peace officers have constitutionally-based “privacy rights 3 || [that] are not inconsequential” in their police personnel records
How later courts described this case
- peace officers have constitutionally-based “privacy rights 3 || [that] are not inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
1 || Eugene P. Ramirez (State Bar No. 134865)
epr@manningllp.com
2 Kayleigh Andersen (State Bar No. 306442)
kaa manninglip.com
3 || Jessica Becerra (State Bar No. 325884)
Mosnmenninglip.com
□□ MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
51/801 S. Figueroa St, 15th Floor
Los Angeles, California 90017-3012
6 || Telephone: (213) 624-6900
Facsimile: (213) 624-6999
7
Attorneys for Defendant, COUNTY OF RIVERSIDE
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
= 12 || MANUEL MARTINEZ and Case No.5:22-cv-02144-JGB-SHK
ig MANUELA GARCIA MARTINEZ,
13
Plaintiffs,
14
VS. STIPULATED PROTECTIVE
15 ORDER RE CONFIDENTIAL
COUNTY OF RIVERSIDE, and DOES | DOCUMENTS
16 || 1 through 10, inclusive,
Complaint Filed: 03/04/22
mi 17 Defendant(s).
18
|| TO THE HONORABLE COURT:
20 By and through their counsel of record in this action, MANUEL MARTINEZ
21 l!and MANUELA GARCIA MARTINEZ ("Plaintiffs"), and COUNTY OF
22 || RIVERSIDE ("Defendant") — the parties — hereby stipulate for the purpose of jointly
23 requesting that the honorable Court enter a protective order re confidential documents
24 || in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct.,
||§.D. Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] — as
26 || follows:
27
28
1 GOOD CAUSE STATEMENT
2|}1. A. PURPOSES AND LIMITATIONS.
3 Discovery in this action is likely to involve production of confidential,
4||as proprietary, or private information for which special protection from
5 || public disclosure and from use for any purpose other than prosecuting this litigation
6 || may be warranted. Accordingly, the parties hereby stipulate to and petition the Court
7 || to enter the following Stipulated Protective Order. The parties acknowledge that this
8 ||Order does not confer blanket protections on all disclosures or responses to
9 || discovery and that the protection it affords from public disclosure and use extends
10 || only to the limited information or items that are entitled to confidential treatment
=| ]/under the applicable legal principles. The parties further acknowledge, as set forth in
12 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
13 || file confidential information under seal; Civil Local Rule 79-5 sets forth the
14 || procedures that must be followed and the standards that will be applied when a party
15 □□ seeks permission from the court to file material under seal.
16 B. GOOD CAUSE STATEMENT.
17 Defendant contends that there is good cause and a particularized need for a
18 || protective order to preserve the interests of confidentiality and privacy in peace officer
|| personnel file records and associated investigative or confidential records for the
20 || following reasons.
21 First, Defendant contends that peace officers have a federal privilege of privacy
22 ||in their personnel file records: a reasonable expectation of privacy therein that is
23 || underscored, specified, and arguably heightened by the Pitchess protective procedure
24 || of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034
25 || (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-
26 || 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based
27 ||discovery disputes involving federal claims,” the “state privilege law which is
28 || consistent with its federal equivalent significantly assists in applying [federal]
1 || privilege law to discovery disputes’’); Soto v. City of Concord, 162 F.R.D. 603, 613
2 ||/n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights
3 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code
41/8§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendant further contend that
5 || uncontrolled disclosure of such personnel file information can threaten the safety of
6 ||non-party witnesses, officers, and their families/associates.
7 Second, Defendants contends that municipalities and law enforcement agencies
8 ||have federal deliberative-executive process privilege, federal official information
9 || privilege, federal law enforcement privilege, and federal attorney-client privilege
10 || (and/or attorney work product protection) interests in the personnel files of their peace
]/officers — particularly as to those portions of peace officer personnel files that contain
12 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or
13]|/communications for the purposes of obtaining or rendering legal advice or analysis —
potentially including but not limited to evaluative/analytical portions of Internal
15 || Affairs type records or reports, evaluative/analytical portions of supervisory records
16 |] or reports, and/or reports prepared at the direction of counsel, or for the purpose of
17 || obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa
18 || Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir.
19 || 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654,
20 || 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998);
21 || Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.
||v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendant
23 || further contends that such personnel file records are restricted from disclosure by the
24 || public entity’s custodian of records pursuant to applicable California law and that
25 || uncontrolled release is likely to result in needless intrusion of officer privacy;
26 || impairment in the collection of third-party witness information and statements
27 || and related legitimate law enforcement investigations/interests; and a chilling of
28 ||open and honest discussion regarding and/or investigation into alleged
1 || misconduct that can erode a public entity’s ability to identify and/or implement
2 || any remedial measures that may be required.
3 Third, Defendant contends that, since peace officers do not have the same rights
4||as other private citizens to avoid giving compelled statements, it 1s contrary to the
5 ||fundamental principles of fairness to permit uncontrolled release of officers’
6 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,
7 || 828-830 (1985); cf. U.S. Const., amend V.
8 Accordingly, Defendant contends that, without a protective order preventing
9 ||such, production of confidential records in the case can and will likely substantially
10 ||impair and harm defendant public entity’s interests in candid self-critical analysis,
11/]|frank internal deliberations, obtaining candid information from witnesses, preserving
12 ||/the safety of witnesses, preserving the safety of peace officers and peace officers’
_ 13]||families and associates, protecting the privacy officers of peace officers, and
2 14|/preventing pending investigations from being detrimentally undermined by
15 || publication of private, sensitive, or confidential information — as can and often does
16 || result in litigation.
- 17 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve
18 || the respective interests of the parties without the need to further burden the Court with
19 |)such issues. Specifically, the parties jointly contend that, absent this Stipulation and
20 ||its associated Protective Order, the parties’ respective privilege interests may be
21 ||impaired or harmed, and that this Stipulation and its associated Protective Order may
22 || avoid such harm by permitting the parties to facilitate discovery with reduced risk that
23 || privileged and/or sensitive/confidential information will become matters of public
24 || record.
25 The parties jointly contend that there is typically a particularized need for
26 || protection as to any medical or psychotherapeutic records and autopsy photographs,
27 || because of the privacy interests at stake therein. Because of these sensitive interests,
28 ||a Court Order should address these documents rather than a private agreement
1 || between the parties.
2 The parties therefore stipulate that there 1s Good Cause for, and hereby jointly
3 ||/request that the honorable Court issue/enter, a Protective Order re confidential
4 || documents consistent with the terms and provisions of this Stipulation. However, the
5 |/entry of a Protective Order by the Court pursuant to this Stipulation shall not be
6 ||construed as any ruling by the Court on the aforementioned legal statements or
7 || privilege claims in this section (§ 1), nor shall this section be construed as part of any
8 || such Court Order.
9 2. DEFINITIONS.
10 2.1. Party: any party to this action, including all of its officers, directors,
=| 11]/employees, agents, consultants, retained experts, house counsel and outside counsel
12 || (and/or the support staff thereof).
13 2.2. Disclosure or Discovery Material: all items or information, regardless
14 the medium or manner generated, stored or maintained (including, among other
15 || things, testimony, transcripts, or tangible things) that are produced — or generated in
16 || disclosures or responses to discovery — by any Party in this matter.
17 2.3. “Confidential” Information or Items: information (regardless of the
18 || medium or how generated, stored, or maintained) or tangible things that qualify for
19 || protection under standards developed under Federal Rule of Civil Procedure 26(c)
20 || and/or applicable federal privileges. This material includes, but is not limited to,
21 ||medical records, psychotherapeutic records, and autopsy photographs; as well as
22 || peace officer personnel records as defined by California Penal Code sections 832.8,
23 || 832.5, 832.7 and the associated case law; and other similar confidential records
24 || designated as such.
25 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material
26 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking
27 ||a deposition or comparable testimony.
28 2.5. Producing Party: a Party or non-party that produces Disclosure or
1 || Discovery Material in this action, including a Party that is defending a deposition
2 ||noticed or subpoenaed by another Party; additionally, for the limited purpose of
3 || designating testimony subject to this Stipulation and Order pursuant to section 6.2(b)
4 || (infra), a “Producing Party” shall also be construed to include a Party that is attending
5 || and/or participating in a non-party deposition noticed/subpoenaed by another Party.
6 2.6. Designating Party: a Party or non-party public entity employer of a Party
7 || that designates information or items that it produces in disclosures or in responses to
8 || discovery as “CONFIDENTIAL.”
9 2.7. Protected Material: any Disclosure or Discovery Material that is
10 || designated as “CONFIDENTIAL” under the provisions of this Stipulation and
Protective Order. (The term “Confidential Document” shall be synonymous with the
12 |)term “Protected Material” for the purposes of this Stipulation and any associated
13]| Protective Order.)
2 14 2.8. Outside Counsel: attorneys who are not employees of a Party but who
15 || are retained to represent or advise a Party in this action (as well as their support staffs).
16 2.9. House Counsel: attorneys who are employees of a Party (as well as their
17 || support staffs).
18 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as
19 || well as their support staffs).
20 2.11. Expert: a person with specialized knowledge or experience in a matter
21 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
22 ||an expert witness or as a consultant in this action and who is not a past or a current
23 ||employee of a Party and who, at the time of retention, is not anticipated to become an
24 ||employee of a Party or a competitor of a Party’s; as well as any person retained,
25 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil
26 || Procedure 26(a)(2) or other applicable discovery Rules or statutes.
27 2.12. Professional Vendors: persons or entities that provide litigation support
28 ||services (e.g., photocopying; videotaping; translating; preparing exhibits or
1 ||demonstrations; and/or organizing, storing, retrieving data in any form or medium;
2 ||etc.); and their employees and subcontractors.
3 || 3. SCOPE OF PROTECTION.
4 The protections conferred by this Stipulation and its associated Order cover not
5 || only Protected Material/Confidential Documents (as defined above), but also (1) any
6 ||information copied or extracted from Protected Material; (2) all copies, excerpts,
7\|summaries, or compilations of Protected Material; and (3) any testimony,
8 || conversations, or presentations by Parties or their Counsel that might reveal Protected
9 || Material. However, the protections conferred by this Stipulation and its associated
10 || Order do not cover the following information: (a) any information that is in the public
=| 11)]/domain at the time of disclosure to a Receiving Party or becomes part of the public
12 |) domain after its disclosure to a Receiving Party as a result of publication not involving
_ violation of this Order, including becoming part of the public record through trial or
14 |)otherwise; and (b) any information known to the Receiving Party prior to the
15 || disclosure or obtained by the Receiving Party after the disclosure from a source who
16 || obtained the information lawfully and under no obligation of confidentiality to the
17 || Designating Party.
18 Except to the extent specified herein (if any), any use of Protected Material at
19 || trial shall not be governed by this Order, but may be governed by a separate agreement
20 || or order.
21 Any use of Protected Material at trial shall be governed by the Orders of the
22 || trial judge: this Stipulation and its associated Protective Order do(es) not govern the
23 || use of Protected Material at trial.
24 || 4. DURATION OF PROTECTION.
25 Even after final disposition of this litigation, the confidentiality obligations
26 ||imposed by this Order shall remain in effect until a Designating Party agrees
27 || otherwise in writing or a court order otherwise directs.
28 Final disposition shall be deemed to be the later of (1) dismissal of all claims
1 defenses in this action, with or without prejudice; and (2) final judgment herein
2 ||after the completion and exhaustion of all appeals, rehearings, remands, trials, or
3 || reviews of this action, including the time limits for filing any motions or applications
4 || for extension of time pursuant to applicable law.
5||5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL
6 DOCUMENTS.
7 5.1. Exercise of Restraint and Care in Designating Material for Protection.
8 Each Party or non-party that designates information or items for protection
9 |/under this Stipulation and its associated Order must take care to limit any such
10 || designation to specific material that qualifies under the appropriate standards. A
11)|Designating Party must take care to designate for protection only those parts of
12 || material, documents, items, or oral or written communications that qualify — so that
13 |}other portions of the material, documents, items or communications for which
z 14 || protection is not warranted are not swept unjustifiably within the ambit of this Order.
15 Mass, indiscriminate, or routine designations are prohibited. Designations that
16 || are shown to be clearly unjustified, or that have been made for an improper purpose
17 || (e.g., to unnecessarily encumber or retard the case development process, or to impose
18 |] unnecessary expenses and burdens on other parties), expose the Designating Party to
19 || sanctions.
20 If it comes to a Party’s or a non-party’s attention that information or items that
21 ||it designated for protection do not qualify for protection at all, or do not qualify for
22 || the level of protection initially asserted, that Party or non-party must promptly notify
23 || all other parties that it is withdrawing the mistaken designation.
24 5.2. Manner and Timing of Designations. Except as otherwise provided in
25 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection
26 ||under this Order must be clearly so designated before the material is disclosed or
27 || produced.
28 Designation in conformity with this Order requires:
1 (a) for information in documentary form (apart from transcripts of
2 || depositions or other pretrial or trial proceedings, and regardless of whether produced
3|/in hardcopy or electronic form), that the Producing Party affix the legend
4 || “CONFIDENTIAL” to each page that contains Protected Material. If only a portion
5 || or portions of the material on a page qualifies for protection, the Producing Party also
6 || must clearly identify the protected portion(s) (e.g., by making appropriate markings
7 ||in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The
8 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the
9 || substance of the page’s (or pages’) text or content and shall be in the margin of the
10 || document whenever possible.
a! Il A Party or Non-Party that makes original documents or materials available for
12 || inspection need not designate them for protection until after the inspecting Party has
_ ]/1indicated which material it would like copied and produced. During the inspection
14 |) and before the designation, all of the material made available for inspection shall be
15 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
16 |/it wants copied and produced, the Producing Party must determine which documents,
17 ||or portions thereof, qualify for protection under this Order. Then, before producing
18 |/the specified documents, the Producing Party must affix the “CONFIDENTIAL”
19 || legend to each page that contains Protected Material. If only a portion or portions of
20 || the material on a page qualifies for protection, the Producing Party also must clearly
21 |jidentify the protected portion(s) (e.g., by making appropriate markings in the
22 || margins).
23 (b) for testimony given in deposition or in other pretrial or trial proceedings,
24 || that the Party or non-party offering or sponsoring the testimony identify on the record,
25 ||before the close of the deposition, hearing, or other proceeding, all protected
26 ||testimony, and further specify any portions of the testimony that qualify as
27 || “CONFIDENTIAL.” When it is impractical to identify separately each portion of
28 || testimony that is entitled to protection, and when it appears that substantial portions
1 || of the testimony may qualify for protection, the Producing Party may invoke on the
2 ||record (before the deposition or proceeding is concluded) a right to have up to twenty
3 (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.”
4||Only those portions of the testimony that are appropriately designated as
5 || “CONFIDENTIAL” for protection within the 20 days shall be covered by the
6 || provisions of this Stipulation and its associated Protective Order.
7 The court reporter must affix to each such transcript page containing Protected
8 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party.
9 (c) for information produced in some form other than documentary, and for
10 |] any other tangible items (including but not limited to information produced on disc or
]/electronic data storage device), that the Producing Party affix in a prominent place on
12 || the exterior of the container or containers in which the information or item is stored
13]|the legend “CONFIDENTIAL.” If only portions of the information or item warrant
14 || protection, the Producing Party, to the extent practicable, shall identify the protected
15 || portions, specifying the material as “CONFIDENTIAL.”
16 5.3. Inadvertent Failures to Designate. If timely corrected (preferably,
17 || though not necessarily, within 30 days of production or disclosure of such material),
18|/an inadvertent failure to designate qualified information or items as
19 || “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to
20 ||secure protection under this Stipulation and its associated Order for such material.
21 If material is appropriately designated as “CONFIDENTIAL” after the material
22 || was initially produced, the Receiving Party, on timely notification of the designation,
23 || must make reasonable efforts to assure that the material is treated in accordance with
24 || this Stipulation and its associated Order.
25 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall
26 || not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove
27 |}a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any
28 || other action so as to make it appear that Protected Material is not subject to the terms
1 || and provisions of this Stipulation and its associated Order. However, nothing 1in this
2 ||section shall be construed so as to prevent a Receiving Party from challenging a
3 || confidentiality designation subject to the provisions of section 6, infra.
4 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.
5 6.1. Timing of Challenges. Any Party or Non-Party may challenge a
6||designation of confidentiality at any time that is consistent with the Court's
7 || Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality
8 || designation is necessary to avoid foreseeable substantial unfairness, unnecessary
9 || economic burdens, or a later significant disruption or delay of the litigation, a Party
10 || does not waive its right to challenge a confidentiality designation by electing not to
=| 11)/mount a challenge promptly after the original designation is disclosed.
12 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a
13]/Challenging Party shall initiate a dispute resolution process by providing written
14 |/notice of each specific designation it is challenging, and describing the basis (and
15 |]supporting authority or argument) for each challenge. To avoid ambiguity as to
16 || whether a challenge has been made, the written notice must recite that the challenge
17 ||to confidentiality is being made in accordance with this specific paragraph of the
18 |] associated Protective Order. The parties shall attempt to resolve each challenge in
19 |) good faith and must begin the process by conferring directly (in voice to voice
20 || dialogue, either in person, telephonically, or by other comparable means, but not by
21 || correspondence) within 14 days of the date of service of notice.
22 In conferring, the Challenging Party must explain the specific basis for its belief
23 || that the confidentiality designation was not proper and must give the Designating
24||Party an opportunity to review the designated material, to reconsider the
25 || circumstances, and, if no change in designation is offered, to explain the basis for the
26 ||chosen designation. A Challenging Party may proceed to the next stage of the
27 ||challenge process only if it has engaged in this meet and confer process first or
28 || establishes that the Designating Party is unwilling to participate in the meet and confer
1 || process in a timely manner.
2 Frivolous challenges, and those challenges made for an improper purpose (e.g.,
3 || to harass or impose unnecessary expenses and burdens on other parties), may expose
4 || the Challenging Party to sanctions.
5 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality
6 ||challenge without court intervention, the Challenging Party shall file and serve a
7 || motion to remove confidentiality (under the applicable rules for filing and service of
8 || discovery motions) within 14 days of the parties agreeing that the meet and confer
9 process will not resolve their dispute, or by the first day of trial of this matter,
10 || whichever date is earlier — unless the parties agree in writing to a longer time.
a! Il The parties must strictly comply with Central District Local Rules 37-1 and 37-
12 ||2 Gncluding the joint stipulation re discovery dispute requirement) in any motion
_ associated with this Protective Order.
14 Each such motion must be accompanied by a competent declaration affirming
15 || that the movant has complied with the meet and confer requirements imposed in the
16||preceding paragraph. In addition, the Challenging Party may file a motion
17 |) challenging a confidentiality designation at any time if there is good cause for doing
18 including a challenge to the designation of a deposition transcript or any portions
19 |/thereof. Any motion brought pursuant to this provision must be accompanied by a
20 ||competent declaration affirming that the movant has complied with the meet and
21 || confer requirements imposed by the preceding paragraph.
22 The burden of persuasion in any such challenge proceeding shall be on the
23 || Designating Party, regardless of whether the Designating Party is the moving party or
24 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and
25 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses
26 || and burdens on other parties) may expose the Challenging Party to sanctions. Unless
27 || the Designating Party has waived the confidentiality designation by failing to oppose
28 ||a motion to remove confidentiality as described above, all parties shall continue to
1 || afford the material in question the level of protection to which it is entitled under the
2 || Producing Party’s designation until the court rules on the challenge.
3 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
Designating Party may remove Protected Material/Confidential Documents from
5 ||some or all of the protections and provisions of this Stipulation and its associated
6 || Order at any time by any of the following methods:
7 (a) Express Written Withdrawal. A Designating Party may withdraw a
8||“CONFIDENTIAL” designation made to any specified Protected Material
9 ||/Confidential Documents from some or all of the protections of this Stipulation and
10 || its associated Order by an express withdrawal in a writing signed by such Party (or
11]/such Party’s Counsel, but not including staff of such Counsel) that specifies and
12 |)itemizes the Disclosure or Discovery Material previously designated as Protected
13]| Material/Confidential Documents that shall no longer be subject to all or some of the
14 || provisions of this Stipulation and Order. Such express withdrawal shall be effective
15 |} when transmitted or served upon the Receiving Party. If a Designating Party is
16 || withdrawing Protected Material from only some of the provisions/ protections of this
17 || Stipulation and Order, such Party must state which specific provisions are no longer
18||to be enforced as to the specified material for which confidentiality protection
19 ||hereunder is withdrawn: otherwise, such withdrawal shall be construed as a
20 || withdrawal of such material from all of the protections/provisions of this Stipulation
21 || and Order;
22 (b) Express Withdrawal on the Record. A Designating Party may withdraw
23||}a “CONFIDENTIAL” designation made to any _ specified Protected
24 || Material/Confidential Documents from all of the provisions/protections of this
25 || Stipulation and its associated Order by verbally consenting in court proceedings on
||the record to such withdrawal — provided that such withdrawal specifies the
27 ||Disclosure or Discovery Material previously designated as Protected Material/
28 || Confidential Documents that shall no longer be subject to any of the provisions of this
1 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected
2 || Material from only some of the protections/provisions of this Stipulation and Order
3 || by this method;
4 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A
5 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”
6 || designation made to any specified Protected Material/Confidential Documents from
7 || all of the provisions/protections of this Stipulation and Order by either (1) making
8 || such Protected Material/Confidential Records part of the public record — including
9|/but not limited to attaching such as exhibits to any filing with the court without
10 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely
]/oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to
12 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and
_ 13)/Order shall be construed so as to require any Party to file Protected
2 14 || Material/Confidential Documents under seal, unless expressly specified herein.
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 case
18 |] only for preparing, prosecuting, defending, or attempting to settle this litigation — up
19 | to and including final disposition of the above-entitled action — and not for any other
20 || purpose, including any other litigation or dispute outside the scope of this action.
21 || Such Protected Material may be disclosed only to the categories of persons and under
22 || the conditions described in this Stipulation and its associated Order. When the above
23 || entitled litigation has been terminated, a Receiving Party must comply with the
24 || provisions of section 11, below (FINAL DISPOSITION).
25 Protected Material must be stored and maintained by a Receiving Party at a
26 location and in a secure manner that ensures that access is limited to the persons
27 || authorized under this Stipulation and its Order.
28 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
1 || otherwise ordered by the Court or permitted in writing by the Designating Party, a
2 || Receiving Party may disclose any information or item designated CONFIDENTIAL
3 || only to:
4 (a) the Receiving Party’s Outside Counsel of record in this action, as well
5 ||as employees of such Counsel to whom it is reasonably necessary to disclose the
6 || information for this litigation;
7 (b) the officers, directors, and employees (including House Counsel) of the
8 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each
9 whom, by accepting receipt of such Protected Material, thereby agree to be bound
10 || by this Stipulation and Order;
a! Il (c) Experts (as defined in this Stipulation and Order) of the Receiving Party
12 |}to whom disclosure is reasonably necessary for this litigation — each of whom, by
_ ]/accepting receipt of such Protected Material, thereby agree to be bound by this
2 14 || Stipulation and Order;
15 (d) court reporters, their staffs, and Professional Vendors to whom
16 || disclosure is reasonably necessary for this litigation — each of whom, by accepting
17 ||receipt of such Protected Material, thereby agree to be bound by this Stipulation and
18 || Order;
19 (e) during their depositions, witnesses in the action to whom disclosure is
20 ||reasonably necessary — each of whom, by accepting receipt of such Protected
21||Material, thereby agree to be bound by this Stipulation and Order. Pages of
22 ||transcribed deposition testimony or exhibits to depositions that reveal Protected
23 || Material must have a confidential designation affixed by the court reporter to such
24 || pages containing Protected Material and such may not be disclosed to anyone except
25 || as permitted under this Stipulation and its Protective Order.
26 (f) the author or custodian of a document containing the information that
27 constitutes Protected Material, or other person who otherwise possessed or knew the
28 || information.
l 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected
2 || Material/Confidential Documents to persons to whom this Stipulation and its Order
3 □□ permits disclosure or production (see section 8.2, supra), a Receiving Party shall
4 || provide a copy of this Stipulation and Order to such persons so as to put such persons
5 ||/on notice as to the restrictions imposed upon them herein: except that, for court
6 ||reporters, Professional Vendors, and for witnesses being provided with Protected
7 || Material during a deposition, it shall be sufficient notice for Counsel for the Receiving
8 || Party to give the witness a verbal admonition (on the record, for witnesses) regarding
9 || the provisions of this Stipulation and its Order and such provisions’ applicability to
10 || specified Protected Material at issue.
a! Il 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be
12 ||construed so as to require any Producing Party to designate any records or materials
13]|/as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so
14 |/as to prevent the admission of Protected Material into evidence at the trial of this
15 || action, or in any appellate proceedings for this action, solely on the basis that such
16|/Disclosure or Discovery Material has been designated as _ Protected
17 || Material/Confidential Documents. Notwithstanding the foregoing, nothing in this
18 || Stipulation and Order shall be construed as a waiver of any privileges or of any rights
19 |/to object to the use or admission into evidence of any Protected Material in any
20 || proceeding; nor shall anything herein be construed as a concession that any privileges
21 || asserted or objections made are valid or applicable. Nothing in this Stipulation and
22 □□ Order shall be construed so as to prevent the Designating Party (or its Counsel or
23 || custodian of records) from having access to and using Protected Material designated
24 || by that Party in the manner in which such persons or entities would typically use such
25 || materials in the normal course of their duties or profession — except that the waiver of
26 || confidentiality provisions shall apply (see section 6.4(c), supra).
27 7.5. Requirement to File Confidential Documents Under Seal. Confidential
28 || Documents may be submitted in all law and motion proceedings before the Court if
1 ||done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or
2 || United States District Court, Central District of California Local Rules 79-5.1 and 79-
3||5.2 (as applicable) and pursuant to the provisions of this Stipulation and any
4 || associated Order. If any Receiving Party attaches any Confidential Documents to any
5 || pleading, motion, or other paper to be filed, lodged, or otherwise submitted to the
6 || Court, such Confidential Document(s) shall be filed/lodged under seal pursuant to
|| Federal Rules of Civil Procedure 5.2 and 26 and/or United States District Court,
8 || Central District of California Local Rules 79-5.1 and 79-5.2 to the extent applicable.
9 However, this paragraph ( 7.5) shall not be construed so as to prevent a
10 || Designating Party or counsel from submitting, filing, lodging, or publishing any
=| 11]/document it has previously designated as a Confidential Document without
12 |} compliance with this paragraph’s requirement to do so under seal (1.e., a producing-
_ ]|disclosing party or counsel may submit or publish its own Confidential Documents
14 |] without being in violation of the terms of this Stipulation and its Protective Order).
15 Furthermore, a Receiving Party shall be exempted from the requirements of
this paragraph as to any specifically identified Confidential Document(s) where —
= 17 || prior to the submission or publication of the Confidential Document(s) at issue — the
18 || Designating Party of such specifically identified Confidential Document(s) has
19 || waived/withdrawn the protections of this Stipulation and its Order (pursuant to
20 || paragraph 6.4, supra).
21 A Receiving Party shall also be exempt from the sealing requirements of this
22 || paragraph (4] 7.5) where the Confidential Documents/Protected Material at issue is/are
23 ||not documents, records, or information regarding or incorporating:
24 (1) private, personal information contained in peace officer personnel files
25 ||(such as social security numbers, driver’s license numbers or comparable personal
26 || government identification numbers, residential addresses, compensation or pension
27 || or personal property information, credit card numbers or credit information, dates of
28 || birth, tax records and information, information related to the identity of an officer’s
1 ||family members or co-residents, and comparable personal information about the
2 || officer or his family);
3 (2) any internal affairs or comparable investigation by any law enforcement
4 || agency into alleged officer misconduct; and/or
5 (3) the medical records or records of psychiatric or psychological treatment
6 || of any peace officer or party to this action.
7 Nothing in this paragraph shall be construed to bind the Court or its authorized
8 || staff so as to limit or prevent the publication of any Confidential Documents to the
9 || jury or factfinder, at the time of trial of this matter, where the Court has deemed such
10 || Confidential Documents to be admissible into evidence.
11/8. PROTECTED MATERIAL _ SUBPOENAED OR _ORDERED
13 If a Party is served with a subpoena or a court order issued in other litigation
2 14 |/that compels disclosure of any information or items designated in this action as
15 || “CONFIDENTIAL,” that Party must:
16 (a) promptly notify in writing the Designating Party, preferably (though not
- 17 || necessarily) by facsimile or electronic mail. Such notification shall include a copy of
18 || the subpoena or court order at issue;
19 (b) promptly notify in writing the party who caused the subpoena or order to
20 || issue in the other litigation that some or all of the material covered by the subpoena
21 || or order is subject to this Stipulation and its Protective Order. Such notification shall
22 || include a copy of this Stipulation and its Protective Order; and
23 (c) cooperate with respect to all reasonable procedures sought to be pursued
24 || by all sides in any such situation, while adhering to the terms of this Stipulation and
25 its Order.
26 If the Designating Party timely seeks a protective order, the Party served with
27 || the subpoena or court order shall not produce any information designated in this action
28 || as “CONFIDENTIAL” before a determination by the court from which the subpoena
1 || or order issued, unless the Party has obtained the Designating Party’s permission. The
2 || Designating Party shall bear the burden and expense of seeking protection in that court
3 || of its confidential material — and nothing in these provisions should be construed as
4|| authorizing or encouraging a Receiving Party in this action to disobey a lawful
5 || directive from another court.
6 The purpose of this section is to ensure that the affected Party has a meaningful
7\|opportunity to preserve its confidentiality interests in the court from which the
8 || subpoena or court order issued.
9 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
10 9.1. Unauthorized Disclosure of Protected Material.
a! Il If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
12 |) Protected Material to any person or in any circumstance not authorized under this
Stipulation and Order, the Receiving Party must immediately:
14 (a) notify in writing the Designating Party of the unauthorized disclosures;
15 (b) use its best efforts to retrieve all copies of the Protected Material;
16 (c) inform the person or persons to whom unauthorized disclosures were made
= 17 || of all the terms of this Order; and
18 (d) request such person or persons consent to be bound by the Stipulation and
19 || Order.
20 9.2. Inadvertent Production of Privileged or Otherwise Protected Material.
21 When a Producing Party gives notice to Receiving Parties that certain
22 ||inadvertently produced material is subject to a claim of privilege or other protection,
23 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
24 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
25 || may be established in an e-discovery order that provides for production without prior
26 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
27 ||parties reach an agreement on the effect of disclosure of a communication or
28 || information covered by the attorney-client privilege or work product protection, the
1 || parties may incorporate their agreement in the stipulated protective order submitted
2 || to the court.
3|/10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED.
4 10.1. Filing of Protected Material.
5 Without advance written permission from the Designating Party, or a court
6 || order secured after appropriate notice to all interested persons, a Receiving Party may
7 \|not file in the public record in this action any Protected Material. A Party that seeks
8 || to file under seal any Protected Material must comply with the applicable Federal and
9 || Local Rules.
10 10.2. Public Dissemination of Protected Material.
a! Il A Receiving Party shall not publish, release, post, or disseminate Protected
12 || Material to any persons except those specifically delineated and authorized by this
Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish,
14 release, leak, post, or disseminate Protected Material/Confidential Documents to any
15 ||news media, member of the press, website, or public forum (except as permitted under
16 || section 7.5 regarding filings with the court in this action and under seal).
“| 17/11. FINAL DISPOSITION.
18 Unless otherwise ordered or agreed in writing by the Producing Party, within
19 || thirty (30) days after the final termination of this action (defined as the dismissal or
20 || entry of judgment by the above named court, or if an appeal is filed, the disposition
21 ||of the appeal), upon written request by the Producing Party, each Receiving Party
22 || must return all Protected Material to the Producing Party — whether retained by the
23 || Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non-
24 || party to whom the Receiving Party produced or shared such records or information.
25 As used in this subdivision, “all Protected Material” includes all copies,
26 || abstracts, compilations, summaries or any other form of reproducing or capturing any
27 ||of the Protected Material, regardless of the medium (hardcopy, electronic, or
28 || otherwise) in which such Protected Material is stored or retained.
l In the alternative, at the discretion of the Receiving Party, the Receiving Party
2 || may destroy some or all of the Protected Material instead of returning it — unless such
3 || Protected Material 1s an original, in which case, the Receiving Party must obtain the
4 || Producing Party’s written consent before destroying such original Protected Material.
5 Whether the Protected Material is returned or destroyed, the Receiving Party
6 || must submit a written certification to the Producing Party (and, if not the same person
7 |/or entity, to the Designating Party) within thirty (30) days of the aforementioned
8 || written request by the Designating Party that specifically identifies (by category,
9 || where appropriate) all the Protected Material that was returned or destroyed and that
10 || affirms that the Receiving Party has not retained any copies, abstracts, compilations,
=| 11]}/summaries or other forms of reproducing or capturing any of the Protected material
12 || Gn any medium, including but not limited to any hardcopy, electronic or digital copy,
_ ]/or otherwise).
14 Notwithstanding this provision, Counsel are entitled to retain an archival copy
15 || of all pleadings, motion papers, transcripts, legal memoranda filed with the court in
this action, as well as any correspondence or attorney work product prepared by
= 17 || Counsel for the Receiving Party, even if such materials contain Protected Material;
18 || however, any such archival copies that contain or constitute Protected Material remain
19 |)subject to this Protective Order as set forth in Section 4 (DURATION), above. This
20 || court shall retain jurisdiction in the event that a Designating Party elects to seek court
21 || sanctions for violation of this Stipulation and its Order.
22|}12. MISCELLANEOUS.
23 12.1. Right to Further Relief. Nothing in this Stipulation and its Order
24 || abridges the right of any person to seek its modification by the Court in the future.
25 12.2. Right to Assert Other Objections. By stipulating to the entry of a
26 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise
27 || would have to object to disclosing or producing any information or item on any
28 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any
I right to object on any ground to use in evidence any of the material covered by this
2 || Stipulation and its Protective Order.
3 12.3. This Stipulation may be signed in counterpart and a facsimile or
4 || electronic signature shall be as valid as an original signature.
5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6|
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May
DATED: Arik > , 2023 MANNING & KASS
9 ELLROD, RAMIREZ, TRESTER LLP
10 By: /s/ Kayleigh A. Andersen
«| 1 Eugene P. Ramirez, Esq.
Kayleigh A. Andersen, Esq.
12 Attorneys for Defendant
Al 43 COUNTY OF RIVERSIDE
14)|DATED: April# , 2023 ARCHER & ASSOCIATES
ZA
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17 By: ( C J Coys —~
T. Lance Archer, Esq.
18 Attorneys for Plaintiffs,
19 MANUEL MARTINEZ and MANUELA
MARTINEZ
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1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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3||DATED: May 11, 2023
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> MWe ss
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7 HON. HONORABLE SHASHI H. KEWALRAMANI
United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full
4 name], of [print or type full address], declare
5 || under penalty of perjury that I have read in its entirety and understand the Stipulated
6 || Protective Order that was issued by the United States District Court for the Central
7 || District of California on [date] in the case of | Manuel Martinez, et al.
8 || v. County of Riverside, et al., Case No. 5:22-cv-JGB-SHK. I agree to comply with
9 || and to be bound by all the terms of this Stipulated Protective Order and I understand
10 || and acknowledge that failure to so comply could expose me to sanctions and
=| 11]|punishment in the nature of contempt. I solemnly promise that I will not disclose in
12 |] any manner any information or item that is subject to this Stipulated Protective Order
13]/to any person or entity except in strict compliance with the provisions of this Order.
2 14 I further agree to submit to the jurisdiction of the United States District Court
i 15 || for the Central District of California for the purpose of enforcing the terms of this
16 || Stipulated Protective Order, even if such enforcement proceedings occur after
17 || termination of this action. I hereby appoint [print
18 || or type full name] of [print or type
19 |) full address and telephone number] as my California agent for service of process
20 ||in connection with this action or any proceedings related to enforcement of this
21 || Stipulated Protective Order.
22 || Date:
23 || City and State where sworn and signed:
24 || Printed name:
25 || Signature:
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