The opinion
1 KIRAKOSIAN LAW, APC
GREG L. KIRAKOSIAN (SBN 294580)
2 GREG@KIRAKOSIANLAW.COM
644 SOUTH FIGUEROA STREET
3 LOS ANGELES, CALIFORNIA 90017-3411
TELEPHONE: (213) 986-5389
4 FACSIMILE: (213) 477-2355
5 LAW OFFICES OF DALE K. GALIPO
DALE K. GALIPO, ESQ. (SBN 144074)
6 DALEKGALIPO@YAHOO.COM
21800 BURBANK BOULEVARD, SUITE 310
7 WOODLAND HILLS, CA 91367
TELEPHONE: (818) 347-3333
8 FACSIMILE: (818) 347-4118
9 Attorneys for Plaintiffs,
10 JILL WILLIAMS – State Bar No. 221793
ESTHER TEIXEIRA – State Bar No. 346431
11 CARPENTER, ROTHANS & DUMONT, LLP
500 S. Grand Avenue, 19th Floor
12 Los Angeles, CA 90071
(213) 228-0400 / (213) 228-0401 [Fax]
13 jwilliams@crdlaw.com / eteixeira@crdlaw.com
14 Attorneys for Defendants, County of Los Angeles,
Deputy Joshua Corrales and Deputy Ernesto Hernandez
15
16 UNITED STATES DISTRICT COURT
17 CENTRAL DISTRICT OF CALIFORNIA
18
19 JUAN MARQUEZ, an individual; Case No. 2:22-cv-07246-FMO-AGR
LUCIO MARQUEZ, an individual;
20 HILDA GONZALES, an individual; [Hon., Fernando M. Olguin, Dist.
JAVIER MARQUEZ, an individual’ Judge; Hon. Alicia G. Rosenberg,
21 NICHOLAS MARQUEZ, an Magistrate Judge]
individual;
22 Plaintiffs,
v. [DISCOVERY MATTER]
23
JOSHUA CORRALES, an individual; STIPULATED PROTECTIVE
24 ERNESTO HERNANDEZ, an ORDER
individual; COUNTY OF LOS
25 ANGELES, a public entity; and DOES
1 through 10, inclusive,
26 Complaint Filed: 10/04/2022
Defendants. Trial Date: 02/06/2024
27
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action may involve production of confidential, proprietary,
3 or private information for which special protection from public disclosure and from
4 use for any purpose other than prosecuting this litigation may be warranted.
5 Specifically, this action is likely to involve peace officer personnel files and related
6 matter, which Defendants County of Los Angeles, Deputy Joshua Corrales, and
7 Deputy Ernesto Hernandez contend is private, privileged and confidential. This
8 action is also likely to involve sensitive medical records and information which is
9 protected by law. Accordingly, the Parties hereby stipulate to and petition the Court
10 to enter the following Stipulated Protective Order. The Parties acknowledge that
11 this Order does not confer blanket protections on all disclosures or responses to
12 discovery and that the protection it affords from public disclosure and use extends
13 only to the limited information or items that are entitled to confidential treatment
14 under the applicable legal principles. The Parties further acknowledge, as set forth
15 in Section 12.3 below, that this Stipulated Protective Order does not entitle them to
16 file confidential information under seal; Civil Local Rule 79-5 sets forth the
17 procedures that must be followed and the standards that will be applied when a party
18 seeks permission from the Court to file material under seal.
19 B. GOOD CAUSE STATEMENT
20 Defendants contend that there is good cause and a particularized need for a
21 protective order to preserve the interests of confidentiality and privacy in peace
22 officer personnel file records and associated investigative or confidential records for
23 the following reasons.
24 First, Defendants contend that peace officers have a federal privilege of
25 privacy in their personnel file records: a reasonable expectation of privacy therein
26 that is underscored, specified, and arguably heightened by the Pitchess protective
27 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027,
1 1 4665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies
2 to privilege based discovery disputes involving federal claims,” the “state privilege
3 law which is consistent with its federal equivalent significantly assists in applying
4 [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D.
5 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based
6 “privacy rights [that] are not inconsequential” in their police personnel records); cf.
7 Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants
8 further contend that uncontrolled disclosure of such personnel file information can
9 threaten the safety of non-party witnesses, officers, and their families/associates.
10 Second, Defendants contend that municipalities and law enforcement
11 agencies have federal deliberative-executive process privilege, federal official
12 information privilege, federal law enforcement privilege, and federal attorney-client
13 privilege (and/or attorney work product protection) interests in the personnel files of
14 their peace officers – particularly as to those portions of peace officer personnel files
15 that contain critical self-analysis, internal deliberation/decision-making or
16 evaluation/analysis, or communications for the purposes of obtaining or rendering
17 legal advice or analysis – potentially including but not limited to evaluative /
18 analytical portions of Internal Affairs type records or reports, evaluative / analytical
19 portions of supervisory records or reports, and/or reports prepared at the direction of
20 counsel, or for the purpose of obtaining or rendering legal advice Defendants further
21 contend that municipalities and law enforcement agencies have duties to respect the
22 privacy rights of officers and third parties to this litigation, and such duties may bear
23 on the course of discovery in this matter. See Sanchez, 936 F.2d at 1033-1034;
24 Maricopa Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095
25 (9th Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114
26 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D.
27 D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007);
1 1 988). Defendants further contend that such personnel file records are restricted
2 from disclosure by the public entity’s custodian of records pursuant to applicable
3 California law and that uncontrolled release is likely to result in needless intrusion
4 of officer privacy; impairment in the collection of third-party witness information
5 and statements and related legitimate law enforcement investigations/interests; and a
6 chilling of open and honest discussion regarding and/or investigation into alleged
7 misconduct that can erode a public entity’s ability to identify and/or implement any
8 remedial measures that may be required.
9 Third, Defendants contend that, since peace officers do not have the same
10 rights as other private citizens to avoid giving compelled statements, it is contrary to
11 the fundamental principles of fairness to permit uncontrolled release of officers’
12 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d
13 822, 828-830 (1985); cf. U.S. Const., amend V.
14 Accordingly, Defendants contend that, without a protective order preventing
15 such, production of confidential records in the case can and will likely substantially
16 impair and harm defendant public entity’s interests in candid self-critical analysis,
17 frank internal deliberations, obtaining candid information from witnesses,
18 preserving the safety of witnesses, preserving the safety of peace officers and peace
19 officers’ families and associates, protecting the privacy officers of peace officers,
20 and preventing pending investigations from being detrimentally undermined by
21 publication of private, sensitive, or confidential information – as can and often does
22 result in litigation.
23 1.2. Plaintiff does not agree with and does not stipulate to
24 Defendants’ contentions herein above, and nothing in this Stipulation or its
25 associated Order shall resolve the parties’ disagreement, or bind them, concerning
26 the legal statements and claimed privileges set forth above.
27 However, plaintiff agrees that there is Good Cause for a Protective Order so
1 b urden the Court with such issues. Specifically, the parties jointly contend that this
2 Stipulation and its associated Protective Order may avoid harm to any alleged
3 privilege interests by permitting the parties to facilitate discovery with reduced risk
4 that privileged and/or sensitive/confidential information will become matters of
5 public record.
6 1.3. The parties jointly contend that here, there is a particularized
7 need for protection as to certain investigative reports and other records that may be
8 produced, because of the privacy interests at stake therein. Because of these
9 sensitive interests, the parties submit that a Court Order should address these
10 documents rather than a private agreement between the parties.
11 1.4. The parties therefore stipulate that there is Good Cause for, and
12 hereby jointly request that the honorable Court issue/enter, a Protective Order re
13 confidential documents consistent with the terms and provisions of this Stipulation.
14 However, the entry of a Protective Order by the Court pursuant to this Stipulation
15 shall not be construed as any ruling by the Court on the aforementioned legal
16 statements or privilege claims in this section (§ 1), nor shall this section be
17 construed as part of any such Court Order.
18 2. DEFINITIONS
19 2.1 Action: Marquez, et al. vs. County of Los Angeles, et al., Case No.
20 2:22-cv-07246-FMO-AGR
21 2.2 Challenging Party: a Party or Nonparty that challenges the designation
22 of information or items under this Order.
23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
24 how it is generated, stored, or maintained) or tangible things that qualify for
25 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the
26 Good Cause Statement. This material includes, but is not limited to, investigative
27 records and reports, as well as peace officer personnel records as defined by
1 o ther similar confidential records designated as such.
2 2.4 Counsel: Counsel of record for the parties, in-house counsel, and their
3 support staff.
4 2.5 Designating Party: a Party or Nonparty that designates information or
5 items that it produces in disclosures or in responses to discovery as
6 “CONFIDENTIAL.”
7 2.6 Disclosure or Discovery Material: all items or information, regardless
8 of the medium or manner in which it is generated, stored, or maintained (including,
9 among other things, testimony, transcripts, and tangible things), that are produced or
10 generated in disclosures or responses to discovery in this matter.
11 2.7 Expert: a person with specialized knowledge or experience in a matter
12 pertinent to the litigation who has been retained by a Party or its counsel to serve as
13 an expert witness or as a consultant in this action.
14 2.8 House Counsel: attorneys who are employees of a Party to this Action.
15 House Counsel does not include Outside Counsel of Record or any other outside
16 counsel.
17 2.9 Nonparty: any natural person, partnership, corporation, association, or
18 other legal entity not named as a Party to this action.
19 2.10 Outside Counsel of Record: attorneys who are not employees of a
20 Party to this Action but are retained to represent or advise a Party and have appeared
21 in this Action on behalf of that Party or are affiliated with a law firm that has
22 appeared on behalf of that Party, including support staff.
23 2.11 Party: any Party to this Action, including all of its officers, directors,
24 employees, consultants, retained experts, and Outside Counsel of Record (and their
25 support staffs).
26 2.12 Producing Party: a Party or Nonparty that produces Disclosure or
27 Discovery Material in this Action.
1 s upport services (for example, photocopying, videotaping, translating, preparing
2 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or
3 medium) and their employees and subcontractors.
4 2.14 Protected Material: any Disclosure or Discovery Material that is
5 designated as “CONFIDENTIAL.”
6 2.15 Receiving Party: a Party that receives Disclosure or Discovery
7 Material from a Producing Party.
8 3. SCOPE
9 The protections conferred by this Stipulation and Order cover not only
10 Protected Material (as defined above) but also (1) any information copied or
11 extracted from Protected Material; (2) all copies, excerpts, summaries, or
12 compilations of Protected Material; and (3) any testimony, conversations, or
13 presentations by Parties or their Counsel that might reveal Protected Material.
14 Any use of Protected Material at trial will be governed by the orders of the
15 trial judge. This Order does not govern the use of Protected Material at trial.
16 4. DURATION
17 Even after final disposition of this litigation, the confidentiality obligations
18 imposed by this Order will 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 under applicable law.
25 5. DESIGNATING PROTECTED MATERIAL
26 5.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or Non-party that designates information or items for protection under
1 q ualifies 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,
4 items, or communications for which protection is not warranted are not swept
5 unjustifiably 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 (for example, to unnecessarily encumber the case-development process or
9 to impose unnecessary expenses and burdens on other parties) may expose the
10 Designating Party to sanctions.
11 If it comes to a Designating Party’s attention that information or items it
12 designated for protection do not qualify for that level of protection, that Designating
13 Party must promptly notify all other Parties that it is withdrawing the inapplicable
14 designation.
15 5.2 Manner and Timing of Designations. Except as otherwise provided in
16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
18 under this Order must be clearly so designated before the material is disclosed or
19 produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic documents,
22 but excluding transcripts of depositions or other pretrial or trial proceedings), that
23 the Producing Party must affix at a minimum, the legend “CONFIDENTIAL”
24 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected
25 material. If only a portion or portions of the material on a page qualify for
26 protection, the Producing Party must clearly identify the protected portion(s) (e.g.,
27 by making appropriate markings in the margins).
1 n eed not designate them for protection until after the inspecting Party has indicated
2 which documents it would like copied and produced. During the inspection and
3 before the designation, all material made available for inspection must be deemed
4 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
5 copied and produced, the Producing Party must determine which documents, or
6 portions thereof, qualify for protection under this Order. Then, before producing the
7 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
8 to each page that contains Protected Material. If only a portion or portions of the
9 material on a page qualifies for protection, the Producing Party also must clearly
10 identify the protected portion(s) (e.g., by making appropriate markings in the
11 margins). The “CONFIDENTIAL legend” should be placed in the margins or
12 otherwise on the document in a manner that does not unnecessarily obscure the
13 contents of the document or material.
14 (b) for testimony given in depositions that the Designating Party identify the
15 Disclosure or Discovery Material on the record, before the close of the deposition all
16 protected testimony.
17 (c) for information produced in some form other than documentary and for
18 any other tangible items, the Producing Party must affix in a prominent place on the
19 exterior of the container or containers in which the information is stored the legend
20 “CONFIDENTIAL.” If only a portion or portions of the information warrant
21 protection, the Producing Party, to the extent practicable, shall identify the protected
22 portion(s).
23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
24 failure to designate qualified information or items does not, standing alone, waive
25 the Designating Party’s right to secure protection under this Order for that material.
26 Upon timely correction of a designation, the Receiving Party must make reasonable
27 efforts to assure that the material is treated in accordance with the provisions of this
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 shall initiate the dispute
6 resolution process under Local Rule 37.1 et seq.
7 6.3 The burden of persuasion in any such challenge proceeding shall be on
8 the Designating Party. Frivolous challenges, and those made for an improper
9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
10 parties), may expose the Challenging Party to sanctions. Unless the Designating
11 Party has waived or withdrawn the confidentiality designation, all parties shall
12 continue to afford the material in question the level of protection to which it is
13 entitled under the Producing Party’s designation until the Court rules on the
14 challenge.
15 7. ACCESS TO AND USE OF PROTECTED MATERIAL
16 7.1 Basic Principles. A Receiving Party may use Protected Material that is
17 disclosed or produced by another Party or by a Non-party in connection with this
18 Action only for prosecuting, defending, or attempting to settle this Action. Such
19 Protected Material may be disclosed only to the categories of persons and under the
20 conditions described in this Order. When the Action has been terminated, a
21 Receiving Party must comply with the provisions of Section 13 below (FINAL
22 DISPOSITION).
23 Protected Material must be stored and maintained by a Receiving Party at a
24 location and in a secure manner that ensures that access is limited to the persons
25 authorized under this Order.
26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
27 otherwise ordered by the court or permitted in writing by the Designating Party, a
1 “ CONFIDENTIAL” only to:
2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
3 as employees of said Outside Counsel of Record to whom it is reasonably necessary
4 to disclose the information for this Action;
5 (b) the officers, directors, and employees (including House Counsel) of the
6 Receiving Party to whom disclosure is reasonably necessary for this Action;
7 (c) Experts (as defined in this Order) of the Receiving Party to whom
8 disclosure is reasonably necessary for this Action and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (d) the Court and its personnel;
11 (e) court reporters and their staff;
12 (f) professional jury or trial consultants, mock jurors, and Professional
13 Vendors to whom disclosure is reasonably necessary for this Action and who have
14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (g) the author or recipient of a document containing the information or a
16 custodian or other person who otherwise possessed or knew the information;
17 (h) during their depositions, witnesses and attorneys for witnesses in the
18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
19 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
20 will not be permitted to keep any confidential information unless they sign the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
22 agreed by the Designating Party or ordered by the court. Pages of transcribed
23 deposition testimony or exhibits to depositions that reveal Protected Material may
24 be separately bound by the court reporter and may not be disclosed to anyone except
25 as permitted under this Stipulated Protective Order; and
26 (i) any mediator or settlement officer, and their supporting personnel,
27 mutually agreed upon by any of the parties engaged in settlement discussions.
1 8 . PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
2 IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must
6 (a) promptly notify in writing the Designating Party. Such notification must
7 include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or order to
9 issue in the other litigation that some or all of the material covered by the subpoena
10 or order is subject to this Protective Order. Such notification shall include a copy of
11 this Stipulated Protective Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued
13 by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with
15 the subpoena or court order shall not produce any information designated in this
16 action as “CONFIDENTIAL” before a determination by the court from which the
17 subpoena or order issued, unless the Party has obtained the Designating Party’s
18 permission. The Designating Party shall bear the burden and expense of seeking
19 protection in that court of its confidential material and nothing in these provisions
20 should be construed as authorizing or encouraging a Receiving Party in this Action
21 to disobey a lawful directive from another court.
22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
23 PRODUCED IN THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a Non-
25 party in this Action and designated as “CONFIDENTIAL.” Such information
26 produced by Non-Parties in connection with this litigation is protected by the
27 remedies and relief provided by this Order. Nothing in these provisions should be
1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-party’s confidential information in its possession, and the Party is
3 subject to an agreement with the Non-party not to produce the Non-party’s
4 confidential information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the Non-party that
6 some or all of the information requested is subject to a confidentiality agreement
7 with a Non-party;
8 (2) promptly provide the Non-party with a copy of the Stipulated Protective
9 Order, the relevant discovery request(s), and a reasonably specific description of the
10 information requested; and
11 (3) make the information requested available for inspection by the Non-party,
12 if requested.
13 (c) If the Non-party fails to seek a protective order from this court within 14
14 days of receiving the notice and accompanying information, the Receiving Party
15 may produce the Non-party’s confidential information responsive to the discovery
16 request. If the Non-party timely seeks a protective order, the Receiving Party shall
17 not produce any information in its possession or control that is subject to the
18 confidentiality agreement with the Non-party before a determination by the court.
19 Absent a court order to the contrary, the Non-party shall bear the burden and
20 expense of seeking protection in this court of its Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23 Protected Material to any person or in any circumstance not authorized under this
24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
27 people to whom unauthorized disclosures were made of all the terms of this Order,
1 A greement to Be Bound” that is attached hereto as Exhibit A.
2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
3 PROTECTED MATERIAL
4 When a Producing Party gives notice to Receiving Parties that certain
5 inadvertently produced material is subject to a claim of privilege or other protection,
6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
7 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
8 procedure may be established in an e-discovery order that provides for production
9 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
10 (e), insofar as the parties reach an agreement on the effect of disclosure of a
11 communication or information covered by the attorney-client privilege or work
12 product protection, the parties may incorporate their agreement in the stipulated
13 protective order submitted to the court.
14 12. MISCELLANEOUS
15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
16 person to seek its modification by the Court in the future.
17 12.2 Right to Assert Other Objections. By stipulating to the entry of this
18 Protective Order no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in this
20 Stipulated Protective Order. Similarly, no Party waives any right to object on any
21 ground to use in evidence of any of the material covered by this Protective Order.
22 12.3 Filing Protected Material. A Party that seeks to file under seal any
23 Protected Material must comply with Civil Local Rule 79-5. Protected Material
24 may only be filed under seal pursuant to a court order authorizing the sealing of the
25 specific Protected Material at issue. If a Party's request to file Protected Material
26 under seal is denied by the court, then the Receiving Party may file the information
27 in the public record unless otherwise instructed by the Court.
1 1 3. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 4, within 60
3 days of a written request by the Designating Party, each Receiving Party must return
4 all Protected Material to the Producing Party or destroy such material. As used in
5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
6 summaries, and any other format reproducing or capturing any of the Protected
7 Material. Whether the Protected Material is returned or destroyed, the Receiving
8 Party must submit a written certification to the Producing Party (and, if not the same
9 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
10 (by category, when appropriate) all the Protected Material that was returned or
11 destroyed and (2) affirms that the Receiving Party has not retained any copies,
12 abstracts, compilations, summaries, or any other format reproducing or capturing
13 any of the Protected Material. Notwithstanding this provision, Counsel are entitled
14 to retain an archival copy of all pleadings, motion papers, trial, deposition, and
15 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,
16 expert reports, attorney work product, and consultant and expert work product, even
17 if such materials contain Protected Material. Any such archival copies that contain
18 or constitute Protected Material remain subject to this Protective Order as set forth
19 in Section 4 (DURATION).
20 14. SANCTIONS
21 Any violation of this Order may be punished by any and all appropriate measures
22 including, without limitation, contempt proceedings and/or monetary sanctions.
23
24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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1 |) DATED: March 22, 2023 Respectfully submitted,
2 CARPENTER, ROTHANS &
3 DUMONT LLP
4
5 By: /s/ Esther Teixeira
6 Jill Wiliams
Esther Teixeira
7 Attorneys for Defendants
8
DATED: March 22, 2023 Respectfully submitted,
9
10 KIRAKOSIAN LAW, APC
11
12
By: /s/ Shannon Leap
13 Greg L. Kirakosian
14 Shannon Leap
5 Attorney for Plaintiffs
16
17
18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19 || Dated: April 27, 2023 h k runling,
0 HONORABL 4TICTA @ RACENRERG
United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [full name], of _________________
5 [full address], declare under penalty of perjury that I have read in its entirety and
6 understand the Stipulated Protective Order that was issued by the U.S. District Court
7 for the Central District of California on [date] in the case of Juan Marquez, et al. v.
8 Joshua Corrales, et al., USDC Case No. 2:22-cv-07246-FMO-AGR. I agree to
9 comply with and to be bound by all terms of this Stipulated Protective Order, and I
10 understand and acknowledge that failure to so comply could expose me to sanctions
11 and punishment, including contempt. I solemnly promise that I will not disclose in
12 any manner any information or item that is subject to this Stipulated Protective
13 Order to any person or entity except in strict compliance with the provisions of this
14 Order.
15 I further agree to submit to the jurisdiction of the U.S. District Court for the
16 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