peace officers have constitutionally-based “privacy rights 19 || [that] are not inconsequential” in their police personnel records
How later courts described this case
- peace officers have constitutionally-based “privacy rights 19 || [that] are not inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
1 || Eugene P. Ramirez (State Bar No. 134865)
epr@manningllp.com
2 || Kayleigh Andersen (State Bar No. 306442)
Kaa@manningllp.com
3 || MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
801 S. Figueroa St, 15th Floor,
Los Angeles, California 90017-3012
5 || Telephone: Gb) 624-6900
Facsimile: (213) 624-6999
6
Attorneys for Defendants, COUNTY OF
7 RIVERSIDE: YASH PATEL; JOSHUA
FANUEFF; FLORIN BLAJ; KEILA
8 || MENDEZ; and JASON CORTEZ
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12
PRINCESS ROBINSON, individually Case No. 5:23-cv-00799-JAK-KK
13 || and as successor in interest to Robert
Robinson, deceased,
614
Plaintiff, STIPULATED PROTECTIVE
15 ORDER RE CONFIDENTIAL
V. DOCUMENTS
2} 16 [NOTE CHANGES BY COURT]
COUNTY OF RIVERSIDE; YASH
17}|PATEL; JOSHUA FANUEFF;
FLORIN BLAJ; and DOES 1-10,
18 || Inclusive,
Action Filed: 05/04/2023
19 Defendant.
20
21 || TO THE HONORABLE COURT:
22 By and through their counsel of record in this action, plaintiff PRINCESS
23 || ROBINSON, individually and as successor in interest to Robert Robinson, decreased
24 || (“Plaintiff”) and defendants COUNTY OF RIVERSIDE; YASH PATEL; JOSHUA
25 || FANUEFF; FLORIN BLAJ; KEILA MENDEZ; and JASON CORTEZ
26 || (“Defendants”) — the parties — hereby stipulate for the purpose of jointly requesting
27 || that the honorable Court enter a protective order re confidential documents in this
28 || matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26; and any applicable Orders of
1 || the Court] — as follows:
2 GOOD CAUSE STATEMENT
3 | 1. GOOD CAUSE STATEMENT.
4|/1.1. Contentions re Harm from Disclosure of Confidential Materials.
5 Defendants contend that there is good cause and a particularized need for a
6 || protective order to preserve the interests of confidentiality and privacy in peace officer
7 ||personnel file records and associated investigative or confidential records for the
8 || following reasons.
9 First, Defendants contend that peace officers have a federal privilege of privacy
10||in their personnel file records: a reasonable expectation of privacy therein that is
11 || underscored, specified, and arguably heightened by the Pitchess protective procedure
12 || of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034
13 || (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-
14}| 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based
15 discovery disputes involving federal claims,” the “state privilege law which is
16 ||consistent with its federal equivalent significantly assists in applying [federal]
! privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613
18 || n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights
19 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code
201/§§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that
21 || uncontrolled disclosure of such personnel file information can threaten the safety of
22 ||non-party witnesses, officers, and their families/associates.
23 Second, Defendants contend that municipalities and law enforcement agencies
24 ||have federal deliberative-executive process privilege, federal official information
25 || privilege, federal law enforcement privilege, and federal attorney-client privilege
26 || (and/or attorney work product protection) interests in the personnel files of their peace
27 || officers — particularly as to those portions of peace officer personnel files that contain
28 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or
1 || communications for the purposes of obtaining or rendering legal advice or analysis —
2 || potentially including but not limited to evaluative/analytical portions of Internal
3 || Affairs type records or reports, evaluative/analytical portions of supervisory records
4||or reports, and/or reports prepared at the direction of counsel, or for the purpose of
5 || obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa
6 || Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir.
7 || 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654,
8 || 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998);
9 || Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.
10 || v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants
«| further contend that such personnel file records are restricted from disclosure by the
12 || public entity’s custodian of records pursuant to applicable California law and that
13 || uncontrolled release is likely to result in needless intrusion of officer privacy;
14 ||impairment in the collection of third-party witness information and statements
| ]/and related legitimate law enforcement investigations/interests; and a chilling of
2 16|}open and honest discussion regarding and/or investigation into alleged
misconduct that can erode a public entity’s ability to identify and/or implement
18 |] any remedial measures that may be required.
19 Third, Defendants contend that, since peace officers do not have the same rights
20 ||as other private citizens to avoid giving compelled statements, it is contrary to the
21||fundamental principles of fairness to permit uncontrolled release of officers’
22 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,
23 || 828-830 (1985); cf. U.S. Const., amend V.
24 Accordingly, Defendants contend that, without a protective order preventing
25 || such, production of confidential records in the case can and will likely substantially
26 ||impair and harm defendant public entity’s interests in candid self-critical analysis,
27 || frank internal deliberations, obtaining candid information from witnesses, preserving
28 || the safety of witnesses, preserving the safety of peace officers and peace officers’
1 ||families and associates, protecting the privacy officers of peace officers, and
2||preventing pending investigations from being detrimentally undermined by
3 || publication of private, sensitive, or confidential information — as can and often does
4 || result in litigation.
5 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve
6 || the respective interests of the parties without the need to further burden the Court with
7 ||such issues. Specifically, the parties jointly contend that, absent this Stipulation and
§ ||its associated Protective Order, the parties' respective privilege interests may be
9 || impaired or harmed, and that this Stipulation and its associated Protective Order may
10 || avoid such harm by permitting the parties to facilitate discovery with reduced risk that
11 || privileged and/or sensitive/confidential information will become matters of public
12 || record.
13 1.2. The parties jointly contend that there is typically a particularized need
14||for protection as to any medical or psychotherapeutic records and autopsy
15 photographs, because of the privacy interests at stake therein. Because of these
2 16 || sensitive interests, a Court Order should address these documents rather than a private
||agreement between the parties.
18 1.3. The parties therefore stipulate that there is Good Cause for, and hereby
19 || jointly request that the honorable Court issue/enter, a Protective Order re confidential
20 || documents consistent with the terms and provisions of this Stipulation. However, the
21 |jentry of a Protective Order by the Court pursuant to this Stipulation shall not be
22 ||construed as any ruling by the Court on the aforementioned legal statements or
23 || privilege claims in this section (§ 1), nor shall this section be construed as part of any
24 || such Court Order.
25 A. PURPOSES AND LIMITATIONS.
26 Disclosure and discovery activity in this action are likely to involve production
27 || of confidential, proprietary, or private information for which special protection from
28 || public disclosure and from use for any purpose other than prosecuting or defending
1 || this litigation would be warranted. Accordingly, the parties hereby stipulate to and
2 || petition the court to enter the following Stipulation and an associated Order.
3 The parties acknowledge that this Stipulation and associated Order does not
4||confer blanket protections on all disclosures or responses to discovery and that the
5 || protection it affords extends only to the specified information or items that are entitled
6 || to treatment as confidential.
7 The parties further acknowledge, as set forth below, that this Stipulation and
8 ||Order creates no entitlement to file confidential information under seal; Central
9 || District Local Rules 79-5.1 and 79-5.2 set(s) forth the procedures that must be
10 || followed and reflects the standards that will be applied when a party seeks permission
11 || from the court to file material under seal.
12 Nothing in this Stipulation or associated Order shall be construed so as to
13 ||require or mandate that any Party disclose or produce privileged information or
14||records that could be designated as Confidential Documents/Protected Material
| 15 hereunder.
16 2. DEFINITIONS.
17 2.1. Party: any party to this action, including all of its officers, directors,
18 |} employees, agents, consultants, retained experts, house counsel and outside counsel
19 || (and/or the support staff thereof).
20 2.2. Disclosure or Discovery Material: all items or information, regardless
21 ||of the medium or manner generated, stored or maintained (including, among other
22 || things, testimony, transcripts, or tangible things) that are produced — or generated in
23 || disclosures or responses to discovery — by any Party in this matter.
24 2.3. “Confidential” Information or Items: information (regardless of the
25 || medium or how generated, stored, or maintained) or tangible things that qualify for
26 || protection under standards developed under Federal Rule of Civil Procedure 26(c)
27 ||and/or applicable federal privileges. This material includes, but is not limited to,
28 medical records, psychotherapeutic records, and autopsy photographs; as well as
1 || peace officer personnel records as defined by California Penal Code sections 832.8,
2 || 832.5, 832.7 and the associated case law; and other similar confidential records
3 || designated as such.
4 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material
5 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking
6 ||a deposition or comparable testimony.
7 2.5. Producing Party: a Party or non-party that produces Disclosure or
8 || Discovery Material in this action, including a Party that is defending a deposition
9 ||noticed or subpoenaed by another Party; additionally, for the limited purpose of
10 || designating testimony subject to this Stipulation and Order pursuant to section 6.2(b)
11 || (infra), a “Producing Party” shall also be construed to include a Party that is attending
12 || and/or participating in a non-party deposition noticed/subpoenaed by another Party.
13 2.6. Designating Party: a Party or non-party that designates information or
14||items that it produces in disclosures or in responses to discovery as
15 ||“CONFIDENTIAL.”
16 2.7. Challenging Party: a Party or non-party that challenges the designation
of information or items under this Stipulation and any associated Protective Order.
18 2.8. Protected Material: any Disclosure or Discovery Material that 1s
19 || designated as “CONFIDENTIAL” under the provisions of this Stipulation and
20 || Protective Order. (The term “Confidential Document” shall be synonymous with the
21 |/term “Protected Material” for the purposes of this Stipulation and any associated
22 || Protective Order.)
23 2.9. Qutside Counsel: attorneys who are not employees of a Party but who
24 || are retained to represent or advise a Party in this action (as well as their support staffs).
25 2.10. House Counsel: attorneys who are employees of a Party (as well as their
26 || support staffs).
27 2.11. Non-Party: Any natural person, partnership, corporation, association, or
28 || other legal entity not named as a Party to this action.
l 2.12. Counsel (without qualifier): Outside Counsel and House Counsel (as
2 || well as their support staffs).
3 2.13. Expert: a person with specialized knowledge or experience in a matter
4 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
5 ||an expert witness or as a consultant in this action and who is not a past or a current
6 || employee of a Party and who, at the time of retention, is not anticipated to become an
7||employee of a Party or a competitor of a Party’s; as well as any person retained,
8 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil
9 || Procedure 26(a)(2) or other applicable discovery Rules or statutes.
10 2.13. Professional Vendors: persons or entities that provide litigation support
||services (e.g., photocopying; videotaping; translating; preparing exhibits or
12 || demonstrations; and/or organizing, storing, retrieving data in any form or medium;
13 || etc.); and their employees and subcontractors.
14|[3. | SCOPE OF PROTECTION.
15 The protections conferred by this Stipulation and its associated Order cover not
2 16 || only Protected Material/Confidential Documents (as defined above), but also (1) any
| —17]linformation copied or extracted from Protected Material; (2) all copies, excerpts,
18 ||summaries, or compilations of Protected Material; and (3) any testimony,
19 || conversations, or presentations by Parties or their Counsel that might reveal Protected
20 || Material. However, the protections conferred by this Stipulation and its associated
21 || Order do not cover the following information: (a) any information that is in the public
22 ||domain at the time of disclosure to a Receiving Party or becomes part of the public
23 || domain after its disclosure to a Receiving Party as a result of publication not involving
24 || a violation of this Order, including becoming part of the public record through trial or
25 || otherwise; and (b) any information known to the Receiving Party prior to the
26 || disclosure or obtained by the Receiving Party after the disclosure from a source who
27 || obtained the information lawfully and under no obligation of confidentiality to the
28 || Designating Party.
l Any use of Protected Material at trial or other court hearings or proceedings
2 || shall be governed by the Orders of the trial judge, and the Stipulated Protective Order
3 || does not govern the use of Protected Material at trial.
4|/4. DURATION OF PROTECTION.
5 Even after final disposition of this litigation, the confidentiality obligations
6 ||imposed by this Order shall remain in effect until a Designating Party agrees
7 || otherwise in writing, until a court order otherwise directs, or until a given piece of
8 || information or material designated as “CONFIDENTIAL” is admitted into evidence
9 || at trial.
10 Final disposition shall be deemed to be the later of (1) dismissal of all claims
11 || and defenses in this action, with or without prejudice; and (2) final judgment herein
12 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or
13 || reviews of this action, including the time limits for filing any motions or applications
14 || for extension of time pursuant to applicable law.
15/5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL
DOCUMENTS.
16
17 5.1. Exercise of Restraint and Care in Designating Material for Protection.
18 Each Party or non-party that designates information or items for protection
under this Stipulation and its associated Order must take care to limit any such
20 || designation to specific material that qualifies under the appropriate standards. A
21 || Designating Party must take care to designate for protection only those parts of
22 || material, documents, items, or oral or written communications that qualify — so that
23 ||}other portions of the material, documents, items or communications for which
24 || protection is not warranted are not swept unjustifiably within the ambit of this Order.
25 Mass, indiscriminate, or routine designations are prohibited. Designations that
26 || are shown to be clearly unjustified, or that have been made for an improper purpose
27 || (e.g., to unnecessarily encumber or retard the case development process, or to impose
28 || unnecessary expenses and burdens on other parties), expose the Designating Party to
1 || sanctions.
2 If it comes to a Designating Party’s or a Non-Party’s attention that information
3 || or items that it designated for protection do not qualify for protection at all, or do not
4 || qualify for the level of protection initially asserted, that Designating Party or Non-
5||Party must promptly notify all other Parties that it is withdrawing the mistaken
6 || designation.
7 5.2. Manner and Timing of Designations. Except as otherwise provided in
8 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection
9 || under this Order must be clearly so designated before the material is disclosed or
10 || produced.
11 Designation in conformity with this Order requires:
12 (a) for information in documentary form (apart from transcripts of
13 || depositions or other pretrial or trial proceedings, and regardless of whether produced
14|}in hardcopy or electronic form), that the Producing Party affix the legend
| 15||“CONFIDENTIAL” to each page that contains Protected Material. If only a portion
16 || or portions of the material on a page qualifies for protection, the Producing Party also
—17]||must clearly identify the protected portion(s) (e.g., by making appropriate markings
18 || in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The
19 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the
20 || substance of the page’s (or pages’) text or content and shall be in the margin of the
21 || document whenever possible.
22 A Party or Non-Party that makes original documents or materials available for
23 || inspection need not designate them for protection until after the inspecting Party has
24 || indicated which material it would like copied and produced. During the inspection
25 || and before the designation, all of the material made available for inspection shall be
26 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
27 ||it wants copied and produced, the Producing Party must determine which documents,
28 || or portions thereof, qualify for protection under this Order. Then, before producing
1 ||the specified documents, the Producing Party must affix the “CONFIDENTIAL”
2 || legend to each page that contains Protected Material. If only a portion or portions of
3 || the material on a page qualifies for protection, the Producing Party also must clearly
4|lidentify the protected portion(s) (e.g., by making appropriate markings in the
5 || margins).
6 (b) for testimony given in deposition or in other pretrial or trial proceedings,
7 || that the Party or non-party offering or sponsoring the testimony identify on the record,
8 ||before the close of the deposition, hearing, or other proceeding, all protected
9 ||testimony, and further specify any portions of the testimony that qualify as
10 || “CONFIDENTIAL.” When it is impractical to identify separately each portion of
11 || testimony that is entitled to protection, and when it appears that substantial portions
12 || of the testimony may qualify for protection, the Producing Party may invoke on the
13 || record (before the deposition or proceeding is concluded) a right to have up to twenty
|| (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.”
15 Only those portions of the testimony that are appropriately designated as
2 16 ||“CONFIDENTIAL” for protection within the 20 days shall be covered by the
—17]| provisions of this Stipulation and its associated Protective Order.
18 The court reporter must affix to each such transcript page containing Protected
19 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party.
20 (c) for information produced in some form other than documentary, and for
21 || any other tangible items (including but not limited to information produced on disc or
22 || electronic data storage device), that the Producing Party affix in a prominent place on
23 || the exterior of the container or containers in which the information or item is stored
24 || the legend “CONFIDENTIAL.” If only portions of the information or item warrant
25 || protection, the Producing Party, to the extent practicable, shall identify the protected
26 || portions, specifying the material as “CONFIDENTIAL.”
27 5.3. Inadvertent Failures to Designate. If timely corrected (within 30 days of
28 production or disclosure of such material), an inadvertent failure to designate
1 || qualified information or items as “CONFIDENTIAL” does not, standing alone, waive
2 ||the Designating Party’s right to secure protection under this Stipulation and its
3 || associated Order for such material. If material is appropriately designated as
4 || “CONFIDENTIAL” after the material was initially produced, the Receiving Party, on
5 || timely notification of the designation, must make reasonable efforts to assure that the
6 || material is treated in accordance with this Stipulation and its associated Order.
7 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.
8 6.1. Timing of Challenges. Any Party or Non-Party may challenge a
9 ||designation of confidentiality at any time that is consistent with the Court's
10 || Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality
11 designation is necessary to avoid foreseeable substantial unfairness, unnecessary
12 |}economic burdens, or a later significant disruption or delay of the litigation, a Party
13 || does not waive its right to challenge a confidentiality designation by electing not to
|| mount a challenge promptly after the original designation is disclosed.
15 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a
2 16 || Challenging Party shall initiate a dispute resolution process by providing written
| —17||notice of each specific designation it is challenging, and describing the basis (and
18 || supporting authority or argument) for each challenge. To avoid ambiguity as to
19 || whether a challenge has been made, the written notice must recite that the challenge
20 || to confidentiality is being made in accordance with this specific paragraph of the
21 ||associated Protective Order. The parties shall attempt to resolve each challenge in
22 good faith and must begin the process by conferring directly (in voice to voice
23 || dialogue, either in person, telephonically, or by other comparable means, but not by
24 || correspondence) within 14 days of the date of service of notice.
25 In conferring, the Challenging Party must explain the specific basis for its belief
26 || that the confidentiality designation was not proper and must give the Designating
27 || Party an opportunity to review the designated material, within 14 days of the date of
28 || the conference of the parties, to reconsider the circumstances, and, if no change in
1 || designation is offered, to explain the basis for the chosen designation. A Challenging
2 || Party may proceed to the next stage of the challenge process only if it has engaged in
3 || this meet and confer process first or establishes that the Designating Party is unwilling
4 || to participate in the meet and confer process in a timely manner.
5 Frivolous challenges, and those challenges made for an improper purpose (e.g.,
6 || to harass or impose unnecessary expenses and burdens on other parties), may expose
7 || the Challenging Party to sanctions.
8 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality
9 ||challenge without court intervention, the Challenging Party shall file and serve a
10 || motion to remove confidentiality (under the applicable rules for filing and service of
11 || discovery motions) within 14 days of the parties agreeing that the meet and confer
12 || process will not resolve their dispute, or by the first day of trial of this matter,
13 || whichever date is earlier — unless the parties agree in writing to a longer time.
14 The parties must strictly comply with Central District Local Rules 37-1 and 37-
15/2 (including the joint stipulation re discovery dispute requirement) in any motion
2 16 || associated with this Protective Order. Any motion challenging a party's designation
of material as Confidential Information or seeking to modify or amend the proposed
18 || protective order must be brought at a time consistent with the Court's Scheduling
19 || Order and in strict compliance with Local Rules 37-1 and 37-2 (including the Joint
20 || Stipulation requirement).
21 Each such motion must be accompanied by a competent declaration affirming
22 || that the movant has complied with the meet and confer requirements imposed in the
23 || preceding paragraph.
24 The burden of persuasion in any such challenge proceeding shall be on the
25 || Designating Party, regardless of whether the Designating Party is the moving party or
26 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and
27 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses
28 || and burdens on other parties) may expose the Challenging Party to sanctions. Unless
1 || the Designating Party has waived the confidentiality designation by failing to oppose
2 ||a motion to remove confidentiality as described above, all parties shall continue to
3 || afford the material in question the level of protection to which it is entitled under the
4 || Producing Party’s designation until the court rules on the challenge.
5 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
6 || Designating Party may remove Protected Material/Confidential Documents from
7 ||some or all of the protections and provisions of this Stipulation and its associated
8 || Order at any time by any of the following methods:
9 (a) Express Written Withdrawal. A Designating Party may withdraw a
10||““CONFIDENTIAL” designation made to any specified Protected Material
11 ||/Confidential Documents from some or all of the protections of this Stipulation and
12 || its associated Order by an express withdrawal in a writing signed by such Party (or
13 ||such Party’s Counsel, but not including staff of such Counsel) that specifies and
14 ||itemizes the Disclosure or Discovery Material previously designated as Protected
| 15 ||Material/Confidential Documents that shall no longer be subject to all or some of the
2 16 || provisions of this Stipulation and Order. Such express withdrawal shall be effective
—17]|when transmitted or served upon the Receiving Party. If a Designating Party is
18 || withdrawing Protected Material from only some of the provisions/ protections of this
19 || Stipulation and Order, such Party must state which specific provisions are no longer
20||to be enforced as to the specified material for which confidentiality protection
21|/hereunder is withdrawn: otherwise, such withdrawal shall be construed as a
22 || withdrawal of such material from all of the protections/provisions of this Stipulation
23 || and Order;
24 (b) Express Withdrawal on the Record. A Designating Party may withdraw
25}}a “CONFIDENTIAL” designation made to any _ specified Protected
26 || Material/Confidential Documents from all of the provisions/protections of this
27 || Stipulation and its associated Order by verbally consenting in court proceedings on
28 ||the record to such withdrawal — provided that such withdrawal specifies the
1 || Disclosure or Discovery Material previously designated as Protected Material/
2 || Confidential Documents that shall no longer be subject to any of the provisions of this
3 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected
4 || Material from only some of the protections/provisions of this Stipulation and Order
5 || by this method;
6 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A
7 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”
8 || designation made to any specified Protected Material/Confidential Documents from
9 || all of the provisions/protections of this Stipulation and Order by either (1) making
|| such Protected Material/Confidential Records part of the public record — including
|} but not limited to attaching such as exhibits to any filing with the court without
12 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely
13 || oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to
14 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and
| 15||Order shall be construed so as to require any Party to file Protected
2 16 || Material/Confidential Documents under seal, unless expressly specified herein.
17)/7. ACCESS TO AND USE OF PROTECTED MATERIAL.
18 7.1. Basic Principles. A Receiving Party may use Protected Material that is
19 || disclosed or produced by another Party or by a non-party in connection with this case
20 || only for preparing, prosecuting, defending, or attempting to settle this litigation — up
21 || to and including final disposition of the above-entitled action — and not for any other
22 || purpose, including any other litigation or dispute outside the scope of this action.
23 || Such Protected Material may be disclosed only to the categories of persons and under
24 || the conditions described in this Stipulation and its associated Order. When the above
25 || entitled litigation has been terminated, a Receiving Party must comply with the
26 || provisions of section 12, below (FINAL DISPOSITION).
27 Protected Material must be stored and maintained by a Receiving Party at a
28 || location and in a secure manner that ensures that access is limited to the persons
1 || authorized under this Stipulation and its Order.
2 7.2. Disclosure _of “CONFIDENTIAL” Information or Items. Unless
3 || otherwise ordered by the Court or permitted in writing by the Designating Party, a
4 || Receiving Party may disclose any information or item designated CONFIDENTIAL
5 || only to:
6 (a) the Receiving Party’s Outside Counsel of record in this action, as well
7 ||as employees of such Counsel to whom it is reasonably necessary to disclose the
8 || information for this litigation;
9 (b) the officers, directors, and employees (including House Counsel) of the
10 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each
11 ||of whom, by accepting receipt of such Protected Material, thereby agree to be bound
12 || by this Stipulation and Order;
13 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party
14||to whom disclosure is reasonably necessary for this litigation — each of whom, by
15 accepting receipt of such Protected Material, thereby agree to be bound by this
2 16 || Stipulation and Order;
RI 17 (d) Professional Vendors to whom disclosure is reasonably necessary for
18 || this litigation — each of whom, by accepting receipt of such Protected Material,
19 || thereby agree to be bound by this Stipulation and Order;
20 (e) during their depositions, witnesses in the action to whom disclosure is
21 |/reasonably necessary — each of whom, by accepting receipt of such Protected
22 ||Material, thereby agree to be bound by this Stipulation and Order. Pages of
23 || transcribed deposition testimony or exhibits to depositions that reveal Protected
24 || Material must have a confidential designation affixed by the court reporter to such
25 || pages containing Protected Material and such may not be disclosed to anyone except
26 || as permitted under this Stipulation and its Protective Order.
27 (f) the author or custodian of a document containing the information that
28 || constitutes Protected Material, or other person who otherwise possessed or knew the
1 || information.
2 (g) the court and its personnel, including court reporters and their staff.
3 || Protected Material may be disclosed to the court and its personnel without requiring
4 || such persons to agree to be bound by the Stipulation and Order.
5 (h) any mediator or settlement officer, and their supporting personnel,
6 || mutually agreed upon by any of the parties engaged in settlement discussions.
7 7.3. Requirement to File Confidential Documents Under Seal. Confidential
8 || Documents may be submitted in all law and motion proceedings before the Court if
9 || done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or
10 || United States District Court, Central District of California Local Rules 79-5.1 and 79-
11|}5.2 (as applicable) and pursuant to the provisions of this Stipulation and any
12 || associated Order. If any Receiving Party attaches any Confidential Documents to any
13 || pleading, motion, or other paper to be filed, lodged, or otherwise submitted to the
|| Court, such Confidential Document(s) shall be filed/lodged under seal pursuant to
| 15 |] Federal Rules of Civil Procedure 5.2 and 26 ander United States District Court,
16 || Central District of California Local Rules 79-5.1 and 79-5.2 to the extent applicable.
—17]|A Party that seeks to file under seal any Confidential Documents must comply with
18 || Civil Local Rule 79-5. Confidential Documents may only be filed under seal pursuant
19 || to a court order authorizing the sealing of the specific Protected Material at issue. If
20 Party’s request to file Protected Material under seal 1s denied by the court, then the
21 ||Receiving Party may file the information in the public record unless otherwise
22 || instructed by the court.
23 However, this paragraph (§| 7.3) shall not be construed so as to prevent a
24 || Designating Party or counsel from submitting, filing, lodging, or publishing any
25 ||document it has previously designated as a Confidential Document without
26 || compliance with this paragraph’s requirement to do so under seal (1.e., a producing-
27 || disclosing party or counsel may submit or publish its own Confidential Documents
28 || without being in violation of the terms of this Stipulation and its Protective Order).
l Furthermore, a Receiving Party shall be exempted from the requirements of
2 ||this paragraph as to any specifically identified Confidential Document(s) where —
3 || prior to the submission or publication of the Confidential Document(s) at issue — the
4||Designating Party of such specifically identified Confidential Document(s) has
5 || waived/withdrawn the protections of this Stipulation and its Order (pursuant to
6 || paragraph 6.4, supra).
7 A Receiving Party shall also be exempt from the sealing requirements of this
8 || paragraph (4 7.3) where the Confidential Documents/Protected Material at issue is/are
9 || not documents, records, or information regarding or incorporating:
10 (1) private, personal information contained in peace officer personnel files
«| ]/(such as social security numbers, driver’s license numbers or comparable personal
12 || government identification numbers, residential addresses, compensation or pension
13 || or personal property information, credit card numbers or credit information, dates of
14 || birth, tax records and information, information related to the identity of an officer’s
15 family members or co-residents, and comparable personal information about the
2 16 || officer or his family);
17 (2) any internal affairs or comparable investigation by any law enforcement
18 || agency into alleged officer misconduct; and/or
19 (3) the medical records or records of psychiatric or psychological treatment of
20 || any peace officer or party to this action.
21 Nothing in this paragraph shall be construed to bind the Court or its authorized
22 ||staff so as to limit or prevent the publication of any Confidential Documents to the
23 || jury or factfinder, at the time of trial of this matter, where the Court has deemed such
24 || Confidential Documents to be admissible into evidence.
25 Nothing in this Stipulation or in any associated Order shall be construed as any
26 || entitlement for the parties to file any documents or materials under seal; nor shall the
27 parties’ Stipulation or this Order be construed as any exemption from any of the
28 || requirements of Central District Local Rule 79-5. The parties are required to comply
1 || with the applicable Local Rules in their entirety. H+he-Courtdenies-a-party-s+equest
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3 || otherwise nstructed by the Court.
4|/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION.
° If a Party is served with a subpoena or a court order issued in other litigation
° that compels disclosure of any information or items designated in this action as
’ “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party, preferably (though not
? necessarily) by facsimile or electronic mail. Such notification shall include a copy of
0 the subpoena or court order at issue;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena
° or order is subject to this Stipulation and its Protective Order. Such notification shall
4 include a copy of this Stipulation and its Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
5 : by all sides in any such situation, while adhering to the terms of this Stipulation and
its Order.
6 If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order shall not produce any information designated in this action
as “CONFIDENTIAL” before a determination by the court from which the subpoena
or order issued, unless the Party has obtained the Designating Party’s permission. The
2 Designating Party shall bear the burden and expense of seeking protection in that court
°° of its confidential material — and nothing in these provisions should be construed as
authorizing or encouraging a Receiving Party in this action to disobey a lawful
> directive from another court.
° The purpose of this section is to ensure that the affected Party has a meaningful
opportunity to preserve its confidentiality interests in the court from which the
1 || subpoena or court order issued.
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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION.
(a) The terms of this Stipulation and Order are applicable to information
° produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
information produced by Non-Parties in connection with this litigation is protected by
° the remedies and relief provided by this Stipulation and Order. Nothing in these
° provisions should be construed as prohibiting a Non-Party from seeking additional
’ protections.
(b) In the event that a Party is required, by a valid discovery request, to
? produce a Non-Party’s confidential information in its possession, and the Party is
0 subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party
that some or all of the information requested is subject to a confidentiality agreement
with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
5 : Protective Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and
6 (3) make the information requested available for inspection by the
Non-Party, if requested.
(c) Ifthe Non-Party fails to seek a protective order from this court within 14
days of receiving the notice and accompanying information, the Receiving Party may
2 produce the Non-Party’s confidential information responsive to the discovery request.
°° If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
any information in its possession or control that is subject to the confidentiality
> agreement with the Non-Party before a determination by the court. Absent a court
° order to the contrary, the Non-Party shall bear the burden and expense of seeking
protection in this court of its Protected Material.
1}}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
2 10.1. Unauthorized Disclosure of Protected Material.
3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
4 || Protected Material to any person or in any circumstance not authorized under this
5 || Stipulation and Order, the Receiving Party must immediately:
6 (a) notify in writing the Designating Party of the unauthorized disclosures;
7 (b) use its best efforts to retrieve all copies of the Protected Material;
8 (c) inform the person or persons to whom unauthorized disclosures were made
9 || of all the terms of this Order; and
10 (d) request such person or persons consent to be bound by the Stipulation and
=| |/Order.
12 10.2. Inadvertent Production of Privileged or Otherwise Protected Material.
13 When a Producing Party gives notice to Receiving Parties that certain
14 || inadvertently produced material is subject to a claim of privilege or other protection,
| 15 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
16 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
| —17]|may be established in an e-discovery order that provides for production without prior
18 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
parties reach an agreement on the effect of disclosure of a communication or
20 || information covered by the attorney-client privilege or work product protection, the
21 || parties may incorporate their agreement in the stipulated protective order submitted
22 || to the court.
23|}11. PUBLICATION OF PROTECTED MATERIAL PROHIBITED.
24 11.1. Filing of Protected Material.
25 Without advance written permission from the Designating Party, or a court
26 || order secured after appropriate notice to all interested persons, and except as permitted
27 || under paragraph 7.3, supra, a Receiving Party may not file in the public record in this
28 ||action any Protected Material. A Party that seeks to file under seal any Protected
1 || Material must comply with the applicable Federal and Local Rules.
2 11.2. Public Dissemination of Protected Material.
3 A Receiving Party shall not publish, release, post, or disseminate Protected
4 || Material to any persons except those specifically delineated and authorized by this
5 || Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish,
6 || release, leak, post, or disseminate Protected Material/Confidential Documents to any
7 || news media, member of the press, website, or public forum (except as permitted under
8 || paragraph 7.3, supra, regarding filings with the court in this action and under seal).
9]}12. FINAL DISPOSITION.
10 After the final disposition of this Action, as defined in paragraph 4, within 60
11 || days of a written request by the Designating Party, each Receiving Party must return
12 || all Protected Material to the Producing Party or destroy such material. As used in this
13 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
14||}summaries, and any other format reproducing or capturing any of the Protected
| ||Material. Whether the Protected Material is returned or destroyed, the Receiving Party
2 16 || must submit a written certification to the Producing Party (and, if not the same person
—17]lor entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
18 || category, where appropriate) all the Protected Material that was returned or destroyed
19 ||and (2)affirms that the Receiving Party has not retained any copies, abstracts,
20 || compilations, summaries or any other format reproducing or capturing any of the
21 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
||archival copy of all pleadings, motion papers, trial, deposition, and hearing
23 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
24 || reports, attorney work product, and consultant and expert work product, even if such
25 ||materials contain Protected Material. Any such archival copies that contain or
26 || constitute Protected Material remain subject to this Protective Order as set forth in
27 || Section 4 (DURATION).
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1}}13. MISCELLANEOUS.
2 13.1. Right to Further Relief. Nothing in this Stipulation and its Order
3 || abridges the right of any person to seek its modification by the Court in the future.
4 13.2. Right to Assert Other Objections. By stipulating to the entry of a
5 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise
6 || would have to object to disclosing or producing any information or item on any
7 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any
8 || right to object on any ground to use in evidence any of the material covered by this
9 || Stipulation and its Protective Order.
10 13.3. Any violation of this Order may be punished by any and all appropriate
11 |}measures including, without limitation, contempt proceedings and/or monetary
12 || sanctions.
43 13.4. This Stipulation may be signed in counterpart and a facsimile or
14 || electronic signature shall be as valid as an original signature.
15 IT IS SO STIPULATED.
DATED: September 26, 2023 MANNING & KASS
7 ELLROD, RAMIREZ, TRESTER LLP
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19 By: isi Kayleigh A. Andersen
20 Eugene P. Ramirez
1 Kayleigh Andersen
Attorneys for Defendants, COUNTY OF
22 RIVERSIDE; YASH PATEL; JOSHUA
3 FANUEFF; FLORIN BLAJ; KEILA
MENDEZ; and JASON CORTEZ
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1 |} DATED: September 26, 2023 LAW OFFICES OF DALE K. GALIPO
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By: /s/ Benjamin Levine
3 Dale K. Galipo, Esq.
Benjamin Levine, Esq.
4 Attorneys for Plaintiffs
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1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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3 DATED: September 27, 2023
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7 HON. KENLY KTYA KATO
United States Magistrate Judge
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