Dominique Ware v. City of Los Angeles

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 1of16 Page ID #:210

1 || Thomas C. Hurrell, State Bar No. 119876

E-Mail: te ee oeeen

2 || Farid Sharaby, State Bar No. 278259

E-Mail: fsharaby@hurrellcantrall.com

3 || Tasha T. Salveron, State Bar No. 336596

E-Mail: tsalveron@hurrelleantrall.com

4 || HURRELL CAN LL LLP

725 8. Bagucrag Street, Suite 3800

5 || Los Angeles, California 90017

Telephone: 13) 426-2000

6 || Facsimile: (213) 426-2020

7 || Attorneys for Defendant, CITY OF LOS ANGELES

8 || DANTE T. PRIDE (SBN 262362)

Conde@oncelaw inn com

9 | ZAC Y I. AVINA (SBN 325460)

SpE endian Ament

10 E PRIDE LAW FIRM

2831 Camino Del Rio S., Ste. 104

, 11 || San Diego, CA 92108

So Tel: 619-516-8166

es 12 || Fax: 619-785-3414

Hess

13/||Attorneys for Plaintiff DOMINIQUE WARE

Fabs

ats 14 UNITED STATES DISTRICT COURT

UO gu8

4 baer 15 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

2 16

17 || DOMINIQUE WARE, an individual, Case No. 2:21-cv-06237 CAS (AGRx)

18 Plaintiff, DISCOVERY MATTER

19 v. STIPULATED [PROPOSED}

PROTECTIVE ORDER

20 || CITY OF LOS ANGELES; and DOES

1-25, inclusive; Judge: Hon. Alicia G. Rosenberg

21 Crtrm.: 550

Defendant.

Be | eres □□□ to Judge Christina A. Snyder,

ourtroom “apy

23

Trial Date: Mav 2. 2023

24

25||1. PURPOSE AND LIMITATIONS

26 Discovery in this action is likely to involve production of confidential or private

27 || information for which special protection from public disclosure and from use for any

28 || purpose other than prosecuting this action may be warranted. Accordingly, the parties

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 2o0f16 Page ID#:211

1 || hereby stipulate to and petition the Court to enter the following [Proposed] Stipulated

2 || Protective Order (hereafter “this Order”). The parties acknowledge that this Order

3 || does not confer blanket protections on all disclosures or responses to discovery; and

4 || that the protection it affords from public disclosure and use extends only to the limited

5 || information or items that are entitled to confidential treatment under the applicable

6 || legal principles.

7\\2. GOOD CAUSE STATEMENT

8 This action is likely to involve confidential information pertaining to personnel

9 || records and other materials subject to privacy protections for which special protection

10 || from public disclosure and from use for any purpose other than prosecution of this

a 11 || action is warranted. Limiting disclosure of these documents to the context of this

ee 12 || litigation as provided herein will, accordingly, further important law enforcement

3 235 13 || objectives and interests, including the safety of personnel and the public, as well as

Z pee 14 || the privacy rights of plaintiff, the individual defendants, and third party witnesses.

3 ae 15 || Such confidential materials and information consists of, among other things, materials

sa 16 || entitled to privileges and/or protections under the following: the United States

° 17 || Constitution, First Amendment; the California Constitution, Article I, Section 1;

18 || California Penal Code 8§ 832.5, 832.7, and 832.8; California Evidence Code §§ 1040

19 ||and 1043, et seqg.; the Privacy Act of 1974, 5 U.S.C. § 552a; Health Insurance

20 || Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, decisional

21 || law relating to such provisions; and information otherwise generally unavailable to

22 || the public; or which may be privileged or otherwise protected from disclosure under

23 || state or federal statutes, court rules, case decisions, or common law. Defendants also

24 || contend that such confidential materials and information consists of materials entitled

25 || to the Official Information Privilege.

26 Confidential information with respect to the Defendant may include: personnel

27 || files; internal investigative files and documents; email and written correspondence

28 records; and policies and procedures that are kept from the public in the ordinary

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 3of16 Page ID#:212

1 || course of business, as well as other items subject to the Official Information Privilege

2||and other privileges. Confidential information with respect to the Plaintiff may

3 |/include: employment and financial records; email and written correspondence

4 || records; and psychological notes, evaluations, and report and treatment plans relating

5 || to the treatment, care, and evaluation of the Plaintiff.

6 The parties reserve the right to challenge a designation of confidentiality

7 || pursuant to the terms set forth under Paragraph 8 of this Order.

8 Accordingly, to expedite the flow of information; to facilitate the prompt

9 ||resolution of disputes over confidentiality of discovery materials; to adequately

10 || protect information the parties are entitled to keep confidential; to ensure that the

11 || parties are permitted to reasonably use such material in preparation for and in conduct

ae 12 || of trial; to address their handling at the end of the litigation; and serve the ends of

ase 13 || justice, a protective order for such information is justified in this matter. It is the

2 B58 14 || intent of the parties that information will not be designated as confidential for tactical

2 ue 15 || reasons and that nothing be so designated without a good faith belief that it has been

oe 16 || maintained in a confidential, non-public manner; and there is good cause why it

~ ° 17 || should not be part of the public record of this case.

18|/}3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

19 SEAL

20 The parties further acknowledge, as set forth in Section 14.3, below, that this

21 || Order does not entitle them to file confidential information under seal; Local Civil

22 || Rule 79-5 sets forth the procedures that must be followed and the standards that will

23 || be applied when a party seeks permission from the court to file material under seal.

24 There is a strong presumption that the public has a right of access to judicial

25 || proceedings and records in civil cases. In connection with non-dispositive motions,

26 || good cause must be shown to support a filing under seal. See Kamakana v. City and

27 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

28 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 4o0f16 Page ID #:213

1 || 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

2 ||cause showing, and a specific showing of good cause or compelling reasons with

3 || proper evidentiary support and legal justification, must be made with respect to

4|| material that a party seeks to file under seal). The parties’ mere designation of

5 || material as “CONFIDENTIAL” does not— without the submission of competent

6 || evidence by declaration, establishing that the material sought to be filed under seal

7 || qualifies as confidential, privileged, or otherwise protectable—constitute good cause.

8 Further, if a party requests sealing related to dispositive motion or trial, then

9 || compelling reasons, not only good cause, for the sealing must be shown, and the relief

10 ||sought shall be narrowly tailored to serve the specific interest to be protected. See

ie 11 || Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010).

3 a 12 Any document that is not confidential, privileged, or otherwise protectable in

3 3 3 13 || its entirety will not be filed under seal if the confidential portions can be redacted. If

Z ee S 14||documents can be redacted, then a redacted version for public viewing, omitting only

2 8 15 || the confidential, privileged, or otherwise protectable portions of the document, shall

og 16 ||be filed. Any application that seeks to file documents under seal in their entirety

= 17 || should include an explanation of why redaction is not feasible.

18/}4. DEFINITIONS

19 4.1 Action: Dominique Ware v. City of Los Angeles, et al. Case No. 2:21-

20 || cv-06237 CAS (AGRx).

21 4.2 Challenging Party: a Party or Non-Party that challenges the designation

22 || of information or items under this Order.

23 4.3. “CONFIDENTIAL” Information or Items: Information (regardless of

24 ||the medium or manner in which it is generated, stored, or maintained) or tangible

25 || things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as

26 || specified above in the Good Cause Statement.

27 4.4 Counsel: General Counsel of Record and House Counsel (as well as

28 || their support staff).

Case 2:24-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page5of16 Page ID#:214

1 4.5 Designating Party: a Party or Non-Party that designated information or

2|\/items that it produces in disclosures or in responses to discovery as

3 || “CONFIDENTIAL.”

4 4.6 Disclosure or Discovery Material: all items or information, regardless

5 || of the medium or manner in which it is generated, stored, or maintained (including,

6 || among other things, testimony, transcripts, and tangible things), that are produced or

7 || generated in disclosures or responses to discovery in this matter.

8 4.7 Expert: a person with specialized knowledge or experience in a matter

9 || pertinent to the litigation who has been retained by a Party or its counsel to serve as

10 || an expert witness or as a consultant in this Action.

a. 11 4.8 House Counsel: attorneys who are employees of a party to this Action.

Age 12 || House Counsel does not include General Counsel of Record or any other outside

3 age 13 || Counsel.

Bos

6 Eas 14 4.9 Non-Party: any natural person, partnership, corporation, association or

: uf 15 || other legal entity not named as a Party to this action.

68 F 16 4.10 General Counsel of Record: attorneys who are not employees of a Party

- ° 17 || to this Action but are retained to represent or advise a Party to this Action and have

18 || appeared in this Action on behalf of that party or are affiliated with a law firm that

19 || has appeared on behalf of that Party, as well as their support staff.

20 4.11 Party: any Party to this Action, including all of its officers, directors,

21 ||employees, consultants, retained experts, and General Counsel of Record (and their

22 || support staffs).

23 4.12 Producing Party: a Party or Non-Party that makes a Disclosure or

24 || produces Discovery Material in this Action.

25 4.13. Professional Vendors: persons or entities that provide litigation support

26 |jservices (e.g., photocopying, videotaping, translating, preparing exhibits or

27 || demonstrations, and organizing, storing, or retrieving data in any form or medium)

28 || and their employees and subcontractors.

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 6of16 Page ID #:215

1 4.14 Protected Material: any Disclosure or Discovery Material that is

2 || designated as “CONFIDENTIAL.”

3 4.15 Producing Party: a Party that makes a Disclosure or produces Discovery

4 || Material to the Receiving Party.

5 4.15 Receiving Party: a Party that receives a Disclosure or Discovery

6 || Material from a Producing Party.

715. SCOPE

8 The protections conferred by this Stipulation and Order cover not only

9 || Protected Material (as defined above), but also (1) any information copied or extracted

10 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of

A, 11 || Protected Material; and (3) any testimony, conversations, or presentations by Parties

Be 12 || or their Counsel (as defined by Sections 4.8 and 4.10) that might reveal Protected

S422 13 ||Material.

Z Bug 14 Any use of Protected Material at trial shall be governed by the orders of the

2 pus 15 || trial judge. This Order does not govern the use of Protected Material at trial.

zs! 16|6. DURATION

° 17 Even after final disposition of this litigation, the confidentiality obligations

18 ||imposed by this Order shall remain in effect until a Designating Party agrees

19 || otherwise in writing or a court order otherwise directs. Final disposition shall be

20 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

21||or without prejudice; and (2) final judgment herein after the completion and

22 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

23 || including the time limits for filing any motions or applications for extension of time

24 || pursuant to applicable law.

25||7. DESIGNATING PROTECTED MATERIAL

26 7.1 Exercise of Restraint and Care in Designating Material for Protection.

27 || Each Party or Non-Party that designates information or items for protection under

28 || this Order must take care to limit any such designation to specific material that

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 7 of 16 Page ID #:216

1 || qualifies under the appropriate standards. The Designating Party must designate for

2 || protection only those parts of material, documents, items or oral or written

3 || communications that qualify so that other portions of the material, documents, items

4 || or communications for which protection is not warranted are not swept unjustifiably

5 || within the ambit of this Order.

6 Mass, indiscriminate, or routinized designations are prohibited. Designations

7\|that are shown to be clearly unjustified or that have been made for an improper

8 || purpose (e.g., to unnecessarily encumber the case development process or to impose

9 || unnecessary expenses and burdens on other parties) may expose the Designating Party

10 || to sanctions.

11 If it comes to a Designating Party’s attention that information or items that it

eb 12 || designated for protection do not qualify for protection, that Designating Party must

3 3g 13 || promptly notify all other Parties that it is withdrawing the inapplicable designation.

z poe 14 7.2 Manner and Timing of Designations. Except as otherwise provided in

all 15 || this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise

a age 16 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

° 17 || under this Order must be clearly so designated before the material is disclosed or

18 || produced.

19 Designation in conformity with this Order requires:

20 (a) for information in documentary form (e.g., paper or electronic

21 ||documents, but excluding transcripts of depositions or other pretrial or trial

22 ||proceedings), that the Producing Party affix at a minimum, the legend

23 ||“ “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

24 || contains protected material. If only a portion of the material on a page qualifies for

25 || protection, the Producing Party also must clearly identify the protected portion(s)

26 || (e.g., by making appropriate markings in the margins).

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

Case 2:24-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 8o0f16 Page ID#:217

1 || which documents it would like copied and produced. During the inspection and before

2 || the designation, all of the materials made available for inspection shall be deemed

3 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

4||copied and produced, the Producing Party must determine which documents, or

5 || portions thereof, qualify for protection under this Order. Then, before producing the

6 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

7 ||to each page that contains Protected Material. If only a portion of the material on a

8 || page qualifies for protection, the Producing Party also must clearly identify the

9 || protected portion(s) (e.g., by making appropriate markings in the margins).

10 (b) for testimony given in depositions that the Designating Party identifies

x; 11 || the Disclosure or Discovery Material on the record, and before the close of the

: ib 12 || deposition all protected testimony.

a Bee 13 (c) for information produced in some form other than documentary and for

z P58 14 || any other tangible items, that the Producing Party affix in a prominent place on the

2 He 15 || exterior of the container or containers in which the information is stored the legend

oa 16 ||“CONFIDENTIAL.” If only a portion or portions of the information warrants

= ° 17 || protection, the Producing Party, to the extent practicable, shall identify the protected

18 || portion(s).

19 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

20 || failure to designate qualified information or items does not, standing alone, waive the

21 || 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||8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

26 8.1 Timing of Challenges. Any Party or Non-Party may challenge a

27 || designation of confidentiality at any time that is consistent with the Court’s

28 || Scheduling Order.

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1 8.2 Meet Confer. The Challenging Party shall initiate the meet and

2 || confer process outlined in Local Rule 37.1, et seq.

3 8.3 Burden Persuasion. The burden of persuasion, in any such

4 || challenge proceeding, shall be on the Designating Party. Frivolous challenges, and

5 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses

6 || and burdens on other parties) may expose the Challenging Party to sanctions. Unless

7 \\the Designating Party has waived or withdrawn the confidentiality designation, all

8 || parties shall continue to afford the material in question the level of protection to which

9 ||it is entitled under the Producing Party’s designation until the Court rules on the

10 || challenge.

‘i, 11/9. ACCESS TO AND USE OF PROTECTED MATERIAL

= Be , 2 9.1 Basic Principles. A Receiving Party may use Protected Material that is

3 238 13 || disclosed or produced by another Party or by a Non-Party in connection with this

□□ 14 || Action only for prosecuting, defending or attempting to settle this Action. Such

2 ae 15 || Protected Material may be disclosed only to the categories of persons and under the

4 mg □ conditions described in this Order. When the Action has been terminated, a Receiving

- ° 17 || Party must comply with the provisions of Section VI, infra.

18 Protected Material must be stored and maintained by a Receiving Party at a

19 || location and in a secure manner that ensures that access is limited to the persons

20 || authorized under this Order.

21 9.2 Disclosure of “CONFIDENTIAL” Information or Jtems. Unless

22 || otherwise ordered by the Court or permitted in writing by the Designating Party, a

23||Receiving Party may disclose any information or item designated

24 || “CONFIDENTIAL” only to:

25 (a) the Receiving Party’s General Counsel of Record in this Action, as well

26 ||as employees of said General Counsel of Record to whom it is reasonably necessary

27 || to disclose the information for this Action;

28 (b) the officers, directors, and employees (including House Counsel) of the

Case 2:21ncv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 100f16 Page ID #:219

1 || Receiving Party to whom disclosure is reasonably necessary for this Action;

2 (c) Experts (as defined in this Order) of the Receiving Party to whom

3||disclosure is reasonably necessary for this Action and who have signed the

4 || “Acknowledgment and Agreement to Be Bound,” attached and hereafter referred to

5 || as “Exhibit A.”

6 (d) the court and its personnel;

7 (e) court reporters and their staff;

8 (f) professional jury or trial consultants, mock jurors, and Professional

9 || Vendors to whom disclosure is reasonably necessary for this Action and who have

10 || signed Exhibit A;

si, 11 (g) the author or recipient of a document containing the information or a

3 □□ _,_12||custodian or other person who otherwise possessed or knew the information,

4 238 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the

Z pee 14 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party

2 eae 15 || requests that the witness sign Exhibit A; and (2) they will not be permitted to keep

wea

16|/any confidential information unless they sign Exhibit A, unless otherwise agreed by

° 17||the Designating Party or ordered by the Court. Pages of transcribed deposition

18 || testimony or exhibits to depositions that reveal Protected Material may be separately

19 || bound by the court reporter and may not be disclosed to anyone except as permitted

20 || under this Order; and

Zi (1) any mediator or settlement officer, and their supporting personnel,

22 || mutually agreed upon by any of the parties engaged in settlement discussions.

23||10. PROTECTED MATERIAL □ SUBPOENAED OR _ ORDERED

24 PRODUCED IN OTHER LITIGATION

25 If a Party is served with a subpoena or a court order issued in other litigation

26 ||that compels disclosure of any information or items designated in this Action as

27 ||““CONFIDENTIAL,” that Party must:

28 (a) promptly notify in writing the Designating Party. Such notification shall

10

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1 || include a copy of the subpoena or court order;

2 (b) promptly notify in writing the party who caused the subpoena or order to

3 || issue in the other litigation that some or all of the material covered by the subpoena

4 || or order is subject to this Order. Such notification shall include a copy of this Order;

5 || and;

6 (c) cooperate with respect to all reasonable procedures sought to be pursued by

7 || the Designating Party whose Protected Material may be affected.

8 If the Designating Party timely seeks a protective order, the Party served with

9 || the subpoena or court order shall not produce any information designated in this action

10 || as “CONFIDENTIAL” before a determination by the Court from which the subpoena

as 11 || or order issued, unless the Party has obtained the Designating Party’s permission. The

: as 12 || Designating Party shall bear the burden and expense of seeking protection in that court

ae se 13 || of its confidential material and nothing in these provisions should be construed as

z HE 14 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful

2 ae 15 || directive from another court.

4 sae 16||11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

~ ° 17 PRODUCED IN THIS LITIGATION

18 (a) The terms of this Order are applicable to information produced by a Non-

19 Party in this Action and designated as “CONFIDENTIAL.” Such information

20 || produced by Non-Parties in connection with this litigation is protected by the

21 ||remedies and relief provided by this Order. Nothing in these provisions should be

22 || construed as prohibiting a Non-Party from seeking additional protections.

23 (b) In the event that a Party is required, by a valid discovery request, to

24 || produce a Non-Party’s confidential information in its possession, and the Party is

25 ||subject to an agreement with the Non-Party not to produce the Non-Party’s

26 || confidential information, then the Party shall:

27 (1) promptly notify in writing the Requesting Party and the Non-Party

28 || that some or all of the information requested is subject to a confidentiality agreement

11

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1 || with a Non-Party;

2 (2) promptly provide the Non-Party with a copy of this Order in this

3 || Action, the relevant discovery request(s), and a reasonably specific description of the

4 || information requested; and

5 (3) make the information requested available for inspection by the Non-

6 || Party, if requested.

(c) If the Non-Party fails to seek a protective order from this Court within

8 || fourteen (14) days of receiving the notice and accompanying information, the

9 || Receiving Party may produce the Non-Party’s confidential information responsive to

10 || the discovery request. If the Non-Party timely seeks a protective order, the Receiving

a 11 || Party shall not produce any information in its possession or control that is subject to

4 5 SO 12 || the confidentiality agreement with the Non-Party before a determination by the Court.

3 ass 13 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense

Z pag 14 || of seeking protection in this Court of its Protected Material.

2 eis 15|)12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

a 16 Ifa Receiving Party learns that, by inadvertence or otherwise, it has disclosed

17 || Protected Material to any person or in any circumstance not authorized under this

18 || Order, the Receiving Party must immediately (a) notify in writing the Designating

19||Party of the unauthorized disclosures; (b) use its best efforts to retrieve all

20 || unauthorized copies of the Protected Material; (c) inform the person or persons to

21 || whom unauthorized disclosures were made of all the terms of this Order; and (d)

22 || request such person or persons to execute Exhibit A.

23||13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24 PROTECTED MATERIAL

Zs When a Producing Party gives notice to Receiving Parties that certain

26 || inadvertently produced material is subject to a claim of privilege or other protection,

27 ||the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

28 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

12

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1 || may be established in an e-discovery order that provides for production without prior

2 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

3||Parties reach an agreement on the effect of disclosure of a communication or

4 || information covered by the attorney-client privilege or work product protection, the

5 || Parties may incorporate their agreement in a subsequent stipulation to the Court.

6||14. MISCELLANEOUS

14.1 Right to Further Relief. Nothing in this Order abridges the right of any

8 || person to seek its modification by the Court in the future.

9 14.2 Right to Assert Other Objections. By stipulating to the entry of this

10 || Order, no Party waives any right it otherwise would have to object to disclosing or

a 11 || producing any information or item on any ground not addressed in this Order.

Se 12 || Similarly, no Party waives any right to object on any ground to use in evidence of any

338 13 || of the material covered by this Order.

2 Hae 14 14.3 Filing Protected Material. A Party that seeks to file under seal any

2 ne 15 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may

es a 16 || only be filed under seal pursuant to a court order authorizing the sealing of the specific

+ 17 || Protected Material at issue. If a Party’s request to file Protected Material under seal

18 || is denied by the Court, then the Receiving Party may file the information in the public

19 || record unless otherwise instructed by the Court.

20)}15. FINAL DISPOSITION

21 After the final disposition of this Action, as defined in Section VI, supra, within

22 ||60 days of a written request by the Designating Party, each Receiving Party must

23 || return all Protected Material to the Producing Party or destroy such material. As used

24|\in this subdivision, “all Protected Material” includes all copies, abstracts,

25 || compilations, summaries, and any other format reproducing or capturing any of the

26 || Protected Material. Whether the Protected Material is returned or destroyed, the

27 || Receiving Party must submit a written certification to the Producing Party (and, if not

28 || the same person or entity, to the Designating Party) by the 60-day deadline that (1)

13

Case 2:21-cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 140f16 Page ID #:223

1 || identifies (by category, where appropriate) all the Protected Material that was returned

2 ||or destroyed and (2) affirms that the Receiving Party has not retained any copies,

3 || abstracts, compilations, summaries or any other format reproducing or capturing any

4 ||of the Protected Material. Notwithstanding this provision, Counsel are entitled to

5 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

6 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

7 || reports, attorney work product, and consultant and expert work product, even if such

8 materials contain Protected Material. Any such archival copies that contain or

9 || constitute Protected Material remain subject to this Order as set forth in Section 6,

10 || supra.

A, 11||16. VIOLATION

4

SE 12 Any violation of this Order may be punished by appropriate measures

ese

2222 13]{including, without limitation, contempt proceedings and/or monetary sanctions.

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14

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igre 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

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□□ 16

i 17 || Dated: January 12, 2022 THE PRIDE LAW FIRM

18 By: /s/ Zachary I. Avina

DANTE T. PRIDE

19 ZACHARY I. AVINA

20 Attorneys for Plaintiff DOMINIQUE WARE

21 HURRELL CANTRALL LLP

2? By: /s/ Tasha T. Salveron

THOMAS C. HURRELL

23 FARID SHARABY

24 TASHA T. SALVERON

Attorneys for Defendant, CITY OF LOS

25 ANGELES

26

27

28

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Case 2:21;cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 15o0f16 Page ID #:224

1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3 Dated: January 31, 2023 Whar h Keundang,

4 Honorable Alicia G. Rosenburg

5 United States Magistrate Judge

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Case 2:21,;cv-06237-CAS-AGR Document 49 Filed 01/31/23 Page 16o0f16 Page ID #:225

1 ATTACHMENT “A”

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I; [full name], of

4 || [address], declare under penalty of perjury that I have read in its entirety and

5 || understand the Stipulated Protective Order that was issued by the United States

6 || District Court for the Central District of California on [date]

7 ||in the case of Dominique Ware v. City of Los Angeles, et al., United States District

8 || Court for the Central District of California, Central Division, Case No. Case No.

9 || Case No. 2:21-cv-06237 CAS (AGRx). I agree to comply with and to be bound by

10 || all the terms of this Stipulated Protective Order, and I understand and acknowledge

wi 11 || that failure to so comply could expose me to sanctions and punishment in the nature

: as 3 12 || of contempt. I solemnly promise that J will not disclose in any manner any

2 ase 13 || information or item that is subject to this Stipulated Protective Order to any person

Z bes 14 || or entity except in strict compliance with the provisions of this Stipulated Protective

2 eae 15 || Order.

oat 16 I further agree to submit to the jurisdiction of the United States District Court

= ° 17 || for the Central District of California for the purpose of enforcing the terms of this

18 || Stipulated Protective Order, even if such enforcement proceedings occur after

19 || termination of this action. I hereby appoint [full name]

20 || of {address and telephone number]

21 |)as my California agent for service of process in connection with this action or any

22 || proceedings related to enforcement of this Stipulated Protective Order.

23

24 || Signature:

25 || Printed Name:

26 || Date: =

27 || City and State Where Sworn and Signed:

28

16