Cuauhtemoc Lugo v. City of Los Angeles

• Court: District Court, C.D. California
• Decided: October 28, 2024
• Docket: 2:24-cv-05496
• Status: Unknown

Opinion

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 CUAUHTEMOC LUGO, Case No. 2:24-cv-05496 RGK(Ex)

12 Plaintiff(s), STIPULATED PROTECTIVE ORDER 13 v. 14

15 CITY OF LOS ANGELES; OFFICER CARLOS; OFFICER DEHARO; 16 SERGEANT JOHNSON; SERGEANT 17 KIEFER, and DOES 1 through 10, inclusive, 18

19 Defendant(s). 20 21 22 1. INTRODUCTION 23 1.1 Purposes and Limitations. Discovery in this action is likely to involve 24 production of confidential, proprietary, or private information for which special 25 protection from public disclosure and from use for any purpose other than prosecuting 26 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 27 petition the court to enter the following Stipulated Protective Order. The parties 1 responses to discovery and that the protection it affords from public disclosure and 2 use extends only to the limited information or items that are entitled to confidential 3 treatment under the applicable legal principles. 4 1.2 Good Cause Statement. 5 This action involves the City of Los Angeles (“CITY) and individual sworn 6 police officers of the Los Angeles Police Department (“LAPD”) on one side; and on 7 the other, Plaintiff Cuauhtemoc Lugo, who claims damages from the City and LAPD 8 Officers. 9 As such, Plaintiff may seek materials and information that the City maintains 10 as confidential, such as personnel files of the police officers involved in the incident, 11 video recordings (including Body-Worn Video recordings and Digital In-Car Video 12 recordings), audio recordings, and other administrative materials and information 13 currently in the possession of the City and which the City believes needs special 14 protection from public disclosure and from use for any purpose other than prosecuting 15 this litigation. Plaintiff may also seek official information contained in the personnel 16 files of the Police Officers involved in the subject incident, which the City maintains 17 as strictly confidential and which the City believes needs special protection from 18 public disclosure and from use for any purpose other than prosecuting this litigation. 19 The City asserts that the confidentiality of materials and information sought by 20 Plaintiff is recognized by California and federal law as evidenced by, inter alia, 21 California Penal Code section 832.7, California Evidence Code section 1043 et. seq. 22 and Kerr v. United States District Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), 23 aff’d, 426 U.S. 394 (1976); Sanchez v. City of Santa Ana, 936 F.2d 192, 198 (9th. Cir. 24 1990); Miller v. Pancucci, 141 F.R.D. 292 (C.D. Call 1992). The City does not 25 publicly release the materials and information referenced above except under 26 protective order or pursuant to a court order, if at all. These materials and information 27 are of the type that has been used to initiate disciplinary action against LAPD officers 1 was considered to be contrary to LAPD policy. 2 The City contends that absent a protective order delineating the responsibilities 3 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 4 and undue disclosure by one or more of the many attorneys, secretaries, law clerks, 5 paralegals, and expert witnesses involved in the case, as well as the corollary risk of 6 embarrassment, harassment and professional and legal harm on the part of the LAPD 7 officers referenced in the materials and information. 8 Defendants seek discovery of various information relating to Plaintiff’s 9 damages claims, including employment information, housing information, financial 10 information, and confidential medical records that may be personal, private, and 11 potentially embarrassing if unnecessarily disseminated; thus, Plaintiff contends such 12 information not be disseminated beyond this litigation. 13 Accordingly, to expedite the flow of information, to facilitate the prompt 14 resolution of disputes over the confidentiality of discovery materials, to adequately 15 protect information the parties are entitled to keep confidential, to ensure that the 16 parties are permitted reasonably necessary uses of such material in preparation for 17 and in the conduct of trial, to address their handling at the end of litigation, and serve 18 the ends of justice, a protective order is necessary. Such information will not be 19 designated as confidential for tactical reasons and nothing will be designated without 20 a good faith belief that it has been maintained in a confidential, non-public manner, 21 and there is good cause why it should not be part of the public record in this case. 22 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties 23 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 24 Order does not entitle them to file confidential information under seal; Local Rule 79- 25 5 sets forth the procedures that must be followed and the standards that will be applied 26 when a party seeks permission from the court to file material under seal. 27 There is a strong presumption that the public has a right of access to judicial 1 good cause must be shown to support a filing under seal. See Kamakana v. City and 2 Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd 3 v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. 4 Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 5 orders require good cause showing), and a specific showing of good cause or 6 compelling reasons with proper evidentiary support and legal justification, must be 7 made with respect to Protected Material that a party seeks to file under seal. The 8 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 9 does not—without the submission of competent evidence by declaration, establishing 10 that the material sought to be filed under seal qualifies as confidential, privileged, or 11 otherwise protectable—constitute good cause. 12 Further, if a party requests sealing related to a dispositive motion or trial, then 13 compelling reasons, not only good cause, for the sealing must be shown, and the relief 14 sought shall be narrowly tailored to serve the specific interest to be protected. See 15 Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item 16 or type of information, document, or thing sought to be filed or introduced under seal 17 in connection with a dispositive motion or trial, the party seeking protection must 18 articulate compelling reasons, supported by specific facts and legal justification, for 19 the requested sealing order. Again, competent evidence supporting the application to 20 file documents under seal must be provided by declaration. 21 Any document that is not confidential, privileged, or otherwise protectable in 22 its entirety will not be filed under seal if the confidential portions can be redacted. If 23 documents can be redacted, then a redacted version for public viewing, omitting only 24 the confidential, privileged, or otherwise protectable portions of the document, shall 25 be filed. Any application that seeks to file documents under seal in their entirety 26 should include an explanation of why redaction is not feasible. 27 /// 1 2. DEFINITIONS 2 2.1 Action: Cuauhtemoc Lugo v. City of Los Angeles et. al. Case No. 2:24- 3 cv-05496 RGK(Ex). 4 2.2 Challenging Party: a Party or Non-Party that challenges the designation 5 of information or items under this Order. 6 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 7 how it is generated, stored or maintained) or tangible things that qualify for protection 8 under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified above in 9 the Good Cause Statement. 10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 11 support staff). 12 2.5 Designating Party: a Party or Non-Party that designates information or 13 items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 2.6 Disclosure or Discovery Material: all items or information, regardless of 16 the medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are produced or 18 generated in disclosures or responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 an expert witness or as a consultant in this Action. 22 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses in 23 this Action, with or without prejudice; and (2) final judgment herein after the 24 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 25 this Action, including the time limits for filing any motions or applications for 26 extension of time pursuant to applicable law. 27 2.9 In-House Counsel: attorneys who are employees of a party to this Action. 1 counsel. 2 2.10 Non-Party: any natural person, partnership, corporation, association, or 3 other legal entity not named as a Party to this action. 4 2.11 Outside Counsel of Record: attorneys who are not employees of a party 5 to this Action but are retained to represent or advise a party to this Action and have 6 appeared in this Action on behalf of that party or are affiliated with a law firm which 7 has appeared on behalf of that party, and includes support staff. 8 2.12 Party: any party to this Action, including all of its officers, directors, 9 employees, consultants, retained experts, and Outside Counsel of Record (and their 10 support staffs). 11 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 12 Discovery Material in this Action. 13 2.14 Professional Vendors: persons or entities that provide litigation- support 14 services (e.g., photocopying, videotaping, translating, preparing exhibits or 15 demonstrations, and organizing, storing, or retrieving data in any form or medium) 16 and their employees and subcontractors. 17 2.15 Protected Material: any Disclosure or Discovery Material that is 18 designated as “CONFIDENTIAL.” 19 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 20 from a Producing Party. 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or extracted 24 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 25 Protected Material; and (3) any testimony, conversations, or presentations by Parties 26 or their Counsel that might reveal Protected Material. 27 Any use of Protected Material at trial shall be governed by the orders of the 1 Material at trial. 2 4. DURATION 3 Even after final disposition of this litigation, the confidentiality obligations 4 imposed by this Order will remain in effect until a Designating Party agrees otherwise 5 in writing or a court order otherwise directs. Final disposition will be deemed to be 6 the later of (1) dismissal of all claims and defenses in this Action, with or without 7 prejudice; and (2) final judgment herein after the completion and exhaustion of all 8 appeals, rehearings, remands, trials, or reviews of this Action, including the time 9 limits for filing any motions or applications for extension of time pursuant to 10 applicable law. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under this 14 Order must take care to limit any such designation to specific material that qualifies 15 under the appropriate standards. The Designating Party must designate for protection 16 only those parts of material, documents, items, or oral or written communications that 17 qualify so that other portions of the material, documents, items, or communications 18 for which protection is not warranted are not swept unjustifiably within the ambit of 19 this Order. 20 Mass, indiscriminate, or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating Party 24 to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 1 this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) below), 2 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 3 for protection under this Stipulated Protective Order must be clearly so designated 4 before the material is disclosed or produced. 5 Designation in conformity with this Stipulated Protective Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” to each page that contains protected material. If only a portion 10 or portions of the material on a page qualifies for protection, the Producing Party also 11 must clearly identify the protected portion(s) (e.g., by making appropriate markings 12 in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be 17 deemed CONFIDENTIAL. After the inspecting Party has identified the documents 18 it wants copied and produced, the Producing Party must determine which documents, 19 or portions thereof, qualify for protection under this Stipulated Protective Order. 20 Then, before producing the specified documents, the Producing Party must affix the 21 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 22 portion or portions of the material on a page qualifies for protection, the Producing 23 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 24 markings in the margins). 25 (b) for testimony given in depositions that the Designating Party identify the 26 Disclosure or Discovery Material on the record, before the close of the deposition all 27 protected testimony. 1 any other tangible items, that the Producing Party affix in a prominent place on the 2 exterior of the container or containers in which the information is stored the 3 “CONFIDENTIAL” legend. If only a portion or portions of the information warrants 4 protection, the Producing Party, to the extent practicable, shall identify the protected 5 portion(s). 6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 failure to designate qualified information or items does not, standing alone, waive the 8 Designating Party’s right to secure protection under this Order for such material. 9 Upon timely correction of a designation, the Receiving Party must make reasonable 10 efforts to assure that the material is treated in accordance with the provisions of this 11 Stipulated Protective Order. 12 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the court’s Scheduling 16 Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37.1 et seq. and in accordance with Judge Eick’s 19 Civil Procedures 20 6.3 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper purpose 22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 23 expose the Challenging Party to sanctions. Unless the Designating Party has waived 24 or withdrawn the confidentiality designation, all parties shall continue to afford the 25 material in question the level of protection to which it is entitled under the Producing 26 Party’s designation until the court rules on the challenge. 27 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 disclosed or produced by another Party or by a Non-Party in connection with this 2 Action only for prosecuting, defending, or attempting to settle this Action. Such 3 Protected Material may be disclosed only to the categories of persons and under the 4 conditions described in this Order. When the Action reaches a Final Disposition, a 5 Receiving Party must comply with the provisions of section 13 below. 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Stipulated Protective Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only: 13 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as 14 well as employees of said Outside Counsel of Record to whom it is reasonably 15 necessary to disclose the information for this Action; 16 (b) to the officers, directors, and employees (including House Counsel) of 17 the Receiving Party to whom disclosure is reasonably necessary for this Action; 18 (c) to Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) to the court and its personnel; 22 (e) to court reporters and their staff; 23 (f) to professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have 25 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) to the author or recipient of a document containing the information or a 27 custodian or other person who otherwise possessed or knew the information; 1 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party 2 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 3 (Exhibit A); and (2) the witness will not be permitted to keep any confidential 4 information unless they sign the “Acknowledgment and Agreement to Be Bound” 5 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. 6 Pages of transcribed deposition testimony or exhibits to depositions that reveal 7 Protected Material may be separately bound by the court reporter and may not be 8 disclosed to anyone except as permitted under this Stipulated Protective Order; and 9 (i) to any mediator or settlement officer, and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement discussions. 11 (j) to the Parties, however the Parties shall only be entitled to review 12 Confidential items or information with their respective counsel and shall not take 13 possession of any confidential items or documents containing confidential 14 information. 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena 24 or order is subject to this Protective Order. Such notification shall include a copy of 25 this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued 27 by the Designating Party whose Protected Material may be affected. 1 with the subpoena or court order shall not produce any information designated in this 2 action as “CONFIDENTIAL” before a determination by the court from which the 3 subpoena or order issued, unless the Party has obtained the Designating Party’s 4 permission. The Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material and nothing in these provisions 6 should be construed as authorizing or encouraging a Receiving Party in this Action to 7 disobey a lawful directive from another court. 8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 9.1 Application. The terms of this Stipulated Protective Order are applicable 11 to information produced by a Non-Party in this Action and designated as 12 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with 13 this litigation is protected by the remedies and relief provided by this Order. Nothing 14 in these provisions should be construed as prohibiting a Non-Party from seeking 15 additional protections. 16 9.2 Notification. In the event that a Party is required, by a valid discovery 17 request, to produce a Non-Party’s confidential information in its possession, and the 18 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 19 confidential information, then the Party shall: 20 (a) promptly notify in writing the Requesting Party and the Non-Party that 21 some or all of the information requested is subject to a confidentiality agreement with 22 a Non-Party; 23 (b) make the information requested available for inspection by the Non- 24 Party, if requested. 25 9.3 Conditions of Production. If the Non-Party fails to seek a protective 26 order from this court within 14 days of receiving the notice and accompanying 27 information, the Receiving Party may produce the Non-Party’s confidential 1 protective order, the Receiving Party shall not produce any information in its 2 possession or control that is subject to the confidentiality agreement with the Non- 3 Party before a determination by the court. Absent a court order to the contrary, the 4 Non-Party shall bear the burden and expense of seeking protection in this court of its 5 Protected Material. 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 Protected Material to any person or in any circumstance not authorized under this 9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 10 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 11 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 12 persons to whom unauthorized disclosures were made of all the terms of this Order, 13 and (d) request such person or persons to execute the “Acknowledgment and 14 Agreement to Be Bound” (Exhibit A). 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B) of the 20 Federal Rules of Civil Procedure. This provision is not intended to modify whatever 21 procedure may be established in an e-discovery order that provides for production 22 without prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal Rules 23 of Evidence, insofar as the parties reach an agreement on the effect of disclosure of a 24 communication or information covered by the attorney-client privilege or work 25 product protection, the parties may incorporate their agreement in the stipulated 26 protective order submitted to the court. 27 / / / 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 3 abridges the right of any person to seek its modification by the court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Stipulated Protective Order no Party waives any right it otherwise would have to 6 object to disclosing or producing any information or item on any ground not addressed 7 in this Stipulated Protective Order. Similarly, no Party waives any right to object on 8 any ground to use in evidence of any of the material covered by this Stipulated 9 Protective Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Local Rule 79-5. Protected Material may only 12 be filed under seal pursuant to a court order authorizing the sealing of the specific 13 Protected Material at issue. If a Party's request to file Protected Material under seal 14 is denied by the court, then the Receiving Party may file the information in the public 15 record unless otherwise instructed by the court. 16 13. FINAL DISPOSITION 17 After the Final Disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in this 20 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving 23 Party must submit a written certification to the Producing Party (and, if not the same 24 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 25 (by category, where appropriate) all the Protected Material that was returned or 26 destroyed and (2) affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries or any other format reproducing or capturing any 1 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 2 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 3 reports, attorney work product, and consultant and expert work product, even if such 4 materials contain Protected Material. Any such archival copies that contain or 5 constitute Protected Material remain subject to this Protective Order as set forth in 6 Section 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 1 || 14. VIOLATION 2 Any violation of this Stipulated Protective Order may be punished by any and 3 || all appropriate measures including, without limitation, contempt proceedings and/or 4 || monetary sanctions. 5 6 Dated: October 28, 2024 LAW OFFICE OF DO KIM, APLC 7 By: _/s/ James Do Kim 8 JAMES DO KIM, 9 Counsel for Plaintiff CUAUHTEMOC LUGO 10 Dated October 28, 2024 DEVANEY PATE MORRIS AND CAMERON, LLP 11 12 By:__/s/ Lesley Ionescu 13 LESLEY IONESCU 14 Counsel for Defendant JOSHUA CARLOS 15 16 Dated: October 28, 2024 HYDEE FELDSTEIN SOTO, City Attorney DENISE C. MILLS, Chief Deputy City Attorney 17 KATHLEEN KENEALY, Chief Assistant City Attorney 18 CORY M. BRENTE, Senior Assistant City Attorney 19 By: /s/ Yeremy □□ Warren 20 JEREMY B. WARREN, Deputy City Attorney | Attorneys for Defendants, CITY OF LOS ANGELES, BRANDON KIEFER, JONATHAN JOHNSON, AND 22 JUAN DEHARO 23 24 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 - 26 || Dated: 10/28/24 EEZZAZ 27 HONORABLE CHARLES F. EICK 28 United States Magistrate Court Judge

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, __________________________________ [print or type full name], of 5 ________________________________ [print or type full address], declare 6 under penalty of perjury that I have read in its entirety and understand the Stipulated 7 Protective Order that was issued by the United States District Court for the Central 8 District of California on [date] ________ in the case of CUAUHTEMOC LUGO 9 v. CITY OF LOS ANGELES, ET AL., USDC Case No. 2:24-cv-05496 RGK(E). I 10 agree to comply with and to be bound by all the terms of this Stipulated Protective 11 Order and I understand and acknowledge that failure to so comply could expose me 12 to sanctions and punishment in the nature of contempt. I solemnly promise that I 13 will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance with 15 the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. I hereby appoint ________________________ [print 20 or type full name] of ___________________________________________[print 21 or type full address and telephone number] as my California agent for service of 22 process in connection with this action or any proceedings related to enforcement of 23 this Stipulated Protective Order. 24 25 Date: 26 City and State where sworn and signed: 27 Printedname: