Eric Gonzalez v. County of Los Angeles

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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ERIC GONZALEZ, an individual; and Case No.: 2:22-CV-08525-MCS (ASx)

11 JACQUELINE AGUIRRE, an individual,

PROTECTIVE ORDER

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Plaintiffs,

13 v. Action Filed: November 21, 2022

14 Pretrial Conference: Not Set

COUNTY OF LOS ANGELES, a municipal Trial Date: Not Set

15 corporation; LOS ANGELES COUNTY

16 SHERIFF’S DEPARTMENT, a public entity; Assigned to:

SHERIFF ALEX VILLANUEVA, an Hon. Mark C. Scarsi, District Judge

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individual; DEPUTY CESAR DEL Courtroom 7C

18 CASTILLO (#523828) and LUDY

ORELLANA (#513813), all individuals; and All Discovery Matters Referred to:

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DOES 1 through 10, all sued in their Hon. Alka Sagar, Magistrate Judge

20 individual capacities,

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Defendants.

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1 IT IS HEREBY STIPULATED by and between the Parties to Gonzalez v. County

2 of Los Angeles, et al., (Plaintiffs: ERIC GONZALEZ and JACQUELINE AGUIRRE;

3 Defendants: COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF’S

4 DEPARTMENT, ALEX VILLANUEVA, CESAR DEL CASTILLO, and LUDY

5 ORELLANA), by and through their respective counsel of record, that in order to facilitate

6 the exchange of information and documents which may be subject to confidentiality

7 limitations on disclosure due to federal laws, state laws, and privacy rights, the Parties

8 stipulate as follows:

9 I. PURPOSES AND LIMITATIONS

10 As the parties have represented that discovery in this action may involve production

11 of confidential or private information for which special protection from public disclosure

12 and from use for any purpose other than prosecuting this litigation may be warranted, the

13 parties request that the Court enter the following Protective Order. This Order does not

14 confer blanket protections on all disclosures or responses to discovery. The protection it

15 affords from public disclosure and use extends only to the limited information or items

16 that are entitled to confidential treatment under the applicable legal principles. Further, as

17 set forth in Section 13.3, below, this Protective Order does not entitle the parties to file

18 confidential information under seal. Rather, when the parties seek permission from the

19 court to file material under seal, the parties must comply with Civil Local Rule 79-5 and

20 with any pertinent orders of District Judge Mark C. Scarsi and Magistrate Judge Alka

21 Sagar. If any material disclosed or obtained in the course of the instant litigation

22 is intended to be used for any purpose other than prosecuting this litigation, the party

23 seeking public disclosure or dissemination of such materials must first seek approval

24 from the Court.

25 II. GOOD CAUSE STATEMENT

26 This action may involve confidential information pertaining to personnel records

27 and perhaps other materials subject to privacy protections for which special protection

28 from public disclosure and from use for any purpose other than prosecution of this action

1 is warranted. Limiting disclosure of these documents to the context of this litigation as

2 provided herein will, accordingly, further important law enforcement objections and

3 interests, including the safety of personnel and the public, as well as individual privacy

4 rights of plaintiffs, the individual defendants, and third parties. Such confidential

5 materials and information consist of, among other things, materials entitled to privileges

6 and/or protections under the following: The United States and California Constitutions1;

7 Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990); the Privacy Act of

8 1974, 5 U.S.C. § 552; Health Insurance Portability and Accountability Act of 1996

9 (HIPPA); and other decisional law relating to such provisions; and information otherwise

10 generally unavailable to the public, or which may be privileged or otherwise protected

11 from disclosure under state and federal statutes, principles of comity, court rules, case

12 decisions, or common law.

13 Defendants also contend that such confidential materials and information consist

14 of materials entitled to the Official Information Privilege. Confidential information with

15 respect to the Defendants may include but is not limited to: personnel files; internal

16 investigative files and documents; email and written correspondence records; video

17 footage and/or photographs; psychological and medical notes, evaluations, reports, and

18 treatment plans; policies and procedures that are kept from the public in the ordinary

19 course of business, as well as other information that is not generally available to the public

20 and is subject to the Official Information Privilege and other privileges.

21 Testimony taken at a deposition may be designated as Confidential by making a

22 statement to that effect on the record at the deposition. Arrangements shall be made with

23 the court reporter transcribing the deposition to separately bind such portions of the

24 transcript containing information designated as Confidential, and to label such portions

25 appropriately. Confidential photographs, video or audio footage obtained through the

26 course of discovery or otherwise may not be used for any purpose other than litigating

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1 Plaintiffs do not agree that the United States Constitution confers a privilege that

28 precludes or limits production.

1 this lawsuit. The parties agree to refrain from directly or indirectly disclosing or publicly

2 disseminating confidential records, deposition testimony, and/or photographs, video or

3 audio footage obtained through the course of discovery or otherwise, specifically

4 including, but not limited to, dissemination via billboard advertisements, print and online

5 media organizations, or any other internet posting or social media. If any party intends to

6 use such confidential materials for any purpose other than litigating this lawsuit, the party

7 seeking public disclosure must follow the procedure set forth in Part VII infra.

8 In light of the nature of the claims and allegations in this case and the parties’

9 representations that discovery in this case may involve the production of confidential

10 records, and to expedite the flow of information, to facilitate the prompt resolution of

11 disputes over confidentiality of discovery materials, to adequately protect information the

12 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable

13 necessary uses of such material in connection with this action, to address their handling

14 of such material at the end of the litigation, and to serve the ends of justice, a protective

15 order for such information is justified in this matter. The parties shall not designate any

16 information/documents as confidential without a good faith belief that such

17 information/documents have been maintained in a confidential, non-public manner, and

18 that there is good cause or a compelling reason why it should not be part of the public

19 record of this case.

20 III. DEFINITIONS

21 3.1 Action: this pending federal lawsuit, Gonzalez v. County of Los Angeles, et al.,

22 Case No. 2:22-CV-08525-MCS-AS.

23 3.2 Challenging Party: a Party or Non-Party that challenges the designation of

24 information or items under this Order.

25 3.3. Confidential: information or items (regardless of how it is generated, stored or

26 maintained) or tangible things that qualify for protection under Federal Rule of Civil

27 Procedure 26(c), and as specified above in the Good Cause Statement.

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1 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

2 support staff).

3 3.5 Expert: a person with specialized knowledge or experience in a matter pertinent

4 to the litigation who has been retained by a Party or its counsel to serve as an expert

5 witness or as a consultant in this Action.

6 3.6 House Counsel: attorneys who are employees of a party to this Action. House

7 Counsel does not include Outside Counsel of Record or any other outside counsel.

8 3.7 Non-Party: any natural person, partnership, corporation, association, or other

9 legal entity not named as a Party to this action.

10 3.8 Outside Counsel of Record: attorneys who are not employees of a party to this

11 Action but are retained to represent or advise a party to this Action and have appeared in

12 this Action on behalf of that party or are affiliated with a law firm which has appeared on

13 behalf of that party, and includes support staff.

14 3.9 Party: any party to this Action, including all of its officers, directors,

15 employees, consultants, retained experts, and Outside Counsel of Record (and their

16 support staffs).

17 3.10 Professional Vendors: persons or entities that provide litigation support

18 services (e.g., photocopying, videotaping, translating, preparing exhibits or

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

20 their employees and subcontractors.

21 3.11 Protected Material: item or information produced by any Party that the

22 producing Party designates as Confidential as defined in 3.3 supra.

23 3.12 Receiving Party: a party or his / her / its counsel to this litigation that receives

24 the Protective Material defined above.

25 3.13 Designating Party: a Party or Non-Party that designated information or items

26 that it produces in disclosures or in response to discovery as “CONFIDENTIAL.”

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1 IV. SCOPE

2 The protections conferred by this Order cover not only Protected Material (as

3 defined above), but also (1) any information copied or extracted from Protected Material;

4 (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any

5 deposition testimony, conversations, or presentations by Parties or their Counsel that

6 reveal Protected Material, other than during a court hearing or at trial.

7 Any use of Protected Material during a court hearing or at trial shall be governed

8 by the orders of the presiding judge. This Order does not govern the use of Protected

9 Material during a court hearing or at trial.

10 V. DURATION

11 Should this Action proceed to trial or to a determination on its merits via a

12 F.R.Cv.P. 56 motion, and in connection therewith any or all of the Protected Material is

13 offered as evidence, the disclosure after final disposition of Protected Material offered as

14 evidence shall be subject to Kamakana v. City and County of Honolulu, 447 F.3d 1172,

15 1180–81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents

16 produced in discovery from “compelling reasons” standard when merits-related

17 documents are submitted as part of court record), or the controlling authority at the time

18 of the requested disclosure.

19 Except for Protected Material offered in evidence as described in the preceding

20 paragraph, even after final disposition of this litigation the confidentiality obligations

21 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in

22 writing, the confidential item or information has been de-designated in accordance with

23 Part VII infra, or a court order otherwise directs. Final disposition shall be deemed to be

24 the later of (1) dismissal of all claims and defenses in this Action, with or without

25 prejudice; and (2) final judgment herein after the completion and exhaustion of all

26 appeals, rehearing’s, remands, trials, or reviews of this Action, including the time limits

27 for filing any motions or applications for extension of time pursuant to applicable law.

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1 VI. DESIGNATING PROTECTED MATERIAL

2 6.1 Exercise of Restraint and Care in Designating Material for Protection. Each

3 Party or Non-Party that designates information or items for protection under this Order

4 must take care to limit any such designation to specific material that qualifies under the

5 appropriate standards. The Designating Party must designate for protection only those

6 parts of material, documents, items, or oral or written communications that qualify so that

7 other portions of the material, documents, items, or communications for which protection

8 is not warranted are not swept unjustifiably within the ambit of this Order.

9 Mass, indiscriminate, or routinized designations are prohibited. Designations that

10 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

11 to unnecessarily encumber the case development process or to impose unnecessary

12 expenses and burdens on other parties) may expose the Designating Party to sanctions. If

13 it comes to a Designating Party’s attention that information or items that it designated for

14 protection do not qualify for protection, that Designating Party must promptly notify all

15 other Parties that it is withdrawing the inapplicable designation.

16 6.2 Manner and Timing of Designations. Except as otherwise provided in this Order

17 (see, e.g., second paragraph of Section 6.2(a) below), or as otherwise stipulated or

18 ordered, Disclosure or Discovery Material that qualifies for protection under this Order

19 must be clearly so designated before the material is disclosed or produced.

20 Designation in conformity with this Order requires:

21 (a) for information in documentary form (e.g., paper or electronic documents, but

22 excluding transcripts of depositions), that the Producing Party affix at a minimum, the

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

24 contains protected material. If only a portion or portions of the material on a page qualifies

25 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

26 by making appropriate markings in the margins).

27 A Party or Non-Party that makes original documents available for inspection need

28 not designate them for protection until after the inspecting Party has indicated which

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

2 designation, all of the material 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 portions

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

6 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page

7 that contains Protected Material. If only a portion or portions of the material on a page

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

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

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

11 record, before the close of the deposition as protected testimony. Confidential

12 photographs, video or audio footage taken at a deposition may not be used for any purpose

13 other than litigating this lawsuit. The parties agree to refrain from directly or indirectly

14 disclosing or publicly disseminating confidential deposition testimony, and/or

15 photographs, video or audio footage obtained through the course of discovery or

16 otherwise, specifically including, but not limited to, print and online media organizations,

17 or any other internet posting or social media. If any party intends to use such materials

18 for any purpose other than litigating this lawsuit, the party seeking public disclosure must

19 first seek approval from the Court.

20 (c) for information produced in some form other than documentary and for any

21 other tangible items, that the Producing Party affix in a prominent place on the exterior

22 of the container or containers in which the information is stored the legend

23 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,

24 the Producing Party, to the extent practicable, shall identify the protected portion(s).

25 (d) The legend “CONFIDENTIAL” shall be affixed to documents and other

26 tangible items in a manner that does not obscure the information contained thereon.

27 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

28 designate qualified information or items does not, standing alone, waive the Designating

1 Party’s right to secure protection under this Order for such material. Upon timely

2 correction of a designation, the Receiving Party must make reasonable efforts to assure

3 that the material is treated in accordance with the provisions of this Order.

4 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

5 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of

6 confidentiality at any time that is consistent with the Court’s Scheduling Order.

7 7.2 In the event that counsel for a Party receiving Documents, Testimony or

8 Information in discovery designated as “Confidential” objects to such designation with

9 respect to any or all of such items, said counsel shall advise in writing counsel for the

10 Designating Party of the specific Documents, Testimony or Information to which each

11 objection pertains, and the specific reasons and support for such objections (the

12 “Designation Objections”). Designating Party’s Counsel shall have thirty (30) days from

13 receipt of the written Designation Objections to either (a) agree in writing to de-designate

14 Documents, Testimony or Information pursuant to any or all of the Designation

15 Objections and/or (b) file a motion with the Court seeking to uphold any or all

16 designations on Documents, Testimony or Information addressed by the Designation

17 Objections (the “Designation Motion”). Pending a resolution of the Designation Motion

18 by the Court, any and all existing designations on the Documents, Testimony or

19 Information at issue in such Motion shall remain in place. The Designating Party shall

20 have the burden on any Designation Motion of establishing the applicability of its

21 “Confidential” designation. In the event that the Designation Objections are neither timely

22 agreed to nor timely addressed in the Designation Motion, then such Documents,

23 Testimony or Information shall be de-designated in accordance with the Designation

24 Objection applicable to such material.

25 7.3 The burden of persuasion in any such challenge proceeding shall be on the

26 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

27 to harass or impose unnecessary expenses and burdens on other parties) may expose the

28 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

1 the confidentiality designation, all parties shall continue to afford the material in question

2 the level of protection to which it is entitled under the Producing Party’s designation until

3 the Court rules on the challenge.

4 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL

5 8.1 Basic Principles. A Receiving Party may use Protected Material that is

6 disclosed or produced by another Party or by a Non-Party in connection with this Action

7 only for prosecuting, defending, or attempting to settle this Action. Such Protected

8 Material may be disclosed only to the categories of persons and under the conditions

9 described in this Order. When the Action has been terminated, a Receiving Party must

10 comply with the provisions of Section 14 below.

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

12 and in a secure manner that ensures that access is limited to the persons authorized under

13 this Order.

14 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

15 ordered by the court or permitted in writing by the Designating Party, a Receiving Party

16 may disclose any information or item designated “CONFIDENTIAL” only to:

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

18 employees of said Outside Counsel of Record to whom it is reasonably necessary to

19 disclose the information for this Action;

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

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

22 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

23 reasonably necessary for this Action and who have agreed to be bound by this Order (see

24 Exhibit A);

25 (d) the court and its personnel;

26 (e) court reporters and their staff;

27 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to

28 whom disclosure is reasonably necessary for this Action and who have agreed to be bound

1 by this Order (see Exhibit A);

2 (g) the author or recipient of a document containing the information or a custodian

3 or other person who otherwise possessed or knew the information;

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

5 to whom disclosure is reasonably necessary provided: (1) the deposing party secures the

6 witness and his or her attorney’s agreement to be bound by this Order (see Exhibit A);

7 and (2) they will not be permitted to keep any confidential information unless they agree

8 to be bound this Order, unless otherwise agreed by the Designating Party or ordered by

9 the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

10 Protected Material may be separately bound by the court reporter and may not be

11 disclosed to anyone except as permitted under this Order; and

12 (i) any mediator or settlement officer, and their supporting personnel, mutually

13 agreed upon by any of the parties engaged in settlement discussions.

14 IX. DISCLOSURE OF PROTECTED MATERIAL

15 If a Party seeks to disclose items designated as “CONFIDENTIAL” to a person or

16 entity other than those identified in paragraph 8.2 supra, that Party must promptly notify

17 in writing the Designating Party and identify the items to be disclosed and the person or

18 entities to whom the Party seeks to disclose the items. Unless compelled by law or order

19 of a court to disclose by an earlier date, the Party shall not disclose the items for at least

20 thirty (30) days from the Designating Party’s receipt of the written notice described above,

21 to enable the Designating Party to file a motion with the Court precluding the disclosure

22 of the items. Pending a resolution of the motion, there shall be no disclosure of items

23 except to persons or entities described in paragraph 8.2 supra. If, however, the

24 Designating Party does not file a motion within thirty (30) days of receipt of the

25 aforementioned notice, then the items may thereafter be disclosed to persons or entities

26 not identified in paragraph 8.2 supra.

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

28 compels disclosure of any information or items designated in this Action as

1 “CONFIDENTIAL,” that Party must:

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

3 a copy of the subpoena or court order unless prohibited by law;

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

5 in the other litigation that some or all of the material covered by the subpoena or order is

6 subject to this Protective Order. Such notification shall include a copy of this Protective

7 Order; and

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

9 Designating Party whose Protected Material may be affected.

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

11 subpoena or court order shall not produce any information designated in this action as

12 “CONFIDENTIAL” before a determination by the court from which the subpoena or

13 order issued, unless the Party has obtained the Designating Party’s permission, or unless

14 otherwise required by the law or court order. The Designating Party shall bear the burden

15 and expense of seeking protection in that court of its confidential material and nothing in

16 these provisions should be construed as authorizing or encouraging a Receiving Party in

17 this Action to disobey a lawful directive from another court.

18 X. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

19 IN THIS LITIGATION

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

21 in this Action and designated as “CONFIDENTIAL.” Such information produced by

22 Non-Parties in connection with this litigation is protected by the remedies and relief

23 provided by this Order. Nothing in these provisions should be construed as prohibiting a

24 Non-Party from seeking additional protections.

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

26 Non-Party’s confidential information in its possession, and the Party is subject to an

27 agreement with the Non-Party not to produce the Non-Party’s confidential information,

28 then the Party shall:

1 (1) promptly notify in writing the Requesting Party and the Non-Party that some or

2 all of the information requested is subject to a confidentiality agreement with a Non-

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

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

5 information requested; and

6 (3) make the information requested available for inspection by the Non-Party, if

7 requested.

8 (c) If a Non-Party represented by counsel fails to commence the process called for

9 by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the notice and

10 accompanying information or fails contemporaneously to notify the Receiving Party that

11 it has done so, the Receiving Party may produce the Non-Party’s confidential information

12 responsive to the discovery request. If an unrepresented Non-Party fails to seek a

13 protective order from this court within 14 days of receiving the notice and accompanying

14 information, the Receiving Party may produce the Non-Party’s confidential information

15 responsive to the discovery request. If the Non-Party timely seeks a protective order, the

16 Receiving Party shall not produce any information in its possession or control that is

17 subject to the confidentiality agreement with the Non-Party before a determination by the

18 court unless otherwise required by the law or court order. Absent a court order to the

19 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

20 court of its Protected Material.

21 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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

24 Protective Order, the Receiving Party must immediately (a) notify in writing the

25 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

26 unauthorized copies of the Protected Material, (c) inform the person or persons to whom

27 unauthorized disclosures were made of all the terms of this Order, and (d) request such

28 person or persons to agree to the terms of this Order (see Exhibit A).

1 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

3 When a Producing Party gives notice to Receiving Parties that certain inadvertently

4 produced material is subject to a claim of privilege or other protection, the obligations of

5 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

6 This provision is not intended to modify whatever procedure may be established in an e-

7 discovery order that provides for production without prior privilege review. Pursuant to

8 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

9 effect of disclosure of a communication or information covered by the attorney-client

10 privilege or work product protection, the parties may incorporate their agreement into this

11 Protective Order.

12 XIII. MISCELLANEOUS

13 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person

14 to seek its modification by the Court in the future.

15 13.2 Right to Assert Other Objections. No Party waives any right it otherwise

16 would have to object to disclosing or producing any information or item on any ground

17 not addressed in this Protective Order. Similarly, no Party waives any right to object on

18 any ground to use in evidence of any of the material covered by this Protective Order.

19 13.3 Filing Protected Material. A Party that seeks to file under seal any Protected

20 Material must comply with Civil Local Rule 79-5 and with any pertinent orders of the

21 assigned District Judge and Magistrate Judge. If a Party's request to file Protected Material

22 under seal is denied by the court, then the Receiving Party may file the information in the

23 public record unless otherwise instructed by the court.

24 XIV. FINAL DISPOSITION

25 After the final disposition of this Action, as defined in Section 5, within 60 days of

26 a written request by the Designating Party, each Receiving Party must return all Protected

27 Material to the Producing Party or destroy such material. As used in this subdivision, “all

28 Protected Material” includes all copies, abstracts, compilations, summaries, and any other

1 format reproducing or capturing any of the Protected Material. Whether the Protected

2 Material is returned or destroyed, the Receiving Party must submit a written certification

3 to the Producing Party (and, if not the same person or entity, to the Designating Party) by

4 the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected

5 Material that was returned or destroyed and (2) affirms that the Receiving Party has not

6 retained any copies, abstracts, compilations, summaries or any other format reproducing

7 or capturing any of the Protected Material. Notwithstanding this provision, Counsel are

8 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and

9 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,

10 expert reports, attorney work product, and consultant and expert work product, even if

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

12 constitute Protected Material remain subject to this Protective Order as set forth in Section

13 5.

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1 || XV. VIOLATION

2 Any violation of this Order may be punished by any and all appropriate measures

3 ||including, without limitation, contempt proceedings and/or monetary sanctions.

4 || IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD.

5

6 ||DATED: April 5, 2023

’ COLLEEN FLYNN

8 DONALD W. COOK

9 Attorneys for Plaintiffs

10 . _ SY

11 By Tipe

Colleen Fifa

12 °

13 PATRICK E. STOCKALPER

14 MOLSHREE GUPTA

Kjar, McKenna & Stockalper, LLP

15 Attorneys for Defendants

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s/ Molshree Gupta

17

By

18 Molshree Gupta

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20 Pursuant to L.R. 5-4.3.4, the filer of this document attests that all other signatories

21 || listed and on whose behalf the filing is submitted, concur in the filing’s content and have

22 || authorized the filing.

23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24 DATED: April 10, 2023

25

26 Sagar

HON. ALKA SAGAR

27 United States Magistrate Judge

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00155485.DOCX

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], counsel for

4 [identify the party], declare under penalty of perjury that I gave [insert name] of [insert

5 address] a copy of the Stipulated Protective Order that was issued by the United States

6 District Court for the Central District of California on _________ [date] in the case

7 of Eric Gonzalez et al v. County of Los Angeles et al 2:22-CV-08525-MCS (ASx). I

8 secured the agreement of [insert name] to be bound by all the terms of this Stipulated

9 Protective Order, and further informed [insert name] that failure to so comply

10 could expose [insert name] to sanctions and punishment in the nature of

11 contempt. I further secured [insert name]’s agreement to submit to the jurisdiction

12 of the United States District Court for the Central District of California for the

13 purpose of enforcing the terms of this Stipulated Protective Order, even if such

14 enforcement proceedings occur after termination of this action.

15 Date: ______________________________________

16 City and State where signed: _________________________________

17 Printed name: _____________________, counsel for [insert party]

18 Signature: __________________________________

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