Angelo Luhrsen v. Delaray

• Court: District Court, C.D. California
• Decided: March 1, 2024
• Docket: 2:23-cv-08933
• Status: Unknown

Opinion

1 || Mildred K. O'Linn (State Bar No. 159055) missy.olinn@manningkass.com 2 || Craig Smith (State Bar No. 265676) craig □□□□□□□□□□□□□□□□□□□□□□□ || MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4/801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 5 || Telephone: ge) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendants, REDONDO 7 || BEACH POLICE DEPARTMENT, OFFICER DELARAY, OFFICER 8 || GONZALEZ, and OFFICER LOFSTROM 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION Plaintiff, Magistrate Judge: Maria A. Audero = 14 < Vv. = 15 STIPULATED PROTECTIVE REDONDO BEACH POLICE ORDER 16 || OFFICER DELARAY, REDONDO BEACH POLICE DEPARTMENT 17 || OFFICER GONZALEZ, REDONDO BEACH POLICE DEPARTMENT Filed: 10/23/23 18 OFFICER LOFSTROM, and DOES 1 Trial Date: N/A to 10, 19 Defendants. 20 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action 1s likely to involve production of confidential, proprietary, or 23 private information for which special protection from public disclosure and from use for 24 any purpose other than prosecuting this litigation may be warranted. Accordingly, the 25 parties hereby stipulate to and petition the Court to enter the following Stipulated 26 |! Protective Order. The parties acknowledge that this Stipulated Protective Order does not 271! confer blanket protections on all disclosures or responses to discovery and that the 28 protection it affords from public disclosure and use extends only to the limited

1 || information or items that are entitled to confidential treatment under the applicable legal 2 || principles. The parties further acknowledge, as set forth in Section 13.3 below, that this 3 || Stipulated Protective Order does not entitle them to file confidential information under 4 || seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards 5 || that will be applied when a party seeks permission from the Court to file material under 6 || seal. 7/2. GOOD CAUSE STATEMENT 8 Defendants contend that there is good cause and a particularized need for a 9 || protective order to preserve the interests of confidentiality and privacy in peace n 10 || officer personnel file records and associated investigative or confidential records for 2 11 || the following reasons. < 12 First, Defendants contend that peace officers have a federal privilege of 2 13 || privacy in their personnel file records: a reasonable expectation of privacy therein 14 || that is underscored, specified, and arguably heightened by the Pitchess protective = procedure of California law. See Sanchez y. Santa Ana Police Dept., 936 F.2d 1027, 16 || 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 17 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies 18 || to privilege based discovery disputes involving federal claims,” the “state privilege 19 || law which is consistent with its federal equivalent significantly assists in applying 20 || [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 21 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 22 || “privacy rights [that] are not inconsequential” in their police personnel records); cf. 23 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants 24 || further contend that uncontrolled disclosure of such personnel file information can 25 || threaten the safety of non-party witnesses, officers, and their families/associates. 26 Second, Defendants contend that municipalities and law enforcement 27 || agencies have federal deliberative-executive process privilege, federal official 28 || information privilege, federal law enforcement privilege, and federal attorney-client

1 |] privilege (and/or attorney work product protection) interests in the personnel files of 2 || their peace officers — particularly as to those portions of peace officer personnel files 3 || that contain critical self-analysis, internal deliberation/decision-making or 4 || evaluation/analysis, or communications for the purposes of obtaining or rendering 5 || legal advice or analysis — potentially including but not limited to 6 || evaluative/analytical portions of Internal Affairs type records or reports, 7 || evaluative/analytical portions of supervisory records or reports, and/or reports 8 || prepared at the direction of counsel, or for the purpose of obtaining or rendering 9 || legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v.

n 10 || United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 2 11 || F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 12 || Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 2 13 || Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United 14 || States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further = 15 || contend that such personnel file records are restricted from disclosure by the public 16 || entity’s custodian of records pursuant to applicable California law and that uncontrolled release is likely to result in needless intrusion of officer privacy; 18 || impairment in the collection of third-party witness information and statements and 19 || related legitimate law enforcement investigations/interests; and a chilling of open 20 || and honest discussion regarding and/or investigation into alleged misconduct that 21 || can erode a public entity’s ability to identify and/or implement any remedial 22 || measures that may be required. 23 Third, Defendants contend that, since peace officers do not have the same 24 || rights as other private citizens to avoid giving compelled statements, it is contrary to 25 || the fundamental principles of fairness to permit uncontrolled release of officers’ 26 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 27 822, 828-830 (1985); cf. U.S. Const., amend V. 28 Accordingly, Defendants contend that, without a protective order preventing

1 || such, production of confidential records in the case can and will likely substantially 2 || impair and harm defendant public entity’s interests in candid self-critical analysis, 3 || frank internal deliberations, obtaining candid information from witnesses, 4 || preserving the safety of witnesses, preserving the safety of peace officers and peace 5 || officers’ families and associates, protecting the privacy officers of peace officers, 6 || and preventing pending investigations from being detrimentally undermined by 7 || publication of private, sensitive, or confidential information — as can and often does 8 || result in litigation. 9 Plaintiff agrees that there is Good Cause for a Protective Order so as to

n 10 || preserve the respective interests of the parties without the need to further burden the 2 11 || Court with such issues. Specifically, the parties jointly contend that, absent this 12 || Stipulation and its associated Protective Order, the parties' respective privilege 2 13 || interests may be impaired or harmed, and that this Stipulation and its associated 14 || Protective Order may avoid such harm by permitting the parties to facilitate = discovery with reduced risk that privileged and/or sensitive/confidential information 16 || will become matters of public record.

18/13. DEFINITIONS 113.1. Action: Luhrsen v. City of Redondo Beach et. al. (Case No. 2:23-cv-08933- 20 || JFW-MAA) )/ 3.2. Challenging Party: A Party or Nonparty that challenges the 22 || designation of information or items under this Stipulated Protective Order. 23 || 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of how it is 24 || generated, stored or maintained) or tangible things that qualify for protection under 25 || Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 26 || Statement. 27 113.4, Counsel: Outside Counsel of Record and In-House Counsel (as well as their 28 support staff).

1 || 3.5. Designating Party: A Party or Nonparty that designates information or items 2 || that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 || 3.6. Disclosure or Discovery Material: All items or information, regardless of the 4 || medium or manner in which it is generated, stored, or maintained (including, among 5 || other things, testimony, transcripts, and tangible things), that is produced or 6 || generated in disclosures or responses to discovery in this matter. 7||3.7. Expert: A person with specialized knowledge or experience in a matter pertinent 8 || to the litigation who has been retained by a Party or its counsel to serve as an expert 9 || witness or as a consultant in this Action. 10 || 3.8. In-House Counsel: Attorneys who are employees of a party to this 2 11 || Action. In-House Counsel does not include Outside Counsel of Record or any other 1 outside counsel. 2 13 ||3.9. Nonparty: Any natural person, partnership, corporation, association, or other 14 || legal entity not named as a Party to this action. = 15 || 3.10. Outside Counsel of Record: Attorneys who are not employees of a party to this || Action but are retained to represent or advise a party to this Action and have || appeared in this Action on behalf of that party or are affiliated with a law firm which 18 || has appeared on behalf of that party, and includes support staff. 3.11. Party: Any party to this Action, including all of its officers, directors, 20 || employees, consultants, retained experts, In-House Counsel, and Outside Counsel of 21 || Record (and their support staffs). 3.12. Producing Party: A Party or Nonparty that produces Disclosure or Discovery 23 || Material in this Action. 24 || 3.13. Professional Vendors: Persons or entities that provide litigation support 25 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 || and their employees and subcontractors. 28 ||3.14. Protected Material: Any Disclosure or Discovery Material that is designated as

1 || “CONFIDENTIAL.” 2 3.15. Receiving Party: A Party that receives Disclosure or Discovery Material from 3 || a Producing Party. 414. SCOPE 5 The protections conferred by this Stipulated Protective Order cover not only 6 || Protected Material, but also (1) any information copied or extracted from Protected 7 || Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 8 || and (3) any testimony, conversations, or presentations by Parties or their Counsel 9 || that might reveal Protected Material.

n 10 Any use of Protected Material at trial shall be governed by the orders of the 2 11 || trial judge. This Stipulated Protective Order does not govern the use of Protected < 12 || Material at trial. 2 13/5, DURATION 14 Once a case proceeds to trial, all of the information that was designated as = 15|\confidential or maintained pursuant to this Stipulated Protective Order becomes || public and presumptively will be available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to 18 || proceed otherwise are made to the trial judge in advance of the trial. See Kamakana 19 || □□□ City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) 20 || (distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court 22 || record). Accordingly, the terms of this Stipulated Protective Order do not extend 23 || beyond the commencement of the trial. 24)\6. | DESIGNATING PROTECTED MATERIAL 25 6.1. Exercise of Restraint and Care in Designating Material for Protection. 26 || Each Party or Nonparty that designates information or items for protection under this Stipulated Protective Order must take care to limit any such designation to 28 specific material that qualifies under the appropriate standards. The Designating

1 || Party must designate for protection only those parts of material, documents, items, 2 || or oral or written communications that qualify so that other portions of the material, 3 || documents, items, or communications for which protection 1s not warranted are not 4 || swept unjustifiably within the ambit of this Stipulated Protective Order. 5 || Mass, indiscriminate, or routinized designations are prohibited. Designations that 6 || are shown to be clearly unjustified or that have been made for an improper purpose 7 || (e.g., to unnecessarily encumber the case development process or to impose 8 || unnecessary expenses and burdens on other parties) may expose the Designating 9 || Party to sanctions. 10 6.2. Manner and Timing of Designations. 2 11 || Except as otherwise provided in this Stipulated Protective Order (see, e.g., Section x 12 || 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery Material that 2 13 || qualifies for protection under this Stipulated Protective Order must be clearly so 14 || designated before the material is disclosed or produced. Designation in conformity = 15||with this Stipulated Protective Order requires the following: 16 (a) For information in documentary form (e.g., paper or electronic || documents, but excluding transcripts of depositions or other pretrial or trial 18 || proceedings), that the Producing Party affix at a minimum, the legend 19 || “CONFIDENTIAL” to each page that contains protected material. If only a portion 20 || or portions of the material on a page qualifies for protection, the Producing Party 21 |! also must clearly identify the protected portion(s) (e.g., by making appropriate 22 || markings in the margins). 23 A Party or Nonparty that makes original documents available for 24 || inspection need not designate them for protection until after the inspecting Party has 25 || indicated which documents it would like copied and produced. During the 26 || inspection and before the designation, all of the material made available for 27 || inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 28 || identified the documents it wants copied and produced, the Producing Party must

1 || determine which documents, or portions thereof, qualify for protection under this 2 || Stipulated Protective Order. Then, before producing the specified documents, the 3 || Producing Party must affix the legend “CONFIDENTIAL” to each page that 4 || contains Protected Material. If only a portion or portions of the material on a page 5 || qualifies for protection, the Producing Party also must clearly identify the protected 6 || portion(s) (e.g., by making appropriate markings in the margins). 7 (b) For testimony given in depositions, that before the close of the 8 || deposition, all protected testimony. 9 (c) For information produced in nondocumentary form, and for any other

n 10 || tangible items, that the Producing Party affix in a prominent place on the exterior of 2 11 || the container or containers in which the information is stored the legend 12 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 2 13 || protection, the Producing Party, to the extent practicable, shall identify the protected 14 || portion(s). the Designating Party identify the Disclosure or Discovery Material on = the record, 6.3. Inadvertent Failure to Designate. || If timely corrected, an inadvertent failure to designate qualified information or items || does not, standing alone, waive the Designating Party’s right to secure protection 18 || under this Stipulated Protective Order for such material. Upon timely correction of a 19 || designation, the Receiving Party must make reasonable efforts to assure that the 20 || material is treated in accordance with the provisions of this Stipulated Protective 21 || Order. 22||7, CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 35 of confidentiality at any time that is consistent with the Court’s Scheduling Order.

26 7.2. Meet_and Confer. The Challenging Party shall initiate the dispute 77 || resolution process, which shall comply with Local Rule 37.1 et seq., and with Section 7 ||4 of Judge Audero’s Procedures (“Mandatory Telephonic Conference for Discovery

1 Disputes”). 2 3 7.3 If following the conference described in section 7.2, above, the parties are 4 unable to resolve the issue(s) without Court intervention, then Designating Party’s ; counsel shall commence preparation of a Local Rule 37-2 Stipulation. It shall be the

‘ responsibility of Designating Party to complete and file the Stipulation on a motion upholding the Designating Party’s designation(s). Absent a written agreement 7 between the parties to alter or change the timing of the Stipulation’s preparation, its 8 preparation shall be governed by Local Rule 37-2.2. If the Stipulation and 9 accompanying motion is not filed within 21 days of the conclusion of the Local Rule wn 10|/37-1 conference (or at such later date as agreed to in writing by the parties’ counsel) 2 11 || then the Designating Party shall be deemed to have waived any clam of confidentiality < 12 ||to which Designation Objections were asserted and thus, such items are no longer 2 13 || covered by the Protective Order. If the Stipulation and accompanying motion are S$ 14 timely filed, pending a resolution of the motion any and all existing designations on = 15 ||the Documents, Testimony or Information at issue in such motion shall remain in || place. The Designating Party shall have the burden on any motion described in this 17 || section of establishing the applicability of its “Confidential” designation. In the event 1g || that the Designation Objections are neither timely agreed to nor timely addressed in a 19 motion brought pursuant to this section, then such Documents, Testimony or 20 Information shall be de-designated in accordance with the Designation Objection 5 applicable to such material.

22 7.4 Burden of Persuasion. The burden of persuasion in any such challenge 23 || proceeding shall be on the Designating Party. Frivolous challenges, and those made 24 || for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens ||on other parties) may expose the Challenging Party to sanctions. Unless the 76 || Designating Party has waived or withdrawn the confidentiality designation, all parties 17 shall continue to afford the material in question the level of protection to which it is 28 entitled under the Producing Party’s designation until the Court rules on the

1 challenge. 2\18. | ACCESS TO AND USE OF PROTECTED MATERIALS 3 8.1. Basic Principles. 4\lA Receiving Party may use Protected Material that is disclosed or produced by 5 || another Party or by a Nonparty in connection with this Action only for prosecuting, 6 defending, or attempting to settle this Action. Such Protected Material may be 7|| disclosed only to the categories of persons and under the conditions described in this 8 Stipulated Protective Order. When the Action reaches a final disposition, a 9 Receiving Party must comply with the provisions of Section 14 below. wn Protected Material must be stored and maintained by a Receiving Party at a location < and in a secure manner that ensures that access is limited to the persons authorized 12 |! under this Stipulated Protective Order. = 13 8.2. Disclosure of “CONFIDENTIAL” Information or Items. = Unless otherwise ordered by the Court or permitted in writing by the Designating = 15 Party, a Receiving Party may disclose any information or item designated 16 |! “CONFIDENTIAL” only to: V7 (a) The Receiving Party’s Outside Counsel of Record, as well as 18 employees of said Outside Counsel of Record to whom it is reasonably necessary to 19 disclose the information for this Action; 20 (b) The officers, directors, and employees (including In-House 21 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 22 Action; 23 (c) Experts of the Receiving Party to whom disclosure is reasonably 24 necessary for this Action and who have signed the “Acknowledgment and 29 Agreement to Be Bound” (Exhibit A); 26 (d) The Court and its personnel; (e) Court reporters and their staff;

l (f) Professional jury or trial consultants, mock jurors, and 2 || Professional Vendors to whom disclosure is reasonably necessary or this Action and 3 || who have signed the “Acknowledgment and Agreement to be Bound” (Exhibit A); 4 (g) The author or recipient of a document containing the information 5 || or a custodian or other person who otherwise possessed or knew the information; 6 (h) During their depositions, witnesses, and attorneys for witnesses, 7 \|in the Action to whom disclosure is reasonably necessary provided: (i) the deposing 8 || party requests that the witness sign the “Acknowledgment and Agreement to Be 9 || Bound” (Exhibit ); and (ii) the witness will not be permitted to keep any 10) confidential information unless they sign the “Acknowledgment and Agreement to 2 11 || Be Bound,” unless otherwise agreed by the Designating Party or ordered by the < 12 | Court. Pages of transcribed deposition testimony or exhibits to depositions that S 13 | reveal Protected Material may be separately bound by the court reporter and may 14]| not be disclosed to anyone except as permitted under this Stipulated Protective = 15 || Order; and 16 (i) Any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 |) discussions. 19 | 9, PROTECTED MATERIAL SUBPOENAED OR ORDERED 20 || PRODUCED IN OTHER LITIGATION 2l\\Ifa Party is served with a subpoena or a court order issued in other litigation that 22 compels disclosure of any information or items designated in this Action as 23 ||“CONFIDENTIAL,” that Party must: 24 (a) Promptly notify in writing the Designating Party. Such 25 || notification shall include a copy of the subpoena or court order; 26 (b) Promptly notify in writing the party who caused the subpoena or 27)! order to issue in the other litigation that some or all of the material covered by the 28 subpoena or order is subject to this Stipulated Protective Order. Such notification

1 || shall include a copy of this Stipulated Protective Order; and 2 (c) Cooperate with respect to all reasonable procedures sought to be 3 || pursued by the Designating Party whose Protected Material may be 4 || affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 || the subpoena or court order shall not produce any information designated in this 7 || action as “CONFIDENTIAL” before a determination by the Court from which the 8 || subpoena or order issued, unless the Party has obtained the Designating Party’s 9 || permission. The Designating Party shall bear the burden and expense of seeking 10 || protection in that court of its confidential material and nothing in these provisions 2 11 || should be construed as authorizing or encouraging a Receiving Party in this Action < 12 || to disobey a lawful directive from another court. 13/110. ANONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 || PRODUCED IN THIS LITIGATION = 15 10.1. Application. 16 || The terms of this Stipulated Protective Order are applicable to information produced 17 || by a Nonparty in this Action and designated as “CONFIDENTIAL.” Such 18 information produced by Nonparties in connection with this litigation is protected 19) by the remedies and relief provided by this Stipulated Protective Order. Nothing in 20 || these provisions should be construed as prohibiting a Nonparty from seeking 21 || additional protections. 22 10.2. Notification. 23 || In the event that a Party is required, by a valid discovery request, to produce a 24 || Nonparty’s confidential information in its possession, and the Party is subject to an 25 agreement with the Nonparty not to produce the Nonparty’s confidential 26 || information, then the Party shall: 27 (a) Promptly notify in writing the Requesting Party and the 28 Nonparty that some or all of the information requested is subject to a confidentiality

1 || agreement with a Nonparty; 2 (b) Promptly provide the Nonparty with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a 4 reasonably specific description of the information requested; and 5 (c) Make the information requested available for inspection by the 6 Nonparty, if requested. 7 10.3. Conditions of Production. 8 || If the Nonparty fails to seek a protective order from this Court within fourteen (14) 9 || days after receiving the notice and accompanying information, the Receiving Party 10 || may produce the Nonparty’s confidential information responsive to the discovery 2 11 || request. If the Nonparty timely seeks a protective order, the Receiving Party shall 12 || not produce any information in its possession or control that is subject to the S 13 | confidentiality agreement with the Nonparty before a determination by the Court. 14 || Absent a court order to the contrary, the Nonparty shall bear the burden and expense = 15 || of seeking protection in this Court of its Protected Material. 16]|11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 | Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party immediately must (1) notify in 20 || writing the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of this 23 Stipulated Protective Order, and (4) request such person or persons to execute the 24 “Acknowledgment and Agreement to be Bound” (Exhibit A) 23/12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 26 || PROTECTED MATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain 28 inadvertently produced material 1s subject to a claim of privilege or other protection,

1 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 2 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 3 || may be established in an e-discovery order that provides for production without 4 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 5 || as the parties reach an agreement on the effect of disclosure of a communication or 6 || information covered by the attorney-client privilege or work product protection, the 7 || parties may incorporate their agreement in the Stipulated Protective Order submitted 8 || to the Court. 9/13. MISCELLANEOUS 10 13.1. Right to Further Relief. 2 11 || Nothing in this Stipulated Protective Order abridges the right of any person to seek 12 its modification by the Court in the future. 2 13 13.2. Right to Assert Other Objections. 14 || By stipulating to the entry of this Stipulated Protective Order, no Party waives any = 'lright it otherwise would have to object to disclosing or producing any information or 16 || item on any ground not addressed in this Stipulated Protective Order. Similarly, no || Party waives any right to object on any ground to use in evidence of any of the 18 || material covered by this Stipulated Protective Order. 19 13.3. Filing Protected Material. 20 || A Party that seeks to file under seal any Protected Material must comply with Local 21 || Rule 79-5. Protected Material may only be filed under seal pursuant to a court order 22 || authorizing the sealing of the specific Protected Material at issue. If a Party's request 23 || to file Protected Material under seal is denied by the Court, then the Receiving Party 24 || may file the information in the public record unless otherwise instructed by the 25 || Court. 26|114. FINAL DISPOSITION 27 After the final disposition of this Action, within sixty (60) days of a written 28 request by the Designating Party, each Receiving Party must return all Protected

1 || Material to the Producing Party or destroy such material. As used in this subdivision, 2 || ‘all Protected Material” includes all copies, abstracts, compilations, summaries, and 3 || any other format reproducing or capturing any of the Protected Material. Whether the 4 || Protected Material is returned or destroyed, the Receiving Party must submit a written 5 || certification to the Producing Party (and, if not the same person or entity, to the 6 || Designating Party) by the 60-day deadline that (1) identifies (by category, where 7 || appropriate) all the Protected Material that was returned or destroyed and (2) affirms 8 || that the Receiving Party has not retained any copies, abstracts, compilations, 9 || summaries or any other format reproducing or capturing any of the Protected Material. 10 || Notwithstanding this provision, Counsel is entitled to retain an archival copy of all 2 11 || pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; 12 || correspondence; deposition and trial exhibits; expert reports; attorney work product; 2 13 || and consultant and expert work product, even if such materials contain Protected S$ 14 || Material. Any such archival copies that contain or constitute Protected Material remain 15 || subject to this Stipulated Protective Order as set forth in Section 5. 16 15. VIOLATION 17 Any violation of this Stipulated Order may be punished by any and all 18 || appropriate measures including, without limitation, contempt proceedings and/or 19 || monetary sanctions. 20 21 22 23 24 25 26 27 28

1 IT IS SO STIPULATED BY COUNSEL OF RECORD 2 3 Dated: March 1, 2024 /s/ Erin Darling 4 Erin Darling 5 Attorney for Plaintiff ANGELO LUHRSEN 6 7 9 10 Dated: March 1. 2024 /s/ Craig Smith 1 Craig Smith = Missy O'Linn — 12 Attorneys for Defendants OFFICER 3 DELARAY, OFFICER GONZALEZ, = OFFICER LOFSTROM = = 14

= 15 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 : ol! Dated: 03/01/2024 UE 19 20 Hon. Maria A. Audero United States Magistrate Judge 22 23 24 25 26 27 28