7 UNITED STATES DISTRICT COURT 8 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 11 ESTATE OF RUBEN GUZMAN, by Case No. 5:24-cv-01199-SSS-DTB 12 and through successor in interest Ruben Guzman, Sr., individually, 13 Plaintiff, [PROPOSED] STIPULATED 14 PROTECTIVE ORDER v. 15 COUNTY OF RIVERSIDE, a public 16 entity; RIVERSIDE COUNTY SHERIFF’S DEPARTMENT; 17 SHERIFF CHAD BIANCO, in his individual and official capacities; 18 EDWARD DELGADO; JAMES KRACHMER; MARTIN TOCHTROP; 19 and DOES 1 through 10, individually, jointly and severally, 20 Defendants. 21
22 TO THE HONORABLE COURT: 23 By and through their counsel of record in this action, plaintiff ESTATE OF RUBEN 24 GUZMAN, by and through successor in interest Ruben Guzman, Sr., individually, 25 (hereinafter referred to as “Plaintiffs”) and defendants COUNTY OF RIVERSIDE, 26 a public entity; RIVERSIDE COUNTY SHERIFF’S DEPARTMENT; SHERIFF 27 CHAD BIANCO, in his individual and official capacities; EDWARD DELGADO; 1 JAMES KRACHMER; MARTIN TOCHTROP; and DOES 1 through 10, 2 individually, jointly and severally (hereinafter referred to collectively as 3 “Defendants”) – the parties – hereby stipulate for the purpose of jointly requesting 4 that the honorable Court enter a protective order re confidential documents in this 5 matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. 6 Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] – as 7 follows: 8 1. GOOD CAUSE STATEMENT 9 1.1. Contentions re Harm from Disclosure of Confidential Materials. 10 Defendants contend that there is good cause and a particularized need for a 11 protective order to preserve the interests of confidentiality and privacy in peace officer 12 personnel file records and associated investigative or confidential records for the 13 following reasons. 14 First, Defendants contend that peace officers have a federal privilege of privacy 15 in their personnel file records: a reasonable expectation of privacy therein that is 16 underscored, specified, and arguably heightened by the Pitchess protective procedure 17 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 18 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 19 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 20 discovery disputes involving federal claims,” the “state privilege law which is 21 consistent with its federal equivalent significantly assists in applying [federal] 22 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 23 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 24 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 25 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 26 uncontrolled disclosure of such personnel file information can threaten the safety of 27 non-party witnesses, officers, and their families/associates. 1 have federal deliberative-executive process privilege, federal official information 2 privilege, federal law enforcement privilege, and federal attorney-client privilege 3 (and/or attorney work product protection) interests in the personnel files of their peace 4 officers – particularly as to those portions of peace officer personnel files that contain 5 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 6 communications for the purposes of obtaining or rendering legal advice or analysis – 7 potentially including but not limited to evaluative/analytical portions of Internal 8 Affairs type records or reports, evaluative/analytical portions of supervisory records 9 or reports, and/or reports prepared at the direction of counsel, or for the purpose of 10 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 11 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 12 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 13 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 14 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 15 v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants 16 further contend that such personnel file records are restricted from disclosure by the 17 public entity’s custodian of records pursuant to applicable California law and that 18 uncontrolled release is likely to result in needless intrusion of officer privacy; 19 impairment in the collection of third-party witness information and statements 20 and related legitimate law enforcement investigations/interests; and a chilling of 21 open and honest discussion regarding and/or investigation into alleged 22 misconduct that can erode a public entity’s ability to identify and/or implement 23 any remedial measures that may be required. 24 Third, Defendants contend that, since peace officers do not have the same rights 25 as other private citizens to avoid giving compelled statements, it is contrary to the 26 fundamental principles of fairness to permit uncontrolled release of officers’ 27 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 1 Accordingly, Defendants contend that, without a protective order preventing 2 such, production of confidential records in the case can and will likely substantially 3 impair and harm defendant public entity’s interests in candid self-critical analysis, 4 frank internal deliberations, obtaining candid information from witnesses, preserving 5 the safety of witnesses, preserving the safety of peace officers and peace officers’ 6 families and associates, protecting the privacy officers of peace officers, and 7 preventing pending investigations from being detrimentally undermined by 8 publication of private, sensitive, or confidential information – as can and often does 9 result in litigation. 10 1.2. Plaintiff does not agree with and does not stipulate to Defendants’ 11 contentions herein above, and nothing in this Stipulation or its associated Order shall 12 resolve the parties’ disagreement, or bind them, concerning the legal statements and 13 claimed privileges set forth above. 14 However, plaintiff agrees that there is Good Cause for a Protective Order so as 15 to preserve the respective interests of the parties without the need to further burden 16 the Court with such issues. Specifically, the parties jointly contend that, absent this 17 Stipulation and its associated Protective Order, the parties' respective privilege 18 interests may be impaired or harmed, and that this Stipulation and its associated 19 Protective Order may avoid such harm by permitting the parties to facilitate discovery 20 with reduced risk that privileged and/or sensitive/confidential information will 21 become matters of public record. 22 1.3. The parties jointly contend that there is typically a particularized need 23 for protection as to any medical or psychotherapeutic records and autopsy 24 photographs, because of the privacy interests at stake therein. Because of these 25 sensitive interests, a Court Order should address these documents rather than a private 26 agreement between the parties. 27 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 1 documents consistent with the terms and provisions of this Stipulation. However, the 2 entry of a Protective Order by the Court pursuant to this Stipulation shall not be 3 construed as any ruling by the Court on the aforementioned legal statements or 4 privilege claims in this section (§ 1), nor shall this section be construed as part of any 5 such Court Order. 6 A.
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7 UNITED STATES DISTRICT COURT 8 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 11 ESTATE OF RUBEN GUZMAN, by Case No. 5:24-cv-01199-SSS-DTB 12 and through successor in interest Ruben Guzman, Sr., individually, 13 Plaintiff, [PROPOSED] STIPULATED 14 PROTECTIVE ORDER v. 15 COUNTY OF RIVERSIDE, a public 16 entity; RIVERSIDE COUNTY SHERIFF’S DEPARTMENT; 17 SHERIFF CHAD BIANCO, in his individual and official capacities; 18 EDWARD DELGADO; JAMES KRACHMER; MARTIN TOCHTROP; 19 and DOES 1 through 10, individually, jointly and severally, 20 Defendants. 21
22 TO THE HONORABLE COURT: 23 By and through their counsel of record in this action, plaintiff ESTATE OF RUBEN 24 GUZMAN, by and through successor in interest Ruben Guzman, Sr., individually, 25 (hereinafter referred to as “Plaintiffs”) and defendants COUNTY OF RIVERSIDE, 26 a public entity; RIVERSIDE COUNTY SHERIFF’S DEPARTMENT; SHERIFF 27 CHAD BIANCO, in his individual and official capacities; EDWARD DELGADO; 1 JAMES KRACHMER; MARTIN TOCHTROP; and DOES 1 through 10, 2 individually, jointly and severally (hereinafter referred to collectively as 3 “Defendants”) – the parties – hereby stipulate for the purpose of jointly requesting 4 that the honorable Court enter a protective order re confidential documents in this 5 matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. 6 Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] – as 7 follows: 8 1. GOOD CAUSE STATEMENT 9 1.1. Contentions re Harm from Disclosure of Confidential Materials. 10 Defendants contend that there is good cause and a particularized need for a 11 protective order to preserve the interests of confidentiality and privacy in peace officer 12 personnel file records and associated investigative or confidential records for the 13 following reasons. 14 First, Defendants contend that peace officers have a federal privilege of privacy 15 in their personnel file records: a reasonable expectation of privacy therein that is 16 underscored, specified, and arguably heightened by the Pitchess protective procedure 17 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 18 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 19 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 20 discovery disputes involving federal claims,” the “state privilege law which is 21 consistent with its federal equivalent significantly assists in applying [federal] 22 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 23 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 24 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 25 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 26 uncontrolled disclosure of such personnel file information can threaten the safety of 27 non-party witnesses, officers, and their families/associates. 1 have federal deliberative-executive process privilege, federal official information 2 privilege, federal law enforcement privilege, and federal attorney-client privilege 3 (and/or attorney work product protection) interests in the personnel files of their peace 4 officers – particularly as to those portions of peace officer personnel files that contain 5 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 6 communications for the purposes of obtaining or rendering legal advice or analysis – 7 potentially including but not limited to evaluative/analytical portions of Internal 8 Affairs type records or reports, evaluative/analytical portions of supervisory records 9 or reports, and/or reports prepared at the direction of counsel, or for the purpose of 10 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 11 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 12 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 13 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 14 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 15 v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants 16 further contend that such personnel file records are restricted from disclosure by the 17 public entity’s custodian of records pursuant to applicable California law and that 18 uncontrolled release is likely to result in needless intrusion of officer privacy; 19 impairment in the collection of third-party witness information and statements 20 and related legitimate law enforcement investigations/interests; and a chilling of 21 open and honest discussion regarding and/or investigation into alleged 22 misconduct that can erode a public entity’s ability to identify and/or implement 23 any remedial measures that may be required. 24 Third, Defendants contend that, since peace officers do not have the same rights 25 as other private citizens to avoid giving compelled statements, it is contrary to the 26 fundamental principles of fairness to permit uncontrolled release of officers’ 27 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 1 Accordingly, Defendants contend that, without a protective order preventing 2 such, production of confidential records in the case can and will likely substantially 3 impair and harm defendant public entity’s interests in candid self-critical analysis, 4 frank internal deliberations, obtaining candid information from witnesses, preserving 5 the safety of witnesses, preserving the safety of peace officers and peace officers’ 6 families and associates, protecting the privacy officers of peace officers, and 7 preventing pending investigations from being detrimentally undermined by 8 publication of private, sensitive, or confidential information – as can and often does 9 result in litigation. 10 1.2. Plaintiff does not agree with and does not stipulate to Defendants’ 11 contentions herein above, and nothing in this Stipulation or its associated Order shall 12 resolve the parties’ disagreement, or bind them, concerning the legal statements and 13 claimed privileges set forth above. 14 However, plaintiff agrees that there is Good Cause for a Protective Order so as 15 to preserve the respective interests of the parties without the need to further burden 16 the Court with such issues. Specifically, the parties jointly contend that, absent this 17 Stipulation and its associated Protective Order, the parties' respective privilege 18 interests may be impaired or harmed, and that this Stipulation and its associated 19 Protective Order may avoid such harm by permitting the parties to facilitate discovery 20 with reduced risk that privileged and/or sensitive/confidential information will 21 become matters of public record. 22 1.3. The parties jointly contend that there is typically a particularized need 23 for protection as to any medical or psychotherapeutic records and autopsy 24 photographs, because of the privacy interests at stake therein. Because of these 25 sensitive interests, a Court Order should address these documents rather than a private 26 agreement between the parties. 27 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 1 documents consistent with the terms and provisions of this Stipulation. However, the 2 entry of a Protective Order by the Court pursuant to this Stipulation shall not be 3 construed as any ruling by the Court on the aforementioned legal statements or 4 privilege claims in this section (§ 1), nor shall this section be construed as part of any 5 such Court Order. 6 A. PURPOSES AND LIMITATIONS. 7 Disclosure and discovery activity in this action are likely to involve production 8 of confidential, proprietary, or private information for which special protection from 9 public disclosure and from use for any purpose other than prosecuting or defending 10 this litigation would be warranted. Accordingly, the parties hereby stipulate to and 11 petition the court to enter the following Stipulation and an associated Order. 12 The parties acknowledge that this Stipulation and associated Order does not 13 confer blanket protections on all disclosures or responses to discovery and that the 14 protection it affords extends only to the specified information or items that are entitled 15 to treatment as confidential. 16 The parties further acknowledge, as set forth below, that this Stipulation and 17 Order creates no entitlement to file confidential information under seal, except to the 18 extent specified herein; Central District Local Rules 79-5.1 and 79-5.2 set(s) forth the 19 procedures that must be followed and reflects the standards that will be applied when 20 a party seeks permission from the court to file material under seal. 21 Nothing in this Stipulation or associated Order shall be construed so as to 22 require or mandate that any Party disclose or produce privileged information or 23 records that could be designated as Confidential Documents/Protected Material 24 hereunder. 25 STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL RECORDS 26 27 2. DEFINITIONS 1 employees, agents, consultants, retained experts, house counsel and outside counsel 2 (and/or the support staff thereof). 3 2.2. Disclosure or Discovery Material: all items or information, regardless 4 of the medium or manner generated, stored or maintained (including, among other 5 things, testimony, transcripts, or tangible things) that are produced – or generated in 6 disclosures or responses to discovery – by any Party in this matter. 7 2.3. “Confidential” Information or Items: information (regardless of the 8 medium or how generated, stored, or maintained) or tangible things that qualify for 9 protection under standards developed under Federal Rule of Civil Procedure 26(c) 10 and/or applicable federal privileges. This material includes, but is not limited to, 11 medical records, psychotherapeutic records, and autopsy photographs; as well as 12 peace officer personnel records as defined by California Penal Code sections 832.8, 13 832.5, 832.7 and the associated case law; and other similar confidential records 14 designated as such. 15 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 16 from a Producing Party, including a Party that has noticed or subpoenaed and is taking 17 a deposition or comparable testimony. 18 2.5. Producing Party: a Party or non-party that produces Disclosure or 19 Discovery Material in this action, including a Party that is defending a deposition 20 noticed or subpoenaed by another Party; additionally, for the limited purpose of 21 designating testimony subject to this Stipulation and Order pursuant to section 6.2(b) 22 (infra), a “Producing Party” shall also be construed to include a Party that is attending 23 and/or participating in a non-party deposition noticed/subpoenaed by another Party. 24 2.6. Designating Party: a Party or non-party public entity employer of a Party 25 that designates information or items that it produces in disclosures or in responses to 26 discovery as “CONFIDENTIAL.” 27 2.7. Protected Material: any Disclosure or Discovery Material that is 1 Protective Order. (The term “Confidential Document” shall be synonymous with the 2 term “Protected Material” for the purposes of this Stipulation and any associated 3 Protective Order.) 4 2.8. Outside Counsel: attorneys who are not employees of a Party but who 5 are retained to represent or advise a Party in this action (as well as their support staffs). 6 2.9. House Counsel: attorneys who are employees of a Party (as well as their 7 support staffs). 8 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as 9 well as their support staffs). 10 2.11. Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 an expert witness or as a consultant in this action and who is not a past or a current 13 employee of a Party and who, at the time of retention, is not anticipated to become an 14 employee of a Party or a competitor of a Party’s; as well as any person retained, 15 designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 16 Procedure 26(a)(2) or other applicable discovery Rules or statutes. 17 2.12. Professional Vendors: persons or entities that provide litigation support 18 services (e.g., photocopying; videotaping; translating; preparing exhibits or 19 demonstrations; and/or organizing, storing, retrieving data in any form or medium; 20 etc.); and their employees and subcontractors. 21 3. SCOPE OF PROTECTION 22 The protections conferred by this Stipulation and its associated Order cover not 23 only Protected Material/Confidential Documents (as defined above), but also (1) any 24 information copied or extracted from Protected Material; (2) all copies, excerpts, 25 summaries, or compilations of Protected Material; and (3) any testimony, 26 conversations, or presentations by Parties or their Counsel that might reveal Protected 27 Material. However, the protections conferred by this Stipulation and its associated 1 domain at the time of disclosure to a Receiving Party or becomes part of the public 2 domain after its disclosure to a Receiving Party as a result of publication not involving 3 a violation of this Order, including becoming part of the public record through trial or 4 otherwise; and (b) any information known to the Receiving Party prior to the 5 disclosure or obtained by the Receiving Party after the disclosure from a source who 6 obtained the information lawfully and under no obligation of confidentiality to the 7 Designating Party. 8 Except to the extent specified herein (if any), any use of Protected Material at 9 trial shall not be governed by this Order, but may be governed by a separate agreement 10 or order. 11 Any use of Protected Material at trial shall be governed by the Orders of the 12 trial judge: this Stipulation and its associated Protective Order do(es) not govern the 13 use of Protected Material at trial. 14 Nothing in this Stipulation or its associated Order shall be construed as binding 15 upon the Court or its court personnel, who are subject only to the Court’s internal 16 procedures regarding the handling of materials filed or lodged, including materials 17 filed or lodged under seal. 18 4. DURATION OF PROTECTION 19 Even after final disposition of this litigation, the confidentiality obligations 20 imposed by this Order shall remain in effect (1) unless the information designated 21 confidential was admitted into evidence at the time of trial, or (2) until Parties agree 22 otherwise in writing or a court order otherwise directs. 23 Final disposition shall be deemed to be the later of (1) dismissal of all claims 24 and defenses in this Action, with or without prejudice; and (2) final judgment herein 25 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 26 reviews of this Action, including the time limits for filing any motions or 27 applications for extension of time pursuant to applicable law. 1 5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL 2 DOCUMENTS 3 5.1. Exercise of Restraint and Care in Designating Material for Protection. 4 Each Party or non-party that designates information or items for protection 5 under this Stipulation and its associated Order must take care to limit any such 6 designation to specific material that qualifies under the appropriate standards. A 7 Designating Party must take care to designate for protection only those parts of 8 material, documents, items, or oral or written communications that qualify – so that 9 other portions of the material, documents, items or communications for which 10 protection is not warranted are not swept unjustifiably within the ambit of this Order. 11 Mass, indiscriminate, or routine designations are prohibited. Designations that 12 are shown to be clearly unjustified, or that have been made for an improper purpose 13 (e.g., to unnecessarily encumber or retard the case development process, or to impose 14 unnecessary expenses and burdens on other parties), expose the Designating Party to 15 sanctions. 16 If it comes to a Party’s or a non-party’s attention that information or items that 17 it designated for protection do not qualify for protection at all, or do not qualify for 18 the level of protection initially asserted, that Party or non-party must promptly notify 19 all other parties that it is withdrawing the mistaken designation. 20 5.2. Manner and Timing of Designations. Except as otherwise provided in 21 this Order, or as otherwise stipulated or ordered, material that qualifies for protection 22 under this Order must be clearly so designated before the material is disclosed or 23 produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (apart from transcripts of 26 depositions or other pretrial or trial proceedings, and regardless of whether produced 27 in hardcopy or electronic form), that the Producing Party affix the legend 1 or portions of the material on a page qualifies for protection, the Producing Party also 2 must clearly identify the protected portion(s) (e.g., by making appropriate markings 3 in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The 4 placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the 5 substance of the page’s (or pages’) text or content. 6 A Party or Non-Party that makes original documents or materials available for 7 inspection need not designate them for protection until after the inspecting Party has 8 indicated which material it would like copied and produced. During the inspection 9 and before the designation, all of the material made available for inspection shall be 10 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 11 it wants copied and produced, the Producing Party must determine which documents, 12 or portions thereof, qualify for protection under this Order. Then, before producing 13 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 14 legend to each page that contains Protected Material. If only a portion or portions of 15 the material on a page qualifies for protection, the Producing Party also must clearly 16 identify the protected portion(s) (e.g., by making appropriate markings in the 17 margins). 18 (b) for testimony given in deposition or in other pretrial or trial proceedings, 19 that the Party or non-party offering or sponsoring the testimony identify on the record, 20 before the close of the deposition, hearing, or other proceeding, all protected 21 testimony, and further specify any portions of the testimony that qualify as 22 “CONFIDENTIAL.” When it is impractical to identify separately each portion of 23 testimony that is entitled to protection, and when it appears that substantial portions 24 of the testimony may qualify for protection, the Producing Party may invoke on the 25 record (before the deposition or proceeding is concluded) a right to have up to twenty 26 (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 27 Only those portions of the testimony that are appropriately designated as 1 provisions of this Stipulation and its associated Protective Order. 2 The court reporter must affix to each such transcript page containing Protected 3 Material the legend “CONFIDENTIAL,” as instructed by the Producing Party. 4 (c) for information produced in some form other than documentary, and for 5 any other tangible items (including but not limited to information produced on disc or 6 electronic data storage device), that the Producing Party affix in a prominent place on 7 the exterior of the container or containers in which the information or item is stored 8 the legend “CONFIDENTIAL.” If only portions of the information or item warrant 9 protection, the Producing Party, to the extent practicable, shall identify the protected 10 portions, specifying the material as “CONFIDENTIAL.” 11 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, 12 though not necessarily, within 30 days of production or disclosure of such material), 13 an inadvertent failure to designate qualified information or items as 14 “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to 15 secure protection under this Stipulation and its associated Order for such material. 16 If material is appropriately designated as “CONFIDENTIAL” after the material 17 was initially produced, the Receiving Party, on timely notification of the designation, 18 must make reasonable efforts to assure that the material is treated in accordance with 19 this Stipulation and its associated Order. 20 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall 21 not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove 22 a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any 23 other action so as to make it appear that Protected Material is not subject to the terms 24 and provisions of this Stipulation and its associated Order. However, nothing in this 25 section shall be construed so as to prevent a Receiving Party from challenging a 26 confidentiality designation subject to the provisions of section 6, infra. 27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1 designation of confidentiality at any time that is consistent with the Court's 2 Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality 3 designation is necessary to avoid foreseeable substantial unfairness, unnecessary 4 economic burdens, or a later significant disruption or delay of the litigation, a Party 5 does not waive its right to challenge a confidentiality designation by electing not to 6 mount a challenge promptly after the original designation is disclosed. 7 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a 8 Challenging Party shall initiate a dispute resolution process by providing written 9 notice of each specific designation it is challenging, and describing the basis (and 10 supporting authority or argument) for each challenge. To avoid ambiguity as to 11 whether a challenge has been made, the written notice must recite that the challenge 12 to confidentiality is being made in accordance with this specific paragraph of the 13 associated Protective Order. The parties shall attempt to resolve each challenge in 14 good faith and must begin the process by conferring directly (in voice to voice 15 dialogue, either in person, telephonically, or by other comparable means, but not by 16 correspondence) within 14 days of the date of service of notice. 17 In conferring, the Challenging Party must explain the specific basis for its belief 18 that the confidentiality designation was not proper and must give the Designating 19 Party an opportunity to review the designated material, to reconsider the 20 circumstances, and, if no change in designation is offered, to explain the basis for the 21 chosen designation. A Challenging Party may proceed to the next stage of the 22 challenge process only if it has engaged in this meet and confer process first or 23 establishes that the Designating Party is unwilling to participate in the meet and confer 24 process in a timely manner. 25 Frivolous challenges, and those challenges made for an improper purpose (e.g., 26 to harass or impose unnecessary expenses and burdens on other parties), may expose 27 the Challenging Party to sanctions. 1 challenge without court intervention, the Challenging Party shall file and serve a 2 motion to remove confidentiality (under the applicable rules for filing and service of 3 discovery motions) within 14 days of the parties agreeing that the meet and confer 4 process will not resolve their dispute, or by the first day of trial of this matter, 5 whichever date is earlier – unless the parties agree in writing to a longer time. 6 The parties must strictly comply with Central District Local Rules 37-1 and 37- 7 2 (including the joint stipulation re discovery dispute requirement) in any motion 8 associated with this Protective Order. 9 Each such motion must be accompanied by a competent declaration affirming 10 that the movant has complied with the meet and confer requirements imposed in the 11 preceding paragraph. In addition, the Challenging Party may file a motion 12 challenging a confidentiality designation at any time if there is good cause for doing 13 so, including a challenge to the designation of a deposition transcript or any portions 14 thereof. Any motion brought pursuant to this provision must be accompanied by a 15 competent declaration affirming that the movant has complied with the meet and 16 confer requirements imposed by the preceding paragraph. 17 The burden of persuasion in any such challenge proceeding shall be on the 18 Designating Party, regardless of whether the Designating Party is the moving party or 19 whether such Party sought or opposes judicial intervention. Frivolous challenges, and 20 those made for an improper purpose (e.g., to harass or impose unnecessary expenses 21 and burdens on other parties) may expose the Challenging Party to sanctions. Unless 22 the Designating Party has waived the confidentiality designation by failing to oppose 23 a motion to remove confidentiality as described above, all parties shall continue to 24 afford the material in question the level of protection to which it is entitled under the 25 Producing Party’s designation until the court rules on the challenge. 26 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 27 Designating Party may remove Protected Material/Confidential Documents from 1 Order at any time by any of the following methods: 2 (a) Express Written Withdrawal. A Designating Party may withdraw a 3 “CONFIDENTIAL” designation made to any specified Protected Material 4 /Confidential Documents from some or all of the protections of this Stipulation and 5 its associated Order by an express withdrawal in a writing signed by such Party (or 6 such Party’s Counsel, but not including staff of such Counsel) that specifies and 7 itemizes the Disclosure or Discovery Material previously designated as Protected 8 Material/Confidential Documents that shall no longer be subject to all or some of the 9 provisions of this Stipulation and Order. Such express withdrawal shall be effective 10 when transmitted or served upon the Receiving Party. If a Designating Party is 11 withdrawing Protected Material from only some of the provisions/ protections of this 12 Stipulation and Order, such Party must state which specific provisions are no longer 13 to be enforced as to the specified material for which confidentiality protection 14 hereunder is withdrawn: otherwise, such withdrawal shall be construed as a 15 withdrawal of such material from all of the protections/provisions of this Stipulation 16 and Order; 17 (b) Express Withdrawal on the Record. A Designating Party may withdraw 18 a “CONFIDENTIAL” designation made to any specified Protected 19 Material/Confidential Documents from all of the provisions/protections of this 20 Stipulation and its associated Order by verbally consenting in court proceedings on 21 the record to such withdrawal – provided that such withdrawal specifies the 22 Disclosure or Discovery Material previously designated as Protected Material/ 23 Confidential Documents that shall no longer be subject to any of the provisions of this 24 Stipulation and Order. A Designating Party is not permitted to withdraw Protected 25 Material from only some of the protections/provisions of this Stipulation and Order 26 by this method; 27 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 1 designation made to any specified Protected Material/Confidential Documents from 2 all of the provisions/protections of this Stipulation and Order by either (1) making 3 such Protected Material/Confidential Records part of the public record – including 4 but not limited to attaching such as exhibits to any filing with the court without 5 moving, prior to such filing, for the court to seal such records; or (2) failing to timely 6 oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to 7 specified Protected Material/Confidential Documents. Nothing in this Stipulation and 8 Order shall be construed so as to require any Party to file Protected 9 Material/Confidential Documents under seal, unless expressly specified herein. 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1. Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a non-party in connection with this case 13 only for preparing, prosecuting, defending, or attempting to settle this litigation – up 14 to and including final disposition of the above-entitled action – and not for any other 15 purpose, including any other litigation or dispute outside the scope of this action. 16 Such Protected Material may be disclosed only to the categories of persons and under 17 the conditions described in this Stipulation and its associated Order. When the above 18 entitled litigation has been terminated, a Receiving Party must comply with the 19 provisions of section 11, below (FINAL DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at a 21 location and in a secure manner that ensures that access is limited to the persons 22 authorized under this Stipulation and its Order. 23 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 24 otherwise ordered by the Court or permitted in writing by the Designating Party, a 25 Receiving Party may disclose any information or item designated CONFIDENTIAL 26 only to: 27 (a) the Receiving Party’s Outside Counsel of record in this action, as well 1 information for this litigation; 2 (b) the officers, directors, and employees (including House Counsel) of the 3 Receiving Party to whom disclosure is reasonably necessary for this litigation – each 4 of whom, by accepting receipt of such Protected Material, thereby agree to be bound 5 by this Stipulation and Order; 6 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party 7 to whom disclosure is reasonably necessary for this litigation – each of whom, by 8 accepting receipt of such Protected Material, thereby agree to be bound by this 9 Stipulation and Order; 10 (d) court reporters, their staffs, and Professional Vendors to whom 11 disclosure is reasonably necessary for this litigation – each of whom, by accepting 12 receipt of such Protected Material, thereby agree to be bound by this Stipulation and 13 Order; 14 (e) during their depositions, witnesses in the action to whom disclosure is 15 reasonably necessary – each of whom, by accepting receipt of such Protected 16 Material, thereby agree to be bound by this Stipulation and Order. Pages of 17 transcribed deposition testimony or exhibits to depositions that reveal Protected 18 Material must have a confidential designation affixed by the court reporter to such 19 pages containing Protected Material and such may not be disclosed to anyone except 20 as permitted under this Stipulation and its Protective Order. 21 (f) the author or custodian of a document containing the information that 22 constitutes Protected Material, or other person who otherwise possessed or knew the 23 information. 24 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected 25 Material/Confidential Documents to persons to whom this Stipulation and its Order 26 permits disclosure or production (see section 8.2, supra), a Receiving Party shall 27 provide a copy of this Stipulation and Order to such persons so as to put such persons 1 reporters, Professional Vendors, and for witnesses being provided with Protected 2 Material during a deposition, it shall be sufficient notice for Counsel for the Receiving 3 Party to give the witness a verbal admonition (on the record, for witnesses) regarding 4 the provisions of this Stipulation and its Order and such provisions’ applicability to 5 specified Protected Material at issue. 6 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be 7 construed so as to require any Producing Party to designate any records or materials 8 as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so 9 as to prevent the admission of Protected Material into evidence at the trial of this 10 action, or in any appellate proceedings for this action, solely on the basis that such 11 Disclosure or Discovery Material has been designated as Protected 12 Material/Confidential Documents. Notwithstanding the foregoing, nothing in this 13 Stipulation and Order shall be construed as a waiver of any privileges or of any rights 14 to object to the use or admission into evidence of any Protected Material in any 15 proceeding; nor shall anything herein be construed as a concession that any privileges 16 asserted or objections made are valid or applicable. Nothing in this Stipulation and 17 Order shall be construed so as to prevent the Designating Party (or its Counsel or 18 custodian of records) from having access to and using Protected Material designated 19 by that Party in the manner in which such persons or entities would typically use such 20 materials in the normal course of their duties or profession – except that the waiver of 21 confidentiality provisions shall apply (see section 6.4(c), supra). 22 7.5. Requirement to File Confidential Documents Under Seal. Confidential 23 Documents may be submitted in all law and motion proceedings before the Court if 24 done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or 25 United States District Court, Central District of California Local Rules 79-5.1 and 79- 26 5.2 (as applicable) and pursuant to the provisions of this Stipulation and any 27 associated Order. If any Receiving Party attaches any Confidential Documents to any 1 Court, such Confidential Document(s) shall be filed/lodged under seal pursuant to 2 Federal Rules of Civil Procedure 5.2 and 26 and/or United States District Court, 3 Central District of California Local Rules 79-5.1 and 79-5.2 to the extent applicable. 4 However, this paragraph (¶ 7.5) shall not be construed so as to prevent a 5 Designating Party or counsel from submitting, filing, lodging, or publishing any 6 document it has previously designated as a Confidential Document without 7 compliance with this paragraph’s requirement to do so under seal (i.e., a producing- 8 disclosing party or counsel may submit or publish its own Confidential Documents 9 without being in violation of the terms of this Stipulation and its Protective Order). 10 Furthermore, a Receiving Party shall be exempted from the requirements of 11 this paragraph as to any specifically identified Confidential Document(s) where – 12 prior to the submission or publication of the Confidential Document(s) at issue – the 13 Designating Party of such specifically identified Confidential Document(s) has 14 waived/withdrawn the protections of this Stipulation and its Order (pursuant to 15 paragraph 6.4, supra). 16 A Receiving Party shall also be exempt from the sealing requirements of this 17 paragraph (¶ 7.5) where the Confidential Documents/Protected Material at issue is/are 18 not documents, records, or information regarding or incorporating: 19 (1) private, personal information contained in peace officer personnel files 20 (such as social security numbers, driver’s license numbers or comparable personal 21 government identification numbers, residential addresses, compensation or pension 22 or personal property information, credit card numbers or credit information, dates of 23 birth, tax records and information, information related to the identity of an officer’s 24 family members or co-residents, and comparable personal information about the 25 officer or his family); 26 (2) any internal affairs or comparable investigation by any law enforcement 27 agency into alleged officer misconduct; and/or 1 of any peace officer or party to this action. 2 Nothing in this paragraph shall be construed to bind the Court or its authorized 3 staff so as to limit or prevent the publication of any Confidential Documents to the 4 jury or factfinder, at the time of trial of this matter, where the Court has deemed such 5 Confidential Documents to be admissible into evidence. 6 Nothing in this Stipulation or in any associated Order shall be construed as any 7 entitlement for the parties to file any documents or materials under seal; nor shall the 8 parties’ Stipulation or this Order be construed as any exemption from any of the 9 requirements of Central District Local Rule 79-5. The parties are required to comply 10 with the applicable Local Rules in their entirety. If the Court denies a party’s request 11 for filing material under seal, that material may be filed in the public record unless 12 otherwise instructed by the Court. 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 14 PRODUCED IN OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation 16 that compels disclosure of any information or items designated in this action as 17 “CONFIDENTIAL,” that Party must: 18 (a) promptly notify in writing the Designating Party, preferably (though not 19 necessarily) by facsimile or electronic mail. Such notification shall include a copy of 20 the subpoena or court order at issue; 21 (b) promptly notify in writing the party who caused the subpoena or order to 22 issue in the other litigation that some or all of the material covered by the subpoena 23 or order is subject to this Stipulation and its Protective Order. Such notification shall 24 include a copy of this Stipulation and its Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued 26 by all sides in any such situation, while adhering to the terms of this Stipulation and 27 its Order. 1 the subpoena or court order shall not produce any information designated in this action 2 as “CONFIDENTIAL” before a determination by the court from which the subpoena 3 or order issued, unless the Party has obtained the Designating Party’s permission. The 4 Designating Party shall bear the burden and expense of seeking protection in that court 5 of its confidential material – and nothing in these provisions should be construed as 6 authorizing or encouraging a Receiving Party in this action to disobey a lawful 7 directive from another court. 8 The purpose of this section is to ensure that the affected Party has a meaningful 9 opportunity to preserve its confidentiality interests in the court from which the 10 subpoena or court order issued. 11 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 9.1. Unauthorized Disclosure of Protected Material. 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulation and Order, the Receiving Party must immediately: 16 (a) notify in writing the Designating Party of the unauthorized disclosures; 17 (b) use its best efforts to retrieve all copies of the Protected Material; 18 (c) inform the person or persons to whom unauthorized disclosures were 19 made of all the terms of this Order; and 20 (d) request such person or persons consent to be bound by the Stipulation 21 and Order. 22 9.2. Inadvertent Production of Privileged or Otherwise Protected Material. 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior 1 parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted 4 to the court. 5 10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED 6 10.1. Filing of Protected Material. 7 Without advance written permission from the Designating Party, or a court 8 order secured after appropriate notice to all interested persons, a Receiving Party may 9 not file in the public record in this action any Protected Material. A Party that seeks 10 to file under seal any Protected Material must comply with the applicable Federal and 11 Local Rules. 12 10.2. Public Dissemination of Protected Material. 13 A Receiving Party shall not publish, release, post, or disseminate Protected 14 Material to any persons except those specifically delineated and authorized by this 15 Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish, 16 release, leak, post, or disseminate Protected Material/Confidential Documents to any 17 news media, member of the press, website, or public forum (except as permitted under 18 section 7.5 regarding filings with the court in this action and under seal). 19 11. FINAL DISPOSITION 20 Unless otherwise ordered or agreed in writing by the Producing Party, within 21 thirty (30) days after the final termination of this action (defined as the dismissal or 22 entry of judgment by the above named court, or if an appeal is filed, the disposition 23 of the appeal), upon written request by the Producing Party, each Receiving Party 24 must return all Protected Material to the Producing Party – whether retained by the 25 Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non- 26 party to whom the Receiving Party produced or shared such records or information. 27 As used in this subdivision, “all Protected Material” includes all copies, 1 of the Protected Material, regardless of the medium (hardcopy, electronic, or 2 otherwise) in which such Protected Material is stored or retained. 3 In the alternative, at the discretion of the Receiving Party, the Receiving Party 4 may destroy some or all of the Protected Material instead of returning it – unless such 5 Protected Material is an original, in which case, the Receiving Party must obtain the 6 Producing Party’s written consent before destroying such original Protected Material. 7 Whether the Protected Material is returned or destroyed, the Receiving Party 8 must submit a written certification to the Producing Party (and, if not the same person 9 or entity, to the Designating Party) within thirty (30) days of the aforementioned 10 written request by the Designating Party that specifically identifies (by category, 11 where appropriate) all the Protected Material that was returned or destroyed and that 12 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 13 summaries or other forms of reproducing or capturing any of the Protected material 14 (in any medium, including but not limited to any hardcopy, electronic or digital copy, 15 or otherwise). 16 Notwithstanding this provision, Counsel are entitled to retain an archival copy 17 of all pleadings, motion papers, transcripts, legal memoranda filed with the court in 18 this action, as well as any correspondence or attorney work product prepared by 19 Counsel for the Receiving Party, even if such materials contain Protected Material; 20 however, any such archival copies that contain or constitute Protected Material remain 21 subject to this Protective Order as set forth in Section 4 (DURATION), above. This 22 court shall retain jurisdiction in the event that a Designating Party elects to seek court 23 sanctions for violation of this Stipulation and its Order. 24 12. MISCELLANEOUS 25 12.1. Right to Further Relief. Nothing in this Stipulation and its Order 26 abridges the right of any person to seek its modification by the Court in the future. 27 12.2. Right to Assert Other Objections. By stipulating to the entry of a 1 || would have to object to disclosing or producing any information or item on any 2 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any 3 || right to object on any ground to use in evidence any of the material covered by this 4 || Stipulation and its Protective Order. 5 12.3. This Stipulation may be signed in counterpart and a facsimile or 6 || electronic signature shall be as valid as an original signature. 7 8 IT IS SO STIPULATED. 9 Dated: January 24, 2025 MANNING & KASS 10 ELLROD, RAMIREZ, TRESTER LLP 11 12 By: /s/ Eugene Hanrahan 13 Eugene P. Ramirez, Esq. 14 Andrea K. Kornblau, Esq. Eugene P. Hanraha, Esq. 15 Attorneys for Defendants 16 Dated: January 24,2025 THE LAW OFFICES OF CHRISTIAN 18 CONTRERAS, A Professional Law Corporation 19 By: /s/ Christian Contreras 20 Christian Contreras, Esq. Attorney for Plaintiff 22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. fe 24 Dated: January 29, 2025 25 Hon. David T. Bristow %6 U.S. Magistrate Judge 27 | Per Local Rule 5-4.3.4, as the filer of this document, I attest that all other signatories listed, and on whose behalf the 28 || filing is submitted, concur in the filing’s content and have authorized the filing.