Alfonso Jesus Flores Resendiz v. City of Los Angeles

• Court: District Court, C.D. California
• Decided: April 28, 2022
• Docket: 2:21-cv-09754
• Status: Unknown

Opinion

Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 1 of 16 Page ID #:248

7 UNITED STATES DISTRICT COURT 8

9 CENTRAL DISTRICT OF CALIFORNIA

10 ALFONSO JESUS FLORES CASE NO. CV21-09754 FMO (GJSx) RESENDIZ; [Assigned: Hon. Fernando M. Olguin, Crtrm. 6D] 11 [Magistrate: Gail J. Standish, Roybal, Crtrm. 640] Plaintiffs,

12 vs. 13 [PROPOSED] STIPULATED CITY OF LOS ANGELES, by and PROTECTIVE ORDER1 14 through the LOS ANGELES POLICE DEPARTMENT; DETECTIVE 15 FREDDIE ARROYO; DETECTIVE CHRISTIAN MRAKICH; DOES 1- 16 25, inclusive 17 Defendants.

18 GOOD CAUSE appearing, it is therefore ORDERED: 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public disclosure 22 and from use for any purpose other than prosecuting this litigation may be warranted. 23 Accordingly, the parties hereby stipulate to and petition the Court to enter the 24 following Stipulated Protective Order. The parties acknowledge that this Order does 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 2 of 16 Page ID #:249

1 not confer blanket protections on all disclosures or responses to discovery and that 2 the protection it affords from public disclosure and use extends only to the limited 3 information or items that are entitled to confidential treatment under the applicable 4 legal principles. 5 B. GOOD CAUSE STATEMENT 6 Plaintiff has filed suit in connection with being taken into the LAPD’s custody 7 on May 8, 2020 in connection with a bank robbery investigation. In essence, Plaintiff 8 alleges he was unlawfully detained/arrested. Defendants are the City of Los Angeles 9 and LAPD Detectives Arroyo and Mrakich. 10 The parties have exchanged written discovery which includes requests to 11 produce documents pursuant to F.R.C.P. 34. In particular, the Plaintiff has requested 12 documents from the underlying investigation which includes personal information for 13 third-party bank employees. Plaintiff is also seeking the production of the related and 14 unrelated Internal Affairs investigations, including those which do not relate to the 15 Defendant Officers. The parties agree that such documents are properly the subject of 16 a protective order. Following the issuance of a protective order, the City will agree to 17 produce the related Internal Affairs investigation after it has been deemed closed (or 18 fully adjudicated by the LAPD) and the City may agree to produce certain unrelated 19 Internal Affairs investigation relating to the Defendant Officers, if any are deemed 20 responsive to those particular requests. 21 Federal courts ordinarily recognize a constitutionally-based right of privacy 22 that can be raised in response to discovery requests. A. Farber and Partners, Inc., 23 234 F.R.D. 186, 189-90 (C.D. Cal. 2006). Courts balance the need for the 24 information sought against the privacy right asserted. Id.. Federal common law also 25 recognizes a qualified privilege for official information. Kerr v. United States District 26 Court for the Northern District of California, 511 F.2d 192, 198 (9th Cir.1975). Such 27 information is otherwise generally unavailable to the public, or which may be 28 privileged or otherwise protected from disclosure under state or federal statutes, court Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 3 of 16 Page ID #:250

1 rules, case decisions, or common law. Accordingly, to expedite the flow of 2 information, to facilitate the prompt resolution of disputes over confidentiality of 3 discovery materials, to adequately protect information the parties are entitled to keep 4 confidential, to ensure that the parties are permitted reasonable necessary uses of such 5 material in preparation for and in the conduct of trial, to address their handling at the 6 end of the litigation, and serve the ends of justice, a protective order for such 7 information is justified in this matter. It is the intent of the parties that information 8 will not be designated as confidential for tactical reasons and that nothing be so 9 designated without a good faith belief that it has been maintained in a confidential, 10 non-public manner, and there is good cause why it should not be part of the public 11 record of this case. 12 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 13 The parties further acknowledge, as set forth in Section 12.3, below, that this 14 Stipulated Protective Order does not entitle them to file confidential information 15 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 16 the standards that will be applied when a party seeks permission from the court to file 17 material under seal. 18 There is a strong presumption that the public has a right of access to judicial 19 proceedings and records in civil cases. In connection with non-dispositive motions, 20 good cause must be shown to support a filing under seal. See Kamakana v. City and 21 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 22 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 23 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 24 good cause showing), and a specific showing of good cause or compelling reasons 25 with proper evidentiary support and legal justification, must be made with respect to 26 Protected Material that a party seeks to file under seal. The parties’ mere designation 27 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 28 submission of competent evidence by declaration, establishing that the material Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 4 of 16 Page ID #:251

1 sought to be filed under seal qualifies as confidential, privileged, or otherwise 2 protectable—constitute good cause. 3 Further, if a party requests sealing related to a dispositive motion or trial, then 4 compelling reasons, not only good cause, for the sealing must be shown, and the 5 relief sought shall be narrowly tailored to serve the specific interest to be protected. 6 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 7 item or type of information, document, or thing sought to be filed or introduced under 8 seal in connection with a dispositive motion or trial, the party seeking protection must 9 articulate compelling reasons, supported by specific facts and legal justification, for 10 the requested sealing order. Again, competent evidence supporting the application to 11 file documents under seal must be provided by declaration. 12 Any document that is not confidential, privileged, or otherwise protectable in 13 its entirety will not be filed under seal if the confidential portions can be redacted. If 14 documents can be redacted, then a redacted version for public viewing, omitting only 15 the confidential, privileged, or otherwise protectable portions of the document, shall 16 be filed. Any application that seeks to file documents under seal in their entirety 17 should include an explanation of why redaction is not feasible. 18 2. DEFINITIONS 19 2.1 Action: Alfonso Jesus Flores Resendiz v. City of Los Angeles, et al. 20 CV21-09754-FMO-GJSx. 21 2.2 Challenging Party: a Party or Non-Party that challenges the designation 22 of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for 25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 26 Good Cause Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 28 their support staff). Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 5 of 16 Page ID #:252

1 2.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless of 5 the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. 11 2.8 House Counsel: attorneys who are employees of a party to this Action. 12 House Counsel does not include Outside Counsel of Record or any other outside 13 counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association or 15 other legal entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a party 17 to this Action but are retained to represent or advise a party to this Action and have 18 appeared in this Action on behalf of that party or are affiliated with a law firm that 19 has appeared on behalf of that party, and includes support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 2.13 Professional Vendors: persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 6 of 16 Page ID #:253

1 2.14 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 4 from a Producing Party. 5 3. SCOPE The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of the 11 trial judge. This Order does not govern the use of Protected Material at trial. 12 4. DURATION 13 FINAL DISPOSITION of the action is defined as the conclusion of any 14 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 15 has run. Except as set forth below, the terms of this protective order apply through 16 FINAL DISPOSITION of the action. The parties may stipulate that they will be 17 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 18 but will have to file a separate action for enforcement of the agreement once all 19 proceedings in this case are complete. 20 Once a case proceeds to trial, information that was designated as 21 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 22 as an exhibit at trial becomes public and will be presumptively available to all 23 members of the public, including the press, unless compelling reasons supported by 24 specific factual findings to proceed otherwise are made to the trial judge in advance 25 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 26 showing for sealing documents produced in discovery from “compelling reasons” 27 standard when merits-related documents are part of court record). Accordingly, for 28 Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 7 of 16 Page ID #:254

1 such materials, the terms of this protective order do not extend beyond the 2 commencement of the trial. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items or oral or written 9 communications that qualify so that other portions of the material, documents, items 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 28 proceedings), that the Producing Party affix at a minimum, the legend Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 8 of 16 Page ID #:255

1 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 2 contains protected material. If only a portion of the material on a page qualifies for 3 protection, the Producing Party also must clearly identify the protected portion(s) 4 (e.g., by making appropriate markings in the margins). 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and 8 before the designation, all of the material made available for inspection shall be 9 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 10 it wants copied and produced, the Producing Party must determine which documents, 11 or portions thereof, qualify for protection under this Order. Then, before producing 12 the specified documents, the Producing Party must affix the “CONFIDENTIAL 13 legend” to each page that contains Protected Material. If only a portion of the 14 material on a page qualifies for protection, the Producing Party also must clearly 15 identify the protected portion(s) (e.g., by making appropriate markings in the 16 margins). 17 (b) for testimony given in depositions that the Designating Party identifies 18 the Disclosure or Discovery Material on the record, before the close of the deposition 19 all protected testimony. 20 (c) for information produced in some form other than documentary and for 21 any other tangible items, that the Producing Party affix in a prominent place on the 22 exterior of the container or containers in which the information is stored the legend 23 “CONFIDENTIAL.” If only a portion or portions of the information warrants 24 protection, the Producing Party, to the extent practicable, shall identify the protected 25 portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive the 28 Designating Party’s right to secure protection under this Order for such material. Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 9 of 16 Page ID #:256

1 Upon timely correction of a designation, the Receiving Party must make reasonable 2 efforts to assure that the material is treated in accordance with the provisions of this 3 Order. 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 designation of confidentiality at any time that is consistent with the Court’s 7 Scheduling Order. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 9 resolution process under Local Rule 37.1 et seq. 10 6.3 The burden of persuasion in any such challenge proceeding shall be on 11 the Designating Party. Frivolous challenges, and those made for an improper purpose 12 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 13 expose the Challenging Party to sanctions. Unless the Designating Party has waived 14 or withdrawn the confidentiality designation, all parties shall continue to afford the 15 material in question the level of protection to which it is entitled under the Producing 16 Party’s designation until the Court rules on the challenge. 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 20 Action only for prosecuting, defending or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below (FINAL 24 DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 10 of 16 Page ID #:257

1 otherwise ordered by the court or permitted in writing by the Designating Party, a 2 Receiving Party may disclose any information or item designated 3 “CONFIDENTIAL” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 5 as employees of said Outside Counsel of Record to whom it is reasonably necessary 6 to disclose the information for this Action; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for this Action; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (g) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (h) during their depositions, witnesses, and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 22 not be permitted to keep any confidential information unless they sign the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 24 agreed by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material may be 26 separately bound by the court reporter and may not be disclosed to anyone except as 27 permitted under this Stipulated Protective Order; and 28 (i) any mediator or settlement officer, and their supporting personnel, Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 11 of 16 Page ID #:258

1 mutually agreed upon by any of the parties engaged in settlement discussions. 2 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 3 OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL,” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification 8 shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order 10 to issue in the other litigation that some or all of the material covered by the subpoena 11 or order is subject to this Protective Order. Such notification shall include a copy of 12 this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be 14 pursued by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with 16 the subpoena or court order shall not produce any information designated in this 17 action as “CONFIDENTIAL” before a determination by the court from which the 18 subpoena or order issued, unless the Party has obtained the Designating Party’s 19 permission. The Designating Party shall bear the burden and expense of seeking 20 protection in that court of its confidential material and nothing in these provisions 21 should be construed as authorizing or encouraging a Receiving Party in this Action to 22 disobey a lawful directive from another court. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 remedies and relief provided by this Order. Nothing in these provisions should be Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 12 of 16 Page ID #:259

1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the Non- 13 Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 21 of seeking protection in this court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 26 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 27 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 28 persons to whom unauthorized disclosures were made of all the terms of this Order, Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 13 of 16 Page ID #:260

1 and (d) request such person or persons to execute the “Acknowledgment and 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 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 protection, 7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 9 may be established in an e-discovery order that provides for production without prior 10 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 11 parties reach an agreement on the effect of disclosure of a communication or 12 information covered by the attorney-client privilege or work product protection, the 13 parties may incorporate their agreement in the stipulated protective order submitted to 14 the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 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 this 21 Stipulated Protective Order. Similarly, no Party waives any right to object on any 22 ground to use in evidence of any of the material covered by this Protective Order. 23 12.3 Filing Protected Material. A Party that seeks to file under seal any 24 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 25 only be filed under seal pursuant to a court order authorizing the sealing of the 26 specific Protected Material at issue. If a Party’s request to file Protected Material 27 under seal is denied by the court, then the Receiving Party may file the information in 28 the public record unless otherwise instructed by the court. Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 14 of 16 Page ID #:261

1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 (DURATION). 20 21 22 23 24 25 26 27 28 Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 15o0f16 Page ID #:26 2||14. VIOLATION 3 || Any violation of this Order may be punished by appropriate measures including, 4 || without limitation, contempt proceedings and/or monetary sanctions. 6 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 || DATED: April 26, 2022 10 /S/ Daniel C. Sharpe, Esq. ll Daniel C. Sharpe, Esq. Attorneys for Plaintiff, ALFONSO JESUS FLORES RESENDIZ 12 13 || DATED: April 26, 2022 14 15 Qurckha FL, Dhapherd 16 || Surekha A. Shepherd, Deputy City Attorney 7 Attorneys for Defendants, CITY OF LOS ANGELES, FREDDIE ARROYO, and CHRISTIAN MRAKICH 18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21|| DATED: April 28, 2022 22 23), □□ 24 || HON. GAIL 7. STAN™SH 5 United States Magistrate Judge 26 27 28

Case 2:21-cv-09754-FMO-GJS Document 22 Filed 04/28/22 Page 16 of 16 Page ID #:263

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2

3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of ___________ [insert formal name of the case and the number 8 and initials assigned to it by the court]. I agree to comply with and to be bound by 9 all the terms of this Stipulated Protective Order and I understand and acknowledge 10 that failure to so comply could expose me to sanctions and punishment in the nature 11 of contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person or 13 entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. I 17 hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24

25 Printed name: _______________________________ 26

27 Signature: __________________________________ 28