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
- even stipulated 7 protective orders require good cause showing
Written by the judges who cited it.
The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 E.K.B., a minor, by and through his Case No. 2:23-CV-01067 SPG (JDEx)
Guardian Ad Litem, Nakisha Mitchell; [District Judge: Sherilyn P. Garnett;
12 NAKISHA MITCHELL, individually Magistrate Judge: John D. Early]
and as Administrator of the Estate of
13
Jerome Rory Barber,
STIPULATED PROTECTIVE
14
PLAINTIFFS, ORDER
15
V.
16
CITY OF AZUSA, a public entity;
17 MICHAEL BERTELSON, a public
employee; Does 1-10, Inclusive,
18
Defendants.
19
20
21
Pursuant to the Parties’ Stipulation (Dkt. 44) and for good cause shown,
22
the Court finds and orders as follows.
23
1. PURPOSES AND LIMITATIONS
24
Discovery in this action is likely to involve production of confidential,
25
26 proprietary or private information for which special protection from public
27 disclosure and from use for any purpose other than pursuing this litigation may
28 be warranted. Accordingly, the parties hereby stipulate to and petition the
1
Court to enter the following Stipulated Protective Order. The parties
2
acknowledge that this Order does not confer blanket protections on all
3
disclosures or responses to discovery and that the protection it affords from
4
public disclosure and use extends only to the limited information or items that
5
are entitled to confidential treatment under the applicable legal principles.
6
2. GOOD CAUSE STATEMENT
7
Defendants contend that there is good cause and a particularized need
8
for a protective order to preserve the interests of confidentiality and privacy in
9
peace officer personnel file records and associated investigative or confidential
10
records for the following reasons.
11
First, Defendants contend that peace officers have a federal privilege of
12
privacy in their personnel file records: a reasonable expectation of privacy
13
therein that is underscored, specified, and arguably heightened by the Pitchess
14
protective procedure of California law. See Sanchez v. Santa Ana Police Dept.,
15
936 F.2d 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S.
16
Dist. LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while
17
“[f]ederal law applies to privilege based discovery disputes involving federal
18
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. Defendants further contend that
25 uncontrolled disclosure of such personnel file information can threaten the
26 safety of non-party witnesses, officers, and their families/associates.
27 Second, Defendants contend that municipalities and law enforcement
28 agencies have federal deliberative-executive process privilege, federal official
1
information privilege, federal law enforcement privilege, and federal attorney-
2
client privilege (and/or attorney work product protection) interests in the
3
personnel files of their peace officers – particularly as to those portions of peace
4
officer personnel files that contain critical self-analysis, internal
5
deliberation/decision-making or evaluation/analysis, or communications for
6
the purposes of obtaining or rendering legal advice or analysis – potentially
7
including but not limited to evaluative/analytical portions of Internal Affairs
8
type records or reports, evaluative/analytical portions of supervisory records or
9
reports, and/or reports prepared at the direction of counsel, or for the purpose
10
of obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034;
11
Maricopa Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095
12
(9th Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114
13
F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177
14
(D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or.
15
2007); Admiral Ins. Co. v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th
16
Cir. 1988). Defendants further contend that such personnel file records are
17
restricted from disclosure by the public entity’s custodian of records pursuant
18
19 to applicable California law and that uncontrolled release is likely to result in
20 needless intrusion of officer privacy; impairment in the collection of third-party
21 witness information and statements and related legitimate law enforcement
22 investigations/interests; and a chilling of open and honest discussion regarding
23 and/or investigation into alleged misconduct that can erode a public entity’s
24 ability to identify and/or implement any remedial measures that may be
25 required.
26 Third, Defendants contend that, since peace officers do not have the
27 same rights as other private citizens to avoid giving compelled statements, it is
28 contrary to the fundamental principles of fairness to permit uncontrolled
1
release of officers’ compelled statements. See generally Lybarger v. City of Los
2
Angeles, 40 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V.
3
Accordingly, Defendants contend that, without a protective order
4
preventing such, production of confidential records in the case can and will
5
likely substantially impair and harm defendant public entity’s interests in
6
candid self-critical analysis, frank internal deliberations, obtaining candid
7
information from witnesses, preserving the safety of witnesses, preserving the
8
safety of peace officers and peace officers’ families and associates, protecting
9
the privacy officers of peace officers, and preventing pending investigations
10
from being detrimentally undermined by publication of private, sensitive, or
11
confidential information – as can and often does result in litigation.
12
Plaintiff agrees that there is Good Cause for a Protective Order so as to
13
preserve the respective interests of the parties without the need to further
14
burden the Court with such issues. Specifically, the parties jointly contend
15
that, absent this Stipulation and its associated Protective Order, the parties'
16
respective privilege interests may be impaired or harmed, and that this
17
Stipulation and its associated Protective Order may avoid such harm by
18
19 permitting the parties to facilitate discovery with reduced risk that privileged
20 and/or sensitive/confidential information will become matters of public
21 record.
22 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
23 PROCEDURE
24 The parties further acknowledge, as set forth in Section 14.3, below, that
25 this Stipulated Protective Order does not entitle them to file confidential
26 information under seal; Local Civil Rule 79-5 sets forth the procedures that
27 must be followed and the standards that will be applied when a party seeks
28 permission from the court to file material under seal. There is a strong
1
presumption that the public has a right of access to judicial proceedings and
2
records in civil cases. In connection with non-dispositive motions, good cause
3
must be shown to support a filing under seal. See Kamakana v. City and
4
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
5
Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
6
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
7
protective orders require good cause showing), and a specific showing of good
8
cause or compelling reasons with proper evidentiary support and legal
9
justification, must be made with respect to Protected Material that a party
10
seeks to file under seal. The parties’ mere designation of Disclosure or
11
Discovery Material as CONFIDENTIAL does not— without the submission
12
of competent evidence by declaration, establishing that the material sought to
13
be filed under seal qualifies as confidential, privileged, or otherwise
14
protectable—constitute good cause.
15
Further, if a party requests sealing related to a dispositive motion or trial,
16
then compelling reasons, not only good cause, for the sealing must be shown,
17
and the relief sought shall be narrowly tailored to serve the specific interest to
18
19 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
20 Cir. 2010). For each item or type of information, document, or thing sought to
21 be filed or introduced under seal, the party seeking protection must articulate
22 compelling reasons, supported by specific facts and legal justification, for the
23 requested sealing order. Again, competent evidence supporting the application
24 to file documents under seal must be provided by declaration.
25 Any document that is not confidential, privileged, or otherwise
26 protectable in its entirety will not be filed under seal if the confidential portions
27 can be redacted. If documents can be redacted, then a redacted version for
28 public viewing, omitting only the confidential, privileged, or otherwise
1
protectable portions of the document, shall be filed. Any application that seeks
2
to file documents under seal in their entirety should include an explanation of
3
why redaction is not feasible.
4
4. DEFINITIONS
5
4.1 Action: this pending federal lawsuit.
6
4.2 Challenging Party: a Party or Non-Party that challenges the
7
designation of information or items under this Order.
8
4.3 “CONFIDENTIAL” Information or Items: information
9
(regardless of how it is generated, stored or maintained) or tangible things that
10
qualify for protection under Federal Rule of Civil Procedure 26(c), and as
11
specified above in the Good Cause Statement.
12
4.4 Counsel: Outside Counsel of Record and House Counsel (as well
13
as their support staff).
14
4.5 Designating Party: a Party or Non-Party that designates
15
information or items that it produces in disclosures or in responses to discovery
16
as “CONFIDENTIAL.”
17
4.6 Disclosure or Discovery Material: all items or information,
18
19 regardless of the medium or manner in which it is generated, stored, or
20 maintained (including, among other things, testimony, transcripts, and tangible
21 things), that are produced or generated in disclosures or responses to discovery.
22 4.7 Expert: a person with specialized knowledge or experience in a
23 matter pertinent to the litigation who has been retained by a Party or its
24 counsel to serve as an expert witness or as a consultant in this Action.
25 4.8 House Counsel: attorneys who are employees of a party to this
26 Action. House Counsel does not include Outside Counsel of Record or any
27 other outside counsel.
28
1
2
4.9 Non-Party: any natural person, partnership, corporation,
3
association or other legal entity not named as a Party to this action.
4
4.10 Outside Counsel of Record: attorneys who are not employees of a
5
party to this Action but are retained to represent a party to this Action and
6
have appeared in this Action on behalf of that party or are affiliated with a law
7
firm that has appeared on behalf of that party, and includes support staff.
8
4.11 Party: any party to this Action, including all of its officers,
9
directors, employees, consultants, retained experts, and Outside Counsel of
10
Record (and their support staffs).
11
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
12
Discovery Material in this Action.
13
4.13 Professional Vendors: persons or entities that provide litigation
14
support services (e.g., photocopying, videotaping, translating, preparing
15
exhibits or demonstrations, and organizing, storing, or retrieving data in any
16
form or medium) and their employees and subcontractors.
17
4.14 Protected Material: any Disclosure or Discovery Material that is
18
19 designated as “CONFIDENTIAL.”
20 4.15 Receiving Party: a Party that receives Disclosure or Discovery
21 Material from a Producing Party.
22 5. SCOPE
23 The protections conferred by this Stipulation and Order cover not only
24 Protected Material (as defined above), but also (1) any information copied or
25 extracted from Protected Material; (2) all copies, excerpts, summaries, or
26 compilations of Protected Material; and (3) any testimony, conversations, or
27 presentations by Parties or their Counsel that might reveal Protected Material.
28
1
Any use of Protected Material at trial shall be governed by the orders of
2
the trial judge and other applicable authorities. This Order does not govern the
3
use of Protected Material at trial.
4
6. DURATION
5
Once a case proceeds to trial, information that was designated as
6
CONFIDENTIAL or maintained pursuant to this protective order used or
7
introduced as an exhibit at trial becomes public and will be presumptively
8
available to all members of the public, including the press, unless compelling
9
reasons supported by specific factual findings to proceed otherwise are made to
10
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
11
(distinguishing “good cause” showing for sealing documents produced in
12
discovery from “compelling reasons” standard when merits-related documents
13
are part of court record). Accordingly, the terms of this protective order do not
14
extend beyond the commencement of the trial.
15
7. DESIGNATING PROTECTED MATERIAL
16
7.1 Exercise of Restraint and Care in Designating Material for
17
Protection. Each Party or Non-Party that designates information
18
19 or items for protection under this Order must take care to limit any such
20 designation to specific material that qualifies under the appropriate standards.
21 The Designating Party must designate for protection only those parts of
22 material, documents, items or oral or written communications that qualify so
23 that other portions of the material, documents, items or communications for
24 which protection is not warranted are not swept unjustifiably within the ambit
25 of this Order.
26 Mass, indiscriminate or routinized designations are prohibited.
27 Designations that are shown to be clearly unjustified or that have been made
28 for an improper purpose (e.g., to unnecessarily encumber the case development
1
process or to impose unnecessary expenses and burdens on other parties) may
2
expose the Designating Party to sanctions.
3
If it comes to a Designating Party’s attention that information or items
4
that it designated for protection do not qualify for protection, that Designating
5
Party must promptly notify all other Parties that it is withdrawing the
6
inapplicable designation.
7
7.2 Manner and Timing of Designations. Except as otherwise
8
provided in this Order, or as otherwise stipulated or ordered, Disclosure of
9
Discovery Material that qualifies for protection under this Order must be
10
clearly so designated before the material is disclosed or produced.
11
Designation in conformity with this Order requires:
12
(a) for information in documentary form (e.g., paper or electronic
13
documents, but excluding transcripts of depositions or other pretrial or trial
14
proceedings), that the Producing Party affix at a minimum, the legend
15
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
16
that contains protected material. If only a portion of the material on a page
17
qualifies for protection, the Producing Party also must clearly identify the
18
19 protected portion(s) (e.g., by making appropriate markings in the margins).
20 A Party or Non-Party that makes original documents available for
21 inspection need not designate them for protection until after the inspecting
22 Party has indicated which documents it would like copied and produced.
23 During the inspection and before the designation, all of the material made
24 available for inspection shall be deemed “CONFIDENTIAL.” After the
25 inspecting Party has identified the documents it wants copied and produced,
26 the Producing Party must determine which documents, or portions thereof,
27 qualify for protection under this Order. Then, before producing the specified
28 documents, the Producing Party must affix the “CONFIDENTIAL legend” to
1
each page that contains Protected Material. If only a portion of the material on
2
a page qualifies for protection, the Producing Party also must clearly identify
3
the protected portion(s) (e.g., by making appropriate markings in the margins).
4
(b) for testimony given in depositions that the Designating Party
5
identifies the Disclosure or Discovery Material on the record, before the close
6
of the deposition all protected testimony.
7
(c) for information produced in some form other than
8
documentary and for any other tangible items, that the Producing Party affix
9
in a prominent place on the exterior of the container or containers in which the
10
information is stored the legend “CONFIDENTIAL.” If only a portion or
11
portions of the information warrants protection, the Producing Party, to the
12
extent practicable, shall identify the protected portion(s).
13
7.3 Inadvertent Failures to Designate. If timely corrected, an
14
inadvertent failure to designate qualified information or items does not,
15
standing alone, waive the Designating Party’s right to secure protection under
16
this Order for such material. Upon timely correction of a designation, the
17
Receiving Party must make reasonable efforts to assure that the material is
18
19 treated in accordance with the provisions of this Order.
20 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
22 designation of confidentiality at any time that is consistent with the Court’s
23 Scheduling Order.
24 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
25 resolution process under Local Rule 37-1 et seq.
26 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
27 joint stipulation pursuant to Local Rule 37-2.
28
1
8.4 The burden of persuasion in any such challenge proceeding shall be
2
on the Designating Party. Frivolous challenges, and those made for an
3
improper purpose (e.g., to harass or impose unnecessary expenses and burdens
4
on other parties) may expose the Challenging Party to sanctions. Unless the
5
Designating Party has waived or withdrawn the confidentiality designation, all
6
parties shall continue to afford the material in question the level of protection
7
to which it is entitled under the Producing Party’s designation until the Court
8
rules on the challenge.
9
10 9. ACCESS TO AND USE OF PROTECTED MATERIAL
11 9.1 Basic Principles. A Receiving Party may use Protected Material that
12 is disclosed or produced by another Party or by a Non-Party in connection
13 with this Action only for prosecuting, defending or attempting to settle this
14 Action. Such Protected Material may be disclosed only to the categories of
15 persons and under the conditions described in this Order. When the Action has
16 been terminated, a Receiving Party must comply with the provisions of section
17 15 below (FINAL DISPOSITION).
18 Protected Material must be stored and maintained by a Receiving Party
19
at a location and in a secure manner that ensures that access is limited to the
20
persons authorized under this Order.
21
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
22
otherwise ordered by the court or permitted in writing by the Designating
23
Party, a Receiving Party may disclose any information or item designated
24
“CONFIDENTIAL” only to:
25
(a) the Receiving Party’s Outside Counsel of Record in this
26
Action, as well as employees of said Outside Counsel of Record to whom it is
27
reasonably necessary to disclose the information for this Action;
28
1
(b) the officers, directors, and employees (including House
2
Counsel) of the Receiving Party to whom disclosure is reasonably necessary
3
for this Action;
4
(c) Experts (as defined in this Order) of the Receiving Party to
5
whom disclosure is reasonably necessary for this Action and who have signed
6
the “Acknowledgment and Agreement to Be Bound” (Exhibit A) ;
7
(d) the court and its personnel;
8
(e) court reporters and their staff;
9
(f) professional jury or trial consultants, mock jurors, and
10
Professional Vendors to whom disclosure is reasonably necessary for this
11
Action and who have signed the “Acknowledgment and Agreement to Be
12
Bound” (Exhibit A);
13
(g) the author or recipient of a document containing the
14
information or a custodian or other person who otherwise possessed or knew
15
the information;
16
(h) during their depositions, witnesses, and attorneys for witnesses,
17
in the Action to whom disclosure is reasonably necessary provided: (1) the
18
19 deposing party requests that the witness sign the form attached as Exhibit A
20 hereto; and (2) they will not be permitted to keep any confidential information
21 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
22 A), unless otherwise agreed by the Designating Party or ordered by the court.
23 Pages of transcribed deposition testimony or exhibits to depositions that reveal
24 Protected Material may be separately bound by the court reporter and may not
25 be disclosed to anyone except as permitted under this Stipulated Protective
26 Order; and
27 (i) mediators or settlement officers and their supporting personnel,
28 mutually agreed upon by any of the parties engaged in settlement discussions.
1
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2
PRODUCED IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other
4 litigation that compels disclosure of any information or items designated in this
5 Action as “CONFIDENTIAL,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such
7
notification shall include a copy of the subpoena or court order;
8
(b) promptly notify in writing the party who caused the subpoena
9
or order to issue in the other litigation that some or all of the material covered
10
by the subpoena or order is subject to this Protective Order. Such notification
11
shall include a copy of this Stipulated Protective Order; and
12
(c) cooperate with respect to all reasonable procedures sought to be
13
pursued by the Designating Party whose Protected Material may be affected. If
14
the Designating Party timely seeks a protective order, the Party served with the
15
subpoena or court order shall not produce any information designated in this
16
action as “CONFIDENTIAL” before a determination by the court from which
17
the subpoena or order issued, unless the Party has obtained the Designating
18
Party’s permission. The Designating Party shall bear the burden and expense
19
of seeking protection in that court of its confidential material and nothing in
20
these provisions should be construed as authorizing or encouraging a
21
22 Receiving Party in this Action to disobey a lawful directive from another court.
23 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
24 BE PRODUCED IN THIS LITIGATION
25 (a) The terms of this Order are applicable to information produced
26 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
27 information produced by Non-Parties in connection with this litigation is
28 protected by the remedies and relief provided by this Order. Nothing in these
1 provisions should be construed as prohibiting a Non-Party from seeking
2 additional protections.
3 (b) In the event that a Party is required, by a valid discovery
4 request, to produce a Non-Party’s confidential information in its possession,
5 and the Party is subject to an agreement with the Non-Party not to produce the
6 Non-Party’s confidential information, then the Party shall:
7
(1) promptly notify in writing the Requesting Party and the Non-
8
Party that some or all of the information requested is subject to a
9
confidentiality agreement with a Non-Party;
10
(2) promptly provide the Non-Party with a copy of the Stipulated
11
Protective Order in this Action, the relevant discovery request(s), and a
12
reasonably specific description of the information requested; and
13
(3) make the information requested available for inspection by the
14
Non-Party, if requested.
15
(c) If the Non-Party fails to seek a protective order from this court
16
within 14 days of receiving the notice and accompanying information, the
17
Receiving Party may produce the Non-Party’s confidential information
18
responsive to the discovery request. If the Non-Party timely seeks a protective
19
order, the Receiving Party shall not produce any information in its possession
20
21 or control that is subject to the confidentiality agreement with the Non-Party
22 before a determination by the court. Absent a court order to the contrary, the
23 Non-Party shall bear the burden and expense of seeking protection in this court
24 of its Protected Material.
25 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
26 If a Receiving Party learns that, by inadvertence or otherwise, it has
27 disclosed Protected Material to any person or in any circumstance not
28 authorized under this Stipulated Protective Order, the Receiving Party must
1 immediately (a) notify in writing the Designating Party of the unauthorized
2 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
3 Protected Material, (c) inform the person or persons to whom unauthorized
4 disclosures were made of all the terms of this Order, and (d) request such
5 person or persons to execute the “Acknowledgment an Agreement to Be
6 Bound” attached hereto as Exhibit A.
7
13. INADVERTENT PRODUCTION OF PRIVILEGED OR
8
OTHERWISE PROTECTED MATERIAL
9
When a Producing Party gives notice to Receiving Parties that certain
10
inadvertently produced material is subject to a claim of privilege or other
11
protection, the obligations of the Receiving Parties are those set forth in
12
Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to
13
modify whatever procedure may be established in an e-discovery order that
14
provides for production without prior privilege review. Pursuant to Federal
15
Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
16
17 the effect of disclosure of a communication or information covered by the
18 attorney-client privilege or work product protection, the parties may
19 incorporate their agreement in the stipulated protective order submitted to the
20 court.
21 14. MISCELLANEOUS
22 14.1 Right to Further Relief. Nothing in this Order abridges the right of
23 any person to seek its modification by the Court in the future.
24 14.2 Right to Assert Other Objections. By stipulating to the entry of this
25 Protective Order, no Party waives any right it otherwise would have to object
26 to disclosing or producing any information or item on any ground not
27 addressed in this Stipulated Protective Order. Similarly, no Party waives any
28
1
right to object on any ground to use in evidence of any of the material covered
2
by this Protective Order.
3
14.3 Filing Protected Material. A Party that seeks to file under seal any
4
Protected Material must comply with Local Civil Rule 79-5. Protected
5
Material may only be filed under seal pursuant to a court order authorizing the
6
sealing of the specific Protected Material. If a Party’s request to file Protected
7
Material under seal is denied by the court, then the Receiving Party may file
8
the information in the public record unless otherwise instructed by the court.
9
15. FINAL DISPOSITION
10
After the final disposition of this Action, as defined in paragraph 6,
11
within 60 days of a written request by the Designating Party, each Receiving
12
Party must return all Protected Material to the Producing Party or destroy such
13
material. As used in this subdivision, “all Protected Material” includes all
14
copies, abstracts, compilations, summaries, and any other format reproducing
15
or capturing any of the Protected Material. Whether the Protected Material is
16
returned or destroyed, the Receiving Party must submit a written certification
17
to the Producing Party (and, if not the same person or entity, to the
18
19 Designating Party) by the 60-day deadline that (1) identifies (by category,
20 where appropriate) all the Protected Material that was returned or destroyed
21 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
22 compilations, summaries or any other format reproducing or capturing any of
23 the Protected Material. Notwithstanding this provision, Counsel are entitled to
24 retain an archival copy of all pleadings, motion papers, trial, deposition, and
25 hearing transcripts, legal memoranda, correspondence, deposition and trial
26 exhibits, expert reports, attorney work product, and consultant and expert
27 work product, even if such materials contain Protected Material. Any such
28
archival copies that contain or constitute Protected Material remain subject to
this Protective Order as set forth in Section 6 (DURATION).
° 16. VIOLATION
‘ Any violation of this Order may be punished by appropriate measures
° including, without limitation, contempt proceedings and/or monetary
° sanctions.
7
g || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
9
10 || DATED: September 29, 2023 ff
ll f ow KL 2G
12 J D. EARLY
3 hited States Magistrate Judge
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17
1
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
6
Stipulated Protective Order that was issued by the United States District Court for
7
the Central District of California on September 29, 2023, in the case of E.K.B., a
8
minor, by and through his Guardian ad Litem, v. City of Azusa, et al., Case
9
No. 2:23-CV-01067 SPG (JDEx). I agree to comply with and to be bound by all
10
the terms of this Stipulated Protective Order and I understand and acknowledge that
11
failure to so comply could expose me to sanctions and punishment in the nature of
12
contempt. I solemnly promise that I will not disclose in any manner any information
13
or item that is subject to this Stipulated Protective Order to any person or entity
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except in 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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19 after termination of this action. I hereby appoint [print
20 or type full name] of _______________________________________ [print or type
21 full address and telephone number] as my California agent for service of process
22 in connection with this action or any proceedings related to enforcement of this
23 Stipulated Protective Order.
24 Date: _______________________________________
25 City and State where sworn and signed: __________________________________
26 Printed name: ________________________________________
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Signature:__________________________________
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