The opinion
Case 221-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page1of15 Page ID #:282
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10 || QUANTE MAXWELL, a Minor, by
and through his Guardian Ad Litem, Case No. 2:21-cv-09382-SSS-MRW
11 JERRY MAXWELL, RONALD E.
BOGAN, a Minor, by and through his
12 Guardian Ad Litem, JANIE C. STIPULATED PROTECTIVE
JANSANOI, and MALAKI ORDER
13 TURNER, a Minor, by and through
his Guardian Ad Litem, LESLIE (MRW VERSION 4/19)
14 DAVIS,
15 Plaintiff L] Check if submitted without
° material modifications to MRW form
16 Vv.
17
COUNTY OF LOS ANGELES a municipal
18 entity, and DOES 1-30, Inclusive
19
Defendant.
20
21
22 || 1. INTRODUCTION
23 1.1 PURPOSES AND LIMITATIONS
24 Discovery in this action is likely to involve production of confidential,
25 || proprietary, or private information for which special protection from public
26 || disclosure and from use for any purpose other than prosecuting this litigation may
27 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
28 || enter the following Stipulated Protective Order. The parties acknowledge that this
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 2 of 15 Page ID #:283
1 Order does not confer blanket protections on all disclosures or responses to
2 discovery and that the protection it affords from public disclosure and use extends
3 only to the limited information or items that are entitled to confidential treatment
4 under the applicable legal principles. The parties further acknowledge, as set forth
5 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
6 file confidential information under seal; Civil Local Rule 79-5 sets forth the
7 procedures that must be followed and the standards that will be applied when a party
8 seeks permission from the court to file material under seal.
9 1.2 GOOD CAUSE STATEMENT
10 The action arises from the detention of Minor Plaintiffs QUANTE
11 MAXWELL, RONALD BOGAN, and MALAKI TURNER . As explained below,
12 this action is likely to involve materials protected by California Evidence Code
13 section 1040, California Code of Civil Procedure section 129, California Penal
14 Code section 632, the official information privilege or other state or federal statutes,
15 court rules, case decisions, or common law prohibiting dissemination and
16 disclosure. Additionally, this action may involve other proprietary information
17 concerning police practices and security protocols for which special protection from
18 public disclosure and from use for any purpose other than prosecution of this action
19 is warranted.
20 In terms of discovery, Defendants anticipate that a protective order will be
21 necessary in connection with the following items of evidence: 1) the Deputies
22 personnel records, including prior complaints, IA investigations, and administrative
23 discipline. Additionally, there may also be records relating to the minors which
24 should be designated as confidential to preserve their right to privacy.
25 Accordingly, to expedite the flow of information, to facilitate the prompt
26 resolution of disputes over confidentiality of discovery materials, to adequately
27 protect information the parties are entitled to keep confidential, to ensure that the
28 parties are permitted reasonable necessary uses of such material in preparation for
2
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 3 of 15 Page ID #:284
1 and in the conduct of trial, to address their handling at the end of the litigation, and
2 serve the ends of justice, a protective order for such information is justified in this
3 matter. It is the intent of the parties that information will not be designated as
4 confidential for tactical reasons and that nothing be so designated without a good
5 faith belief that it has been maintained in a confidential, non-public manner, and
6 there is good cause why it should not be part of the public record of this case.
7 2. DEFINITIONS
8 2.1 Action: Quante Maxwell, et al. v. County of Los Angeles, et. al.
9 2.2 Challenging Party: a Party or Non-Party that challenges the
10 designation of information or items under this Order.
11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
12 how it is generated, stored or maintained) or tangible things that qualify for
13 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
14 the Good Cause Statement.
15 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
16 their support staff).
17 2.5 Designating Party: a Party or Non-Party that designates information or
18 items that it produces in disclosures or in responses to discovery as
19 “CONFIDENTIAL.”
20 2.6 Disclosure or Discovery Material: all items or information, regardless
21 of the medium or manner in which it is generated, stored, or maintained (including,
22 among other things, testimony, transcripts, and tangible things), that are produced or
23 generated in disclosures or responses to discovery in this matter.
24 2.7 Expert: a person with specialized knowledge or experience in a matter
25 pertinent to the litigation who has been retained by a Party or its counsel to serve as
26 an expert witness or as a consultant in this Action.
27
28
3
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 4 of 15 Page ID #:285
1 2.8 House Counsel: attorneys who are employees of a party to this Action.
2 House Counsel does not include Outside Counsel of Record or any other outside
3 counsel.
4 2.9 Non-Party: any natural person, partnership, corporation, association, or
5 other legal entity not named as a Party to this action.
6 2.10 Outside Counsel of Record: attorneys who are not employees of a
7 party to this Action but are retained to represent or advise a party to this Action and
8 have appeared in this Action on behalf of that party or are affiliated with a law firm
9 which has appeared on behalf of that party, and includes support staff.
10 2.11 Party: any party to this Action, including all of its officers, directors,
11 employees, consultants, retained experts, and Outside Counsel of Record (and their
12 support staffs).
13 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
14 Discovery Material in this Action.
15 2.13 Professional Vendors: persons or entities that provide litigation
16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium)
18 and their employees and subcontractors.
19 2.14 Protected Material: any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL.”
21 2.15 Receiving Party: a Party that receives Disclosure or Discovery
22 Material from a Producing Party.
23
24 3. SCOPE
25 The protections conferred by this Stipulation and Order cover not only
26 Protected Material (as defined above), but also (1) any information copied or
27 extracted from Protected Material; (2) all copies, excerpts, summaries, or
28
4
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 5 of 15 Page ID #:286
1 compilations of Protected Material; and (3) any testimony, conversations, or
2 presentations by Parties or their Counsel that might reveal Protected Material.
3 Any use of Protected Material at trial will be governed by the orders of the
4 trial judge. This Order does not govern the use of Protected Material at trial.
5 Likewise, the mere existence of this stipulation and Order shall not serve as a basis
6 to preclude the admission of any protected materials as evidence at the time of trial.
7 4. DURATION
8 4.1 Except for information specified in 4.2, the confidentiality obligations
9 imposed by this Order will remain in effect until a Designating Party agrees otherwise
10 in writing or a court order otherwise directs. Final disposition will be deemed to be
11 the later of (1) dismissal of all claims and defenses in this Action, with or without
12 prejudice; and (2) final judgment herein after the completion and exhaustion of all
13 appeals, rehearings, remands, trials, or reviews of this Action, including the time
14 limits for filing any motions or applications for extension of time pursuant to
15 applicable law.
16 4.2 If the case proceeds to trial, information designated as CONFIDENTIAL
17 under this protective order that is authorized for use at trial by stipulation, order or is
18 otherwise admitted as an exhibit will become public and will be presumptively
19 available to all members of the public, including the press, unless compelling reasons
20 supported by specific factual findings to proceed otherwise are made to the trial judge
21 in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good
22 cause” showing for sealing documents produced in discovery from “compelling
23 reasons” standard when merits-related documents are part of court record).
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
5
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 6 of 15 Page ID #:287
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,
3 items, or communications for which protection is not warranted are not swept
4 unjustifiably 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) may expose the Designating
9 Party to sanctions.
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
14 this 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 documents,
20 but excluding transcripts of depositions or other pretrial or trial proceedings), that
21 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
22 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
23 portion or portions of the material on a page qualifies for protection, the Producing
24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
25 markings in the margins).
26 A Party or Non-Party that makes original documents available for
27 inspection need not designate them for protection until after the inspecting Party has
28 indicated which documents it would like copied and produced. During the
6
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 7 of 15 Page ID #:288
1 inspection and before the designation, all of the material made available for
2 inspection will be deemed “CONFIDENTIAL.” After the inspecting Party has
3 identified the documents it wants copied and produced, the Producing Party must
4 determine which documents, or portions thereof, qualify for protection under this
5 Order. Then, before producing the specified documents, the Producing Party must
6 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.
7 If only a portion or portions of the material on a page qualifies for protection, the
8 Producing Party also must clearly identify the protected portion(s) (e.g., by making
9 appropriate markings in the margins).
10 (b) for testimony given in depositions that the Designating Party identify the
11 Disclosure or Discovery Material on the record, before the close of the deposition all
12 protected testimony.
13 (c) for information produced in some form other than documentary and for
14 any other tangible items, that the Producing Party affix in a prominent place on the
15 exterior of the container or containers in which the information is stored the legend
16 “CONFIDENTIAL.” If only a portion or portions of the information warrants
17 protection, the Producing Party, to the extent practicable, will identify the protected
18 portion(s).
19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
20 failure to designate qualified information or items does not, standing alone, waive
21 the Designating Party’s right to secure protection under this Order for such material.
22 Upon timely correction of a designation, the Receiving Party must make reasonable
23 efforts to assure that the material is treated in accordance with the provisions of this
24 Order.
25
26
27
28
7
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 8 of 15 Page ID #:289
1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 6.2 Meet and Confer. The Challenging Party will initiate the dispute
6 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1
7 et seq.
8 6.3 The burden of persuasion in any such challenge proceeding will be on
9 the Designating Party. Frivolous challenges, and those made for an improper
10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
11 parties) may expose the Challenging Party to sanctions. Unless the Designating
12 Party has waived or withdrawn the confidentiality designation, all parties will
13 continue to afford the material in question the level of protection to which it is
14 entitled under the Producing Party’s designation until the Court rules on the
15 challenge.
16
17 7. ACCESS TO AND USE OF PROTECTED MATERIAL
18 7.1 Basic Principles. A Receiving Party may use Protected Material that is
19 disclosed or produced by another Party or by a Non-Party in connection with this
20 Action only for prosecuting, defending, or attempting to settle this Action. Such
21 Protected Material may be disclosed only to the categories of persons and under the
22 conditions described in this Order. When the Action has been terminated, a
23 Receiving Party must comply with the provisions of section 13 below (FINAL
24 DISPOSITION).
25 Protected Material must be stored and maintained by a Receiving Party at a
26 location and in a secure manner that ensures that access is limited to the persons
27 authorized under this Order.
28
8
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 9 of 15 Page ID #:290
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 otherwise ordered by the court or permitted in writing by the Designating Party, a
3 Receiving Party may disclose any information or item designated
4 “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
6 well as employees of said Outside Counsel of Record to whom it is reasonably
7 necessary to disclose the information for this Action;
8 (b) the officers, directors, and employees (including House Counsel) of
9 the Receiving Party to whom disclosure is reasonably necessary for this Action;
10 (c) Experts (as defined in this Order) of the Receiving Party to whom
11 disclosure is reasonably necessary for this Action and who have signed the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (d) the Court and its personnel;
14 (e) court reporters and their staff;
15 (f) professional jury or trial consultants, mock jurors, and Professional
16 Vendors to whom disclosure is reasonably necessary for this Action and who have
17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (g) the author or recipient of a document containing the information or a
19 custodian or other person who otherwise possessed or knew the information;
20 (h) during their depositions, witnesses ,and attorneys for witnesses, in the
21 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
22 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
23 will not be permitted to keep any confidential information unless they sign the
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
25 agreed by the Designating Party or ordered by the court. Pages of transcribed
26 deposition testimony or exhibits to depositions that reveal Protected Material may
27 be separately bound by the court reporter and may not be disclosed to anyone except
28 as permitted under this Stipulated Protective Order; and
9
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 10 of 15 Page ID #:291
1 (i) any mediator or settlement officer, and their supporting personnel,
2 mutually agreed upon by any of the parties engaged in settlement discussions.
3
4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5 IN OTHER LITIGATION
6 If a Party is served with a subpoena or a court order issued in other litigation
7 that compels disclosure of any information or items designated in this Action as
8 “CONFIDENTIAL,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification
10 will include a copy of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the subpoena or order
12 to issue in the other litigation that some or all of the material covered by the
13 subpoena or order is subject to this Protective Order. Such notification will include
14 a copy of this Stipulated Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be
16 pursued by the Designating Party whose Protected Material may be affected.
17 If the Designating Party timely seeks a protective order, the Party served with
18 the subpoena or court order will not produce any information designated in this
19 action as “CONFIDENTIAL” before a determination by the court from which the
20 subpoena or order issued, unless the Party has obtained the Designating Party’s
21 permission. The Designating Party will bear the burden and expense of seeking
22 protection in that court of its confidential material and nothing in these provisions
23 should be construed as authorizing or encouraging a Receiving Party in this Action
24 to disobey a lawful directive from another court.
25
26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27 PRODUCED IN THIS LITIGATION
28
10
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 11 of 15 Page ID #:292
1 (a) The terms of this Order are applicable to information produced by a
2 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
3 produced by Non-Parties in connection with this litigation is protected by the
4 remedies and relief provided by this Order. Nothing in these provisions should be
5 construed as prohibiting a Non-Party from seeking additional protections.
6 (b) In the event that a Party is required, by a valid discovery request, to
7 produce a Non-Party’s confidential information in its possession, and the Party is
8 subject to an agreement with the Non-Party not to produce the Non-Party’s
9 confidential information, then the Party will:
10 (1) promptly notify in writing the Requesting Party and the Non-Party
11 that some or all of the information requested is subject to a confidentiality
12 agreement with a Non-Party;
13 (2) promptly provide the Non-Party with a copy of the Stipulated
14 Protective Order in this Action, the relevant discovery request(s), and a reasonably
15 specific description of the information requested; and
16 (3) make the information requested available for inspection by the
17 Non-Party, if requested.
18 (c) If the Non-Party fails to seek a protective order from this court within
19 14 days of receiving the notice and accompanying information, the Receiving Party
20 may produce the Non-Party’s confidential information responsive to the discovery
21 request. If the Non-Party timely seeks a protective order, the Receiving Party will
22 not produce any information in its possession or control that is subject to the
23 confidentiality agreement with the Non-Party before a determination by the court.
24 Absent a court order to the contrary, the Non-Party will bear the burden and expense
25 of seeking protection in this court of its Protected Material.
26
27
28
11
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 12 of 15 Page ID #:293
1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
7 persons to whom unauthorized disclosures were made of all the terms of this Order,
8 and (d) request such person or persons to execute the “Acknowledgment and
9 Agreement to Be Bound” that is attached hereto as Exhibit A.
10
11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
12 PROTECTED MATERIAL
13 When a Producing Party gives notice to Receiving Parties that certain
14 inadvertently produced material is subject to a claim of privilege or other protection,
15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
17 procedure may be established in an e-discovery order that provides for production
18 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
19 (e), insofar as the parties reach an agreement on the effect of disclosure of a
20 communication or information covered by the attorney-client privilege or work
21 product protection, the parties may incorporate their agreement in the stipulated
22 protective order submitted to the court.
23
24 12. MISCELLANEOUS
25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
26 person to seek its modification by the Court in the future.
27 12.2 Right to Assert Other Objections. By stipulating to the entry of this
28 Protective Order no Party waives any right it otherwise would have to object to
12
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 13 of 15 Page ID #:294
1 disclosing or producing any information or item on any ground not addressed in this
2 Stipulated Protective Order. Similarly, no Party waives any right to object on any
3 ground to use in evidence of any of the material covered by this Protective Order.
4 12.3 Filing Protected Material. A Party that seeks to file under seal any
5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
6 only be filed under seal pursuant to a court order authorizing the sealing of the
7 specific Protected Material at issue. If a Party's request to file Protected Material
8 under seal is denied by the court, then the Receiving Party may file the information
9 in the public record unless otherwise instructed by the court.
10
11 13. FINAL DISPOSITION
12 After the final disposition of this Action, as defined in paragraph 4, within 60
13 days of a written request by the Designating Party, each Receiving Party must return
14 all Protected Material to the Producing Party or destroy such material. As used in
15 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
16 summaries, and any other format reproducing or capturing any of the Protected
17 Material. Whether the Protected Material is returned or destroyed, the Receiving
18 Party must submit a written certification to the Producing Party (and, if not the same
19 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
20 (by category, where appropriate) all the Protected Material that was returned or
21 destroyed and (2) affirms that the Receiving Party has not retained any copies,
22 abstracts, compilations, summaries or any other format reproducing or capturing any
23 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
24 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
25 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
26 reports, attorney work product, and consultant and expert work product, even if such
27 materials contain Protected Material. Any such archival copies that contain or
28
13
Case □□□□□□□□□□□□□□□□□□□□□□ Document 41 Filed 10/27/22 Page14o0f15 Page ID #:295
1 || constitute Protected Material remain subject to this Protective Order as set forth in
2 || Section 4 (DURATION).
4 || 14. Any willful violation of this Order may be punished by civil or criminal
5 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
6 || authorities, or other appropriate action at the discretion of the Court.
8 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
10
DATED: October 20, 2022 TONY J. JARAMILLA, PC
12
B By: /S
TONY J. JARAMILLA
14 Attorney for Plaintiffs
15
16 || DATED: October 20, 2022 COLLINS + COLLINS LLP
17
18 By:
ase
19 TOMAS A. GUTERRES
20 CHANDLER A. PARKER
Attorneys for Defendant
21 Attorneys for Defendant
22
23
□□ FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
25
26
DATED: _ 10/27/2022 /S/
27 HON. MICHAEL R. WILNER
58 United States Magistrate Judge
14
Case 2:21-cv-09382-SSS-MRW Document 41 Filed 10/27/22 Page 15 of 15 Page ID #:296
1
2 EXHIBIT A
3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4
5 I, _____________________________ [full name], of _________________
6 [full address], declare under penalty of perjury that I have read in its entirety and
7 understand the Stipulated Protective Order that was issued by the United States
8 District Court for the Central District of California on [date] in the case of
9 ___________ [insert case name and number]. I agree to comply with and to be
10 bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and punishment
12 in the nature of contempt. I solemnly promise that I will not disclose in any manner
13 any information or item that is subject to this Stipulated Protective Order to any
14 person or entity except in strict compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 for 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 __________________________ [full
19 name] of _______________________________________ [full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: ______________________________________
24 City and State where signed: _________________________________
25
26 Printed name: _______________________________
27
28 Signature: __________________________________
15