Joseph Gatt v. George Gascon

• Court: District Court, C.D. California
• Decided: December 16, 2024
• Docket: 2:24-cv-02740
• Status: Unknown

Opinion

11 PILLSBURY WINTHROP SHAW PITTMAN LLP RONALD L. CHENG (SBN 138892) 22 Ronald.Cheng@pillsburylaw.com PHILIP HE (SBN 322811) 33 Philip.He@pillsburylaw.com 725 South Figueroa Street, 36th Floor 44 Los Angeles, CA 90017-5524 Telephone: 213.488.7100 55 Facsimile: 213.629.1033

66 Attorneys for Defendants LOS ANGELES COUNTY, 77 GEORGE GASCÓN, and ANGELA BRUNSON 88

99 UNITED STATES DISTRICT COURT 1100 CENTRAL DISTRICT OF CALIFORNIA 1111

1122 JOSEPH GATT, Case No. 2:24-cv-02740-FLA-AGR

1133 Plaintiff, STIPULATION AND 1144 PROTECTIVE ORDER RE: vs. DISCLOSURE OF CONFIDENTIAL 1155 GEORGE GASCÓN, INFORMATION 1166 LOS ANGELES COUNTY, 1177 ANGELA BRUNSON, DENOS AMARANTOS, 1188 THE CITY OF LOS ANGELES, and 1199 DOES 1-10, Defendants. 2200 2211 2222

2233 2244 2255 2266 2277 11 1. A. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 33 proprietary, or private information for which special protection from public disclosure 44 and from use for any purpose other than prosecuting and/or defending this litigation 55 may be warranted. Accordingly, Plaintiff Joseph Gatt (“Plaintiff” or “Gatt”) and 66 Defendants George Gascón, Los Angeles County, Angela Brunson, City of Los 77 Angeles, and Denos Amarantos (collectively “Defendants”) (Plaintiff and Defendants 88 are collectively referred to as the Parties and separately referred to as a Party) hereby 99 stipulate to and petition the Court to enter the following Stipulated Protective Order. 1100 The Parties acknowledge that this Order does not confer blanket protections on all 1111 disclosures or responses to discovery and that the protection it affords from public 1122 disclosure and use extends only to the limited information or items that are entitled to 1133 confidential treatment under the applicable legal principles. The Parties further 1144 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order 1155 does not entitle them to file confidential information under seal; Central District Civil 1166 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 1177 will be applied when a party seeks permission from the court to file material under seal. 1188 B. GOOD CAUSE STATEMENT 1199 This action is likely to involve personally identifiable information, personally 2200 sensitive information, including personnel files, material generated during criminal 2211 investigations, personal communications involving minors, sexually explicit 2222 communications, and other information for which special protection from public 2233 disclosure and from use for any purpose other than prosecution and/or defense of this 2244 Action is warranted. Such confidential information, including confidential personal and 2255 financial information, information regarding confidential criminal investigations, or 2266 other confidential information (including information implicating privacy rights of the 2277 Parties and third parties), is information otherwise generally unavailable to the public, 11 statutes, court rules, case decisions, or common law. 22 In addition, this action involves materials and information that Defendant the 33 City of Los Angeles et al. (“City”) claims it maintains as confidential, such as 44 personnel files of the police officers involved in this incident, Internal Affairs 55 materials and information, video recordings (including Body-Worn Video recordings 66 and Digital In-Car Video recordings), audio recordings, and information and other 77 administrative materials and information currently in the possession of the City and 88 which the City believes need special protection from public disclosure and from use 99 for any purpose other than prosecuting this litigation, as well as information contained 1100 in the personnel files of the police officers involved in the subject incident, which the 1111 City claims it maintains as strictly confidential and which the City believes need 1122 special protection from public disclosure and from use for any purpose other than 1133 prosecuting this litigation. 1144 The City claims that the confidentiality of the materials and information at issue 1155 here is recognized by California and federal law, as evidenced inter alia by California 1166 Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal., 511 F.2d 1177 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City claims that it has not 1188 publicly released the materials and information referenced above except under 1199 protective order or pursuant to a court order, if at all. The City also claims that these 2200 materials and information are of the type that has been used to initiate disciplinary 2211 action against Los Angeles Police Department (“LAPD”) officers, and has been used as 2222 evidence in disciplinary proceedings, where the officers’ conduct was considered to be 2233 contrary to LAPD policy. 2244 The City claims that absent a protective order delineating the responsibilities of 2255 nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 2266 and undue disclosure, as well as the corollary risk of embarrassment, harassment and 2277 professional and legal harm on the part of the LAPD officers referenced in the materials 11 The City also claims that the unfettered disclosure of the materials and 22 information, absent a protective order, would allow the media to share this information 33 with potential jurors in the area, impacting the rights of the City herein to receive a fair 44 trial. 55 Accordingly, to expedite the flow of information, to facilitate the prompt 66 resolution of disputes over confidentiality of discovery materials, to adequately protect 77 information the Parties are entitled to keep confidential, to ensure that the Parties are 88 permitted reasonable necessary use of such material in preparation for and in the 99 conduct of trial, to address the handling of such material at the end of the litigation, and 1100 to serve the ends of justice, a protective order for such information is justified in this 1111 matter. It is the intent of the Parties that information will not be designated as 1122 confidential for tactical reasons and that nothing be so designated without a good faith 1133 belief that it has been maintained in a confidential, non-public manner, and there is good 1144 cause why it should not be part of the public record of this case. 1155 2. DEFINITIONS 1166 2.1 Action: This action, Joseph Gatt v. George Gascón, et al., Case No. 2:24- 1177 cv-02740-FLA-AGR (U.S. Dist. Court, C.D. Cal.). 1188 2.2 Challenging Party: A Party or Non-Party that challenges the designation 1199 of information or items under this Order. 2200 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 2211 it is generated, stored or maintained) or tangible things that qualify for protection under 2222 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 2233 Statement. 2244 2.4 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or 2255 Items: information (regardless of how it is generated, stored or maintained) or tangible 2266 things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as 2277 specified above in the Good Cause Statement, and that the Designating Party believes 11 information of a high degree of sensitivity that, if disclosed to a Party, could result in 22 significant harm to the designating Party or a third party. For purposes of clarity, no 33 information or tangible things shall be designated as “CONFIDENTIAL— 44 ATTORNEYS’ EYES ONLY” if Plaintiff prepared it, or previously sent or received it. 55 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 66 support staff). 77 2.6 Designating Party: A Party or Non-Party that designates information or 88 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL 99 or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 1100 2.7 Disclosure or Discovery Material: All items or information, regardless of 1111 the medium or manner in which it is generated, stored, or maintained (including, among 1122 other things, testimony, transcripts, and tangible things), that are produced or generated 1133 in disclosures, in deposition or other testimony or responses to discovery in this matter. 1144 2.8 Expert: A person with specialized knowledge or experience in a matter 1155 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 1166 expert witness or as a consultant in this Action. 1177 2.9 Non-Party: Any natural person, partnership, corporation, association, or 1188 other legal entity not named as a Party to this action. 1199 2.10 Outside Counsel of Record: Attorneys who are not employees of a party 2200 to this Action but are retained to represent or advise a Party to this Action and have 2211 appeared in this Action on behalf of that Party or are affiliated with a law firm which 2222 has appeared on behalf of that Party, and includes support staff. 2233 2.11 Party: Any Party to this Action, including all of its officers, directors, 2244 employees, and Outside Counsel of Record (and their support staff). 2255 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 2266 Discovery Material in this Action. 2277 2.13 Professional Vendors: Persons or entities that provide litigation support 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 22 their employees and subcontractors. 33 2.14 Protected Material: Any Disclosure or Discovery Material that is 44 designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 55 ONLY.” 66 2.15 Receiving Party: A Party that receives Disclosure or Discovery Material 77 from a Producing Party. 88 3. SCOPE 99 The protections conferred by this Stipulated Protective Order cover not only 1100 Protected Material (as defined above), but also (1) any information copied or extracted 1111 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 1122 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 1133 their Counsel that might reveal Protected Material. 1144 Any use of Protected Material at trial shall be governed by the orders of the trial 1155 judge. This Order does not govern the use of Protected Material at trial. 1166 4. DURATION 1177 Within 45 days after the conclusion of this Action as to any defendant (defined 1188 as the point at which final orders disposing of the entire case as to any defendant have 1199 been entered, or the time at which all trial and appellate proceedings have been 2200 exhausted as to any defendant), that defendant, that defendant’s attorneys, and any 2211 Professional Vendor or Expert of that defendant or any other person or entity retained 2222 by that defendant in possession of “CONFIDENTIAL” or “CONFIDENTIAL— 2233 ATTORNEYS’ EYES ONLY” information as defined by Section 2.3 or 2.4 of this 2244 Order, shall (i) return that “CONFIDENTIAL” or “CONFIDENTIAL— 2255 ATTORNEYS’ EYES ONLY” information, including all copies thereof, to the Party 2266 from whom the CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 2277 ONLY information originated, or (ii) destroy the CONFIDENTIAL or 11 thereof, and in either case shall retain no CONFIDENTIAL or CONFIDENTIAL— 22 ATTORNEYS’ EYES ONLY information, except that the remaining defendants in the 33 Action, and persons or entities receiving CONFIDENTIAL or CONFIDENTIAL— 44 ATTORNEYS’ EYES ONLY information from any such defendant(s), may retain 55 CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY information in 66 their possession until 45 days after the conclusion of the Action against those 77 defendants. Plaintiff, his attorneys, and any Professional Vendor, Expert, or any other 88 person or entity retained by him shall be subject to the same foregoing obligations as 99 defendants as to the return or destruction of CONFIDENTIAL or CONFIDENTIAL— 1100 ATTORNEYS’ EYES ONLY information within 45 days after the conclusion of this 1111 Action (defined as the point at which final orders disposing of the entire case has been 1122 entered or the time at which all trial and appellate proceedings have been exhausted). 1133 Counsel are not required to secure the return of CONFIDENTIAL or 1144 CONFIDENTIAL—ATTORNEYS’ EYES ONLY information submitted to the court. 1155 Even after final disposition of this litigation, the confidentiality obligations 1166 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 1177 in writing or this Court issues an order directing otherwise. Final disposition shall be 1188 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or 1199 without prejudice; and (2) final judgment herein after the completion and exhaustion of 2200 all appeals, rehearings, remands, trials, or reviews of this Action, including the time 2211 limits for filing any motions or applications for extension of time pursuant to applicable 2222 law. 2233 5. DESIGNATING PROTECTED MATERIAL 2244 5.1 Exercise of Restraint and Care in Designating Material for Protection. 2255 Each Party or Non-Party that designates information or items for protection under this 2266 Order must take care to limit any such designation to specific material that qualifies 2277 under the appropriate standards. The Designating Party must designate for protection 11 qualify so that other portions of the material, documents, items, or communications for 22 which protection is not warranted are not swept unjustifiably within the ambit of this 33 Order. 44 Mass, indiscriminate, or routinized designations are prohibited. Designations that 55 are shown to be clearly unjustified or that have been made for an improper purpose 66 (e.g., to unnecessarily encumber the case development process or to impose 77 unnecessary expenses and burdens on other parties) may expose the Designating Party 88 to sanctions. 99 If it comes to a Designating Party’s attention that information or items that it 1100 designated for protection do not qualify for protection, that Designating Party must 1111 promptly notify all other Parties that it is withdrawing the inapplicable designation. 1122 5.2 Manner and Timing of Designations. Except as otherwise provided in this 1133 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 1144 or ordered, Disclosure or Discovery Material that qualifies for protection under this 1155 Order must be clearly so designated before the material is disclosed or produced unless 1166 otherwise agreed to by the Parties. 1177 Designation in conformity with this Order requires: 1188 (a) for information in documentary form (e.g., paper or electronic documents, 1199 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 2200 Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL— 2211 ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL Legend”), to each page 2222 that contains protected material or, in the case of native electronic documents, by 2233 including the CONFIDENTIAL Legend in the name of the native electronic file and/or 2244 in correspondence accompanying the production of the native electronic documents. If 2255 only a portion or portions of the material on a page qualifies for protection, the 2266 Producing Party must clearly identify the protected portion(s) (e.g., by making 2277 appropriate markings in the margins). 11 need not designate them for protection until after the inspecting Party has indicated 22 which documents it would like copied and produced. During the inspection and before 33 the designation, all of the material made available for inspection shall be deemed 44 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting Party has 55 identified the documents it wants copied and produced, the Producing Party must 66 determine which documents, or portions thereof, qualify for protection under this Order. 77 Then, before producing the specified documents, the Producing Party must affix a 88 CONFIDENTIAL Legend to each page that contains Protected Material. If only a 99 portion or portions of the material on a page qualifies for protection, the Producing Party 1100 must clearly identify the protected portion(s) (e.g., by making appropriate markings in 1111 the margins). 1122 (b) for testimony given in depositions that the Designating Party identify the 1133 Disclosure or Discovery Material either on the record before the close of the deposition 1144 all protected testimony, or if no such designation is made at the time of the deposition, 1155 the transcript shall be treated as “CONFIDENTIAL” until twenty one (21) calendar 1166 days after the date the final transcript of the deposition is made available, during which 1177 time period any Party may designate, in writing to other Parties and to the court reporter, 1188 the transcript or any portion thereof as “CONFIDENTIAL.” Such designation shall be 1199 specific as to the portions of the transcript or any exhibit to be designated as 2200 “CONFIDENTIAL.” Each Party and the court reporter must attach a copy of any final 2211 and timely written designation notice to the transcript and each copy of the transcript in 2222 its possession, custody or control, and the portions designated in such notice must 2233 thereafter be treated in accordance with this Stipulated Protective Order. 2244 (c) for information produced in some form other than documentary and for 2255 any other tangible items, that the Producing Party affix in a prominent place on the 2266 exterior of the container or containers in which the information is stored the 2277 CONFIDENTIAL Legend. 11 qualified information or items does not, standing alone, waive the Designating Party’s 22 right to secure protection under this Order for such material. Upon reasonably prompt 33 correction of a designation, the Receiving Party must make reasonable efforts to assure 44 that the material is treated in accordance with the provisions of this Order. 55 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 66 6.1 Timing of Challenges. Any Party may challenge a designation of 77 confidentiality at any time that is consistent with the Court’s Scheduling Order. 88 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 99 resolution process under Local Rule 37.1 et seq. 1100 6.3 The burden of persuasion in any such challenge proceeding shall be on the 1111 Designating Party. Unless the Designating Party has waived or withdrawn the 1122 confidentiality designation, all parties shall continue to afford the material in question 1133 the level of protection to which it is entitled under the Producing Party’s designation 1144 until the Court rules on the challenge. 1155 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1166 7.1 Basic Principles. A Receiving Party may use Protected Material that is 1177 disclosed or produced by another Party or by a Non-Party in connection with this Action 1188 only for prosecuting, defending, or attempting to settle this Action. Such Protected 1199 Material may be disclosed only to the categories of persons and under the conditions 2200 described in this Order. When the Action has been terminated, a Receiving Party must 2211 comply with the provisions of section 13 below (FINAL DISPOSITION). 2222 Protected Material must be stored and maintained by a Receiving Party at a 2233 location and in a secure manner that ensures that access is limited to the persons 2244 authorized under this Order. 2255 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 2266 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 2277 may disclose any information or item designated “CONFIDENTIAL” only to: 11 as employees of said Outside Counsel of Record responsible for the preparation and 22 trial of this Action, to whom it is reasonably necessary to disclose the information for 33 this Action; 44 (b) the Receiving Party and/or the officers, directors, and employees 55 (including House Counsel) of the Receiving Party responsible for the preparation and 66 trial of this Action to whom disclosure is reasonably necessary for this Action; 77 (c) Experts (as defined in this Order) of the Receiving Party to whom 88 disclosure is reasonably necessary for this Action and who have signed the 99 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1100 (d) the court and its personnel; 1111 (e) court reporters and their staff; 1122 (f) professional jury or trial consultants, mock jurors, and Professional 1133 Vendors to whom disclosure is reasonably necessary for this Action and who have 1144 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1155 (g) the author or recipient of a document containing the information or a 1166 custodian or other person who otherwise possessed or knew the information; 1177 (h) during their depositions, witnesses, and attorneys for witnesses, in the 1188 Action to whom disclosure is reasonably necessary to elicit testimony from the witness 1199 provided: (1) the deposing party requests that the witness sign the form attached as 2200 Exhibit 1 hereto; and (2) they will not be permitted to keep any confidential information 2211 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 2222 unless otherwise agreed by the Designating Party or ordered by the court. Pages of 2233 transcribed deposition testimony or exhibits to depositions that reveal Protected 2244 Material may be separately bound by the court reporter and may not be disclosed to 2255 anyone except as permitted under this Stipulated Protective Order; 2266 (i) any mediator or settlement officer, and their supporting personnel, 2277 11 mutually agreed upon by any of the Parties engaged in settlement discussions; and 22 (j) any other individual agreed upon by the Parties in writing. 33 7.3 Disclosure of “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 44 Information or Items. Unless otherwise ordered by the court or permitted in writing by 55 the Designating Party, or unless the Designating Party uses information or tangible 66 items designated as “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” in connection 77 with any motion, hearing, discovery, testimony, trial or other courtroom proceeding in 88 this Action, a Receiving Party may disclose any information or item designated 99 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to the Receiving Party’s 1100 Outside Counsel of Record in this Action, as well as employees of said Outside Counsel 1111 of Record responsible for the preparation and trial of this Action to whom it is 1122 reasonably necessary to disclose the information for this Action. Written consent must 1133 be obtained from the Designating Party to disclose any CONFIDENTIAL— 1144 ATTORNEYS’ EYES ONLY information to any other individual or entity, except for 1155 the following: 1166 (a) Experts (as defined in this Order) of the Receiving Party to whom 1177 disclosure is reasonably necessary for this Action and who have signed the 1188 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1199 (b) the court and its personnel; 2200 (c) court reporters and their staff; 2211 (d) any mediator or settlement officer, and their supporting personnel, 2222 mutually agreed upon by any of the Parties engaged in settlement discussions; and 2233 (e) any other individual agreed upon by the Parties in writing. 2244 7.4 Nothing in this Stipulated Protective Order shall limit any Party’s use of 2255 its own documents and information, nor shall it prevent the Designating Party from 2266 disclosing its own Protected Material to any person. Such disclosure shall not affect 2277 any designations made pursuant to the terms of this Stipulated Protective Order, so long 11 confidentiality of the Protected Material. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 33 OTHER LITIGATION 44 If a Party is served with a subpoena or a court order issued in other litigation that 55 compels disclosure of any information or items designated in this Action as 66 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” that 77 Party must: 88 (a) promptly notify in writing the Designating Party. Such notification shall 99 include a copy of the subpoena or court order; 1100 (b) promptly notify in writing the party who caused the subpoena or order to 1111 issue in the other litigation that some or all of the material covered by the subpoena or 1122 order is subject to this Protective Order. Such notification shall include a copy of this 1133 Stipulated Protective Order; and 1144 (c) cooperate with respect to all reasonable procedures sought to be pursued 1155 by the Designating Party whose Protected Material may be affected. 1166 If the Designating Party timely seeks a protective order, the Party served with the 1177 subpoena or court order shall not produce any information designated in this action as 1188 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” before a 1199 determination by the court from which the subpoena or order issued, unless the Party 2200 has obtained the Designating Party’s permission. The Designating Party shall bear the 2211 burden and expense of seeking protection in that court of its confidential material and 2222 nothing in these provisions should be construed as authorizing or encouraging a 2233 Receiving Party in this Action to disobey a lawful directive from another court. 2244 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2255 IN THIS LITIGATION 2266 (a) The terms of this Order are applicable to information produced by a Non- 2277 Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL— 11 connection with this litigation is protected by the remedies and relief provided by this 22 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 33 seeking additional protections. 44 (b) In the event that a Party is required, by a valid discovery request, to 55 produce a Non-Party’s confidential information in its possession, and the Party is 66 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 77 information, then the Party shall: 88 (1) promptly notify in writing the Requesting Party and the Non-Party 99 that some or all of the information requested is subject to a confidentiality agreement 1100 with a Non-Party; 1111 (2) promptly provide the Non-Party with a copy of the Stipulated 1122 Protective Order in this Action, the relevant discovery request(s), and a reasonably 1133 specific description of the information requested; and 1144 (3) make the information requested available for inspection by the Non- 1155 Party, if requested. 1166 (c) If the Non-Party fails to seek a protective order from this court within 21 1177 days of receiving the notice and accompanying information, the Receiving Party may 1188 produce the Non-Party’s confidential information responsive to the discovery request. 1199 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 2200 any information in its possession or control that is subject to the confidentiality 2211 agreement with the Non-Party before a determination by the court. Absent a court order 2222 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 2233 in this court of its Protected Material. 2244 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2255 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 2266 Protected Material to any person or in any circumstance not authorized under this 2277 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 11 all unauthorized copies of the Protected Material, (c) inform the person or persons to 22 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 33 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 44 that is attached hereto as Exhibit A. 55 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 66 PROTECTED MATERIAL 77 11.1 The inadvertent production of any privileged or otherwise protected 88 information, as well as the production of information without an appropriate designation 99 of confidentiality, shall not be deemed a waiver or impairment of any claim of privilege 1100 or protection, including, but not limited to, the attorney-client privilege, work product 1111 doctrine, or the subject matter thereof, or the confidential nature of any such 1122 information, as to the Protected Material, or any other information. 1133 11.2 The production of privileged or work-product protected documents, 1144 electronically stored information (“ESI”) or Protected Material, whether inadvertent or 1155 otherwise, is not a waiver or impairment of any privilege or protection from discovery 1166 in this case or in any other federal or state proceeding. This Order shall be interpreted 1177 to provide the maximum protection allowed by Federal Rule of Evidence 502(d). 1188 11.3 The Producing Party must notify the Receiving Party promptly, in writing 1199 upon discovery that a privileged document has been produced. Upon receiving written 2200 notice from the Producing Party that privileged and/or work product material has been 2211 produced, all such information, and all copies thereof, shall be returned to the producing 2222 party within ten (10) business days of receipt of such notice and the Receiving Party 2233 shall not share such information for any purpose, until further court order. The 2244 Receiving Party shall also attempt, in good faith, to retrieve and return or destroy all 2255 copies of the documents in electronic format. 2266 12. MISCELLANEOUS 2277 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order no Party waives any right it otherwise would have to object to 33 disclosing or producing any information or item on any ground not addressed in this 44 Stipulated Protective Order. Similarly, no Party waives any right to object on any 55 ground to use in evidence of any of the material covered by this Protective Order. 66 12.3 Filing Protected Material. A Party that seeks to file under seal any 77 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 88 only be filed under seal pursuant to a court order authorizing the sealing of the specific 99 Protected Material at issue. If a Party’s request to file Protected Material under seal is 1100 denied by the court, then the Receiving Party may file the information in the public 1111 record unless otherwise instructed by the court. 1122 13. FINAL DISPOSITION 1133 After the final disposition of this Action, as defined in paragraph 4, each 1144 Receiving Party must return all Protected Material to the Producing Party or destroy 1155 such material. As used in this subdivision, “all Protected Material” includes all copies, 1166 abstracts, compilations, summaries, and any other format reproducing or capturing any 1177 of the Protected Material. Whether the Protected Material is returned or destroyed, the 1188 Receiving Party must submit a written certification to the Producing Party (and, if not 1199 the same person or entity, to the Designating Party) by the 45-day deadline that (1) 2200 identifies (by category, where appropriate) all the Protected Material that was returned 2211 or destroyed and (2) affirms that the Receiving Party has not retained any copies, 2222 abstracts, compilations, summaries or any other format reproducing or capturing any of 2233 the Protected Material. Notwithstanding this provision, Counsel are entitled to retain 2244 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 2255 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 2266 reports, attorney work product, and consultant and expert work product, even if such 2277 materials contain Protected Material. Any such archival copies that contain or 11 Section 4 (DURATION). 22 14. Any violation of this Order may be punished by any and all appropriate 33 measures including, without limitation, contempt proceedings and/or monetary 44 sanctions. 55 // 66 // 77 88 99 1100 1111 1122 1133 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 22 Dated: November 25, 2024 Respectfully submitted,

33 KASOWITZ BENSON TORRES LLP CONSTANTINE Z. PAMPHILIS 44 J. MICHAEL WILSON 55 SARA E. WOLFE DANIEL A. SAUNDERS 66 /s/ Constantine Z. Pamphilis 77 CONSTANTINE Z. PAMPHILIS 88 Attorneys for Plaintiff JOSEPH GATT 99

1100 Dated: November 25, 2024 PILLSBURY WINTHROP SHAW PITTMAN LLP 1111

RONALD L. CHENG 1122 PHILIP HE 1133 /s/ Ronald L. Cheng 1144 RONALD L. CHENG 1155 Attorneys for Defendants 1166 LOS ANGELES COUNTY, GEORGE GASCÓN, 1177 and ANGELA BRUNSON

1188 Dated: November 25, 2024 HYDEE FELDSTEIN SOTO, City Attorney 1199 DENISE C. MILLS, Chief Deputy City Attorney KATHLEEN KENEALY, Chief Asst. City 2200 Attorney 2211 CORY M. BRENTE, Senior Asst. City Attorney TY A. FORD, Deputy City Attorney 2222

2233 /s/ Ty A. Ford TY A. FORD 2244 Deputy City Attorney 2255 Attorneys for Defendants 2266 CITY OF LOS ANGELES and 2277 DENOS AMARANTOS 1 SIGNATURE ATTESTATION 2 Pursuant to Local Rule 5-4.3.4(a)(2), I hereby attest that all other signatories 3 || listed above, and on whose behalf this listing is submitted, concur in the filing’s content 4 || and have authorized the filing.. 5 6 Dated: November 25, 2024

8 9 10 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 11 12 || Dated: December 16, 2024 Us. A ké □ B HON. ALICIA G. ROSENBERG United States District Court Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

11 EXHIBIT A 22 UNITED STATES DISTRICT COURT 33 CENTRAL DISTRICT OF CALIFORNIA 44 JOSEPH GATT, Case No. 2:24-cv-02740-FLA-AGR 55 Plaintiff, ACKNOWLEDGEMENT AND 66 AGREEMENT TO BE BOUND vs. 77 88 GEORGE GASCÓN, LOS ANGELES COUNTY, 99 ANGELA BRUNSON, 1100 DENOS AMARANTOS, THE CITY OF LOS ANGELES, and 1111 DOES 1-10, 1122 Defendants. 1133 I, _____________________ [print or type full name], declare under penalty of 1144 perjury under the laws of the State of California and the United States that: 1155 1. My address is:_________________________________________________. 1166 2. My employer is:_______________________________________________. 1177 3. My occupation is:______________________________________________. 1188 4. I have read in its entirety and understand the Stipulated Protective Order that 1199 was issued by the United States District Court for the Central District of 2200 California on [date] in the case of Joseph Gatt v. George Gascón, et al., Case 2211 No. 2:24-cv-02740-FLA-AGR. 2222 5. I agree to comply with and to be bound by all the terms of this Stipulated 2233 Protective Order and I understand and acknowledge that failure to so comply 2244 could expose me to sanctions and punishment in the nature of contempt. I 2255 solemnly promise that I will not disclose in any manner any information or 2266 item that is subject to this Stipulated Protective Order to any person or entity 2277 -20- 11 except in strict compliance with the provisions of this Order. I will hold in 22 confidence, will not disclose to anyone not qualified under the Order, and will 33 use only for purposes of this case all Confidential information, including any 44 notes about or summaries of such information. 55 6. I further agree to submit to the jurisdiction of the United States District Court 66 for the Central District of California for the purpose of enforcing the terms of 77 this Stipulated Protective Order, even if such enforcement proceedings occur 88 after termination of this action. I hereby appoint ________________ [print 99 or type full name] of ____________________________________________ 1100 [print or type full address and telephone number] as my California agent for 1111 service of process in connection with this action or any proceedings related to 1122 enforcement of this Stipulated Protective Order. 1133 Date: 1144 City and State where sworn and signed: 1155 Printed name: 1166 Signature: 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 -21-