The opinion
1 Thomas C. Hurrell, State Bar No. 119876
E-Mail: thurrell@hurrellcantrall.com
2 Nzhdeh Aghazaryan, State Bar No. 316492
E-Mail: naghazaryan@hurrellcantrall.com
3 Ryan C. Oca, State Bar No. 303113
E-Mail: roca@hurrellcantrall.com
4 HURRELL CANTRALL LLP
725 S. Figueroa Street, Suite 3800
5 Los Angeles, California 90017
Telephone: (213) 426-2000
6 Facsimile: (213) 426-2020
7 Attorneys for Defendants, MICHEL MOORE, JUSTIN PETERS, EDGAR MURO,
KRISTOPHER CLARK, NICHOLAS CHACON, BEN MCPHEETERS, JERITT
8 SEVERNS, VICENTE LOPEZ, IVAN GUILLERMO, RUBEN CHAVEZ,
ARMANDO HOYOS, JAMES ZOUREK and DAVID CHRISTENSEN
9
10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
12
13 G. ASHLEY, Case No. 2:22-cv-04909-DMG (KSx)
____________
14 Plaintiff, DEFENDANTS' [PROPOSED]
PROTECTIVE ORDER TO LIMIT
15 v. DISSEMINATION OF
DOCUMENTS AND TO PROHIBIT
16 MICHEL RAY MOORE, ERIC THE DEPOSITION OF CHIEF
MICHAEL GARCETTI, GILBERT MICHEL MOORE
17 CEDILLO, PAUL KREKORIAN,
ROBERT BLUMENFIELD, NITHYA Judge: Hon. Dolly M. Gee
18 RAMAN, PAUL KORETZ, NURY
MARTINEZ, MONICA RODIGUEZ, Trial Date: 04/09/24
19 MARQUEECE-HARRIS, MARK
RIDLEY-THOMAS, MICHAEL
20 JOSEPH BONIN, JOHN LEE, MITCH
O'FARRELL, KEVIN DE LEON,
21 JOSEPH BUSCAINO, WILLIAM J.
BRIGGS II, EILEEN DECKER, DALE
22 BONNER, MARIA LOU CALANCHE,
STEVE SOBOROFF, LAPD
23 OFFICERS J. PETERS 37708, E.
MURO 36863, CLARK 39587, N.
24 CHACON, B. McPHEETERS 30483,
RUBEN CHAVEZ, DAVID
25 CHRISTENSEN, BRIAN COLLINS,
IVAN GUILLERMO, ARMANDO
26 HOYOS, VICENTE LOPEZ, JERITT
SEVERNS, JAMES ZOUREK, and 2
27 UNKNOWN NAMED
DEFENDANTS, 1-10,
1 Defendants
2
3
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based
4
on Defendants’ Proposed Protective Order filed on June 20, 2023, the terms of
5 the Protective Order are adopted as a protective order of this Court (which
6 generally shall govern the pretrial phase of this action) except to the extent, as
7 set forth below, that those terms have been modified by the Court’s
8 amendment of paragraphs 1(B)(i)(ii), 3, 6.2, 7.1, 7.2, 12.2, and addition of
9 Exhibit A to the Protective Order.
10
11 TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND MODIFIED
12
BY THE COURT1
13
PROTECTIVE ORDER
14
15
1. A. PURPOSES AND LIMITATIONS
16
Discovery in this action is likely to involve production of confidential,
17
proprietary, or private information for which special protection from public disclosure
18
and from use for any purpose other than prosecuting this litigation may be warranted.
19
Accordingly, the Defendants hereby motion and petition the Court to enter the
20
following Protective Order. The Defendants acknowledge that this Order does not
21
confer blanket protections on all disclosures or responses to discovery and that the
22
protection it affords from public disclosure and use extends only to the limited
23
information or items that are entitled to confidential treatment under the applicable
24
legal principles. The Defendants further acknowledge, as set forth in Section 12.3,
25
below, that this Protective Order does not entitle them to file confidential information
26
27
1 The Court’s additions to the Protective Order are generally indicated in bold typeface, and
1 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and
2 the standards that will be applied when a party seeks permission from the court to file
3 material under seal.
4 B. GOOD CAUSE STATEMENT
5 i. Document dissemination
6 This action is likely to involve the exchange of Police Officer Personnel
7 information and Open Investigations Consisting of Official Information for which
8 special protection from public disclosure and from use for any purpose other than
9 prosecution of this action is warranted. Such confidential materials and information
10 consist of, among other things, medical records containing Police Officer Personnel
11 information and Open Investigations Consisting of Official Information. Accordingly,
12 to expedite the flow of information, to facilitate the prompt resolution of disputes over
13 confidentiality of discovery materials, to adequately protect information the parties
14 are entitled to keep confidential, to ensure that the parties are permitted reasonable
15 necessary uses of such material in preparation for and in the conduct of trial, to address
16 their handling at the end of the litigation, and serve the ends of justice, a protective
17 order for such information is justified in this matter. It is the intent of the parties that
18 information will not be designated as confidential for tactical reasons and that nothing
19 be so designated without a good faith belief that it has been maintained in a
20 confidential, non-public manner, and there is good cause why it should not be part of
21 the public record of this case.
22 Rule 26(c) of the Federal Rules of Civil Procedure provides in pertinent part
23 as follows:
24 (1) In General. A party or any person from whom discovery is sought
25 may move for a protective order in the court where the action is pending—or
26 as an alternative on matters relating to a deposition, in the court for the district
27 where the deposition will be taken. The motion must include a certification
1 affected parties in an effort to resolve the dispute without court action. The
2 court may, for good cause, issue an order to protect a party or person from
3 annoyance, embarrassment, oppression, or undue burden or expense, including
4 one or more of the following:
5 . . . (D) forbidding inquiry into certain matters, or limiting the scope
6 of disclosure or discovery to certain matters; . . .
7 A court may, for good cause, issue a protective order to protect a party from
8 annoyance, embarrassment, oppression, or undue burden or expense. Fed. R. Civ. P.
9 26(c)(1). To obtain a protective order, the party seeking limitations in discovery has
10 the burden of proving good cause for its issuance, which requires a showing that
11 specific prejudice or harm will result if the protective order is not granted. Id.; see
12 also Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir.2003). If a
13 court finds particularized harm will result from disclosure of information to the public,
14 then it balances the public and private interests to decide whether a protective order
15 is necessary. See Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206,
16 1211 (9th Cir. 2002). In doing this balancing, courts consider whether disclosure will
17 violate any privacy interests, whether the information is being sought for a legitimate
18 or improper purpose, whether disclosure of the information will cause a party
19 embarrassment, whether confidentiality is being sought over information important
20 to public health and safety, whether the sharing of information among litigants will
21 promote fairness and efficiency, whether a party benefitting from the order of
22 confidentiality is a public entity or official, and whether the case involves issues
23 important to the public. In re Roman Catholic Archbishop of Portland in Oregon, 661
24 F.3d 417, 424 (9th Cir. 2011). Further, when discovery is sought from third parties,
25 a protective order may be more easily obtained. Dart Indus. Co., Inc. v. Westwood
26 Chem. Co., Inc, 649 F2d 646, 649 (9th Cir. 1980).
27 Good cause exists to enter a protective order in this case as the documents,
1 discovery are entitled to privileges and protections under the United States
2 Constitution, First Amendment, the California Constitution, Article I, Section 1,
3 California Penal Code sections 832.5, 832.7 and 832.8, California Evidence Code
4 sections 1040 and 1043 et. seq, the Privacy Act of 1974, 5 U.S.C. § 552, the Official
5 Information Privilege, the right to privacy, and information otherwise generally
6 unavailable to the public and protected from disclosure.
7 ii. Chief Moore’s Deposition
8 Plaintiff refused to stipulate to entry of the order, purporting to take issue with
9 the scope of the order and with limiting the use of the documents to the present action
10 alone. Additionally, Plaintiff is seeking the deposition of Chief Michel Moore, an
11 apex witness and named defendant in this matter.
12 The only claims brought by Plaintiff against Chief Moore are a cause of
13 action for supervisor liability causing constitutional violations and a Monell claim
14 alleging a custom, policy, or practice causing constitutional violations under under
15 42 U.S.C. § 1983. A public entity cannot be sued under § 1983 based on vicarious
16 liability for its employees. Monell v. Department of Social Service of the City of
17 New York, 436 U.S. 658, 694 (1978). Monell liability may attach when an employee
18 is acting pursuant to an expressly adopted official policy, longstanding practice or
19 custom, or as a final policymaker, or when a final policymaker ratified a
20 subordinate’s actions. Thomas v. Cty. of Riverside, 763 F.3d 1167, 1170 (9th Cir.
21 2014). A plaintiff cannot raise a Monell claim for municipal liability in the absence
22 of an underlying constitutional violation. City of Los Angeles v. Heller, 475 U.S.
23 796, 799 (1986). If a person has suffered no constitutional injury at the hands of an
24 individual police officer, the fact that the departmental regulations might
25 have authorized the use of constitutionally excessive force is quite beside the point.
26 Id.
27 Monell reasoned that recovery from a municipality is limited to acts that are,
1 has officially sanctioned or ordered. Pembaur v. City of Cincinnati, 475 U.S. 469,
2 480 (1986). A plaintiff must also demonstrate that, through its deliberate conduct,
3 the municipality was the moving force behind the injury alleged. Bd. of Cty.
4 Comm'rs of Bryan Cty., Okl. v. Brown, 520 U.S. 397, 397 (1997). That is, a plaintiff
5 must show that the municipal action was taken with the requisite degree of
6 culpability and must demonstrate a direct causal link between the municipal action
7 and the deprivation of federal rights. Id.
8 A Monell claim and a claim for supervisor liability must be predicated on a
9 specific constitutional violation directly caused by a formal government policy.
10 Absent a formal governmental policy, a plaintiff must show a longstanding practice
11 or custom which constitutes the standard operating procedure of the local
12 government entity. Trevino v. Gates, 99 F.3d 911, 918 (9th Cir. 1996), holding
13 modified by Navarro v. Block, 250 F.3d 729 (9th Cir. 2001). The custom must be so
14 persistent and widespread that it constitutes a permanent and well settled municipal
15 policy. Id. Liability for improper custom may not be predicated on isolated or
16 sporadic incidents; it must be founded upon practices of sufficient duration,
17 frequency, and consistency that the conduct has become a traditional method of
18 carrying out policy. Id. Plaintiffs make no attempt to cite a specific custom or policy
19 causing a specific constitutional violation.
20 The requirement that a Monell claim establish a direct causal link makes it
21 clear that a Monell claim is based on specific municipal action and a specific
22 constitutional violation. Since Plaintiff has failed to provide any factual or legal
23 basis for his desire to take Chief Moore’s deposition, Plaintiff is reduced to raising a
24 multitude of conclusory allegations to support their efforts. Plaintiff declares that
25 Chief Moore must answer to him on issues related to use of force, preventing
26 oversight of the LAPD and a purported failure to address an alleged pattern of
27 misconduct and use of force within the police department.
1 Chief Moore’s deposition, and Defendants’ request for a Protective Order from the
2 Court prohibiting the deposition of Chief Moore should be granted.
3 2. DEFINITIONS
4 2.1. Action: G. Ashley v. Michel Moore, et al.; 2:22-cv-04909-DMG
5 (KSx)
6 2.2 Challenging Party: Plaintiff, G. Ashley
7 2.3 “CONFIDENTIAL” Information or Items: information
8 (regardless of how it is generated, stored or maintained) or tangible things that qualify
9 for protection under Federal Rule of Civil Procedure 26(c), and as specified above in
10 the Good Cause Statement.
11 2.4 Designating Party: a Party or Non-Party that designates
12 information or items that it produces in disclosures or in responses to discovery as
13 “CONFIDENTIAL.”
14 2.5 Disclosure or Discovery Material: all items or information,
15 regardless of the medium or manner in which it is generated, stored, or maintained
16 (including, among other things, testimony, transcripts, and tangible things), that are
17 produced or generated in disclosures or responses to discovery in this matter.
18 2.6 Expert: a person with specialized knowledge or experience in a
19 matter pertinent to the litigation who has been retained by a Party or its counsel to
20 serve as an expert witness or as a consultant in this Action.
21 2.7 Non-Party: any natural person, partnership, corporation,
22 association, or other legal entity not named as a Party to this action.
23 2.8 Party: any party to this Action, including all of its officers,
24 directors, employees, consultants, retained experts, and Outside Counsel of Record
25 (and their support staffs).
26 2.9 Producing Party: a Party or Non-Party that produces Disclosure or
27 Discovery Material in this Action.
1 designated as “CONFIDENTIAL.”
2 2.11 Receiving Party: a Party that receives Disclosure or Discovery
3 Material from a Producing Party.
4 3. SCOPE
5 The protections conferred by this Order cover not only Protected Material (as
6 defined above), but also (1) any information copied or extracted from Protected
7 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
8 and (3) any testimony, conversations, or presentations by Parties or their Counsel that
9 might reveal Protected Material; and (4) Chief Moore’s deposition.
10 Any use of Protected Material at trial shall be governed by the orders of the
11 trial judge. This Order does not govern the use of Protected Material at trial.
12 4. DURATION
13 Even after final disposition of this litigation, the confidentiality obligations
14 imposed by this Order shall remain in effect until a Designating Party agrees
15 otherwise in writing or a court order otherwise directs. Final disposition shall be
16 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
17 or without prejudice; and (2) final judgment herein after the completion and
18 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
19 including the time limits for filing any motions or applications for extension of time
20 pursuant to applicable law.
21 Once a case proceeds to trial, all of the information that was designated as
22 confidential or maintained pursuant to this protective order becomes public and will
23 be presumptively available to all members of the public, including the press, unless
24 compelling reasons supported by specific factual findings to proceed otherwise are
25 made to the trial judge in advance of the trial. See Kamakana v. City and County of
26 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
27 showing for sealing documents produced in discovery from “compelling reasons”
1 terms of this protective order do not extend beyond the commencement of the trial.
2 5. DESIGNATING PROTECTED MATERIAL
3 5.1 Exercise of Restraint and Care in Designating Material for
4 Protection. Each Party or Non-Party that designates information or items for
5 protection under this Order must take care to limit any such designation to specific
6 material that qualifies under the appropriate standards. The Designating Party must
7 designate for protection only those parts of material, documents, items, or oral or
8 written communications that qualify so that other portions of the material, documents,
9 items, or communications for which protection is not warranted are not swept
10 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized
11 designations are prohibited. Designations that are shown to be clearly unjustified or
12 that have been made for an improper purpose (e.g., to unnecessarily encumber the
13 case development process or to impose unnecessary expenses and burdens on other
14 parties) may expose the Designating Party to sanctions. If it comes to a Designating
15 Party’s attention that information or items that it designated for protection do not
16 qualify for protection, that Designating Party must promptly notify all other Parties
17 that it is withdrawing the inapplicable designation.
18 5.2 Manner and Timing of Designations. Except as otherwise
19 provided in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery
20 Material that qualifies for protection under this Order must be clearly so designated
21 before the material is disclosed or produced.
22 Designation in conformity with this Order requires:
23 (a) for information in documentary form (e.g., paper or electronic documents,
24 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
25 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
26 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
27 portion or portions of the material on a page qualifies for protection, the Producing
1 markings in the margins).
2 A Party or Non-Party that makes original documents available for inspection
3 need not designate them for protection until after the inspecting Party has indicated
4 which documents it would like copied and produced. During the inspection and before
5 the designation, all of the material made available for inspection shall be deemed
6 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
7 copied and produced, the Producing Party must determine which documents, or
8 portions thereof, qualify for protection under this Order. Then, before producing the
9 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
10 to each page that contains Protected Material. If only a portion or portions of the
11 material on a page qualifies for protection, the Producing Party also must clearly
12 identify the protected portion(s) (e.g., by making appropriate markings in the
13 margins).
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 any
18 other tangible items, that the Producing Party affix in a prominent place on the exterior
19 of the container or containers in which the information is stored the legend
20 “CONFIDENTIAL.” If only a portion or portions of the information warrants
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
24 inadvertent failure to designate qualified information or items does not, standing
25 alone, waive the Designating Party’s right to secure protection under this Order for
26 such material. Upon timely correction of a designation, the Receiving Party must
27 make reasonable efforts to assure that the material is treated in accordance with the
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 To avoid ambiguity as to whether a challenge has been made, the written
8 notice must recite that the challenge to confidentiality is being made in accordance
9 with Paragraph IVVI of this Order. The Parties shall attempt to resolve each challenge
10 in good faith and must begin the process by conferring directly (in voice to voice
11 dialogue) within 10 days of the date of service of notice. In conferring, the
12 Challenging Party must explain the basis for its belief that the confidentiality
13 designation was not proper and must give the Designating Party an opportunity to
14 review the designated material, to reconsider the circumstances, and, if no change in
15 designation is offered, to explain the basis for the chosen designation. During the meet
16 and confer process, the Designating Party must state the bases for its objections to
17 each challenge on a document by document basis. A Challenging Party may proceed
18 to the next stage of the challenge process only if it has engaged in this meet and confer
19 process first or establishes that the Designating Party is unwilling to participate in the
20 meet and confer process in a timely manner.
21 6.3 The burden of persuasion in any such challenge proceeding shall
22 be on the Designating Party. Frivolous challenges, and those made for an improper
23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
24 may expose the Challenging Party to sanctions. Unless the Designating Party has
25 waived or withdrawn the confidentiality designation, all parties shall continue to
26 afford the material in question the level of protection to which it is entitled under the
27 Producing Party’s designation until the Court rules on the challenge.
1 without court intervention, the Challenging Party shall file a “Notice of Improper
2 Confidential Designation” with the Court (“Notice”). The Notice shall list the
3 challenged documents by Bates label (or other identifying label if no Bates label). The
4 Designating Patty shall file a “Motion to Maintain Confidentiality” within fourteen
5 (14) calendar days of the Notice, explaining why the documents should or should not
6 be de-designated. Failure by the Designating Party to make such a Motion within 14
7 days of the Notice shall automatically waive the confidentiality designation for each
8 challenged designation. The Challenging Party will then have fourteen (14) calendar
9 days to file a Response. There shall be no Reply absent leave of Court. Either party
10 may lodge but not file the challenged documents with the Court during this stage of
11 the challenge process. The burden of persuasion as to whether information is
12 confidential shall be on the Designating Party.
13 7. ACCESS TO AND USE OF PROTECTED MATERIAL
14 7.1 Basic Principles. A Receiving Party may use Protected Material
15 that is disclosed or produced by another Party or by a Non-Party in connection with
16 this Action only for prosecuting, defending, or attempting to settle this Action. Such
17 Protected Material may be disclosed only to the categories of persons and under the
18 conditions described in this Order. When the Action has been terminated, a Receiving
19 Party must comply with the provisions of section XIII below (FINAL
20 DISPOSITION). Protected Material must be stored and maintained by a Receiving
21 Party at a location and in a secure manner that ensures that access is limited to the
22 persons authorized under this Order.
23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
24 otherwise ordered by the court or permitted in writing by the Designating Party, a
25 Receiving Party may disclose any information or item designated
26 “CONFIDENTIAL” only to:
27 a) the Receiving Party’s Outside Counsel of Record in this Action, as well
1 necessary to disclose the information for this Action;
2 b) the officers, directors, and employees (including House Counsel) of the
3 Receiving Party to whom disclosure is reasonably necessary for this Action;
4 c) Experts (as defined in this Order) of the Receiving Party to whom
5 disclosure is reasonably necessary for this Action and who have signed the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 d) the court and its personnel;
8 e) court reporters and their staff;
9 f) professional jury or trial consultants, mock jurors, and Professional
10 Vendors to whom disclosure is reasonably necessary for this Action and who
11 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 g) the author or recipient of a document containing the information or a
13 custodian or other person who otherwise possessed or knew the information;
14 h) during their depositions, witnesses ,and attorneys for witnesses, in the
15 Action to whom disclosure is reasonably necessary provided: (1) the deposing
16 party requests that the witness sign the form attached as Exhibit 1A hereto; and
17 (2) they will not be permitted to keep any confidential information unless they
18 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
19 otherwise agreed by the Designating Party or ordered by the court. Pages of
20 transcribed deposition testimony or exhibits to depositions that reveal Protected
21 Material may be separately bound by the court reporter and may not be
22 disclosed to anyone except as permitted under this Protective Order; and
23 i) any mediator or settlement officer, and their supporting personnel,
24 mutually agreed upon by any of the parties engaged in settlement discussions.
25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
26 PRODUCED IN OTHER LITIGATION
27 If a Party is served with a subpoena or a court order issued in other litigation
1 “CONFIDENTIAL,” that Party must:
2 a. promptly notify in writing the Designating Party. Such notification shall
3 include a copy of the subpoena or court order;
4 b. promptly notify in writing the party who caused the subpoena or order to
5 issue in the other litigation that some or all of the material covered by the
6 subpoena or order is subject to this Protective Order. Such notification shall
7 include a copy of this Protective Order; and
8 c. cooperate with respect to all reasonable procedures sought to be pursued by
9 the Designating Party whose Protected Material may be affected.
10 If the Designating Party timely seeks a protective order, the Party served with
11 the subpoena or court order shall not produce any information designated in this action
12 as “CONFIDENTIAL” before a determination by the court from which the subpoena
13 or order issued, unless the Party has obtained the Designating Party’s permission. The
14 Designating Party shall bear the burden and expense of seeking protection in that court
15 of its confidential material and nothing in these provisions should be construed as
16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
17 directive from another court.
18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
19 PRODUCED IN THIS LITIGATION
20 a) The terms of this Order are applicable to information produced by a Non-
21 Party in this Action and designated as “CONFIDENTIAL.” Such information
22 produced by Non-Parties in connection with this litigation is protected by the
23 remedies and relief provided by this Order. Nothing in these provisions should be
24 construed as prohibiting a Non-Party from seeking additional protections.
25 b) In the event that a Party is required, by a valid discovery request, to
26 produce a Non-Party’s confidential information in its possession, and the Party is
27 subject to an agreement with the Non-Party not to produce the Non-Party’s
1 (1) promptly notify in writing the Requesting Party and the Non-Party
2 that some or all of the information requested is subject to a
3 confidentiality agreement with a Non-Party;
4 (2) promptly provide the Non-Party with a copy of the Protective Order
5 in this Action, the relevant discovery request(s), and a reasonably
6 specific description of the information requested; and
7 (3) make the information requested available for inspection by the Non-
8 Party, if requested.
9 c) If the Non-Party fails to seek a protective order from this court within
10 14 days of receiving the notice and accompanying information, the Receiving Party
11 may produce the Non-Party’s confidential information responsive to the discovery
12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
13 not produce any information in its possession or control that is subject to the
14 confidentiality agreement with the Non-Party before a determination by the court.
15 Absent a court order to the contrary, the Non-Party shall bear the burden and
16 expense of seeking protection in this court of its Protected Material.
17 10. Unauthorized Disclosure of Protected Material
18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
19 Protected Material to any person or in any circumstance not authorized under this
20 Protective Order, the Receiving Party must immediately (a) notify in writing the
21 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
22 all unauthorized copies of the Protected Material, (c) inform the person or persons to
23 whom unauthorized disclosures were made of all the terms of this Order, and (d)
24 request such person or persons to execute the “Acknowledgment and Agreement to
25 Be Bound” that is attached hereto as Exhibit A.
26 11. Inadvertent Production of Privileged or Otherwise Protected Material
27 When a Producing Party gives notice to Receiving Parties that certain
1 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
2 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
3 may be established in an e-discovery order that provides for production without prior
4 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
5 parties reach an agreement on the effect of disclosure of a communication or
6 information covered by the attorney-client privilege or work product protection, the
7 parties may incorporate their agreement in the Protective Order submitted to the court.
8 12. MISCELLANEOUS
9 12.1 Right to Further Relief. Nothing in this Order abridges the right
10 of any person to seek its modification by the Court in the future.
11 12.2 Right to Assert Other Objections. By stipulating to the entry of
12 this Protective Order nNo Party waives any right it otherwise would have to object
13 to disclosing or producing any information or item on any ground not addressed in
14 this Protective Order. Similarly, no Party waives any right to object on any ground
15 to use in evidence of any of the material covered by this Protective Order.
16 12.3 Filing Protected Material. A Party that seeks to file under seal
17 any Protected Material must comply with Civil Local Rule 79-5. Protected Material
18 may only be filed under seal pursuant to a court order authorizing the sealing of the
19 specific Protected Material at issue. If a Party’s request to file Protected Material
20 under seal is denied by the court, then the Receiving Party may file the information
21 in the public record unless otherwise instructed by the court.
22 13. FINAL DISPOSITION
23 After the final disposition of this Action, as defined in paragraph 4, within 60
24 days of a written request by the Designating Party, each Receiving Party must return
25 all Protected Material to the Producing Party or destroy such material. As used in this
26 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
27 summaries, and any other format reproducing or capturing any of the Protected
1 || must submit a written certification to the Producing Party (and, if not the same person
2 ||or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
3 || category, where appropriate) all the Protected Material that was returned or destroyed
4|\|and (2) affirms that the Receiving Party has not retained any copies, abstracts,
5 || compilations, summaries or any other format reproducing or capturing any of the
6 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
7\|archival copy of all pleadings, motion papers, trial, deposition, and hearing
8 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
9 || reports, attorney work product, and consultant and expert work product, even if such
10 || materials contain Protected Material. Any such archival copies that contain or
11 || constitute Protected Material remain subject to this Protective Order as set forth in
12 || Section 4 (DURATION).
3 13 Any violation of this Order may be punished by any and all appropriate
14 || measures including, without limitation, contempt proceedings and/or monetary
15 || sanctions.
16||DATED: June 21, 2023
17
18 Fite LAs,
19 CHIEF MAGISTRATE JUDGE KAREN L.
STEVENSON
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of
5 perjury that I have read in its entirety and understand the Protective Order
6 that was issued by the United States District Court for the Central District of
7 California on __________ in the case of G. Ashley v. Michel Moore, et al.; 2:22-
8 cv-04909-DMG (KSx). I agree to comply with and to be bound by all the terms
9 of this Protective Order and I understand and acknowledge that failure to so
10 comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any
12 information or item that is subject to this Protective Order to any person or
13 entity except in strict compliance with the provisions of this Order. I further
14 agree to submit to the jurisdiction of the United States District Court for the
15 Central District of California for the purpose of enforcing the terms of this
16 Protective Order, even if such enforcement proceedings occur after termination
17 of this action. I hereby appoint __________________________ [print or type
18 full name] of _______________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this
21 Protective Order.
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24 Printed name: _______________________________
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