peace 22 officers have constitutionally-based “privacy rights [that] are not 23 inconsequential” in their police personnel records
How later courts described this case
- peace 22 officers have constitutionally-based “privacy rights [that] are not 23 inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
1 LAW OFFICE OF SHARON J. BRUNNER
Sharon J. Brunner, Esq. (SBN: 229931)
2 Email: sharonjbrunner@yahoo.com
14393 Park Avenue, Suite 100
3
Victorville, CA 92392
4 Tel: (760) 243-9997
Fax: (760) 843-8155
5
LAW OFFICE OF JAMES S. TERRELL
6 James S. Terrell, Esq. (SBN. 170409)
Email: jim@talkterrell.com
7 15411 Anacapa Road
Victorville, California 92392
8 Tel: (760) 951-5850
9 ROB BONTA
Attorney General of California
10 RHONDA L. MALLORY
Supervising Deputy Attorney General
11 DOUGLAS E. BAXTER
Deputy Attorney General
12 State Bar No. 201351
600 West Broadway, Suite 1800
13 San Diego, CA 92101
P.O. Box 85266
14 San Diego, CA 92186-5266
Telephone: (619) 738-9567
15 Fax: (619) 645-2581
E-mail: Douglas.Baxter@doj.ca.gov
16 Attorneys for Defendant State of
California (by and through the California
17 Highway Patrol)
18
IN THE UNITED STATES DISTRICT COURT
19
FOR THE CENTRAL DISTRICT OF CALIFORNIA
20
21
22 CHRISTOPHER URQUIJO, Case No.: 5:22-cv-02133-SSS (KKx)
INDIVIDUALLY, LORI MEEKS,
23 INDIVIDUALLY AND AS SUCCESSOR IN STIPULATED PROTECTIVE
INTEREST TO RAYMOND LOFTIN, ORDER
24 DECEASED, Y.L. BY AND THROUGH HIS
GUARDIAN AD LITEM SEBRINA LUCKY, DISCOVERY MATTER
25 INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO RAYMOND LOFTIN, Date: UNDER SUBMISSION
26 DECEASED, E.L. BY AND THROUGH HER Time: UNDER SUBMISSION
GUARDIAN AD LITEM SEBRINA LUCKY, Courtroom: 2
27 INDIVIDUALLY AND AS SUCCESSOR IN Judge: Hon. Kenly Kiya Kato
INTEREST TO RAYMOND LOFTIN,
1 D HIE SC GE UA ASE RD D, I AA NN D A DB . LL IT. EB MY A SN EBD R T IH NR AO UGH
LUCKY, INDIVIDUALLY AND AS
2 SUCCESSOR IN INTEREST TO RAYMOND
LOFTIN, DECEASED,
3
Plaintiffs,
4
v.
5
6
STATE OF CALIFORNIA;
7 CALIFORNIA HIGHWAY PATROL,
AND DOES 1-10,
8
Defendants.
9
10 TO THE HONORABLE COURT:
11 1. A. PURPOSES AND LIMITATIONS
12 Discovery in this action is likely to involve production of confidential,
13 proprietary, or private information for which special protection from public
14 disclosure and from use for any purpose other than prosecuting this litigation
15 may be warranted. Accordingly, the parties hereby stipulate to and petition the
16 Court to enter the following Stipulated Protective Order. The parties
17 acknowledge that this Order does not confer blanket protections on all
18 disclosures or responses to discovery and that the protection it affords from
19 public disclosure and use extends only to the limited information or items that
20 are entitled to confidential treatment under the applicable legal principles. The
21 parties further acknowledge, as set forth in Section 12.3, below, that this
22 Stipulated Protective Order does not entitle them to file confidential information
23 under seal; Civil Local Rule 79-5 sets for the procedures that must be following
24 and the standards that will be applied when a party seeks permission from the
25 court to file material under seal.
26 B. GOOD CAUSE STATEMENT
27 This action is likely to involve confidential, proprietary or private
1 information for which special protection from public disclosure and from use for
2 any purpose other than prosecution of this action is warranted. Such
3 confidential, proprietary and private materials and information consist of, among
4 other things, confidential and private information related to peace officers and
5 department policies including information otherwise generally unavailable to the
6 public, or which may be privileged or otherwise protected from disclosure under
7 state or federal statutes, court rules, case decisions, or common law.
8 Defendant contends that there is good cause and a particularized need for a
9 protective order to preserve the interests of confidentiality and privacy in peace
10 officer personnel file records and associated investigative or confidential records
11 for the following reasons.
12 First, Defendant contends that peace officers have a federal privilege of
13 privacy in their personnel file records: a reasonable expectation of privacy
14 therein that is underscored, specified, and arguably heightened by the Pitchess
15 protective procedure of California law. See Sanchez v. Santa Ana Police Dept.,
16 936 F.2d 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S.
17 Dist. LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while
18 “[f]ederal law applies to privilege based discovery disputes involving federal
19 claims,” the “state privilege law which is consistent with its federal equivalent
20 significantly assists in applying [federal] privilege law to discovery disputes”);
21 Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace
22 officers have constitutionally-based “privacy rights [that] are not
23 inconsequential” in their police personnel records); cf. Cal. Penal Code, §§
24 832.7, 832.8; Cal. Evid. Code, §§ 1040-1047. Defendant further contends that
25 uncontrolled disclosure of such personnel file information can threaten the safety
26 of non-party witnesses, officers, and their families/associates.
27 Second, Defendant contends that municipalities and law enforcement
1 agencies have federal deliberative-executive process privilege, federal official
2 information privilege, federal law enforcement privilege, and federal attorney-
3 client privilege (and/or attorney work product protection) interests in the
4 personnel files of their peace officers – particularly as to those portions of peace
5 officer personnel files that contain critical self-analysis, internal
6 deliberation/decision-making or evaluation/analysis, or communications for the
7 purposes of obtaining or rendering legal advice or analysis – potentially
8 including but not limited to evaluative/analytical portions of Internal Affairs type
9 records or reports, evaluative/analytical portions of supervisory records or
10 reports, and/or reports prepared at the direction of counsel, or for the purpose of
11 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034;
12 Maricopa Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-
13 1095 (9th Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose,
14 114 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-
15 177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or.
16 2007); Admiral Ins. Co. v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495
17 (9th Cir. 1988). Defendant further contends that such personnel file records are
18 restricted from disclosure by the public entity’s custodian of records pursuant to
19 applicable California law and that uncontrolled release is likely to result in
20 needless intrusion of officer privacy; impairment in the collection of third-
21 party witness information and statements and related legitimate law
22 enforcement investigations/interests; and a chilling of open and honest
23 discussion regarding and/or investigation into alleged misconduct that can
24 erode a public entity’s ability to identify and/or implement any remedial
25 measures that may be required.
26 Third, Defendant contends that, since peace officers do not have the same
27 rights as other private citizens to avoid giving compelled statements, it is
1 contrary to the fundamental principles of fairness to permit uncontrolled release
2 of officers’ compelled statements. See generally Lybarger v. City of Los
3 Angeles, 40 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V.
4 Accordingly, Defendant contends that, without a protective order
5 preventing such, production of confidential records in the case can and will likely
6 substantially impair and harm defendant public entity’s interests in candid self-
7 critical analysis, frank internal deliberations, obtaining candid information from
8 witnesses, preserving the safety of witnesses, preserving the safety of peace
9 officers and peace officers’ families and associates, protecting the privacy
10 officers of peace officers, and preventing pending investigations from being
11 detrimentally undermined by publication of private, sensitive, or confidential
12 information – as can and often does result in litigation.
13 In addition, many policies and procedures documents that are likely to be
14 requested in discovery contain highly sensitive and confidential materials that
15 deal with CHP officers’ tactics and practices, the public disclosure of which will
16 put such officers’ lives at risk. Public disclosure of these materials will also
17 hamper and impair law enforcement activities, including detection of criminal
18 activity and apprehension of criminal offenders.
19 Accordingly, to expedite the flow of information, to facilitate the prompt
20 resolution of disputes over confidentiality of discovery materials, to adequately
21 protect information the parties are entitled to keep confidential, to ensure that the
22 parties are permitted reasonable necessary uses of such material in preparation
23 for and in the conduct of trial, to address their handling at the end of the
24 litigation, and serve the ends of justice, a protective order for such information is
25 justified in this matter. It is the intent of the parties that information will not be
26 designated as confidential for tactical reasons and that nothing be so designated
27 without a good faith belief that it has been maintained in a confidential, non-
1 public manner, and there is good cause why it should not be part of the public
2 record of this case.
3 2. DEFINITIONS
4 2.1 Action: This pending federal lawsuit –
5 2.2 Challenging Party: A Party or Non-Party that challenges the
6 designation of information or items under this Order.
7 2.3 “CONFIDENTIAL” Information or Items: Information (regardless
8 of how it is generated, stored or maintained) or tangible things that qualify for
9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
10 the Good Cause Statement.
11 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
12 their support staff).
13 2.5 Designating Party: A Party or Non-Party that designates information
14 or items that it produces in disclosures or in responses to discovery as
15 “CONFIDENTIAL.”
16 2.6 Disclosure or Discovery Material: All items or information,
17 regardless of the medium or manner in which it is generated, stored, or
18 maintained (including, among other things, testimony, transcripts, and tangible
19 things), that are produced or generated in disclosures or responses to discovery in
20 this matter.
21 2.7. Expert: A person with specialized knowledge or experience in a
22 matter pertinent to the litigation who has been retained by a Party or its counsel
23 to serve as an expert witness or as a consultant in this Action.
24 2.8 House Counsel: Attorneys who are employees of a party to this
25 Action (such as CHP Staff Attorneys and their staff). House counsel does not
26 include Outside Counsel of Record or any other outside counsel.
27 2.9 Non-Party: Any natural person including employees and former
1 employees, agency, partnership, corporation, association, or other legal entity not
2 named as a Party to this action.
3 2.10 Outside Counsel of Record: Attorneys who are not employees of a
4 party to this Action but are retained to represent or advise a party to this Action
5 and have appeared in this Action on behalf of that party or are affiliated with a
6 law firm which has appeared on behalf of that party and includes support staff.
7 2.11 Party: Any party to this Action, including all of its officers,
8 directors, employees, consultants, retained experts, and Outside Counsel of
9 Record and House Counsel (and their support staff).
10 2.12 Producing Party: A Party or Non-Party that produces Disclosure or
11 Discovery Material in this Action.
12 2.13 Professional Vendors: Persons or entities that provide litigation
13 support services (e.g., photocopying, videotaping, translating, preparing exhibits
14 or demonstrations, and organizing, storing, or retrieving data in any form or
15 medium) and their employees and subcontractors.
16 2.14 Protected Material: Any Disclosure or Discovery Material that is
17 designated as “CONFIDENTIAL.”
18 2.15 Receiving Party: A Party that receives Disclosure or Discovery
19 Material from a Producing Party.
20 3. SCOPE
21 The protections conferred by this Stipulation and Order cover not only
22 Protected Material (as defined above), but also (1) any information copied or
23 Extracted from Protected Material; (2) all copies, excerpts, summaries, or
24 compilations of Protected Material; and (3) any testimony, conversations, or
25 presentations by Parties or their Counsel that might reveal Protected Material.
26 Any use of Protected Material at trial shall be governed by the orders of
27 the trial judge. This Order does not govern the use of Protected Material at trial.
1 4. DURATION
2 Even after final disposition of this litigation, the confidentiality
3 obligations imposed by this Order shall remain in effect until a Designating Party
4 agrees otherwise in writing or a court order otherwise directs. Final disposition
5 shall be deemed to be the later of (1) dismissal of all claims and defenses in this
6 Action, with or without prejudice; and (2) final judgment herein after the
7 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews
8 of this Action, including the time limits for filing any motions or applications for
9 extension of time pursuant to applicable law.
10 5. DESIGNATING PROTECTED MATERIAL
11 5.1 Exercise of Restraint and Care in Designating Material for
12 Protection. Each Party or Non-Party that designates information or items
13 for protection under this Order must take care to limit any such designation to
14 specific material that qualifies under the appropriate standards. The Designating
15 Party must designate for protection only those parts of material, documents,
16 items, or oral or written communications that qualify so that other portions of the
17 material, documents, items, or communications for which protection is not
18 warranted are not swept unjustifiably within the ambit of this Order.
19 Mass, indiscriminate, or routinized designations are prohibited.
20 Designations that are shown to be clearly unjustified or that have been made for
21 an improper purpose (e.g., to unnecessarily encumber the case development
22 process or to impose unnecessary expenses and burdens on other parties) may
23 expose the Designating Party to sanctions.
24 If it comes to a Designating Party’s attention that information or items that
25 it designated for protection do not qualify for protection, that Designating Party
26 must promptly notify all other Parties that it is withdrawing the inapplicable
27 designation.
1 5.2 Manner and Timing of Designations. Except as otherwise provided
2 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as
3 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies
4 for protection under this Order must be clearly so designated before the material
5 is disclosed or produced.
6 Designation in conformity with this Order requires:
7 (a) For information in documentary form (e.g., paper or
8 electronic documents, but excluding transcripts of depositions or other pretrial or
9 trial proceedings), that the Producing Party affix at a minimum, the legend
10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
11 contains protected material. If only a portion or portions of the material on a page
12 qualifies for protection, the Producing Party also must clearly identify the
13 protected portion(s) (e.g., by making appropriate markings in the margins).
14 A Party or Non-Party that makes original documents available for
15 inspection need not designate them for protection until after the inspecting Party
16 has indicated which documents it would like copied and produced. During the
17 inspection and before the designation, all of the material made available for
18 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
19 identified the documents it wants copied and produced, the Producing Party must
20 determine which documents, or portions thereof, qualify for protection under this
21 Order. Then, before producing the specified documents, the Producing Party
22 must affix the “CONFIDENTIAL legend” to each page that contains Protected
23 Material. If only a portion or portions of the material on a page qualifies for
24 protection, the Producing Party also must clearly identify the protected portion(s)
25 (e.g., by making appropriate markings in the margins).
26 (b) For testimony given in depositions that the Designating Party
27 identify the Disclosure or Discovery Material on the record, before the close of
1 the deposition all protected testimony.
2 (c) For information produced in some form other than
3 documentary and for any other tangible items, that the Producing Party affix in a
4 prominent place on the exterior of the container or containers in which the
5 information is stored the legend “CONFIDENTIAL.” If only a portion or
6 portions of the information warrants protection, the Producing Party, to the
7 extent practicable, shall identify the protected portion(s).
8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
9 failure to designate qualified information or items does not, standing alone,
10 waive the Designating Party’s right to secure protection under this Order for such
11 material. Upon timely correction of a designation, the Receiving Party must
12 make reasonable efforts to assure that the material is treated in accordance with
13 the provisions of this Order.
14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
16 designation of confidentiality at any time that is consistent with the Court’s
17 Scheduling Order.
18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
19 resolution process under Local Rule 37.1 et seq.
20 6.3 The burden of persuasion in any such challenge proceeding shall be
21 on the Designating Party. Frivolous challenges, and those made for an improper
22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
23 parties) may expose the Challenging Party to sanctions. Unless the Designating
24 Party has waived or withdrawn the confidentiality designation, all parties shall
25 continue to afford the material in question the level of protection to which it is
26 entitled under the Producing Party’s designation until the Court rules on the
27 challenge.
1 7. ACCESS TO AND USE OF PROTECTED MATERIAL
2 7.1 Basic Principles. A Receiving Party may use Protected Material that
3 is disclosed or produced by another Party or by a Non-Party in connection with
4 this Action only for prosecuting, defending, or attempting to settle this Action.
5 Such Protected Material may be disclosed only to the categories of persons and
6 under the conditions described in this Order. When the Action has been
7 terminated, a Receiving Party must comply with the provisions of Section 13
8 below (FINAL DISPOSITION).
9 Protected Material must be stored and maintained by a Receiving Party at
10 a location and in a secure manner that ensures that access is limited to the
11 persons authorized under this Order.
12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
13 otherwise ordered by the Court or permitted in writing by the Designating Party, a
14 Receiving Party may disclose any information or item designated
15 “CONFIDENTIAL” only to:
16 (a) The Receiving Party’s Outside Counsel of Record in this
17 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 (b) The officers, directors, and employees (including House
20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
21 this Action;
22 (c) Experts (as defined in this Order) of the Receiving Party to
23 whom disclosure is reasonably necessary for this Action and who have signed
24 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (d) The Court and its personnel;
26 (e) Court reporters and their staff;
27 (f) Professional jury or trial consultants, mock jurors, and
1 Professional Vendors to whom disclosure is reasonably necessary for this Action
2 and who have signed the “Acknowledgment and Agreement to Be Bound”
3 (Exhibit A);
4 (g) The author or recipient of a document containing the
5 information or a custodian or other person who otherwise possessed or knew the
6 information;
7 (h) During their depositions, witnesses, and attorneys for
8 witnesses, in the Action to whom disclosure is reasonably necessary provided:
9 (1) the deposing party requests that the witness sign the form attached as Exhibit
10 1 hereto; and (2) they will not be permitted to keep any confidential information
11 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
12 A), unless otherwise agreed by the Designating Party or ordered by the Court.
13 Pages of transcribed deposition testimony or exhibits to depositions that reveal
14 Protected Material may be separately bound by the court reporter and may not be
15 disclosed to anyone except as permitted under this Stipulated Protective Order;
16 and
17 (i) Any mediator or settlement officer, and their supporting
18 personnel, mutually agreed upon by any of the parties engaged in settlement
19 discussions.
20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
21 PRODUCED IN OTHER LITIGATION OR SOUGHT BY PUBLIC
22 RECORDS ACT REQUEST
23 If a Party is served with a subpoena or a court order issued in other
24 litigation that compels disclosure of any information or items designated in this
25 Action as “CONFIDENTIAL,” that Party must:
26 (a) Promptly notify in writing the Designating Party. Such notification
27 shall include a copy of the subpoena or court order;
1 (b) Promptly notify in writing the party who caused the subpoena or
2 order to issue in the other litigation that some or all of the material covered by
3 the subpoena or order is subject to this Protective Order. Such notification shall
4 include a copy of this Stipulated Protective Order; and
5 (c) Cooperate with respect to all reasonable procedures sought to be
6 pursued by the Designating Party whose Protected Material may be affected.
7 If the Designating Party timely seeks a protective order, the Party served
8 with the subpoena or court order shall not produce any information designated in
9 this action as “CONFIDENTIAL” before a determination by the court from
10 which the subpoena or order issued, unless the Party has obtained the
11 Designating Party’s permission. The Designating Party shall bear the burden and
12 expense of seeking protection in that court of its confidential material and
13 nothing in these provisions should be construed as authorizing or encouraging a
14 Receiving Party in this Action to disobey a lawful directive from another court.
15 A public entity’s compliance with Public Records Act requests (which
16 includes its statutory exemptions) does not constitute a violation of this
17 Protective Order.
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
21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such
22 information produced by Non-Parties in connection with this litigation is
23 protected by the remedies and relief provided by this Order. Nothing in these
24 provisions should be construed as prohibiting a Non-Party from seeking
25 additional protections.
26 (b) In the event that a Party is required, by a valid discovery request, to
27 produce a Non-Party’s confidential information in its possession, and the Party is
1 subject to an agreement with the Non-Party not to produce the Non-Party’s
2 confidential information, then the Party shall:
3 (1) Promptly notify in writing the Requesting Party and the Non-
4 Party that some or all of the information requested is subject to a confidentiality
5 agreement with a Non-Party;
6 (2) Promptly provide the Non-Party with a copy of the Stipulated
7 Protective Order in this Action, the relevant discovery request(s), and a
8 reasonably specific description of the information requested; and
9 (3) Make the information requested available for inspection by
10 the Non-Party, if requested.
11 (c) If the Non-Party fails to seek a protective order from this court
12 within 14 days of receiving the notice and accompanying information, the
13 Receiving Party may produce the Non-Party’s confidential information
14 responsive to the discovery request. If the Non-Party timely seeks a protective
15 order, the Receiving Party shall not produce any information in its possession or
16 control that is subject to the confidentiality agreement with the Non-Party before
17 a determination by the court. Absent a court order to the contrary, the Non-Party
18 shall bear the burden and expense of seeking protection in this court of its
19 Protected Material.
20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
21 If a Receiving Party learns that, by inadvertence or otherwise, it has
22 disclosed Protected Material to any person or in any circumstance not authorized
23 under this Stipulated Protective Order, the Receiving Party must immediately (a)
24 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
25 best efforts to retrieve all unauthorized copies of the Protected Material, (c)
26 inform the person or persons to whom unauthorized disclosures were made of all
27 the terms of this Order, and (d) request such person or persons to execute the
1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as
2 Exhibit A.
3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
4 OTHERWISE PROTECTED MATERIAL
5 When a Producing Party gives notice to Receiving Parties that certain
6 inadvertently produced material is subject to a claim of privilege or other
7 protection, the obligations of the Receiving Parties are those set forth in Federal
8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
9 whatever procedure may be established in an e-discovery order that provides for
10 production without prior privilege review. Pursuant to Federal Rule of Evidence
11 502(d) and (e), insofar as the parties reach an agreement on the effect of
12 disclosure of a communication or information covered by the attorney-client
13 privilege or work product protection, the parties may incorporate their agreement
14 in the Stipulated Protective Order submitted to the Court.
15 12. MISCELLANEOUS
16 12.1 Right to Further Relief. Nothing in this Order abridges the right of
17 any person to seek its modification by the Court in the future.
18 12.2 Right to Assert Other Objections. By stipulating to the entry of this
19 Protective Order, no Party waives any right it otherwise would have to object to
20 disclosing or producing any information or item on any ground not addressed in
21 this Stipulated Protective Order. Similarly, no Party waives any right to object on
22 any ground to use in evidence of any of the material covered by this Protective
23 Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any
25 Protected Material must comply with Civil Local Rule 79-5. Protected Material
26 may only be filed under seal pursuant to a court order authorizing the sealing of
27 the specific Protected Material at issue. If a Party's request to file Protected
1 Material under seal is denied by the court, then the Receiving Party may file the
2 information in the public record unless otherwise instructed by the Court.
3 13. FINAL DISPOSITION
4 After the final disposition of this Action, as defined in Section 4, within
5 sixty (60) days of a written request by the Designating Party, each Receiving
6 Party must return all Protected Material to the Producing Party or destroy such
7 material. As used in this subdivision, “all Protected Material” includes all copies,
8 abstracts, compilations, summaries, and any other format reproducing or
9 capturing any of the Protected Material. Whether the Protected Material is
10 returned or destroyed, the Receiving Party must submit a written certification to
11 the Producing Party (and, if not the same person or entity, to the Designating
12 Party) by the 60 day deadline that (1) identifies (by category, where appropriate)
13 all the Protected Material that was returned or destroyed and (2) affirms that the
14 Receiving Party has not retained any copies, abstracts, compilations, summaries
15 or any other format reproducing or capturing any of the Protected Material.
16 Notwithstanding this provision, Counsel are entitled to retain an archival copy of
17 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
18 memoranda, correspondence, deposition and trial exhibits, expert reports,
19 attorney work product, and consultant and expert work product, even if such
20 materials contain Protected Material. Any such archival copies that contain or
21 constitute Protected Material remain subject to this Protective Order as set forth
22 in Section 4 (DURATION).
23 14. VIOLATION
24 Any violation of this Order may be punished by any and all appropriate
25 measures including, without limitation, contempt proceedings and/or monetary
26 sanctions.
27 / / /
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 Dated: September 28, 2023 Respectfully submitted,
3 ROB BONTA
Attorney General of California
4 RHONDA L. MALLORY
Supervising Deputy Attorney General
5
6
/s/ Douglas E. Baxter
7 DOUGLAS E. BAXTER
Deputy Attorney General
8 Attorneys for Defendant State of
California (by and through the
9 California Highway Patrol)
10
11 Dated: September 28 , 2023 Respectfully submitted,
12 LAW OFFICE OF JAMES TERRELL
LAW OFFICE OF SHARON J.
13 BRUNNER
14
15 /s/ James S. Terrell
JAMES S. TERRELL, ESQ.
16 Attorney for Plaintiffs
17
18 / / /
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
1 STIPULATION SIGNATURE CERTIFICATION
2 I, Douglas E. Baxter, by my signature below, certify that the content of this
3 || document is acceptable to all named counsel above and that I have obtained
4 || authorization from counsel to affix their electronic signatures to this document.
5
6 || Dated: September 28, 2023 Respectfully submitted,
7 ROB BONTA
Attorney General of California
8 RHONDA L. MALLORY
9 Supervising Deputy Attorney Genera
10
/s/ Douglas E. Baxter
11 DOUGLAS E. BAXTER
Deputy Attorney General
12 Attorneys for Defendants State of
California (by and through the
13 California Highway Patrol)
14
15 ENTRY OF PROTECTIVE ORDER
16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18 || DATED: September 29, 2023 len | |
19 HONORABLE KENLY KIYA KATO
United States Magistrate Judge
20
21
22
23
24
25
26
27
28 18
CASE NO.: 5:22-cv-02133-SSS (KKx)
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 perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of
7
California on ____________ [Date] in the case of Christopher Urquijo, et al. v.
8
State of California, California Highway Patrol, et al., Case No. 5:22-cv-02133-
9
SSS (KKx). I agree to comply with and to be bound by all the terms of this
10
Stipulated Protective Order and I understand and acknowledge that failure to so
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comply could expose me to sanctions and punishment in the nature of contempt.
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I solemnly promise that I will not disclose in any manner any information or item
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that is subject to this Stipulated Protective Order to any person or entity except in
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strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District
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Court for the Central District of California for the purpose of enforcing the terms
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of this Stipulated Protective Order, even if such enforcement proceedings occur
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after termination of this action. I hereby appoint
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[print or type full name] of [print or type full
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address and telephone number] as my California agent for service of process in
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connection with this action or any proceedings related to enforcement of this
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Stipulated Protective Order.
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Date:
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City and State where sworn and signed:
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Printed Name:
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Signature:
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CERTIFICATE OF SERVICE
Case Name: Christopher Urquijo, et al. v. State of California, et al.
USDC Central District Case No.: 5:22-cv-02133-SSS (KKx)
I hereby certify that on September 28, 2023, I electronically filed the following
documents with the Clerk of the Court by using the CM/ECF system:
STIPULATED PROTECTIVE ORDER DISCOVERY MATTER
I certify that all participants in the case are registered CM/ECF users and that
service will be accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California and the
United States of America the foregoing is true and correct and that this declaration
was executed on September 28, 2023, at San Diego, California.
T. Zendejas
Declarant Signature
LA2023600905
84174487.docx