peace officers have constitutionally-based 24 || “privacy rights [that] are not inconsequential” in their police personnel records
How later courts described this case
- peace officers have constitutionally-based 24 || “privacy rights [that] are not inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
1 || Mildred K. O'Linn, Esq. (State Bar No. 159055)
mko@manningllp.com
2 ||G. Craig Smith (stat Bar No. 265676)
cs@manningllp.com
3 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
4||801 S. Figueroa St, 15" Floor
Los Angeles, California 90017-3012
5 || Telephone: Gb) 624-6900
Facsimile: (213) 624-6999
6
Attorneys for Defendants,
|| CITY OF REDONDO BEACH, JOSEPH
HOFFMAN, BRIAN WEISS, RYAN HARRISON
8 || and SALVADOR GARCIA
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
< 11
12
oO DANIEL PADILLA, an individual, Case No.: 2:17-cv-03660 JAK(ASx)
z 13 [District Judge John A. Kronstadt;
> Plaintiff, agistrate Judge AlkaSagar]
= 14
<x V.
= 15 PROTECTIVE ORDER
CITY OF REDONDO BEACH, a
16 governmental. entity; JOSEPH
OFFMAN, in his individual capacity;
|| BRIAN WEISS, in his individual |
capacity, RYAN HARRISON, in his
18 || individual capacity, SALVADOR
GARCIA, in his individual capacity,
19 || and DOES 1 through 10,
20 Defendants.
21
22 1. A. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential,
24 || proprietary, or private information for which special protection from public disclosure
25 || and from use for any purpose other than prosecuting this litigation maybe warranted.
Accordingly, the parties hereby stipulate to and petition the Court to enter the
27 || following Stipulated Protective Order. The parties acknowledge that this Order does
28 || not confer blanket protections on all disclosures or responses and that the protection
1 || it affords from public disclosure and use to the limited information or items that are
2 □□ entitled to confidential treatment under the applicable legal principles. The parties
3 || further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
|| Order does not entitle them to file confidential information under seal; Civil Local
5 || Rule 79-5 sets forth the procedures that must be followed and the standards that will
6 || be applied when a party seeks permission from the court to file material under seal.
7 B. GOOD CAUSE STATEMENT
9 1.1. Contentions re Harm from Disclosure of Confidential Materials.
”n 10 Defendants contend that there is good cause and a particularized need for a
2 11 || protective order to preserve the interests of confidentiality and privacy in peace
12 || officer personnel file records and associated investigative or confidential records for
13 || the following reasons.
S$ 14 First, Defendants contend that peace officers have a federal privilege of
15 || privacy in their personnel file records: a reasonable expectation of privacy therein
16 || that is underscored, specified, and arguably heightened by the Pitchess protective
17 || procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027,
18 || 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS
19 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies
20 || to privilege based discovery disputes involving federal claims,” the “state privilege
21 || law which is consistent with its federal equivalent significantly assists in applying
22 || [federal] privilege law to discovery disputes”’);Soto v. City of Concord, 162 F.R.D.
23 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based
24 || “privacy rights [that] are not inconsequential” in their police personnel records); cf-
25 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants
26 || further contend that uncontrolled disclosure of such personnel file information can
27 || threaten the safety of non-party witnesses, officers, and their
28 || families/associates.
1 Second, Defendants contend that municipalities and law enforcement
2 || agencies have federal deliberative-executive process privilege, federal official
3 || information privilege, federal law enforcement privilege, and federal attorney-client
4 || privilege (and/or attorney work product protection) interests in the personnel files of
5 || their peace officers — particularly as to those portions of peace officer personnel files
6 || that contain critical self-analysis, internal deliberation/decision-making or
7 || evaluation/analysis, or communications for the purposes of obtaining or rendering
8 || legal advice or analysis — potentially including but not limited to
9 || evaluative/analytical portions of Internal Affairs type records or reports,
”n 10 || evaluative/analytical portions of supervisory records or reports, and/or reports
2 11 || prepared at the direction of counsel, or for the purpose of obtaining or rendering
= 12 || legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v.
13 || United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162
F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D.
= 15 || Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v.
16 || Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United
17 || States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further
18 || contend that such personnel file records are restricted from disclosure by the public
19 || entity’s custodian of records pursuant to applicable California law and that
20 |) uncontrolled release is likely to result in needless intrusion of officer privacy;
21 |)impairment in the collection of third-party witness information and statements and
22 || related legitimate law enforcement investigations/interests; and a chilling of open
23 |)and honest discussion regarding and/or investigation into alleged misconduct that
24 |) can erode a public entity’s ability to identify and/or implement any remedial
25 || measures that may be required.
26 Third, Defendants contend that, since peace officers do not have the same
27 || rights as other private citizens to avoid giving compelled statements, it is contrary to
28 || the fundamental principles of fairness to permit uncontrolled release of officers’
1 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d
2 || 822, 828-830 (1985); cf. U.S. Const., amend V.
3 Accordingly, Defendants contend that, without a protective order preventing
4 || such, production of confidential records in the case can and will likely substantially
5 || impair and harm defendant public entity’s interests in candid self-critical analysis,
6 || frank internal deliberations, obtaining candid information from witnesses,
7 || preserving the safety of witnesses, preserving the safety of peace officers and peace
8 || officers’ families and associates, protecting the privacy officers of peace officers,
9 || and preventing pending investigations from being detrimentally undermined by
”n 10 || publication of private, sensitive, or confidential information — as can and often does
2 11 |} result in litigation.
12 1.2. The Parties agree that there is Good Cause for a Protective Order so as
13 || to preserve the respective interests of the parties without the need to further burden
14 || the Court with such issues. Specifically, the parties jointly contend that, absent this
15 || Stipulation and its associated Protective Order, the parties' respective privilege
16 || interests may be impaired or harmed, and that this Stipulation and its associated
17 || Protective Order may avoid such harm by permitting the parties to facilitate
18 || discovery with reduced risk that privileged and/or sensitive/confidential information
19 || will become matters of public record.
20 1.3. The parties jointly contend that there is typically a particularized need
21 || for protection as to any medical or psychotherapeutic records and autopsy
22 || photographs, because of the privacy interests at stake therein. Because of these
23 || sensitive interests, a Court Order should address these documents rather than a
24 || private agreement between the parties.
25 1.4. The parties therefore stipulate that there is Good Cause for, and hereby
26 || jointly request that the honorable Court issue/enter, a Protective Order re confidential
27 || documents consistent with the terms and provisions of this Stipulation. However, the
28 ||/entry of a Protective Order by the Court pursuant to this Stipulation shall not be
1 || construed as any ruling by the Court on the aforementioned legal statements or
2 || privilege claims in this section (§ 1), nor shall this section be construed as part of any
3 |} such Court Order.
4 Accordingly, to expedite the flow of
5 || information, to facilitate the prompt resolution of disputes over confidentiality of
6 || discovery materials, to adequately protect information the parties are entitled to keep
7 ||confidential, to ensure that the parties are permitted reasonable necessary uses of
8 || such material in preparation for and in the conduct of trial, to address their handling
9 || at the end of the litigation, and serve the ends of justice, a protective order for such
”n 10 || information is justified in this matter. It is the intent of the parties that information
2 11 || will not be designated as confidential for tactical reasons and that nothing be so
= 12 || designated without a good faith belief that it has been maintained in a confidential,
13 || non-public manner, and there is good cause why it should not be part of the public
2 14 || record of this case.
= 15 2. DEFINITIONS
2.1 Action: Daniel Padilla v. City of Redondo Beach, et al 2:17-cv-
03660 JAK (ASx)2.2ChallengingParty:aPartyorNon-
6 Partythatchallengesthedesignationof information or items under this
Order.
20
2.3 “CONFIDENTIAL” Information or Items: information (regardless
29 of how it is generated, stored or maintained) or for protection under
23 Federal Rule of Civil Procedure26(c),and as specified above in the
24 Good Cause Statement.
25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
26 their support staff).
2.5 Designating Party: a Party o Non-Party that designates information
1 or items that it produces in disclosures or in responses to discovery as
2 “CONFIDENTIAL.”
3 2.6 Disclosure or Discovery Material: all 1tems or information,
4 regardless of the medium or manner in which it is generated, stored, or
> maintain (including, among other things, testimony, transcripts, and
6 tangible things),that are produced or generated in disclosures or
responses to discovery in this matter.
9 2.7 Expert: a person with specialized knowledge or experience in a
10 matter pertinent to the litigation who has been retained by a Party or its
counsel to serve as an expert witness or as a consultant in this Action.
<x
= 12 2.8 House Counsel: attorneys who are employees of a party to this
> 13 Action. House Counsel does not include Outside Counsel of Record or
= 14 any other outside counsel.
= 15 2.9 Non-Party: any natural person, partnership, corporation, association,
16 or other legal entity not named as a Party to this action.
17
13 2.10 Outside Counsel of Record: attorneys who are not employees of a
19 party to this Action but are retained to represent or advise a party to this
50 Action and have appeared in this Action on behalf of that party or are
affiliated with a law firm which has appeared on behalf of that party,
and includes support staff.
23 2.11 Party: any party to this Action, including all of its officers,
94 directors, employees, consultants, retained experts, and Outside
25 Counsel of Record(and their support staffs).
26 2.12 Producing Party: a Party or Non-Party that produces Disclosure
27 or Discovery Material in this Action.
28
1 2.13 Professional Vendors: persons or entities that provide litigation
2 support services (¢.g., photocopying, videotaping, translating, preparing
3 exhibits or demonstrations, and organizing, storing, or retrieving data in
4 any form or medium) and their employees and subcontractors.
> 2.14 Protected Material: any Disclosure or Discovery Material that is
6 designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery
9 Material from a Producing Party.
n 10
3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
13 Protected Material (as defined above), but also (1) any information copied or
14 extracted from Protected Material; (2) all copies, excerpts,
= 15 summaries, or compilations of Protected Material; and (3) any testimony,
16 conversations, or presentations by Parties or their Counsel that might reveal
7 Protected Material.
18 Any use of Protected Material at trial shall be governed by the orders of the
19 trial judge. This Order does not govern the use of Protected Material at trial.
20
4. DURATION
9 Even after final disposition of this litigation, the confidentiality obligations
73 imposed by this Order shall remain in effect until a Designating Party agrees
otherwise in writing or a court order otherwise directs. Final disposition shall be
75 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
76 without prejudice; and (2) final judgment hereinafter the completion and
exhaustion of all appeals, re hearings, remands, trials, or reviews of this Action,
28 including the time limits for filing any motions or applications for extension of time
1 || pursuant to applicable law.
2
The terms of this protective order do not extend to the presentation of
° evidence at trial. Any protection sought for documents that are presented at trial
shall be governed by order of the Judge presiding over the trial. Should any
Protected Material become part of the public record at trial or otherwise (such as a
where the Court denies the request to file under seal), this Protective Order shall no
longer apply to the portions which became part of the public record at trial with the
9 exception that any such material must still be returned in compliance with Section
10 13: Final Disposition.
2 1] Should any portion of the Protected Material remain confidential until trial,
< 12 || during any portion of the trial of this action which could entail the discussion or
13 || disclosure of Confidential Information, that Designating Party may request the
2 14 || opportunity to show compelling reasons to the Court as to why access to the
= 15 || courtroom should be limited to parties, their counsel and other designated
16 || representative, experts or consultants who agreed to be bound by this
17 || stipulation/protective order, and court personnel. See Kamakana y. City and County
18 || of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
19 || showing for sealing documents produced in discovery from “compelling reasons”
20 || standard when merits-related documents are part of court record).
21 For all portions of the Protected Material after final disposition of the Trial,
22 || the confidentiality obligations by this Order shall remain in full effect. Final
23 || disposition shall be deemed to be the later of (1) dismissal of all claims and defenses
24 in this Action, with or without prejudice; (2) In any event wherein all remaining
25 || claims in this matter are remanded to State Court or severed from the Federal matter
26 □□ □□□ returned to State Court; and/or (3) final judgment herein after the completion
27 ||and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action,
28 || including the time limits for filing any motions or applications for extension of time
1 || pursuant to applicable law.
2
31/5. DESIGNATING PROTECTIVE MATERIAL
4 5.1 Exercise of Restraint and Care in Designating Material for Protection.
5 || Each Party or Non-Party that designates information or items for protection under
6 || this Order must take care to limit any such designation to specific material that
7 || qualifies under the appropriate standards. The Designating Party must designate for
8 || protection only those parts of material, documents, items, or oral or written.
9 || communications that qualify so that other portions of the material, documents,
”n 10 || items, or communications for which protection is not warranted are not swept
2 11 |} unjustifiably within the ambit of this Order.
12
13 Mass, indiscriminate, or routinized designations are prohibited. Designations
S$ 14 || that are shown to be clearly unjustified or that have been made for an improper
15 || purpose (e.g., to unnecessarily encumber the case development process or to impose
16 || unnecessary expenses and burdens on other parties) may expose the Designating
17 || Party to sanctions.
18
19 If it comes to a Designating Party’s attention that information or items that it
20 || designated for protection do not qualify for protection, that Designating Party must
21 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
22
23 5.2 Manner and Timing of Designations.
24 Except as otherwise provided in this Order (see, e.g., second paragraph of
25 |) section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
26 || Material that qualifies for protection under this Order must be clearly so designated
27 || before the material is disclosed or produced. Designation in conformity with this
28 || Order requires:(a) for information in documentary form (e.g., paper or electronic
1 ||documents, but excluding transcripts of | depositions or other pretrial
2 || or trial proceedings), that the Producing Party affix at a minimum, the legend“
3 || CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
4 || contains protected material. If only a portion or portions of the material on a page
5 || qualifies for protection, the Producing Party also must clearly identify the protected
6 || portion(s) (e.g., by making appropriate markings in the margins).
7 A Party or Non-Party that makes original documents available for inspection
8 || need not designate them for protection until after the inspecting Party has indicated
9 || which documents it would like copied and produced. During the inspection and
”n 10 || before the designation, all of the material made available for inspection shall be
2 11 || deemed “CONFIDENTIAL.” After the inspecting Party has identified
12 || the documents it wants copied and produced, the Producing Party must determine
13 || which documents, or portions thereof, qualify for protection under this Order. Then,
14|| before producing the specified documents, the Producing Party must
15 || affix the“ CONFIDENTIAL legend” to each page that contains Protected Material.
16 || If only a portion or portions of the material on a page qualifies for protection, the
17 || Producing Party also must clearly identify the protected portion(s) (e.g., by making
18 || appropriate markings in the margins).(b) for testimony given in depositions that the
19 || Designating Party identify the Disclosure or Discovery Material on the record,
20 || before the close of the deposition all protected testimony.(c) for information
21 || produced in some form other than documentary and for any other tangible items,
22 || that the Producing Party affix in a prominent place on the exterior of the container
23 || or containers in which the information is stored the legend “CONFIDENTIAL.” If
24 || only a portion or portions of the information warrants protection, the Producing
25 || Party, to the extent practicable, shall identify the protected portion(s).
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
27 || failure to designate qualified information or items does not, standing alone, waive
28 || the Designating Party’s right to secure protection under this Order for such material.
1 || Upon timely correction of a designation, the Receiving Party must make reasonable
2 || efforts to assure that the material is treated in accordance with the provisions of this
3 || Order.
4
5 ||}6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
7 || designation of confidentiality at any time that is consistent with the Court’s
8 || Scheduling Order.
9 6.2 Meet and Confer. The Challenging Party shall initiate the informal dispute
”n 10 || resolution process set forth in the Court's Procedures and Schedules. see
2 11 || http://www.cacd.uscourts.gov/honorable-alka-sagar
= 12 6.3 The burden of persuasion in any such challenge proceeding shall be on the
13 || Designating Party. Frivolous challenges, and those made for an improper purpose
S$ 14 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
15 || expose the Challenging Party to sanctions. Unless the Designating Party has waived
16 || or withdrawn the confidentiality designation, all parties shall continue to afford the
17 || material in question the level of protection to which it is entitled under the
18 || Producing Party’s designation until the Court rules on the
19 || challenge.
20 ACCESS TO AND USE OF PROTECTED MATERIAL
21 7.1 Basic Principles. A Receiving Party may use Protected Material that is
22 || disclosed or produced by another Party or by a Non-Party in connection with this
23 || Action only for prosecuting, defending, or attempting to settle this Action. Such
24 || Protected Material may be disclosed only to the categories of persons and under the
25 || conditions described in this Order. When the Action has been terminated, a
26 || Receiving Party must comply with the provisions of section 13below (FINAL
27 || DISPOSITION).Protected Material must be stored and maintained by a Receiving
28 || Party at a location and in a secure manner that ensures that access is limited to the
1 || persons authorized under this Order.
2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
3 || ordered by the court or permitted in writing by the Designating Party, a Receiving
4 || Party may disclose any information or item designated “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
6 || employees of said Outside Counsel of Record to whom it is reasonably necessary to
7 || disclose the information for this Action;
8 (b) the officers, directors, and employees (including House Counsel) of the
9 || Receiving Party to whom disclosure is reasonably necessary for this Action;
”n 10 (c) Experts (as defined in this Order) of the Receiving Party to whom
2 11 || disclosure is reasonably necessary for this Action and who have signed the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (d) the court and its personnel;
S$ 14 (e) court reporters and their staff;
15 (f) professional jury or trial consultants, mock jurors, and Professional
16 || Vendors to whom disclosure is reasonably necessary for this Action and who have
17 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (g) the author or recipient of a document containing the information or a
19 || custodian or other person who otherwise possessed or knew the information;
20 (h) during their depositions, witnesses, and attorneys for witnesses, in the
21 |) Action to whom disclosure is reasonably necessary provided: (1) the deposing party
22 ||requests that the witness sign the form attached as Exhibit A hereto; and (2) they
23 || will not be permitted to keep any confidential information unless they sign the
24 ||"Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
25 ||agreed by the Designating Party or ordered by the court. Pages of transcribed
26 || deposition testimony or exhibits to depositions that reveal Protected Material maybe
27 || separately bound by the court reporter and may not be disclosed to anyone except
28 || as permitted under this Stipulated Protective Order; and
1 (i) any mediator or settlement officer, and their supporting personnel,
2 || mutually agreed upon by any of the parties engaged in settlement discussions.
3
4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
5 || IN OTHER LITIGATION
6 If a Party is served with a subpoena or a court order issued in other litigation
7 || that compels disclosure of any information or items designated in this Action as
8 || “CONFIDENTIAL,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification shall
”n 10 || include a copy of the subpoena or court order;
2 11 (b) promptly notify in writing the party who caused the subpoena or order to
12 issue in the other litigation that some or all of the material covered by the subpoena
13 || or order is subject to this Protective Order. Such notification shall include a copy of
Ss 14 || this Stipulated Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be pursued
16 || by the Designating Party whose Protected Material may be affected. Ifthe
17 || Designating Party timely seeks a protective order, the Party served with the
18 || subpoena or court order shall not produce any information designated in this action
19 ||as “CONFIDENTIAL” before a determination by the court from which the
20 || subpoena or order issued, unless the Party has obtained the Designating Party’s
21 || permission.
22 The Designating Party shall bear the burden and expense of seeking
23 || protection in that court of its confidential material and nothing in these provisions
24 || should be construed as authorizing or encouraging a Receiving Party in this Action
25 || to disobey a lawful directive from another court.
26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
27 || PRODUCED IN THIS LITIGATION
28 (a) The terms of this Order are applicable to information produced by a Non-
1 || Party in this Action and designated as “CONFIDENTIAL.” Such information
2 || produced by Non-Parties in connection with this litigation is protected by the
3 || remedies and relief provided by this Order. Nothing in these provisions should be
4 || construed as prohibiting a Non-Party from seeking additional protections.
5 (b) In the event that a Party is required, by a valid discovery request, to
6 || produce a Non-Party’s confidential information in its possession, and the Party is
7 || subject to an agreement with the Non-Party not to produce the Non-Party’s
8 || confidential information, then the Party shall:
9 (1) promptly notify in writing the Requesting Party and the Non-Party that
”n 10 || some or all of the information requested is subject to a confidentiality agreement
2 11 || with a Non-Party;
12 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
13 || Order in this Action, the relevant discovery request(s), and a reasonably specific
Ss 14 || description of the information requested; and
15 (3) make the information requested available for inspection by the Non-Party,
16 || if requested.
17 (c) If the Non-Party fails to seek a protective order from this court within 14
18 || days of receiving the notice and accompanying information, the Receiving Party
19 || may produce the Non-Party’s confidential information responsive to the discovery
20 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
21 || not produce any information in its possession or control that is subject to the
22 || confidentiality agreement with the Non-Party before a determination by the court.
23 || Absent a court order to the contrary, the Non-Party shall bear the burden and
24 || expense of seeking protection in this court of its Protected Material.
25
26|}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
28 || Protected Material to any person or in any circumstance not authorized under this
1 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
2 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
3 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
4 || persons to whom unauthorized disclosures were made of all the terms of this Order,
5 || and (d) request such person or persons to execute the “Acknowledgment and
6 || Agreement to Be Bound” that is attached hereto as Exhibit A.
7
8jf1l. INADVERTENT PRODUCTION OF PRIVILEGED OR
9 OTHER WISE PROTECTED MATERIAL
”n 10 When a Producing Party gives notice to Receiving Parties that certain
2 11 || inadvertently produced material is subject to a claim of privilege or other protection,
= 12 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
13 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
S$ 14 || may be established in an e-discovery order that provides for production without
15 || prior privilege review. Pursuant to Federal rule of Evidence 502(d) and (e), insofar
16 || as the parties reach an agreement on the effect of disclosure of a communication or
17 || information covered by the attorney-client privilege or work product protection, the
18 || parties may incorporate their agreement in the stipulated protective order submitted
19 || to the court.
20 12. MISCELLANEOUS
21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
22 || person to seek its modification by the Court in the future.
23 12.2 Right to Assert Other Objections. By stipulating to the entry of this
24 || Protective Order no Party waives any right it otherwise would have to object to
25 || disclosing or producing any information or item on any ground not addressed in this
26 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
27 || ground to use in evidence of any of the material covered by this Protective Order.
28 12.3 Filing Protected Material. A Party that seeks to file under seal any
1 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may
2 || only be filed under seal pursuant to a court order authorizing the sealing of the
3 || specific Protected Material at issue. If a Party's request to file Protected Material
4 || under seal is denied by the court, then the Receiving Party may file the information
5 ||in the public record unless otherwise instructed by the court.
6 13. FINAL DISPOSITION
7 After the final disposition of this Action, as defined in paragraph 4, within
8 || 6O0days of a written request by the Designating Party, each Receiving Party must
9 || return all Protected Material to the Producing Party or destroy such material. As
”n 10 || used in this subdivision, “all Protected Material” includes all copies, abstracts,
2 11 || compilations, summaries, and any other format reproducing or capturing any of the
12 || Protected Material. Whether the Protected Material is returned or destroyed, the
13 || Receiving Party must submit a written certification to the Producing Party (and, if
14 || not the same person or entity, to the Designating Party) by the 60 day deadline that
15 || (1) identifies(by category, where appropriate) all the Protected Material that was
16 || returned or destroyed and (2)affirms that the Receiving Party has not retained any
17 || copies, abstracts, compilations, summaries or any other format reproducing or
18 || capturing any of the Protected Material. Notwithstanding this provision, Counsel are
19 || entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
20 || and hearing transcripts, legal memoranda, correspondence, deposition and trial
21 |)exhibits, expert reports, attorney work product, and consultant and expert work
22 || product, even if such materials contain Protected Material. Any such archival
23 ||copies that contain or constitute Protected Material remain subject to this
24 || Protective Order as set forth in Section 4 (DURATION).
25 14. Any violation of this Order may be punished by any and all appropriate
26 || measures including, without limitation, contempt proceedings and/or monetary
27 || sanctions.
28 || ///
L |} SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3||DATED: June 5, 2023 MANNING & KASS
4 ELLROD, RAMIREZ, TRESTER LLP
5
6 By: /s/ G. Craig Smith
Mildred K. O'Linn, Esq.
7 G. Craig Smith, Esq.
Attomeys for Defendants,
CITY OF REDONDO BEACH et al.
9
10||DATED: June 5, 2023 THE SEHAT LAW FIRM, PLC
1
<x
1
By: /s/ Cameron Sehat
S 13 Cameron Sehat, Esq.
Zz Attorney for Plaintiff
= i DANIEL PADILLA
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16 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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19 DATED: June 7, 2023 /s/ Sagar
Honorable Alka Sagar
20 United States Magistrate Judge
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1 Pursuant to California Central District Local Rule 5-4.3.4, all other
2 || signatories listed, and on whose behalf the filing is submitted, concur in the filing's
3 || content and have authorized the filing.
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5|| DATED: June 5, 2023 MANNING & KASS
6 ELLROD, RAMIREZ, TRESTER LLP
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g By: /s/ G. Craig Smith
Mildred K. O'Linn, Esq.
9 G. Craig Smith, Esq.
10 Attomeys for Defendants,
CITY OF REDONDO BEACH et al.
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l EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of [print
4 || or type full address], declare under penalty of perjury was issued by the United
5 || States District Court for the Central District of California on [date] in the case of
6 || Daniel Padilla v. City of Redondo Beach, et al 2:17-cv-03660-JAK(ASx). I agree
7 ||to comply with and to be bound by all the terms of this Stipulated Protective Order
8 || and I understand and acknowledge that failure to so comply could expose me to
9 || sanctions and punishment in the nature of contempt. I solemnly promise that I will
”n 10 || not disclose in any manner any information or item that is subject to this Stipulated
2 11 || Protective Order to any person or entity except in strict compliance with the
= 12 || provisions of this Order.
13 || I further agree to submit to the jurisdiction of the United States District Court for the
14 || Central District of California for the purpose of enforcing the terms of this
15 || Stipulated Protective Order, even if such enforcement proceedings occur after
16 || termination of this action . I hereby appoint [print or type
17 || full name] of [print or type full address
18 || and telephone number] as my California agent for service of process in connection
19 || with this action or any proceedings related to enforcement of this Stipulated
20 || Protective Order.
21 || Date:
22 || City and State where sworn and signed:
23 || Printed name:
24 |) Signature:
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