G. Ashley v. Michael Rey Moore

Opinion

1 Thomas C. Hurrell, State Bar No. 119876 E-Mail: thurrell@hurrellcantrall.com 2 Nzhdeh Aghazaryan, State Bar No. 316492 E-Mail: naghazaryan@hurrellcantrall.com 3 Ryan C. Oca, State Bar No. 303113 E-Mail: roca@hurrellcantrall.com 4 HURRELL CANTRALL LLP 725 S. Figueroa Street, Suite 3800 5 Los Angeles, California 90017 Telephone: (213) 426-2000 6 Facsimile: (213) 426-2020 7 Attorneys for Defendants, MICHEL MOORE, JUSTIN PETERS, EDGAR MURO, KRISTOPHER CLARK, NICHOLAS CHACON, BEN MCPHEETERS, JERITT 8 SEVERNS, VICENTE LOPEZ, IVAN GUILLERMO, RUBEN CHAVEZ, ARMANDO HOYOS, JAMES ZOUREK and DAVID CHRISTENSEN 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 12 13 G. ASHLEY, Case No. 2:22-cv-04909-DMG (KSx) ____________ 14 Plaintiff, DEFENDANTS' [PROPOSED] PROTECTIVE ORDER TO LIMIT 15 v. DISSEMINATION OF DOCUMENTS AND TO PROHIBIT 16 MICHEL RAY MOORE, ERIC THE DEPOSITION OF CHIEF MICHAEL GARCETTI, GILBERT MICHEL MOORE 17 CEDILLO, PAUL KREKORIAN, ROBERT BLUMENFIELD, NITHYA Judge: Hon. Dolly M. Gee 18 RAMAN, PAUL KORETZ, NURY MARTINEZ, MONICA RODIGUEZ, Trial Date: 04/09/24 19 MARQUEECE-HARRIS, MARK RIDLEY-THOMAS, MICHAEL 20 JOSEPH BONIN, JOHN LEE, MITCH O'FARRELL, KEVIN DE LEON, 21 JOSEPH BUSCAINO, WILLIAM J. BRIGGS II, EILEEN DECKER, DALE 22 BONNER, MARIA LOU CALANCHE, STEVE SOBOROFF, LAPD 23 OFFICERS J. PETERS 37708, E. MURO 36863, CLARK 39587, N. 24 CHACON, B. McPHEETERS 30483, RUBEN CHAVEZ, DAVID 25 CHRISTENSEN, BRIAN COLLINS, IVAN GUILLERMO, ARMANDO 26 HOYOS, VICENTE LOPEZ, JERITT SEVERNS, JAMES ZOUREK, and 2 27 UNKNOWN NAMED DEFENDANTS, 1-10, 1 Defendants

2 3 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based 4 on Defendants’ Proposed Protective Order filed on June 20, 2023, the terms of 5 the Protective Order are adopted as a protective order of this Court (which 6 generally shall govern the pretrial phase of this action) except to the extent, as 7 set forth below, that those terms have been modified by the Court’s 8 amendment of paragraphs 1(B)(i)(ii), 3, 6.2, 7.1, 7.2, 12.2, and addition of 9 Exhibit A to the Protective Order. 10 11 TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND MODIFIED 12 BY THE COURT1

13 PROTECTIVE ORDER 14

15 1. A. PURPOSES AND LIMITATIONS 16 Discovery in this action is likely to involve production of confidential, 17 proprietary, or private information for which special protection from public disclosure 18 and from use for any purpose other than prosecuting this litigation may be warranted. 19 Accordingly, the Defendants hereby motion and petition the Court to enter the 20 following Protective Order. The Defendants acknowledge that this Order does not 21 confer blanket protections on all disclosures or responses to discovery and that the 22 protection it affords from public disclosure and use extends only to the limited 23 information or items that are entitled to confidential treatment under the applicable 24 legal principles. The Defendants further acknowledge, as set forth in Section 12.3, 25 below, that this Protective Order does not entitle them to file confidential information 26 27 1 The Court’s additions to the Protective Order are generally indicated in bold typeface, and 1 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 2 the standards that will be applied when a party seeks permission from the court to file 3 material under seal. 4 B. GOOD CAUSE STATEMENT 5 i. Document dissemination 6 This action is likely to involve the exchange of Police Officer Personnel 7 information and Open Investigations Consisting of Official Information for which 8 special protection from public disclosure and from use for any purpose other than 9 prosecution of this action is warranted. Such confidential materials and information 10 consist of, among other things, medical records containing Police Officer Personnel 11 information and Open Investigations Consisting of Official Information. Accordingly, 12 to expedite the flow of information, to facilitate the prompt resolution of disputes over 13 confidentiality of discovery materials, to adequately protect information the parties 14 are entitled to keep confidential, to ensure that the parties are permitted reasonable 15 necessary uses of such material in preparation for and in the conduct of trial, to address 16 their handling at the end of the litigation, and serve the ends of justice, a protective 17 order for such information is justified in this matter. It is the intent of the parties that 18 information will not be designated as confidential for tactical reasons and that nothing 19 be so designated without a good faith belief that it has been maintained in a 20 confidential, non-public manner, and there is good cause why it should not be part of 21 the public record of this case. 22 Rule 26(c) of the Federal Rules of Civil Procedure provides in pertinent part 23 as follows: 24 (1) In General. A party or any person from whom discovery is sought 25 may move for a protective order in the court where the action is pending—or 26 as an alternative on matters relating to a deposition, in the court for the district 27 where the deposition will be taken. The motion must include a certification 1 affected parties in an effort to resolve the dispute without court action. The 2 court may, for good cause, issue an order to protect a party or person from 3 annoyance, embarrassment, oppression, or undue burden or expense, including 4 one or more of the following: 5 . . . (D) forbidding inquiry into certain matters, or limiting the scope 6 of disclosure or discovery to certain matters; . . . 7 A court may, for good cause, issue a protective order to protect a party from 8 annoyance, embarrassment, oppression, or undue burden or expense. Fed. R. Civ. P. 9 26(c)(1). To obtain a protective order, the party seeking limitations in discovery has 10 the burden of proving good cause for its issuance, which requires a showing that 11 specific prejudice or harm will result if the protective order is not granted. Id.; see 12 also Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir.2003). If a 13 court finds particularized harm will result from disclosure of information to the public, 14 then it balances the public and private interests to decide whether a protective order 15 is necessary. See Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 16 1211 (9th Cir. 2002). In doing this balancing, courts consider whether disclosure will 17 violate any privacy interests, whether the information is being sought for a legitimate 18 or improper purpose, whether disclosure of the information will cause a party 19 embarrassment, whether confidentiality is being sought over information important 20 to public health and safety, whether the sharing of information among litigants will 21 promote fairness and efficiency, whether a party benefitting from the order of 22 confidentiality is a public entity or official, and whether the case involves issues 23 important to the public. In re Roman Catholic Archbishop of Portland in Oregon, 661 24 F.3d 417, 424 (9th Cir. 2011). Further, when discovery is sought from third parties, 25 a protective order may be more easily obtained. Dart Indus. Co., Inc. v. Westwood 26 Chem. Co., Inc, 649 F2d 646, 649 (9th Cir. 1980). 27 Good cause exists to enter a protective order in this case as the documents, 1 discovery are entitled to privileges and protections under the United States 2 Constitution, First Amendment, the California Constitution, Article I, Section 1, 3 California Penal Code sections 832.5, 832.7 and 832.8, California Evidence Code 4 sections 1040 and 1043 et. seq, the Privacy Act of 1974, 5 U.S.C. § 552, the Official 5 Information Privilege, the right to privacy, and information otherwise generally 6 unavailable to the public and protected from disclosure. 7 ii. Chief Moore’s Deposition 8 Plaintiff refused to stipulate to entry of the order, purporting to take issue with 9 the scope of the order and with limiting the use of the documents to the present action 10 alone. Additionally, Plaintiff is seeking the deposition of Chief Michel Moore, an 11 apex witness and named defendant in this matter. 12 The only claims brought by Plaintiff against Chief Moore are a cause of 13 action for supervisor liability causing constitutional violations and a Monell claim 14 alleging a custom, policy, or practice causing constitutional violations under under 15 42 U.S.C. § 1983. A public entity cannot be sued under § 1983 based on vicarious 16 liability for its employees. Monell v. Department of Social Service of the City of 17 New York, 436 U.S. 658, 694 (1978). Monell liability may attach when an employee 18 is acting pursuant to an expressly adopted official policy, longstanding practice or 19 custom, or as a final policymaker, or when a final policymaker ratified a 20 subordinate’s actions. Thomas v. Cty. of Riverside, 763 F.3d 1167, 1170 (9th Cir. 21 2014). A plaintiff cannot raise a Monell claim for municipal liability in the absence 22 of an underlying constitutional violation. City of Los Angeles v. Heller, 475 U.S. 23 796, 799 (1986). If a person has suffered no constitutional injury at the hands of an 24 individual police officer, the fact that the departmental regulations might 25 have authorized the use of constitutionally excessive force is quite beside the point. 26 Id. 27 Monell reasoned that recovery from a municipality is limited to acts that are, 1 has officially sanctioned or ordered. Pembaur v. City of Cincinnati, 475 U.S. 469, 2 480 (1986). A plaintiff must also demonstrate that, through its deliberate conduct, 3 the municipality was the moving force behind the injury alleged. Bd. of Cty. 4 Comm'rs of Bryan Cty., Okl. v. Brown, 520 U.S. 397, 397 (1997). That is, a plaintiff 5 must show that the municipal action was taken with the requisite degree of 6 culpability and must demonstrate a direct causal link between the municipal action 7 and the deprivation of federal rights. Id. 8 A Monell claim and a claim for supervisor liability must be predicated on a 9 specific constitutional violation directly caused by a formal government policy. 10 Absent a formal governmental policy, a plaintiff must show a longstanding practice 11 or custom which constitutes the standard operating procedure of the local 12 government entity. Trevino v. Gates, 99 F.3d 911, 918 (9th Cir. 1996), holding 13 modified by Navarro v. Block, 250 F.3d 729 (9th Cir. 2001). The custom must be so 14 persistent and widespread that it constitutes a permanent and well settled municipal 15 policy. Id. Liability for improper custom may not be predicated on isolated or 16 sporadic incidents; it must be founded upon practices of sufficient duration, 17 frequency, and consistency that the conduct has become a traditional method of 18 carrying out policy. Id. Plaintiffs make no attempt to cite a specific custom or policy 19 causing a specific constitutional violation. 20 The requirement that a Monell claim establish a direct causal link makes it 21 clear that a Monell claim is based on specific municipal action and a specific 22 constitutional violation. Since Plaintiff has failed to provide any factual or legal 23 basis for his desire to take Chief Moore’s deposition, Plaintiff is reduced to raising a 24 multitude of conclusory allegations to support their efforts. Plaintiff declares that 25 Chief Moore must answer to him on issues related to use of force, preventing 26 oversight of the LAPD and a purported failure to address an alleged pattern of 27 misconduct and use of force within the police department. 1 Chief Moore’s deposition, and Defendants’ request for a Protective Order from the 2 Court prohibiting the deposition of Chief Moore should be granted. 3 2. DEFINITIONS 4 2.1. Action: G. Ashley v. Michel Moore, et al.; 2:22-cv-04909-DMG 5 (KSx) 6 2.2 Challenging Party: Plaintiff, G. Ashley 7 2.3 “CONFIDENTIAL” Information or Items: information 8 (regardless of how it is generated, stored or maintained) or tangible things that qualify 9 for protection under Federal Rule of Civil Procedure 26(c), and as specified above in 10 the Good Cause Statement. 11 2.4 Designating Party: a Party or Non-Party that designates 12 information or items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL.” 14 2.5 Disclosure or Discovery Material: all items or information, 15 regardless of the medium or manner in which it is generated, stored, or maintained 16 (including, among other things, testimony, transcripts, and tangible things), that are 17 produced or generated in disclosures or responses to discovery in this matter. 18 2.6 Expert: a person with specialized knowledge or experience in a 19 matter pertinent to the litigation who has been retained by a Party or its counsel to 20 serve as an expert witness or as a consultant in this Action. 21 2.7 Non-Party: any natural person, partnership, corporation, 22 association, or other legal entity not named as a Party to this action. 23 2.8 Party: any party to this Action, including all of its officers, 24 directors, employees, consultants, retained experts, and Outside Counsel of Record 25 (and their support staffs). 26 2.9 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 1 designated as “CONFIDENTIAL.” 2 2.11 Receiving Party: a Party that receives Disclosure or Discovery 3 Material from a Producing Party. 4 3. SCOPE 5 The protections conferred by this Order cover not only Protected Material (as 6 defined above), 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 that 9 might reveal Protected Material; and (4) Chief Moore’s deposition. 10 Any use of Protected Material at trial shall be governed by the orders of the 11 trial judge. This Order does not govern the use of Protected Material at trial. 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order shall remain in effect until a Designating Party agrees 15 otherwise in writing or a court order otherwise directs. Final disposition shall be 16 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 17 or without prejudice; and (2) final judgment herein after the completion and 18 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 19 including the time limits for filing any motions or applications for extension of time 20 pursuant to applicable law. 21 Once a case proceeds to trial, all of the information that was designated as 22 confidential or maintained pursuant to this protective order becomes public and will 23 be presumptively available to all members of the public, including the press, unless 24 compelling reasons supported by specific factual findings to proceed otherwise are 25 made to the trial judge in advance of the trial. See Kamakana v. City and County of 26 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 27 showing for sealing documents produced in discovery from “compelling reasons” 1 terms of this protective order do not extend beyond the commencement of the trial. 2 5. DESIGNATING PROTECTED MATERIAL 3 5.1 Exercise of Restraint and Care in Designating Material for 4 Protection. Each Party or Non-Party that designates information or items for 5 protection under this Order must take care to limit any such designation to specific 6 material that qualifies under the appropriate standards. The Designating Party must 7 designate for protection only those parts of material, documents, items, or oral or 8 written communications that qualify so that other portions of the material, documents, 9 items, or communications for which protection is not warranted are not swept 10 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized 11 designations are prohibited. Designations that are shown to be clearly unjustified or 12 that have been made for an improper purpose (e.g., to unnecessarily encumber the 13 case development process or to impose unnecessary expenses and burdens on other 14 parties) may expose the Designating Party to sanctions. If it comes to a Designating 15 Party’s attention that information or items that it designated for protection do not 16 qualify for protection, that Designating Party must promptly notify all other Parties 17 that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise 19 provided in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery 20 Material that qualifies for protection under this Order must be clearly so designated 21 before the material is disclosed or produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic documents, 24 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 25 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 26 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 27 portion or portions of the material on a page qualifies for protection, the Producing 1 markings in the margins). 2 A Party or Non-Party that makes original documents available for inspection 3 need not designate them for protection until after the inspecting Party has indicated 4 which documents it would like copied and produced. During the inspection and before 5 the designation, all of the material made available for inspection shall be deemed 6 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 7 copied and produced, the Producing Party must determine which documents, or 8 portions thereof, qualify for protection under this Order. Then, before producing the 9 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 10 to each page that contains Protected Material. If only a portion or portions of the 11 material on a page qualifies for protection, the Producing Party also must clearly 12 identify the protected portion(s) (e.g., by making appropriate markings in the 13 margins). 14 (b) for testimony given in depositions that the Designating Party identify the 15 Disclosure or Discovery Material on the record, before the close of the deposition all 16 protected testimony. 17 (c) for information produced in some form other than documentary and for any 18 other tangible items, that the Producing Party affix in a prominent place on the exterior 19 of the container or containers in which the information is stored the legend 20 “CONFIDENTIAL.” If only a portion or portions of the information warrants 21 protection, the Producing Party, to the extent practicable, shall identify the protected 22 portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an 24 inadvertent failure to designate qualified information or items does not, standing 25 alone, waive the Designating Party’s right to secure protection under this Order for 26 such material. Upon timely correction of a designation, the Receiving Party must 27 make reasonable efforts to assure that the material is treated in accordance with the 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 To avoid ambiguity as to whether a challenge has been made, the written 8 notice must recite that the challenge to confidentiality is being made in accordance 9 with Paragraph IVVI of this Order. The Parties shall attempt to resolve each challenge 10 in good faith and must begin the process by conferring directly (in voice to voice 11 dialogue) within 10 days of the date of service of notice. In conferring, the 12 Challenging Party must explain the basis for its belief that the confidentiality 13 designation was not proper and must give the Designating Party an opportunity to 14 review the designated material, to reconsider the circumstances, and, if no change in 15 designation is offered, to explain the basis for the chosen designation. During the meet 16 and confer process, the Designating Party must state the bases for its objections to 17 each challenge on a document by document basis. A Challenging Party may proceed 18 to the next stage of the challenge process only if it has engaged in this meet and confer 19 process first or establishes that the Designating Party is unwilling to participate in the 20 meet and confer process in a timely manner. 21 6.3 The burden of persuasion in any such challenge proceeding shall 22 be on the Designating Party. Frivolous challenges, and those made for an improper 23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 24 may expose the Challenging Party to sanctions. Unless the Designating Party has 25 waived or withdrawn the confidentiality designation, all parties shall continue to 26 afford the material in question the level of protection to which it is entitled under the 27 Producing Party’s designation until the Court rules on the challenge. 1 without court intervention, the Challenging Party shall file a “Notice of Improper 2 Confidential Designation” with the Court (“Notice”). The Notice shall list the 3 challenged documents by Bates label (or other identifying label if no Bates label). The 4 Designating Patty shall file a “Motion to Maintain Confidentiality” within fourteen 5 (14) calendar days of the Notice, explaining why the documents should or should not 6 be de-designated. Failure by the Designating Party to make such a Motion within 14 7 days of the Notice shall automatically waive the confidentiality designation for each 8 challenged designation. The Challenging Party will then have fourteen (14) calendar 9 days to file a Response. There shall be no Reply absent leave of Court. Either party 10 may lodge but not file the challenged documents with the Court during this stage of 11 the challenge process. The burden of persuasion as to whether information is 12 confidential shall be on the Designating Party. 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. A Receiving Party may use Protected Material 15 that is disclosed or produced by another Party or by a Non-Party in connection with 16 this Action only for prosecuting, defending, or attempting to settle this Action. Such 17 Protected Material may be disclosed only to the categories of persons and under the 18 conditions described in this Order. When the Action has been terminated, a Receiving 19 Party must comply with the provisions of section XIII below (FINAL 20 DISPOSITION). Protected Material must be stored and maintained by a Receiving 21 Party at a location and in a secure manner that ensures that access is limited to the 22 persons authorized under this 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 26 “CONFIDENTIAL” only to: 27 a) the Receiving Party’s Outside Counsel of Record in this Action, as well 1 necessary to disclose the information for this Action; 2 b) the officers, directors, and employees (including House Counsel) of the 3 Receiving Party to whom disclosure is reasonably necessary for this Action; 4 c) Experts (as defined in this Order) of the Receiving Party to whom 5 disclosure is reasonably necessary for this Action and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 d) the court and its personnel; 8 e) court reporters and their staff; 9 f) professional jury or trial consultants, mock jurors, and Professional 10 Vendors to whom disclosure is reasonably necessary for this Action and who 11 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 g) the author or recipient of a document containing the information or a 13 custodian or other person who otherwise possessed or knew the information; 14 h) during their depositions, witnesses ,and attorneys for witnesses, in the 15 Action to whom disclosure is reasonably necessary provided: (1) the deposing 16 party requests that the witness sign the form attached as Exhibit 1A hereto; and 17 (2) they will not be permitted to keep any confidential information unless they 18 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 19 otherwise agreed by the Designating Party or ordered by the court. Pages of 20 transcribed deposition testimony or exhibits to depositions that reveal Protected 21 Material may be separately bound by the court reporter and may not be 22 disclosed to anyone except as permitted under this Protective Order; and 23 i) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 26 PRODUCED IN OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation 1 “CONFIDENTIAL,” that Party must: 2 a. promptly notify in writing the Designating Party. Such notification shall 3 include a copy of the subpoena or court order; 4 b. promptly notify in writing the party who caused the subpoena or order to 5 issue in the other litigation that some or all of the material covered by the 6 subpoena or order is subject to this Protective Order. Such notification shall 7 include a copy of this Protective Order; and 8 c. cooperate with respect to all reasonable procedures sought to be pursued by 9 the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with 11 the subpoena or court order shall not produce any information designated in this action 12 as “CONFIDENTIAL” before a determination by the court from which the subpoena 13 or order issued, unless the Party has obtained the Designating Party’s permission. The 14 Designating Party shall bear the burden and expense of seeking protection in that court 15 of its confidential material and nothing in these provisions should be construed as 16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 17 directive from another court. 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 a) The terms of this Order are applicable to information produced by a Non- 21 Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as prohibiting a Non-Party from seeking additional protections. 25 b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 1 (1) promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a 3 confidentiality agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Protective Order 5 in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the Non- 8 Party, if requested. 9 c) If the Non-Party fails to seek a protective order from this court within 10 14 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. Unauthorized Disclosure of Protected Material 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 19 Protected Material to any person or in any circumstance not authorized under this 20 Protective Order, the Receiving Party must immediately (a) notify in writing the 21 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 22 all unauthorized copies of the Protected Material, (c) inform the person or persons to 23 whom unauthorized disclosures were made of all the terms of this Order, and (d) 24 request such person or persons to execute the “Acknowledgment and Agreement to 25 Be Bound” that is attached hereto as Exhibit A. 26 11. Inadvertent Production of Privileged or Otherwise Protected Material 27 When a Producing Party gives notice to Receiving Parties that certain 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 prior 4 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 5 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 Protective Order submitted to the court. 8 12. MISCELLANEOUS 9 12.1 Right to Further Relief. Nothing in this Order abridges the right 10 of any person to seek its modification by the Court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of 12 this Protective Order nNo Party waives any right it otherwise would have to object 13 to disclosing or producing any information or item on any ground not addressed in 14 this Protective Order. Similarly, no Party waives any right to object on any ground 15 to use in evidence of any of the material covered by this Protective Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal 17 any Protected Material must comply with Civil Local Rule 79-5. Protected Material 18 may only be filed under seal pursuant to a court order authorizing the sealing of the 19 specific Protected Material at issue. If a Party’s request to file Protected Material 20 under seal is denied by the court, then the Receiving Party may file the information 21 in the public record unless otherwise instructed by the court. 22 13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in paragraph 4, within 60 24 days of a written request by the Designating Party, each Receiving Party must return 25 all Protected Material to the Producing Party or destroy such material. As used in this 26 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected 1 || must submit a written certification to the Producing Party (and, if not the same person 2 ||or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 3 || category, where appropriate) all the Protected Material that was returned or destroyed 4|\|and (2) affirms that the Receiving Party has not retained any copies, abstracts, 5 || compilations, summaries or any other format reproducing or capturing any of the 6 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 7\|archival copy of all pleadings, motion papers, trial, deposition, and hearing 8 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 9 || reports, attorney work product, and consultant and expert work product, even if such 10 || materials contain Protected Material. Any such archival copies that contain or 11 || constitute Protected Material remain subject to this Protective Order as set forth in 12 || Section 4 (DURATION). 3 13 Any violation of this Order may be punished by any and all appropriate 14 || measures including, without limitation, contempt proceedings and/or monetary 15 || sanctions. 16||DATED: June 21, 2023 17 18 Fite LAs, 19 CHIEF MAGISTRATE JUDGE KAREN L. STEVENSON 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on __________ in the case of G. Ashley v. Michel Moore, et al.; 2:22- 8 cv-04909-DMG (KSx). I agree to comply with and to be bound by all the terms 9 of this Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Protective Order to any person or 13 entity except in strict compliance with the provisions of this Order. I further 14 agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this 16 Protective Order, even if such enforcement proceedings occur after termination 17 of this action. I hereby appoint __________________________ [print or type 18 full name] of _______________________________________ [print or type full 19 address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 26