Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 1 of 20 Page ID #:1502
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA 10 11 I.M., a minor, by and through her ) CASE NO: 2:20-cv-11174 FMO Guardian Ad Litem, EDWARD TAPIA, 12 EDWARD TAPIA, CHERYL TAPIA- ) (JEMx) RUFENER and BRIANNA PALOMINO, ) 13 Individually and as Successors-In-Interest ) to Decedent, EDWARD BRONSTEIN, FIRST AMENDED 14 ) Plaintiffs, ) STIPULATION RE: 15 vs. ) PROTECTIVE ORDER 16 ) DOE CHP OFFICERS 1-10, and DOES ) 17 11-20, Inclusive, )
18 Defendants. ) ) 19 E.W. and L.W., Minors, by and through ) their Guardian Ad Litem, AUNDREA 20 CHERYL ROSA WAGNER, Individually ) and as Successors-In-Interest to Decedent, ) 21 EDWARD BRONSTEIN )
22 Plaintiffs, ) ) 23 vs. )
24 ) STATE OF CALIFORNIA, a public entity; ) 25 CALIFORNIA HIGHWAY PATROL, a ) public entity; DOE CHP OFFICERS 1-10, 26 AND DOES 11-20, inclusive, ) ) 27 Defendants. ) 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 1- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 2 of 20 Page ID #:1503
1 Plaintiffs I.M., a minor, by and through her Guardian Ad Litem, EDWARD 2 TAPIA, EDWARD TAPIA, CHERYL TAPIA-RUFENER and BRIANNA 3 PALOMINO, E.W., a minor, by and through her Guardian Ad litem Aundrea 4 Cheryl Rosa Wagner, L.W., a minor, by and through his Guardian Ad Litem 5 Aundrea Cheryl Rosa Wagner, Individually and as Successors-In-Interest to 6 Decedent, EDWARD BRONSTEIN, and Defendants STATE OF CALIFORNIA, 7 ACTING BY AND THROUGH THE CALIFORNIA HIGHWAY PATROL, a 8 public entity, DUSTY OSMANSON, CHRISTOPHER SANCHEZ-ROMERO, 9 ERIC VOSS, MARCIEL TERRY, DIONISIO FIORELLA, CARLOS 10 VILLANUEVA, DIEGO ROMERO, JUSTIN SILVA, DARREN PARSONS, 11 MICHAEL LITTLE, (collectively “CHP DEFENDANTS”) and ARBI 12 BAGHALIAN and VITAL MEDICAL SERVICES, LLC, (collectively the 13 “VITAL DEFENDANTS”) by and through their respective counsel, hereby 14 stipulate and agree as follows: 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 18 disclosure and from use for any purpose other than prosecuting this litigation may 19 be warranted. 20 Accordingly, the parties hereby stipulate to and petition the Court to enter 21 the following Stipulated Protective Order. The parties acknowledge that this Order 22 does not confer blanket protections on all disclosures or responses to discovery 23 and that the protection it affords from public disclosure and use extends only to 24 the limited information or items that are entitled to confidential treatment under 25 the applicable legal principles. 26 The parties further acknowledge, as set forth in Section 12.3, below, that 27 this Stipulated Protective Order does not automatically entitle them to file 28 confidential information under seal and that Local Civil Rule 79-5 sets forth the ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 2- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 3 of 20 Page ID #:1504
1 procedures that must be followed and the standards that will be applied when a 2 party seeks permission from the Court to file material under seal. The parties 3 agree that this protective order does not waive the parties’ rights to object to 4 discovery demands or requests for documents and/or information. 5 6 B. GOOD CAUSE STATEMENT 7 The CHP DEFENDANTS, may be producing documents concerning 8 confidential internal policies, which documents are generally unavailable to the 9 public. The disclosure of this information may jeopardize the security of the 10 State’s operations, and jeopardize the safety of peace officers. The CHP 11 DEFENDANTS may also be producing documents that contain personal and 12 confidential information regarding individuals which information is generally 13 unavailable to the public, including peace officer personnel records. The 14 disclosure of this information to the public may violate those individuals’ privacy 15 rights. The CHP DEFENDANTS may also be producing video, audio and still 16 photo images related to the traffic stop or the death at issue in this Action, which 17 is generally unavailable to the public. Additionally, the CHP DEFENDANTS may 18 be producing investigation reports, which are generally unavailable to the public, 19 the disclosure of which could violate individuals’ privacy rights and jeopardize 20 the safety of officers. Accordingly, to expedite the flow of information, to 21 facilitate the prompt resolution of disputes over confidentiality of discovery 22 materials, to adequately protect information the parties are entitled to keep 23 confidential, to ensure that the parties are permitted reasonable necessary uses of 24 such material in preparation for and in the conduct of trial, to address their 25 handling at the end of the litigation, and serve the ends of justice, a protective 26 order for such information is justified in this matter. It is the intent of the parties 27 that information will not be designated as confidential for tactical reasons and that 28 nothing be so designated without a good faith belief that it has been maintained in ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 3- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 4 of 20 Page ID #:1505
1 a confidential, non-public manner, and there is good cause why it should not be 2 part of the public record of this case. 3 In addition, the VITAL DEFENDANTS, may be producing documents 4 concerning confidential internal policies and proprietary information, which 5 documents are generally unavailable to the public. The disclosure of this 6 information may jeopardize the operations of the VITAL MEDICAL SERVICES, 7 LLC. The VITAL DEFENDANTS may also be producing documents that contain 8 personal and confidential information regarding individuals which information is 9 generally unavailable to the public, including personnel and medical records. The 10 disclosure of this information to the public may violate those individuals’ privacy 11 rights. The VITAL DEFENDANTS may also be producing video, audio and still 12 photo images related to the death at issue in this Action, which is generally 13 unavailable to the public. Additionally, the VITAL DEFENDANTS may be 14 producing reports, medical information, and data, which are generally unavailable 15 to the public. Accordingly, to expedite the flow of information, to facilitate the 16 prompt resolution of disputes over confidentiality of discovery materials, to 17 adequately protect information the parties are entitled to keep confidential, to 18 ensure that the parties are permitted reasonable necessary uses of such material in 19 preparation for and in the conduct of trial, to address their handling at the end of 20 the litigation, and serve the ends of justice, a protective order for such information 21 is justified in this matter. It is the intent of the parties that information will not be 22 designated as confidential for tactical reasons and that nothing be so designated 23 without a good faith belief that it has been maintained in a confidential, non- 24 public manner, and there is good cause why it should not be part of the public 25 record of this case. 26 2. DEFINITIONS 27 2.1 Action: I.M., et al. v. State of California, et al. Case No. 2:20-cv- 28 11174 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 4- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 5 of 20 Page ID #:1506
1 2.2 Challenging Party: A Party or Non-Party that challenges the 2 designation of information or items under this Order. 3 2.3 “CONFIDENTIAL” Information or Items: Information 4 (regardless of how it is generated, stored or maintained) or tangible things that 5 qualify for protection under Federal Rule of Civil Procedure 26(c), and as 6 specified above in the Good Cause Statement. This also includes: (1) any 7 information copied or extracted from the Confidential Information; (2) all copies, 8 excerpts, summaries, abstracts or compilations of Confidential Information; and 9 (3) any testimony, conversations, or presentations that might reveal Confidential 10 Information. 11 2.4 Counsel: Counsel of record for the parties to this civil litigation and 12 their support staff. 13 2.5 Designating Party: A Party or Non-Party that designates information 14 or items that it produces in disclosures, in responses to discovery, or pursuant to 15 court order as “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: All items or information, 17 regardless of the medium or manner in which it is generated, stored, or maintained 18 (including, among other things, testimony, transcripts, and tangible things), that 19 are produced or generated in disclosures or responses to discovery in this matter. 20 2.7 Expert: A person with specialized knowledge or experience in a 21 matter pertinent to the litigation who has been retained by a Party or its counsel to 22 serve as an expert witness, or as a consultant in this Action. 23 2.8 Final Disposition: Final disposition shall be deemed to be the later 24 of (1) dismissal of all claims and defenses in this Action, with or without 25 prejudice; or (2) final judgment herein after the completion and exhaustion of all 26 appeals, rehearings, remands, trials, or reviews of this Action, including the time 27 limits for filing any motions or applications for extension of time pursuant to 28 applicable law. ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 5- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 6 of 20 Page ID #:1507
1 2.9 House Counsel: Attorneys other than Counsel (as defined in 2 paragraph 2.4) and who are employees of a party to this Action. 3 2.10 Non-Party: Any natural person, partnership, corporation, association 4 or other legal entity not named as a Party to this action. 5 2.11 Outside Counsel of Record: Attorneys who are not employees of a 6 party to this Action but are retained to represent or advise a party to this Action 7 and have appeared in this Action on behalf of that party or are affiliated with a law 8 firm that has appeared on behalf of that party, and includes support staff. 9 2.12 Party: Any party to this Action, including all of its officers, 10 directors, boards, departments, divisions, employees, consultants, retained experts, 11 and Outside Counsel of Record and their support staffs. 12 2.13 Producing Party: A Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 2.14 Professional Vendors: Persons or entities that provide litigation 15 support services (e.g., photocopying, videotaping, translating, preparing exhibits 16 or demonstrations, and organizing, storing, or retrieving data in any form or 17 medium) and their employees and subcontractors. 18 2.15 Protected Material: Any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 2.16 Receiving Party: A Party that receives Disclosure or Discovery 21 Material from a Producing Party. 22 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material, as defined above, but also: (1) any information copied or 26 extracted from Protected Material; (2) all copies, excerpts, abstracts, summaries, 27 or compilations of Protected Material; and (3) any deposition testimony, 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 6- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 7 of 20 Page ID #:1508
1 conversations, or presentations by Parties or their Counsel that might reveal 2 Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the 4 trial judge. This Order does not govern the use of Protected Material at trial. 5 6 4. DURATION 7 Once a trial commences in this Action, and subject to any court order 8 stating otherwise, information that was designated as CONFIDENTIAL or 9 maintained pursuant to this protective order, and admitted at trial becomes public 10 and will be presumptively available to all members of the public, including the 11 press, unless compelling reasons supported by specific factual findings to proceed 12 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 13 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 14 “good cause” showing for sealing documents produced in discovery from 15 “compelling reasons” standard when merits-related documents are part of court 16 record). Accordingly, the terms of this protective order do not extend beyond the 17 commencement of the trial as to the CONFIDENTIAL information and materials 18 admitted as an exhibit at trial. As to all other information designated as 19 CONFIDENTIAL, even after the FINAL DISPOSITION of this litigation, the 20 confidentiality obligations imposed by this protective order shall remain in effect 21 even after FINAL DISPOSITION of this litigation as defined in Section 2.8, until 22 a Designating Party agrees otherwise in writing or a court otherwise directs. 23 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for 26 Protection. 27 Each Party or Non-Party that designates information or items for protection 28 under this Order must take care to limit any such designation to specific material ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 7- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 8 of 20 Page ID #:1509
1 that qualifies under the appropriate standards. The Designating Party must 2 designate for protection only those parts of material, documents, items or oral or 3 written communications that qualify so that other portions of the material, 4 documents, items or communications for which protection is not warranted are not 5 swept unjustifiably within the ambit of this Order. 6 Mass, indiscriminate or routinized designations are prohibited. Designations 7 that are shown to be clearly unjustified or that have been made for an improper 8 purpose (e.g., to unnecessarily encumber the case development process or to 9 impose unnecessary expenses and burdens on other parties) may expose the 10 Designating Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that 12 it designated for protection do not qualify for protection that Designating Party 13 must promptly notify all other Parties that it is withdrawing the inapplicable 14 designation. 15 5.2 Manner and Timing of Designations. Except as otherwise 16 provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 17 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 18 for protection under this Order must be clearly so designated before the material is 19 disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” or words of a similar effect, and that includes the case name 25 and case number (hereinafter “CONFIDENTIAL legend”), to each page that 26 contains protected material. If only a portion of the material on a page qualifies 27 for protection, the Producing Party also must clearly identify the protected 28 portion(s) (e.g., by making appropriate markings in the margins). ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 8- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 9 of 20 Page ID #:1510
1 A Party or Non-Party that makes original documents available for 2 inspection need not designate them for protection until after the inspecting Party 3 has indicated which documents it would like copied and produced. During the 4 inspection and before the designation, all of the material made available for 5 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 6 identified the documents it wants copied and produced, the Producing Party must 7 determine which documents, or portions thereof, qualify for protection under this 8 Order. Then, before producing the specified documents, the Producing Party must 9 affix the “CONFIDENTIAL legend” to each page that contains Protected 10 Material. If only a portion of the material on a page qualifies for protection, the 11 Producing Party also must clearly identify the protected portion(s), e.g., by 12 making appropriate markings in the margins. 13 (b) for testimony given in depositions that the Designating Party identifies 14 the Disclosure or Discovery Material on the record, before the close of the 15 deposition all protected testimony. 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on 18 the exterior of the container or containers in which the information is stored the 19 legend “CONFIDENTIAL.” If only a portion or portions of the information 20 warrants protection, the Producing Party, to the extent practicable, shall identify 21 the protected portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an 23 inadvertent failure to designate qualified information or items does not, standing 24 alone, waive the Designating Party’s right to secure protection under this Order 25 for such material. Upon timely correction of a designation, the Receiving Party 26 must make reasonable efforts to assure that the material is treated in accordance 27 with the provisions of this Order. 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 9- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 10 of 20 Page ID #:1511
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 6.3 The burden of persuasion in any such challenge proceeding shall be 8 on the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that 18 is disclosed or produced by another Party or by a Non-Party in connection with 19 this Action only for prosecuting, defending or attempting to settle this Action. 20 Such Protected Material may be disclosed only to the categories of persons and 21 under the conditions described in this Order. When the Action has been 22 terminated, a Receiving Party must comply with the provisions of Section 13 23 below (FINAL DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 28 otherwise ordered by the court or permitted in writing by the Designating Party, a ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 10- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 11 of 20 Page ID #:1512
1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Counsel of Record in this Action, as well as 4 employees of said Counsel of Record to whom it is reasonably necessary to 5 prosecute or defend this Action; 6 (b) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary to prosecute or defend this Action, and who 8 have signed the “Acknowledgment and Agreement to Be Bound” (Ex. A); 9 (c) the court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Ex. A); 14 (g) the author or recipient of a document containing the information, or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) witnesses and attorneys for witnesses during their depositions, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing 18 party requests that the witness sign the form attached as Exhibit “A” hereto; and 19 (2) they will not be permitted to keep any confidential information unless they 20 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit “A”), unless 21 otherwise agreed by the Designating Party or ordered by the court. Pages of 22 transcribed deposition testimony or exhibits to depositions that reveal Protected 23 Material may be separately bound by the court reporter, and may not be disclosed 24 to anyone, except as permitted under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions and 27 who have signed the “Acknowledgment and Agreement to Be Bound” (Ex. A). 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 11- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 12 of 20 Page ID #:1513
1 7.3. Counsel making the disclosure to any qualified person described 2 herein shall retain the original executed copy of the Nondisclosure Agreement 3 until sixty (60) days after this litigation has become final, including any appellate 4 review, and monitoring of an injunction. Counsel for the Receiving Party shall 5 maintain all signed Nondisclosure Agreements and shall produce the original or 6 electronic signature page upon reasonable written notice from opposing counsel. 7 If an issue arises regarding a purported unauthorized disclosure of Confidential 8 Information, upon noticed motion of contempt filed by the Designating Party, 9 counsel for the Receiving Party may be required to file the signed Nondisclosure 10 Agreements, as well as a list of the disclosed materials, in camera with the Court 11 having jurisdiction of the Stipulation. 12 7.4 Certain Court Orders 13 On November 24, 2021, Plaintiffs in this action filed a Motion To Release 14 Videos From the Court’s Protective Order [DOC #56]. Through the Motion, 15 Plaintiffs sought the release of videos of the incident to the public, including 16 certain videos taken by Sergeant Michael Little of the CHP. On January 7, 2022, 17 United States District Magistrate Judge John E. McDermott, issued an order 18 (DOC #83) granting Plaintiffs’ Motion for the public release of the videos of the 19 incident on March 15, 2022, particularly the videos taken by Sergeant Little. 20 Subsequent efforts to stay and rescind the January 7, 2022 order (DOC #83) were 21 denied by the Court. As a result of the January 7, 2022 order (DOC #83), the 22 videos of the incident taken by Sergeant Michael Little are no longer within the 23 scope of this stipulation and order and have been released to the public. 24 Should there be further production of videos related to the incident through 25 discovery or other processes, the parties shall meet and confer to determine if the 26 newly produced videos are within the scope of the January 7, 2022 Order (Doc 27 #83) prior to any public release of those materials. Should the parties continue to 28 have disagreement regarding the confidentiality of further produced videos, the ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 12- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 13 of 20 Page ID #:1514
1 parties shall proceed in accordance with the procedures under Section 6 above 2 regarding CHALLENGING CONFIDENTIALITY DESIGNATIONS. 3 4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 PRODUCED IN OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other 7 litigation that compels disclosure of any information or items designated in this 8 Action as “CONFIDENTIAL,” that Party must: 9 (a) promptly notify in writing the Designating Party. Such notification shall 10 include a copy of the subpoena or court order; 11 (b) promptly notify in writing the party who caused the subpoena or order 12 to issue in the other litigation that some or all of the material covered by the 13 subpoena or order is subject to this Protective Order. Such notification shall 14 include a copy of this Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be pursued 16 by the Designating Party whose Protected Material may be affected. 17 The Party served with the subpoena or court order shall not produce any 18 information designated in this action as “CONFIDENTIAL”, unless the Party has 19 obtained the Designating Party’s permission or an order from the court from 20 which the subpoena or order issued. Nothing in these provisions should be 21 construed as authorizing or encouraging a Receiving Party in this Action to 22 disobey a lawful directive from another court. 23 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 PRODUCED IN THIS LITIGATION 26 (a) The terms of this Order are applicable to information produced by a 27 Non- Party in this Action and designated as “CONFIDENTIAL.” Such 28 information produced by Non-Parties in connection with this litigation is protected ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 13- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 14 of 20 Page ID #:1515
1 by the remedies and relief provided by this Order. Nothing in these provisions 2 should be construed as prohibiting a Non-Party from seeking additional 3 protections. 4 (b) In the event that a Party is required, by a valid discovery request, to 5 produce a Non-Party’s confidential information in its possession, and the Party is 6 subject to an agreement with the Non-Party not to produce the Non-Party’s 7 confidential information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non- 9 Party that some or all of the information requested is subject to a 10 confidentiality agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and 13 a reasonably specific description of the information requested; and 14 (3) make the information requested available for inspection by the 15 Non-Party, if requested. 16 (c) If the Non-Party fails to seek a protective order from this court within 14 17 days of receiving the notice and accompanying information, the Receiving Party 18 may produce the Non-Party’s confidential information responsive to the discovery 19 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 20 not produce any information in its possession or control that is subject to the 21 confidentiality agreement with the Non-Party before a determination by the court. 22 Absent a court order to the contrary, the Non-Party shall bear the burden and 23 expense of seeking protection in this court of its Protected Material. 24 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has 27 disclosed Protected Material to any person or in any circumstance not authorized 28 under this Stipulated Protective Order, the Receiving Party must immediately: (a) ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 14- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 15 of 20 Page ID #:1516
1 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 2 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 3 inform the person or persons to whom unauthorized disclosures were made of all 4 the terms of this Order, and (d) confer with the Designating Party on a resolution 5 to recall the inadvertent disclosure and determine if executing the 6 “Acknowledgment and Agreement to Be Bound” is sufficient. 7 8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 9 OTHERWISE PROTECTED MATERIAL 10 When a Producing Party gives notice to Receiving Parties that certain 11 inadvertently produced material is subject to a claim of privilege or other 12 protection, the obligations of the Receiving Parties are those set forth in Fed. R. C. 13 P. 26(b)(5)(B). This provision is not intended to modify whatever procedure may 14 be established in an e-discovery order that provides for production without prior 15 privilege review. Pursuant to Fed. R. Evid. 502(d) and (e), insofar as the parties 16 reach an agreement on the effect of disclosure of a communication or information 17 covered by the attorney-client privilege or work product doctrine, the parties may 18 incorporate their agreement in the stipulated protective order submitted to the 19 court. 20 21 12. MISCELLANEOUS 22 12.1 Right to Further Relief. Nothing in this Order abridges the right of 23 any person to seek its modification by the Court in the future. 24 12.2 Right to Assert Other Objections. By stipulating to the entry of this 25 Protective Order, no Party waives any right it otherwise would have to object to 26 disclosing or producing any information or item on any ground not addressed in 27 this Stipulated Protective Order. Similarly, no Party waives any right to object on 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 15- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 16 of 20 Page ID #:1517
1 any ground to use in evidence of any of the material covered by this Protective 2 Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with L.R. 79-5. Protected Material may only be 5 filed under seal pursuant to a court order authorizing the sealing of the specific 6 Protected Material at issue. If a Party’s request to file Protected Material under 7 seal is denied by the court, then the Receiving Party may file the information in 8 the public record unless otherwise instructed by the court. 9 10 13. FINAL DISPOSITION 11 After the FINAL DISPOSITION of this Action, as defined in Section 2.8, 12 within 30 days of a written request by the Designating Party, each Receiving Party 13 must return all Protected Material to the Producing Party. As used in this 14 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected 16 Material. The Receiving Party must submit a written certification to the Producing 17 Party (and, if not the same person or entity, to the Designating Party) by the 30- 18 day deadline that: (1) identifies (by category, where appropriate) all the Protected 19 Material that was returned and (2) affirms that the Receiving Party has not 20 retained any copies, abstracts, compilations, summaries or any other format 21 reproducing or capturing any of the Protected Material. 22 23 14. VIOLATION 24 Any violation of this Order may be punished by appropriate measures 25 including, without limitation, contempt proceedings and/or monetary sanctions, 26 following a written motion and court order. 27 // 28 // ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 16- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 17 of 20 Page ID #:1518
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 Dated: May 26, 2022 CARRILLO LAW FIRM, LLP 3 4 __/s/ J. Miguel Flores________________ 5 MICHAEL S. CARRILLO 6 J. MIGUEL FLORES ATTORNEYS FOR PLAINTIFFS I.M., A 7 MINOR, BY AND THROUGH HER 8 GUARDIAN AD LITEM, EDWARD TAPIA, EDWARD TAPIA, CHERYL 9 TAPIA-RUFENER AND BRIANNA 10 PALOMINO
11 12 13 Dated: May 26, 2022 LAW OFFICES OF ANNEE DELLA DONNA 14
15 By: ___/s/_ Annee Della Donna______ 16 ANNEE DELLA DONNA, ATTORNEYS FOR PLAINTIFFS E.W. & 17 L.W., MINORS, ET AL. 18
19 20 Dated: May 26, 2022 DUBIN LAW FIRM 21 22 By: _____/s/ Eric J. Dubin_____________ 23 ERIC J. DUBIN, 24 ATTORNEYS FOR PLAINTIFFS E.W. & L.W., MINORS, ET AL. 25 26
28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 17- Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 18 of 20 Page ID #:1519
Dated: May 26, 2022 FARNELL & NORMAN 1
2 By: ___/s/ Ronald E. Norman ________ 3 RONALD E. NORMAN, 4 ATTORNEYS FOR PLAINTIFFS E.W. & L.W., MINORS, ET AL. 5
7 Dated: May 26, 2022 DEPARTMENT OF JUSTICE, ATTORNEY 8 GENERAL’S OFFICE
10 ___/s/ Shirley R. Sullinger_________ SHIRLEY R. SULLINGER 11 BETTY CHU-FUJITA 12 DEPUTY ATTORNEYS GENERAL ATTORNEYS FOR CHP DEFENDANTS 13
14 Dated: May 26, 2022 CARROLL, KELLY, TROTTER & 15 FRANZEN 16 ___/s/ Timothy Schuler____________ 17 JOHN C. KELLY 18 GABRIEL M. IRWIN TIMOTHY SCHULER 19 ATTORNEYS FOR THIRD-PARTY 20 DEFENDANTS VITAL HEALTH 21 MEDICAL SERVICES, INC. AND ARBI BAGHALIAN, R.N. 22 23
24 25
26 27 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 18- ase 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page19o0f20 Page| #:1520
1 Pursuant to local 5-4.3.4, I, J. Miguel Flores, attest that Annee Della Donna, 2 \|Eric J. Dubin, Ronald E. Norman, Shirley R. Sullinger and Timothy Schuler concur with the content of this Stipulation for a Protective Order and have s |jauthorized the filing of the same. 7 Dated: May 26, 2022 CARRILLO LAW FIRM, LLP ? __/s/ J. Miguel Flores 10 MICHAEL S. CARRILLO J. MIGUEL FLORES i ATTORNEY FOR PLAINTIFFS 12 13 14 13 IT IS SO ORDERED.
16 7 MWebe Dated: 5/27/22 By: 18 ED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28
FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER -19-
Case 2:20-cv-11174-FMO-JEM Document 134 Filed 05/27/22 Page 20 of 20 Page ID #:1521
EXHIBIT A 1 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ______________________________________[print or type full name], 4 of _________________________________ [print or type full address], declare 5 under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on _____________ in the case of I.M., et al. v. 8 State of California, et al., United States District Court Case No. 2:20-cv-11174. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose 11 me to sanctions and punishment in the nature of contempt. I solemnly promise that 12 I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance 13 with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the terms 16 of this Stipulated Protective Order, even if such enforcement proceedings occur 17 after termination of this action. I hereby appoint __________________________ 18 [print or type full name] of _______________________________________ 19 [print or type full address and telephone number] as my California agent for 20 service of process in connection with this action or any proceedings related to 21 enforcement of this Stipulated 22 Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: _________________________________ 27 28 ____________________________________________________________________________________ FIRST AMENDED STIPULATION RE: [PROPOSED] PROTECTIVE ORDER - 20-