Angel Francisco Sanchez v. City of Baldwin Park

1 || Mildred K. O'Linn (State Bar No. 159055)

missy.olian@manningkass.com

2 || Craig Smith (State Bar No. 265676)

craig smith(@manningkass.com

|| MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

4||801S. Figueroa St, 15" Floor

Los Angeles, California 90017-3012

5 || Telephone: GBR) 624-6900

Facsimile: (213) 624-6999

6

Attorneys for Defendants, CITY OF

7 BALDWIN PARK, ERIC CAMACHO

and JOSE CASTRO

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10

2 ou

ANGEL FRANCISCO SANCHEZ, Case No. 2:23-cv-03807-DMG-MAR

— 12 District Judge: Dolly M Gee;

© Plaintiff, Magistrate Judge: Margo A. Rocconi

z 13

> v.

= 14

<x CITY OF BALDWIN PARK; ERIC STIPULATED PROTECTIVE

= 15 || CAMACHO; JOSE CASTRO; and ORDER RE CONFIDENTIAL

DOES 1-10, INCLUSIVE, DOCUMENTS

16

Defendants.

17 Filed Date: 05/18/23

Trial Date: n/a

18

19 TO THE HONORABLE COURT:

50 By and through their counsel of record in this action, plaintiff ANGEL

5 SANCHEZ and defendants CITY OF BALDWIN PARK, ERIC CAMACHO, and

9 JOSE CASTRO (hereinafter "Defendants") — the parties — hereby stipulate for the

33 purpose of jointly requesting that the honorable Court enter a protective order re

34 confidential documents in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26,

35 as well as U.S. Dist. Ct., S.D. Cal., Local Rules 7-1 and 52-4.1; and any applicable

36 Orders of the Court] — as follows:

27

28

l GOOD CAUSE STATEMENT

2|\1. INTRODUCTION.

3 1.1 PURPOSES AND LIMITATIONS

4 Discovery in this action is likely to involve production of confidential,

5 || proprietary, or private information for which special protection from public

6 || disclosure and from use for any purpose other than prosecuting this litigation may

7 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

8 || enter the following Stipulated Protective Order. The parties acknowledge that this

9 || Order does not confer blanket protections on all disclosures or responses to

10 || discovery and that the protection it affords from public disclosure and use extends

2 11 |] only to the limited information or items that are entitled to confidential treatment

12 || under the applicable legal principles. The parties further acknowledge, as set forth in

2 13 || Section 12.3, below, that this Stipulated Protective Order does not entitle them toile

S$ 14 || confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

15 || that must be followed and the standards that will be applied when a party seeks

16 || permission from the court to file material under seal.

17 1.2 GOOD CAUSE STATEMENT

18 Defendants contend that there is good cause and a particularized need for a

19 || protective order to preserve the interests of confidentiality and privacy in peace officer

20 || personnel file records and associated investigative or confidential records for the

21 || following reasons.

22 First, Defendants contend that peace officers have a federal privilege of privacy

23 ||in their personnel file records: a reasonable expectation of privacy therein that is

24 || underscored, specified, and arguably heightened by the Pitchess protective procedure

25 || of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034

26 || (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-

27 || 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based

28 || discovery disputes involving federal claims,” the “state privilege law which is

1 ||consistent with its federal equivalent significantly assists in applying [federal]

2 || privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613

3 ||n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights

4 || [that] are not inconsequential” in their police personnel records); cf Cal. Penal Code

51|§§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that

6 || uncontrolled disclosure of such personnel file information can threaten the safety of

7 ||non-party witnesses, officers, and their families/associates.

8 Second, Defendants contend that municipalities and law enforcement agencies

9 ||have federal deliberative-executive process privilege, federal official information

n 10 || privilege, federal law enforcement privilege, and federal attorney-client privilege

2 11 || (and/or attorney work product protection) interests in the personnel files of their peace

12 || officers — particularly as to those portions of peace officer personnel files that contain

2 13 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or

2 14 || communications for the purposes of obtaining or rendering legal advice or analysis —

= 15 || potentially including but not limited to evaluative/analytical portions of Internal

16 || Affairs type records or reports, evaluative/analytical portions of supervisory records

or reports, and/or reports prepared at the direction of counsel, or for the purpose of

18 || obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa

□□ Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir.

20 || 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654,

21) 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998);

22 || Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.

23]|v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants

24 || further contend that such personnel file records are restricted from disclosure by the

25 || public entity’s custodian of records pursuant to applicable California law and that

26 || uncontrolled release is likely to result in needless intrusion of officer privacy;

27 impairment in the collection of third-party witness information and statements

28 || and related legitimate law enforcement □□□□□□□□□□□□□□□□□□□□□□□□□ and a chilling of

1|;}open and honest discussion regarding and/or investigation into alleged

2 || misconduct that can erode a public entity’s ability to identify and/or implement

3 || any remedial measures that may be required.

4 Third, Defendants contend that, since peace officers do not have the same rights

5 ||as other private citizens to avoid giving compelled statements, it is contrary to the

6||fundamental principles of fairness to permit uncontrolled release of officers’

7 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,

8 || 828-830 (1985); cf. U.S. Const., amend V.

9 Accordingly, Defendants contend that, without a protective order preventing

n 10 || such, production of confidential records in the case can and will likely substantially

2 11 ||impair and harm defendant public entity’s interests in candid self-critical analysis,

12 || frank internal deliberations, obtaining candid information from witnesses, preserving

2 13 || the safety of witnesses, preserving the safety of peace officers and peace officers’

2 □□ families and associates, protecting the privacy officers of peace officers, and

= 15||preventing pending investigations from being detrimentally undermined by

16 || publication of private, sensitive, or confidential information — as can and often does

17 || result in litigation.

18 Plaintiff agrees that there is Good Cause for a Protective Order so as to

19 || preserve the respective interests of the parties without the need to further burden the

20 || Court with such issues. Specifically, the parties jointly contend that, absent this

21 || Stipulation and its associated Protective Order, the parties' respective privilege

22 || interests may be impaired or harmed, and that this Stipulation and its associated

23 || Protective Order may avoid such harm by permitting the parties to facilitate

24 || discovery with reduced risk that privileged and/or sensitive/confidential information

25 || will become matters of public record.

26 2. DEFINITIONS

27 2.1 Action: Angel Francisco Sanchez v. City of Baldwin Park, et al.,

28 || Case No. 2:23-cv-03807-DMG-MAR ,

1 2.2 Challenging Party: a Party or Non-Party that challenges the designation

2 || of information or items under this Order.

3 2.3. “CONFIDENTIAL” Information or Items: information (regardless of

4 || how it is generated, stored or maintained) or tangible things that qualify for

5 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in

6 || the Good Cause Statement.

7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

8 || their support staff).

9 2.5 Designating Party: a Party or Non-Party that designates information or

10 || items that it produces in disclosures or in responses to discovery as

2 11 || “CONFIDENTIAL.”

12 2.6 Disclosure or Discovery Material: all items or information, regardless

2 13 || of the medium or manner in which it is generated, stored, or maintained (including,

S$ 14 || among other things, testimony, transcripts, and tangible things), that are produced or

15 || generated in disclosures or responses to discovery in this matter.

16 2.7 Expert: a person with specialized knowledge or experience in a matter

17 || pertinent to the litigation who has been retained by a Party or its counsel to serve as

18 || an expert witness or as a consultant in this Action.

19 2.8 House Counsel: attorneys who are employees of a party to this Action.

20 || House Counsel does not include Outside Counsel of Record or any other outside

21 || counsel.

22 2.9 Non-Party: any natural person, partnership, corporation, association, or

23 || other legal entity not named as a Party to this action.

24 2.10 Outside Counsel of Record: attorneys who are not employees of a party

25 || to this Action but are retained to represent or advise a party to this Action and have

26 || appeared in this Action on behalf of that party or are affiliated with a law firm which

27 || has appeared on behalf of that party, and includes support staff.

28 2.11 Party: any party to this Action, including all of its officers, directors,

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

2 || support staffs).

3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

4 || Discovery Material in this Action.

5 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

8 || and their employees and subcontractors.

9 2.14 Protected Material: any Disclosure or Discovery Material that is

10 || designated as “CONFIDENTIAL.”

2 1] 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

12 || from a Producing Party.

2 13 3. SCOPE

S$ 14 The protections conferred by this Stipulation and Order cover not only

15 || Protected Material (as defined above), but also (1) any information copied or

16 || extracted from Protected Material; (2) all copies, excerpts, summaries, or

17 || compilations of Protected Material; and (3) any testimony, conversations, or

18 || presentations by Parties or their Counsel that might reveal Protected Material.

19 Any use of Protected Material at trial will be governed by the orders of the

20 || trial judge. This Order does not govern the use of Protected Material at trial

21 4, DURATION

22 FINAL DISPOSITION of the action is defined as the conclusion of any

23 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

24 ||has run. Except as set forth below, the terms of this protective order apply through

25 || FINAL DISPOSITION of the action. The parties may stipulate that the they will be

26 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

but will have to file a separate action for enforcement of the agreement once all

28 || proceedings in this case are complete.

1 Once a case proceeds to trial, information that was designated as

2 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced

3 ||as an exhibit at trial becomes public and will be presumptively available to all

4 || members of the public, including the press, unless compelling reasons supported by

5 || specific factual findings to proceed otherwise are made to the trial judge in advance

6 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

7 || showing for sealing documents produced in discovery from “compelling reasons”

8 || standard when merits-related documents are part of court record). Accordingly, for

9 || such materials, the terms of this protective order do not extend beyond the

10 || commencement of the trial.

2 11 DESIGNATING PROTECTED MATERIAL

12 5.1 Exercise of Restraint and Care in Designating Material for Protection.

2 13 || Each Party or Non-Party that designates information or items for protection under

S$ 14 || this Order must take care to limit any such designation to specific material that

= 15 || qualifies under the appropriate standards. The Designating Party must designate for

16 || protection only those parts of material, documents, items, or oral or written

17 || communications that qualify so that other portions of the material, documents,

18 || terms, or communications for which protection is not warranted are not swept

19 || unjustifiably within the ambit of this Order.

20 Mass, indiscriminate, or routinized designations are prohibited. Designations

21 || that are shown to be clearly unjustified or that have been made for an improper

22 || purpose (e.g., to unnecessarily encumber the case development process or to impose

23 || unnecessary expenses and burdens on other parties) may expose the Designating

24 || Party to sanctions.

25 If it comes to a Designating Party’s attention that information or items that it

26 || designated for protection do not qualify for protection, that Designating Party must

27 || promptly notify all other Parties that it is withdrawing the inapplicable designation.

28 5.2. Manner and Timing of Designations. Except as otherwise provided in

1 this Order (see, e.g., second paragraph of section 5.2(a) below), or as

2 || otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for

3 || protection under this Order must be clearly so designated before the material is

4 || disclosed or produced.

5 Designation in conformity with this Order requires:

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

7 || but excluding transcripts of depositions or other pretrial or trial proceedings), that

8 || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

9 || “CONFIDENTIAL legend”), to each page that contains protected material. If only a

10 || portion or portions of the material on a page qualifies for protection, the Producing

2 11 || Party also must clearly identify the protected portion(s) (e.g., by making appropriate

12 || markings in the margins). The “CONFIDENTIAL” legend shall not obstruct the

2 13 || legibility of the designated document and shall be placed in the margins of the

Ss 14 || document whenever possible.

= 15 A Party or Non-Party that makes original documents available for inspection

16 || need not designate them for protection until after the inspecting Party has indicated

17 || which documents it would like copied and produced. During the inspection and

18 || before the designation, all of the material made available for inspection will be

19 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the

20 || documents it wants copied and produced, the Producing Party must determine which

21 || documents, or portions thereof, qualify for protection under this Order. Then, before

22 || producing the specified documents, the Producing Party must affix the

23 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

24 || portion or portions of the material on a page qualifies for protection, the Producing

25 || Party also must clearly identify the protected portion(s) (e.g., by making appropriate

26 || markings in the margins). The “CONFIDENTIAL” legend shall not obstruct the

27 || legibility of the designated document and shall be placed in the margins of the

28 || document whenever possible.

1 For testimony given in depositions that the Designating Party identify the

2 || Disclosure or Discovery Material on the record, before the close of the deposition all

3 || protected testimony.

4 for information produced in some form other than documentary and for any

5 || other tangible items, that the Producing Party affix in a prominent place on the

6 || exterior of the container or containers in which the information is stored the legend

7 ||“CONFIDENTIAL.” If only a portion or portions of the information warrants

8 || protection, the Producing Party, to the extent practicable, will identify the protected

9 || portion(s).

10 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent

2 11 || failure to designate qualified information or items does not, standing alone, waive

12 || the Designating Party’s right to secure protection under this Order for such material.

2 13 || Upon timely correction of a designation, the Receiving Party must make reasonable

S$ 14 || efforts to assure that the material is treated in accordance with the provisions of this

15 || Order.

16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

18 || designation of confidentiality at any time that is consistent with the Court’s

19 || Scheduling Order

20 6.2 Meet and Confer. The Challenging Party will initiate the dispute

21 || resolution process under Local Rule 37.1 et seq.

22 6.3 The burden of persuasion in any such challenge proceeding will be on

23 || the Designating Party. Frivolous challenges, and those made for an improper

24 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other

25 || parties) may expose the Challenging Party to sanctions. Unless the Designating

26 || Party has waived or withdrawn the confidentiality designation, all parties will

27 || continue to afford the material in question the level of protection to which it is

28 || entitled under the Producing Party’s designation until the Court rules on the

1 || challenge.

2 7. ACCESS TO AND USE OF PROTECTED MATERIAL

3 7.1. Basic Principles. A Receiving Party may use Protected Material that is

4 || disclosed or produced by another Party or by a Non-Party in connection with this

5 || Action only for prosecuting, defending, or attempting to settle this Action. Such

6 || Protected Material may be disclosed only to the categories of persons and under the

|| conditions described in this Order. When the Action has been terminated, a

8 || Receiving Party must comply with the provisions of section 13 below (FINAL

9 || DISPOSITION).

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

2 11 || location and in a secure manner that ensures that access is limited to the persons

12 || authorized under this Order.

2 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

S$ 14 || otherwise ordered by the court or permitted in writing by the Designating Party, a

= 15 || Receiving Party may disclose any information or item designated

16 ||“CONFIDENTIAL” only to the Receiving Party’s Outside Counsel of Record in

17 || this Action, as well as employees of said Outside Counsel of Record to whom it is

18 || reasonably necessary to disclose the information for this Action;

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

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

21 Experts (as defined in this Order) of the Receiving Party to whom disclosure

22 ||is reasonably necessary for this Action and who have signed the “Acknowledgment

23 ||and Agreement to Be Bound” (Exhibit A); the Court and its personnel; court

24 || reporters and their staff; professional jury or trial consultants, mock jurors, and

25 || Professional Vendors to whom disclosure is reasonably necessary for this Action

26 ||and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

27 || A); the author or recipient of a document containing the information or a custodian

28 || or other person who otherwise possessed or knew the information; during their

10

1 || depositions, witnesses, and attorneys for witnesses, in the Action to whom

2 || disclosure is reasonably necessary provided: (1) the deposing party requests that the

3 || witness sign the form attached as Exhibit A hereto; and (2) they will not be

4 || permitted to keep any confidential information unless they sign the

5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

6 || agreed by the Designating Party or ordered by the court. Pages of transcribed

7 || deposition testimony or exhibits to depositions that reveal Protected Material may

8 || be separately bound by the court reporter and may not be disclosed to anyone except

9 || as permitted under this Stipulated Protective Order; and any mediator or settlement

10 || officer, and their supporting personnel, mutually agreed upon by any of the parties

2 11 || engaged in settlement discussions.

12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

2 13 || PRODUCED IN OTHER LITIGATION

S$ 14 Ifa Party is served with a subpoena or a court order issued in other litigation

= 15 || that compels disclosure of any information or items designated in this Action as

16 || “CONFIDENTIAL,” that Party must: promptly notify in writing the Designating

17 || Party. Such notification will include a copy of the subpoena or court order; promptly

18 || notify in writing the party who caused the subpoena or order to issue in the other

19 || litigation that some or all of the material covered by the subpoena or order is subject

20 || to this Protective Order. Such notification will include a copy of this Stipulated

21 || Protective Order; and cooperate with respect to all reasonable procedures sought to

22 || be pursued by the Designating Party whose Protected Material may be affected. If

23 || the Designating Party timely seeks a protective order, the Party served with the

24 || subpoena or court order will not produce any information designated in this action

25 ||as “CONFIDENTIAL” before a determination by the court from which the

26 || subpoena or order issued, unless the Party has obtained the Designating Party’s

27 || permission. The Designating Party will bear the burden and expense of seeking

28 || protection in that court of its confidential material and nothing in these provisions

11

1 || should be construed as authorizing or encouraging a Receiving Party in this Action

2 || to disobey a lawful directive from another court.

3 9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

|| PRODUCED IN THIS LITIGATION

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

6 || Party in this Action and designated as “CONFIDENTIAL.” Such information

7 || produced by Non-Parties in connection with this litigation is protected by the

8 || remedies and relief provided by this Order. Nothing in these provisions should be

9 || construed as prohibiting a Non-Party from seeking additional protections.

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

2 11 || produce a Non-Party’s confidential information in its possession, and the Party is

12 || subject to an agreement with the Non-Party not to produce the Non-Party’s

2 13 || confidential information, then the Party will:

S$ 14 (1) promptly notify in writing the Requesting Party and the Non-Party that

15 □□ some or all of the information requested is subject to a confidentiality agreement

16 || with a Non-Party;

17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective

18 || Order in this Action, the relevant discovery request(s), and a reasonably specific

19 || description of the information requested; and

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

21 || if requested.

22 (c) If the Non-Party fails to seek a protective order from this court within 14

23 || days of receiving the notice and accompanying information, the Receiving Party

24 || may produce the Non-Party’s confidential information responsive to the discovery

25 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall

26 || not produce any information in its possession or control that is subject to the

27 || confidentiality agreement with the Non-Party before a determination by the court.

28 || Absent a court order to the contrary, the Non-Party shall bear the burden and

12

1 || expense of seeking protection in this court of its Protected Material.

2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED

3||MATERIAL

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

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

6 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in

7 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

8 || retrieve all unauthorized copies of the Protected Material, (c) inform the person or

9 || persons to whom unauthorized disclosures were made of all the terms of this Order,

10 || and (d) request such person or persons to execute the “Acknowledgment and

2 11 || Agreement to Be Bound” that is attached hereto as Exhibit A.

12 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 13 || PROTECTED MATERIAL

S$ 14 When a Producing Party gives notice to Receiving Parties that certain

15 || inadvertently produced material is subject to a claim of privilege or other protection,

16 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

17 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

18 || may be established in an e-discovery order that provides for production without

19 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar

20 || as the parties reach an agreement on the effect of disclosure of a communication or

21 || information covered by the attorney-client privilege or work product protection, the

22 || parties may incorporate their agreement in the stipulated protective order submitted

23 || to the court.

24 MISCELLANEOUS

25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

26 || person to seek its modification by the Court in the future.

27 12.2 Right to Assert Other Objections. By stipulating to the entry of this

28 || Protective Order no Party waives any right it otherwise would have to object to

13

1 || disclosing or producing any information or item on any ground not addressed in this

2 || Stipulated Protective Order. Similarly, no Party waives any right to object on any

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

4 12.3 Filing Protected Material. A Party that seeks to file under seal any

5 || Protected Material must comply with Civil Local Rule 79-5. Protected Material ay

6 || only be filed under seal pursuant to a court order authorizing the sealing of the

7 || specific Protected Material at issue. If a Party’s request to file Protected Material

8 || under seal is denied by the court, then the Receiving Party may file the information

9 || in the public record unless otherwise instructed by the court.

10 13. FINAL DISPOSITION

2 11 After the final disposition of this Action, as defined in paragraph 4, within 60

12 || days of a written request by the Designating Party, each Receiving Party must return

2 13 || all Protected Material to the Producing Party or destroy such material. As used in

S$ 14 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

15 □□ summaries, and any other format reproducing or capturing any of the Protected

16 || Material. Whether the Protected Material is returned or destroyed, the Receiving

|| Party must submit a written certification to the Producing Party (and, if not the same

18 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

19 || (by category, where appropriate) all the Protected Material that was returned or

20 || destroyed and (2) affirms that the Receiving Party has not retained any copies,

21 || abstracts, compilations, summaries or any other format reproducing or capturing any

22 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to

23 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

24 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

25 || reports, attorney work product, and consultant and expert work product, even if such

26 || materials contain Protected Material. Any such archival copies that contain or

27 || constitute Protected Material remain subject to this Protective Order as set forth in

28 || Section 4 (DURATION).

14

1 14. Any willful violation of this Order may be punished by civil or criminal

2 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary

3 || authorities, or other appropriate action at the discretion of the Court.

4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5|| DATED: August 29, 2023 MANNING & KASS

6 ELLROD, RAMIREZ, TRESTER LLP

7

By: /s/ Craig Smith

9 Craig Smith

10 Attorneys for Defendants, CITY OF

BALDWIN PARK, ERIC CAMACHO and

2 ou JOSE CASTRO

<

> 12) DATED: August 29, 2023 LAW OFFICES OF DALE K. GALIPO

z 13

S 14

<x

= 15 By: /s/ Shannon J. Leap

16 Dale K. Galipo, Esq.

Shannon J. Leap, Esq.

17 Attorneys for Plaintiff

18 ANGEL SANCHEZ

19

909 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

9/11/2023

DATED:

22

23

24 HON. MARGO A. ROCCONI

25 United States Magistrate Judge

26

27

28

l 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] inthe case of Angel Francisco

8 || Sanchez v. City of Baldwin Park, et al., Case No. 2:23-cv-03807-DMG-MAR. I

9 || agree to comply with and to be bound by all the terms of this Stipulated Protective

10 || Order and I understand and acknowledge that failure to so comply could expose me

2 11 |] to sanctions and punishment in the nature of contempt. I solemnly promise that I will

12 || not disclose in any manner any information or item that is subject to this Stipulated

2 13 || Protective Order to any person or entity except in strict compliance with the

Ss 14 || provisions of this Order.

= 15 I further agree to submit to the jurisdiction of the United States District Court

16 || for the Central District of California for the purpose of enforcing the terms of this

17 || Stipulated Protective Order, even if such enforcement proceedings occur after

18 || termination of this action. I hereby appoint [print

19 || or type full name] of [print or type

20 || full address and telephone number] as my California agent for service of process

21 ||in connection with this action or any proceedings related to enforcement of this

22 || Stipulated Protective Order.

23 || Date:

24 || City and State where sworn and signed:

25 || Printed name:

26 || Signature:

27

28