMENT
4}/1. GOOD CAUSE STATEMENT.
5||1.1. Contentions re Harm from Disclosure of Confidential Materials.
6 Defendants contend that there is good cause and a particularized need for a
7 || protective order to preserve the interests of confidentiality and privacy in peace officer
8 || personnel file records and associated investigative or confidential records for the
9 || following reasons.
10 First, Defendants contend that peace officers have a federal privilege of privacy
A 11 ||in their personnel file records: a reasonable expectation of privacy therein that is

12 || underscored, specified, and arguably heightened by the Pitchess protective procedure
13 || of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034
Z 2 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-
2c 15 || 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based
16|| discovery disputes involving federal claims,” the “state privilege law which is
3
1 —17||consistent with its federal equivalent significantly assists in applying [federal]
18 || privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613
19 ||n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights
20 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code
21||§§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that
22 || uncontrolled disclosure of such personnel file information can threaten the safety of
23 ||non-party witnesses, officers, and their families/associates.
24 Second, Defendants contend that municipalities and law enforcement agencies
25 ||have federal deliberative-executive process privilege, federal official information
26 || privilege, federal law enforcement privilege, and federal attorney-client privilege
27 || (and/or attorney work product protection) interests in the personnel files of their peace
28 || officers — particularly as to those portions of peace officer personnel files that contain
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1 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or
2 || communications for the purposes of obtaining or rendering legal advice or analysis —
3 || potentially including but not limited to evaluative/analytical portions of Internal
4 || Affairs type records or reports, evaluative/analytical portions of supervisory records
5 || or reports, and/or reports prepared at the direction of counsel, or for the purpose of
6 || obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa
7 || Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir.
8 || 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654,
9 || 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998);
10 || Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.
«| 11 ||v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants

12 || further contend that such personnel file records are restricted from disclosure by the
13 || public entity’s custodian of records pursuant to applicable California law and that
Z 2 14 || uncontrolled release is likely to result in needless intrusion of officer privacy;
2c 15 ||impairment in the collection of third-party witness information and statements and
16 || related legitimate law enforcement investigations/interests; and a chilling of open and
3
| —17||honest discussion regarding and/or investigation into alleged misconduct that can
18 || erode a public entity’s ability to identify and/or implement any remedial measures
19 || that may be required.
20 Third, Defendants contend that, since peace officers do not have the same rights
21 ||as other private citizens to avoid giving compelled statements, it is contrary to the
22 ||fundamental principles of fairness to permit uncontrolled release of officers’
23 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,
24 || 828-830 (1985); cf. U.S. Const., amend V.
25 Accordingly, Defendants contend that, without a protective order preventing
26 || such, production of confidential records in the case can and will likely substantially
27 ||impair and harm Defendants and public entity’s interests in candid self-critical
28 || analysis, frank internal deliberations, obtaining candid information from witnesses,
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1 || preserving the safety of witnesses, preserving the safety of peace officers and peace
2 || officers’ families and associates, protecting the privacy officers of peace officers, and
3 ||preventing pending investigations from being detrimentally undermined by
4 || publication of private, sensitive, or confidential information — as can and often does
5 || result in litigation.
6 1.2. Plaintiff does not agree with and does not stipulate to Defendants’
7 || contentions herein above, and nothing in this Stipulation or its associated Order shall
8 || resolve the parties’ disagreement, or bind them, concerning the legal statements and
9 || claimed privileges set forth above.
10 However, plaintiff agrees that there is Good Cause for a Protective Order so as
a 11 || to preserve the respective interests of the parties without the need to further burden

12 || the Court with such issues. Specifically, the parties jointly contend that, absent this
SF 13 || Stipulation and its associated Protective Order, the parties' respective privilege
Z 2 interests may be impaired or harmed, and that this Stipulation and its associated
2c 15 || Protective Order may avoid such harm by permitting the parties to facilitate discovery
16|| with reduced risk that privileged and/or sensitive/confidential information will
5 17 || become matters of public record.
18 1.3. The parties jointly contend that there is typically a particularized need
19 || for protection as to any medical or psychotherapeutic records, because of the privacy
20 || interests at stake therein. Because of these sensitive interests, a Court Order should
21 || address these documents rather than a private agreement between the parties.
22 1.4. The parties therefore stipulate that there is Good Cause for, and hereby
23 || jointly request that the honorable Court issue/enter, a Protective Order re confidential
24 || documents consistent with the terms and provisions of this Stipulation. However, the
25 ||entry of a Protective Order by the Court pursuant to this Stipulation shall not be
26 ||construed as any ruling by the Court on the aforementioned legal statements or
27 || privilege claims in this section (§ 1), nor shall this section be construed as part of any
28 || such Court Order.
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1 A. PURPOSES AND LIMITATIONS.
2 Disclosure and discovery activity in this action are likely to involve production
3 || of confidential, proprietary, or private information for which special protection from
4 || public disclosure and from use for any purpose other than prosecuting or defending
5 || this litigation would be warranted. Accordingly, the parties hereby stipulate to and
6 || petition the court to enter the following Stipulation and an associated Order.
7 The parties acknowledge that this Stipulation and associated Order does not
8 || confer blanket protections on all disclosures or responses to discovery and that the
9 || protection it affords extends only to the specified information or items that are entitled
10 || to treatment as confidential.
a 11 The parties further acknowledge, as set forth below, that this Stipulation and

» | 12||Order creates no entitlement to file confidential information under seal. Central
13 || District Local Rules 79-5.1 and 79-5.2 set(s) forth the procedures that must be
Z 2 14 || followed and reflects the standards that will be applied when a party seeks permission
2c 15 || from the court to file material under seal.
| 16 Nothing in this Stipulation or associated Order shall be construed so as to
3
FA! —17||require or mandate that any Party disclose or produce privileged information or
18 ||records that could be designated as Confidential Documents/Protected Material
19 || hereunder.
20 STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL
21
22||2. DEFINITIONS.
23 2.1. Party: any party to this action, including all of its officers, directors,
24 || employees, agents, consultants, retained experts, house counsel and outside counsel
25 || (and/or the support staff thereof).
26 2.2. Disclosure or Discovery Material: all items or information, regardless
27 || of the medium or manner generated, stored or maintained (including, among other
28 || things, testimony, transcripts, or tangible things) that are produced — or generated in
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1 || disclosures or responses to discovery — by any Party in this matter.
2 2.3. “Confidential” Information or Items: information (regardless of the
3 || medium or how generated, stored, or maintained) or tangible things that qualify for
4 || protection under standards developed under Federal Rule of Civil Procedure 26(c)
5 || and/or applicable federal privileges. This material may include, but is not limited to,
6 || medical records, psychotherapeutic records, etc.; as well as peace officer personnel
7||records as defined by California Penal Code sections 832.8, 832.5, 832.7 and the
8 || associated case law; and other similar confidential records designated as such.
9 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material
10 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking
«| 11 ||a deposition or comparable testimony.
12 2.5. Producing Party: a Party or non-party that produces Disclosure or
13 || Discovery Material in this action, including a Party that is defending a deposition
2) 14|| noticed or subpoenaed by another Party; additionally, for the limited purpose of
2c 15 || designating testimony subject to this Stipulation and Order, a “Producing Party” shall
16 || also be construed to include a Party that is attending and/or participating in a non-
3
F241 —17|| party deposition noticed/subpoenaed by another Party.
18 2.6. Designating Party: a Party or non-party public entity employer of a Party
19 || that designates information or items that it produces in disclosures or in responses to
20 || discovery as “CONFIDENTIAL.”
21 2.7. Protected Material: any Disclosure or Discovery Material that is
22 ||designated as “CONFIDENTIAL” under the provisions of this Stipulation and
23 || Protective Order. (The term “Confidential Document” shall be synonymous with the
24 ||term “Protected Material” for the purposes of this Stipulation and any associated
25 || Protective Order.)
26 2.8. Qutside Counsel: attorneys who are not employees of a Party but who
27 || are retained to represent or advise a Party in this action (as well as their support staffs).
28 2.9. House Counsel: attorneys who are employees of a Party (as well as their
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1 || support staffs).
2 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as
3 || well as their support staffs).
4 2.11. Expert: a person with specialized knowledge or experience in a matter
5 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
6 ||an expert witness or as a consultant in this action and who is not a past or a current
7 ||employee of a Party and who, at the time of retention, is not anticipated to become an
8 ||employee of a Party or a competitor of a Party’s; as well as any person retained,
9 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil
10 || Procedure 26(a)(2) or other applicable discovery Rules or statutes.
A 11 2.12. Professional Vendors: persons or entities that provide litigation support
12||services (e.g., photocopying; videotaping; translating; preparing exhibits or
SF 13 || demonstrations; and/or organizing, storing, retrieving data in any form or medium;
Z 2 14 || etc.); and their employees and subcontractors.
ZS) 15 ||3. SCOPE OF PROTECTION.
16 The protections conferred by this Stipulation and its associated Order cover not
3 17 || only Protected Material/Confidential Documents (as defined above), but also (1) any
18 ||information copied or extracted from Protected Material; (2) all copies, excerpts,
19||summaries, or compilations of Protected Material; and (3) any testimony,
20 || conversations, or presentations by Parties or their Counsel that might reveal Protected
21 || Material. However, the protections conferred by this Stipulation and its associated
22 || Order do not cover the following information: (a) any information that is in the public
23 ||domain at the time of disclosure to a Receiving Party or becomes part of the public
24 || domain after its disclosure to a Receiving Party as a result of publication not involving
25 || a violation of this Order, including becoming part of the public record through trial or
26 || otherwise; and (b) any information known to the Receiving Party prior to the
27 || disclosure or obtained by the Receiving Party after the disclosure from a source who
28 || obtained the information lawfully and under no obligation of confidentiality to the
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1 || Designating Party.
2 Except to the extent specified herein (if any), any use of Protected Material at
3 || trial shall not be governed by this Order, but may be governed by a separate agreement
4 || or order.
5 Any use of Protected Material at trial shall be governed by the Orders of the
6 || trial judge: this Stipulation and its associated Protective Order do(es) not govern the
7 || use of Protected Material at trial.
8 Nothing in this Stipulation or its associated Order shall be construed as binding
9 ||}upon the Court or its court personnel, who are subject only to the Court’s internal
10 || procedures regarding the handling of materials filed or lodged, including materials
a 11 || filed or lodged under seal.

, 12 || 4. DURATION OF PROTECTION.
13 Even after final disposition of this litigation, the confidentiality obligations
Z 2 14 ||imposed by this Order shall remain in effect until a Designating Party agrees
2c 15 || otherwise in writing or a court order otherwise directs.
16 Final disposition shall be deemed to be the later of (1) dismissal of all claims
3
—17|land defenses in this action, with or without prejudice; and (2) final judgment herein
18 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or
19 || reviews of this action, including the time limits for filing any motions or applications
20 || for extension of time pursuant to applicable law.
21||5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL
22 OO

23 5.1. Exercise of Restraint and Care in Designating Material for Protection.
24 Each Party or non-party that designates information or items for protection
25 under this Stipulation and its associated Order must take care to limit any such
26 || designation to specific material that qualifies under the appropriate standards. A
27 || Designating Party must take care to designate for protection only those parts of
28 || material, documents, items, or oral or written communications that qualify — so that
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1 |/other portions of the material, documents, items or communications for which
2 || protection is not warranted are not swept unjustifiably within the ambit of this Order.
3 Mass, indiscriminate, or routine designations are prohibited. Designations that
4 || are shown to be clearly unjustified, or that have been made for an improper purpose
5 || (e.g., to unnecessarily encumber or retard the case development process, or to impose
6 || unnecessary expenses and burdens on other parties), expose the Designating Party to
7 || sanctions.
8 If it comes to a Party’s or a non-party’s attention that information or items that
9 designated for protection do not qualify for protection at all, or do not qualify for
10 || the level of protection initially asserted, that Party or non-party must promptly notify
a 11 || all other parties that it is withdrawing the mistaken designation.
12 5.2. Manner and Timing of Designations. Except as otherwise provided in
SF 13 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection
Z 2 under this Order must be clearly so designated before the material is disclosed or
2c 15 || produced.
16 Designation in conformity with this Order requires:
5 17 (a) for information in documentary form (apart from transcripts of
18 || depositions or other pretrial or trial proceedings, and regardless of whether produced
19||in hardcopy or electronic form), that the Producing Party affix the legend
20 || “CONFIDENTIAL” to each page that contains Protected Material. If only a portion
21 || or portions of the material on a page qualifies for protection, the Producing Party also
22 || must clearly identify the protected portion(s) (e.g., by making appropriate markings
23 ||in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The
24 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the
25 || substance of the page’s (or pages’) text or content.
26 A Party or Non-Party that makes original documents or materials available for
27 || inspection need not designate them for protection until after the inspecting Party has
28 || indicated which material it would like copied and produced. During the inspection
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1 || and before the designation, all of the material made available for inspection shall be
2 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
3 || it wants copied and produced, the Producing Party must determine which documents,
4 || or portions thereof, qualify for protection under this Order. Then, before producing
5||the specified documents, the Producing Party must affix the “CONFIDENTIAL”
6 || legend to each page that contains Protected Material. If only a portion or portions of
7 || the material on a page qualifies for protection, the Producing Party also must clearly
8 |}identify the protected portion(s) (e.g., by making appropriate markings in the
9 || margins).
10 (b) for testimony given in deposition or in other_discovery related
«| 11 ||proceedings, that the Party or non-party offering or sponsoring the testimony identify
| 12 ||on the record, before the close of the deposition, hearing, or other proceeding, all
13 || protected testimony, and further specify any portions of the testimony that qualify as
Z 2 “CONFIDENTIAL.” When it is impractical to identify separately each portion of
2c 15 || testimony that is entitled to protection, and when it appears that substantial portions
16 || of the testimony may qualify for protection, the Producing Party may invoke on the
3
1 —17|| record (before the deposition or proceeding is concluded) a right to have up to twenty
18 || (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.”
19||Only those portions of the testimony that are appropriately designated as
20 ||“CONFIDENTIAL” for protection within the 20 days shall be covered by the
21 || provisions of this Stipulation and its associated Protective Order.
22 The court reporter must affix to each such transcript page containing Protected
23 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party.
24 (c) for information produced in some form other than documentary, and for
25 || any other tangible items (including but not limited to information produced on disc or
26 || electronic data storage device), that the Producing Party affix in a prominent place on
27 || the exterior of the container or containers in which the information or item is stored
28 || the legend “CONFIDENTIAL.” If only portions of the information or item warrant
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1 || protection, the Producing Party, to the extent practicable, shall identify the protected
2 || portions, specifying the material as “CONFIDENTIAL.”
3 5.3. Inadvertent Failures to Designate. If timely corrected (preferably,
4 || though not necessarily, within 30 days of production or disclosure of such material),
5|fan inadvertent failure to designate qualified information or items as
6 || “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to
7||secure protection under this Stipulation and its associated Order for such material.
8 If material is appropriately designated as “CONFIDENTIAL?” after the material
9 || was initially produced, the Receiving Party, on timely notification of the designation,
10 || must make reasonable efforts to assure that the material is treated in accordance with
«| 11 ||this Stipulation and its associated Order.

» 12 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall
13 || not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove
Z 2 14 ||a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any
2c 15 || other action so as to make it appear that Protected Material is not subject to the terms
16 || and provisions of this Stipulation and its associated Order. However, nothing in this
3
—17||section shall be construed so as to prevent a Receiving Party from challenging a
18 || confidentiality designation subject to the provisions of section 6, infra.
19 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.
20 6.1. Timing of Challenges. Any Party or Non-Party may challenge a
21 |)designation of confidentiality at any time that is consistent with the Court's
22 || Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality
23 ||designation is necessary to avoid foreseeable substantial unfairness, unnecessary
24 || economic burdens, or a later significant disruption or delay of the litigation, a Party
25 || does not waive its right to challenge a confidentiality designation by electing not to
26 || mount a challenge promptly after the original designation is disclosed.
27 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a
28 || Challenging Party shall initiate a dispute resolution process by providing written
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1 ||notice of each specific designation it is challenging, and describing the basis (and
2 ||supporting authority or argument) for each challenge. To avoid ambiguity as to
3 || whether a challenge has been made, the written notice must recite that the challenge
4||to confidentiality is being made in accordance with this specific paragraph of the
5 || associated Protective Order, as well as Local Rule 37. The parties shall attempt to
6 || resolve each challenge in good faith and must begin the process by conferring directly
7 || (in voice to voice dialogue, either in person, telephonically, or by other comparable
8 || means, but not by correspondence) in compliance with Local Rule 37.
9 In conferring, the Challenging Party must explain the specific basis for its belief
10 || that the confidentiality designation was not proper and must give the Designating
a 11 ||Party an opportunity to review the designated material, to reconsider the

12 || circumstances, and, if no change in designation is offered, to explain the basis for the
13 ||chosen designation. A Challenging Party may proceed to the next stage of the
2) 14 || challenge process only if it has engaged in this meet and confer process first or
2c 15 || establishes that the Designating Party is unwilling to participate in the meet and confer
16 || process in a timely manner.
5 17 Frivolous challenges, and those challenges made for an improper purpose (e.g.,
18 || to harass or impose unnecessary expenses and burdens on other parties), may expose
19 || the Challenging Party to sanctions.
20 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality
21 |)challenge without court intervention, the Challenging Party shall file and serve a
22 || motion to remove confidentiality (under the applicable rules for filing and service of
23 || discovery motions) in compliance with Local Rule 37 and the Court's order regarding
24 || timing of discovery motions.
25 The parties must strictly comply with Central District Local Rules 37-1 and 37-
26 ||2 (including the joint stipulation re discovery dispute requirement) in any motion
27 || associated with this Protective Order.
28 Each such motion must be accompanied by a competent declaration affirming
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1 || that the movant has complied with the meet and confer requirements imposed in the
2 || preceding paragraph.
3 The burden of persuasion in any such challenge proceeding shall be on the
4 || Designating Party, regardless of whether the Designating Party is the moving party or
5 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and
6 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses
7 ||and burdens on other parties) may expose the Challenging Party to sanctions. Unless
8 || the Designating Party has waived the confidentiality designation by failing to oppose
9 ||a motion to remove confidentiality as described above, all parties shall continue to
10 || afford the material in question the level of protection to which it is entitled under the
a 11 || Producing Party’s designation until the court rules on the challenge.
» | 12 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
13 || Designating Party may remove Protected Material/Confidential Documents from
Z 2 14 ||some or all of the protections and provisions of this Stipulation and its associated
2c 15 || Order at any time by any of the following methods:
| 16 (a) Express Written Withdrawal. A Designating Party may withdraw a
3
Fl —17||*CONFIDENTIAL” designation made to any specified Protected Material
18 || /Confidential Documents from some or all of the protections of this Stipulation and
19 || its associated Order by an express withdrawal in a writing signed by such Party (or
20 |)such Party’s Counsel, but not including staff of such Counsel) that specifies and
21 |)itemizes the Disclosure or Discovery Material previously designated as Protected
22 || Material/Confidential Documents that shall no longer be subject to all or some of the
23 || provisions of this Stipulation and Order. Such express withdrawal shall be effective
24 when transmitted or served upon the Receiving Party. If a Designating Party is
25 || withdrawing Protected Material from only some of the provisions/ protections of this
26 || Stipulation and Order, such Party must state which specific provisions are no longer
27 ||to be enforced as to the specified material for which confidentiality protection
28 ||hereunder is withdrawn: otherwise, such withdrawal shall be construed as a
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1 || withdrawal of such material from all of the protections/provisions of this Stipulation
2 ||and Order;
3 (b) Express Withdrawal on the Record. A Designating Party may withdraw
4}}a “CONFIDENTIAL” designation made to any _ specified Protected
5 || Material/Confidential Documents from all of the provisions/protections of this
6 || Stipulation and its associated Order by verbally consenting in court proceedings on
7||the record to such withdrawal — provided that such withdrawal specifies the
8 || Disclosure or Discovery Material previously designated as Protected Material/
9 || Confidential Documents that shall no longer be subject to any of the provisions of this
10 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected
A 11 || Material from only some of the protections/provisions of this Stipulation and Order

12 || by this method;
13 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A
Z 2 14 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”
2c 15 || designation made to any specified Protected Material/Confidential Documents from
16 □□ □□□ of the provisions/protections of this Stipulation and Order by either (1) making
3
Fi! —17||such Protected Material/Confidential Records part of the public record — including
18 || but not limited to attaching such as exhibits to any filing with the court without
19 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely
20 || oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to
21 || specified Protected Material/Confidential Documents.
22||7. ACCESS TO AND USE OF PROTECTED MATERIAL.
23 7.1. Basic Principles. A Receiving Party may use Protected Material that is
24 || disclosed or produced by another Party or by a non-party in connection with this case
25 || only for preparing, prosecuting, defending, or attempting to settle this litigation — up
26 || to and including final disposition of the above-entitled action — and not for any other
27 || purpose, including any other litigation or dispute outside the scope of this action.
28 || Such Protected Material may be disclosed only to the categories of persons and under
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1 || the conditions described in this Stipulation and its associated Order. When the above
2 ||entitled litigation has been terminated, a Receiving Party must comply with the
3 || provisions of section 11, below (FINAL DISPOSITION).
4 Protected Material must be stored and maintained by a Receiving Party at a
5 ||location and in a secure manner that ensures that access is limited to the persons
6 || authorized under this Stipulation and its Order.
7 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
8 || otherwise ordered by the Court or permitted in writing by the Designating Party, a
9 || Receiving Party may disclose any information or item designated CONFIDENTIAL
10 || only to:
a 11 (a) the Receiving Party’s Outside Counsel of record in this action, as well

| 12 ||as employees of such Counsel to whom it is reasonably necessary to disclose the
13 || information for this litigation;
Z 2 14 (b) the officers, directors, and employees (including House Counsel) of the
2c 15 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each
16 || of whom, by accepting receipt of such Protected Material, thereby agree to be bound
3
FI 17]| by this Stipulation and Order;
18 (c) Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this Action and who have signed the
20 || ““Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (d) the Court and its personnel;
22 (e) court reporters and their staff;
23 (f) professional jury or trial consultants, mock jurors, and Professional
24 || Vendors to whom disclosure is reasonably necessary for this Action and who have
25 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 (g) the author or recipient of a document containing the information or a
27 || custodian or other person who otherwise possessed or knew the information;
28 (h) during their depositions, witnesses and attorneys for witnesses to whom
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1 || disclosure is reasonably necessary, provided that the deposing party requests that the
2 || witness sign the form attached as Exhibit A hereto and the witnesses will not be
3 permitted to keep any confidential information unless they sign the form, unless
4|/otherwise agreed by the Designating Party or ordered by the Court. Pages of
5 ||transcribed deposition testimony or exhibits to depositions that reveal Protected
6 || Material may be separately bound by the court reporter and may not be disclosed to
7 || anyone except as permitted under this Order;
8 (i) any mediator or settlement officer, and their supporting personnel,
9||mutually agreed on by any of the Parties engaged in settlement discussions or
10 || appointed by the Court; and
a 11 (j) the author or custodian of a document containing the information that

12 || constitutes Protected Material, or other person who otherwise possessed or knew the
SF 13 || information.
Z 2 14 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected
2c 15 || Material/Confidential Documents to persons to whom this Stipulation and its Order
| 16|| permits disclosure or production, a Receiving Party shall provide a copy of this
5 17 || Stipulation and Order to such persons so as to put such persons on notice as to the
18 || restrictions imposed upon them herein: except that, for court reporters, Professional
19|| Vendors, and for witnesses being provided with Protected Material during a
20 || deposition, it shall be sufficient notice for Counsel for the Receiving Party to give the
21 || witness a verbal admonition (on the record, for witnesses) regarding the provisions of
22 || this Stipulation and its Order and such provisions’ applicability to specified Protected
23 || Material at issue.
24 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be
25 || construed so as to require any Producing Party to designate any records or materials
26 |}as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so
27 ||as to prevent the admission of Protected Material into evidence at the trial of this
28 || action, or in any appellate proceedings for this action, solely on the basis that such
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1||Disclosure or Discovery Material has been designated as _ Protected
2 || Material/Confidential Documents. Notwithstanding the foregoing, nothing in this
3 || Stipulation and Order shall be construed as a waiver of any privileges or of any rights
4||to object to the use or admission into evidence of any Protected Material in any
5 || proceeding; nor shall anything herein be construed as a concession that any privileges
6 || asserted or objections made are valid or applicable. Nothing in this Stipulation and
7 Order shall be construed so as to prevent the Designating Party (or its Counsel or
8 || custodian of records) from having access to and using Protected Material designated
9 || by that Party in the manner in which such persons or entities would typically use such
10 || materials in the normal course of their duties or profession — except that the waiver of
a 11 || confidentiality provisions shall apply (see section 6.4(c), supra).
» 12 7.5. Requirement to File Confidential Documents Under Seal. Confidential
13 || Documents may be submitted in all law and motion proceedings before the Court if
Z 2 14 || done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or
2c 15 || United States District Court, Central District of California Local Rules 79-5.1 and 79-
16||5.2 (as applicable) and pursuant to the provisions of this Stipulation and any
3
Fl 17 || associated Order.
18 (This paragraph (7.5) shall not be construed so as to prevent a Designating
19 || Party or counsel from submitting, filing, lodging, or publishing any document it has
20 || previously designated as a Confidential Document without compliance with this
21 || paragraph’s requirement to do so under seal (i.e., a producing-disclosing party or
22 ||counsel may submit or publish its own Confidential Documents without being in
23 || violation of the terms of this Stipulation and its Protective Order).
24 Furthermore, a Receiving Party shall be exempted from the requirements of
25 this paragraph as to any specifically identified Confidential Document(s) where —
26 || prior to the submission or publication of the Confidential Document(s) at issue — the
27 || Designating Party of such specifically identified Confidential Document(s) has
28 || waived/withdrawn the protections of this Stipulation and its Order (pursuant to
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1 || paragraph 6.4, supra).
2 Nothing in this paragraph shall be construed to bind the Court or its authorized
3 || staff so as to limit or prevent the publication of any Confidential Documents to the
4 || jury or factfinder, at the time of trial of this matter, where the Court has deemed such
5 || Confidential Documents to be admissible into evidence.
6 Nothing in this Stipulation or in any associated Order shall be construed as any
7 || entitlement for the parties to file any documents or materials under seal; nor shall the
8 || parties’ Stipulation or this Order be construed as any exemption from any of the
9 || requirements of Central District Local Rule 79-5. The parties are required to comply
10 || with the applicable Local Rules in their entirety. If the Court denies a party’s request
a 11 || for filing material under seal, that material may be filed in the public record unless

12 || otherwise instructed by the Court.
Zé! 13 PROTECTED MATERIAL _SUBPOENAED OR ORDERED
22) PROPECED IN OTHER LITIGATION:
2c 15 If a Party is served with a subpoena or a court order issued in other litigation
16||that compels disclosure of any information or items designated in this action as
3
Fl 17||“CONFIDENTIAL,” that Party must:
18 (a) promptly notify in writing the Designating Party, preferably (though not
19 || necessarily) by facsimile or electronic mail. Such notification shall include a copy of
20 || the subpoena or court order at issue, unless prohibited by law;
21 (b) promptly notify in writing the party who caused the subpoena or order to
22 || issue in the other litigation that some or all of the material covered by the subpoena
23 || or order is subject to this Stipulation and its Protective Order. Such notification shall
24 || include a copy of this Stipulation and its Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be pursued
26 || by all sides in any such situation, while adhering to the terms of this Stipulation and
27 || its Order.
28 If the Designating Party timely seeks a protective order, the Party served with
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1 || the subpoena or court order shall not produce any information designated in this action
2 ||as “CONFIDENTIAL” before a determination by the relevant court, unless the Party
3 || has obtained the Designating Party’s permission. The Designating Party shall bear the
4 || burden and expense of seeking protection in that court of its confidential material —
5 || and nothing in these provisions should be construed as authorizing or encouraging a
6 || Receiving Party in this action to disobey a lawful directive from another court.
7 The purpose of this section is to ensure that the affected Party has a meaningful
8 || opportunity to preserve its confidentiality interests.
9 || 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
10 9.1. Unauthorized Disclosure of Protected Material.
se} Il If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

» | 12 || Protected Material to any person or in any circumstance not authorized under this
13 || Stipulation and Order, the Receiving Party must immediately:
Z 2 14 (a) notify in writing the Designating Party of the unauthorized disclosures;
2c 15 (b) use its best efforts to retrieve all copies of the Protected Material;
16 (c) inform the person or persons to whom unauthorized disclosures were made
3
A 17 || of all the terms of this Order; and
18 (d) request such person or persons consent to be bound by the Stipulation and
19 || Order.
20 9.2. Inadvertent Production of Privileged or Otherwise Protected Material.
21 When a Producing Party gives notice to Receiving Parties that certain
22 || inadvertently produced material is subject to a claim of privilege or other protection,
23 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
24 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
25 || may be established in an e-discovery order that provides for production without prior
26 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
27 ||parties reach an agreement on the effect of disclosure of a communication or
28 || information covered by the attorney-client privilege or work product protection, the
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1 || parties may incorporate their agreement in the stipulated protective order submitted
2 || to the court, provided the court so allows.
3/10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED.
4 10.1. Filing of Protected Material.
5 Without advance written permission from the Designating Party, or a court
6 || order secured after appropriate notice to all interested persons, a Receiving Party may
7 || not file in the public record in this action any Protected Material. A Party that seeks
8 || to file under seal any Protected Material must comply with the applicable Federal and
9 || Local Rules.
10 10.2. Public Dissemination of Protected Material.
se} Il A Receiving Party shall not publish, release, post, or disseminate Protected

» 12 || Material to any persons except those specifically delineated and authorized by this
13 || Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish,
Z 2 14 || release, leak, post, or disseminate Protected Material/Confidential Documents to any
ad 15 || news media, member of the press, website, or public forum.
= | 16|}11. FINAL DISPOSITION,
5 17 Unless otherwise ordered or agreed in writing by the Producing Party, within
18 || thirty (30) days after the final termination of this action (defined as the dismissal or
19 || entry of judgment by the above named court, or if an appeal is filed, the disposition
20 || of the appeal), upon written request by the Producing Party, each Receiving Party
21 || must return all Protected Material to the Producing Party — whether retained by the
22 || Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non-
23 || party to whom the Receiving Party produced or shared such records or information.
24 As used in this subdivision, “all Protected Material’ includes all copies,
25 || abstracts, compilations, summaries or any other form of reproducing or capturing any
26 ||of the Protected Material, regardless of the medium (hardcopy, electronic, or
27 || otherwise) in which such Protected Material is stored or retained.
28 In the alternative, at the discretion of the Receiving Party, the Receiving Party
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1 || may destroy some or all of the Protected Material instead of returning it — unless such
2 || Protected Material is an original, in which case, the Receiving Party must obtain the
3 || Producing Party’s written consent before destroying such original Protected Material.
4 Whether the Protected Material is returned or destroyed, the Receiving Party
5 || must submit a written certification to the Producing Party (and, if not the same person
6||or entity, to the Designating Party) within thirty (30) days of the aforementioned
7 || written request by the Designating Party that specifically identifies (by category,
8 || where appropriate) all the Protected Material that was returned or destroyed and that
9 || affirms that the Receiving Party has not retained any copies, abstracts, compilations,
10 || summaries or other forms of reproducing or capturing any of the Protected material
a 11 || Gn any medium, including but not limited to any hardcopy, electronic or digital copy,
12 || or otherwise).
SF 13 Notwithstanding this provision, Counsel are entitled to retain an archival copy
Z 2 14 || of all pleadings, motion papers, transcripts, legal memoranda filed with the court in
2c 15||this action, as well as any correspondence or attorney work product prepared by
16 || Counsel for the Receiving Party, even if such materials contain Protected Material;
5 17 || however, any such archival copies that contain or constitute Protected Material remain
18 || subject to this Protective Order as set forth in Section 4 (DURATION), above. This
19 || court shall retain jurisdiction in the event that a Designating Party elects to seek court
20 || sanctions for violation of this Stipulation and its Order.
21|}12. MISCELLANEOUS.
22 12.1. Right to Further Relief. Nothing in this Stipulation and its Order
23 || abridges the right of any person to seek its modification by the Court in the future.
24 12.2. Right to Assert Other Objections. By stipulating to the entry of a
25 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise
26 || would have to object to disclosing or producing any information or item on any
27 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any
28 || right to object on any ground to use in evidence any of the material covered by this
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1 || Stipulation and its Protective Order.
2 |} ///
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1 12.3. This Stipulation may be signed in counterpart and a facsimile or
2 || electronic signature shall be as valid as an original signature.
3 IT IS SO STIPULATED.
5 || DATED: September 20, 2022 HERBERT & HAYDEN
7 By: /s/ Herbert Hayden
John W. Harris
8 Herbert Hayden
9 Attorneys for Plaintiff,
10 RODERICK GARCIA

a 11

, 12 || DATED: September 20, 2022 MANNING & KASS
4 fe ELLROD, RAMIREZ, TRESTER LLP
ME! 13
Ossi
Ze 14
BS 15 By: /s/ Garros Chan
Ss Mildred K. O'Linn
Z| 16 Garros Chan
D 7 Attorneys for Defendants, CITY OF
AZUSA; OFFICER J. ARIAS,
18 individually; OFFICER J. BEAVER,
19 individually; OFFICER B.
HILDEBRANDT, individually
20
21
22 IT IS SO ORDERED.
23 □ bly, W
24 || Dated: September 21, 2022
25 JEAN P. ROSENBLUTH
UNITED STATES MAGISTRATE JUDGE
26
27
28
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4 I, [full name], of
5 || [full address], declare under penalty of perjury that I have read in its entirety and
6 || understand the Stipulated Protective Order that was issued by the U.S. District Court
7 || for the Central District of California on [date] in the case of [insert
8 || case name and number]. | agree to comply with and to be bound by all terms of
9 || this Stipulated Protective Order, and I understand and acknowledge that failure to so
10 || comply could expose me to sanctions and punishment, including contempt. I
A 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 except in strict
13 || compliance with the provisions of this Order.
Z 2 14 I further agree to submit to the jurisdiction of the U.S. District Court for the
2c 15 || Central District of California for the purpose of enforcing the terms of this
16 || Stipulated Protective Order, even if such enforcement proceedings occur after
3
1 17|| termination of this action. I hereby appoint [full
18 || name] of [full address and
19 || telephone number] as my California agent for service of process in connection with
20 || this action or any proceedings related to enforcement of this Stipulated Protective
21 || Order.
22 || Date:
23 || City and State where signed:
24
25 || Printed name:
26
27 || Signature:
28
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9981207. Public record. Not legal advice.