Case 5:21-cv-01791-JGB-SP Document 51 Filed 02/22/23 Page 1 of 19 Page ID #:458
8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 10 11 LEEYONNIE HERNANDEZ, an Case No. 5:21-cv-01791-JGB (SPx) individual, for herself and, as guardian (Consolidating 5:21-cv-01795-JGB 12 ad litem for minors PZ, KH, and AH, (SPx)
13 Plaintiffs, PROTECTIVE ORDER RE 14 vs. CONFIDENTIAL DOCUMENTS
15 COUNTY OF RIVERSIDE, et al.
16 Defendants.
17 ROBIN ZUMWALT, individually and as the personal representative of 18 CHRISTOPHER ZUMWALT, Trial Date: None Set deceased; and ANTHONY 19 ZUMWALT, individually,,
20 Plaintiffs,
21 vs.
22 COUNTY OF RIVERSIDE, et al.,
23 Defendants.
24 25 PURSUANT TO THE STIPULATION OF THE PARTIES (“Stipulation for 26 Entry of Protective Order re Confidential Documents”), and pursuant to the Court’s 27 inherent and statutory authority, including but not limited to the Court’s authority LEWIS 28 under the applicable Federal Rules of Civil Procedure and the United States District BRISBOIS B &I SS MGA ITA HR LLD P
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1 Court, Central District of California Local Rules; after due consideration of all of the 2 relevant pleadings, papers, and records in this action; and upon such other evidence 3 or argument as was presented to the Court; Good Cause appearing therefor, and in 4 furtherance of the interests of justice, 5 IT IS HEREBY ORDERED that: 6 1. A. PURPOSES AND LIMITATIONS 7 Discovery in this action is likely to involve production of confidential, 8 proprietary, or private information for which special protection from public disclosure 9 and from use for any purpose other than prosecuting this litigation would be 10 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 11 the following Stipulated Protective Order. The parties acknowledge that this Order 12 does not confer blanket protections on all disclosures or responses to discovery and 13 that the protection it affords from public disclosure and use extends only to the limited 14 information or items that are entitled to a confidential treatment under the applicable 15 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 16 that this Stipulated Protective Order does not entitle them to file confidential 17 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 18 followed and the standards that will be applied when a party seeks permission from 19 the court to file material under seal. 20 B. GOOD CAUSE STATEMENT 21 Defendants contend that there is good cause and a particularized need for a 22 protective order to preserve the interests of confidentiality and privacy in peace officer 23 personnel file records and associated investigative or confidential records for the 24 following reasons. 25 First, Defendants contend that peace officers have a federal privilege of privacy 26 in their personnel file records: a reasonable expectation of privacy therein that is 27 underscored, specified, and arguably heightened by the Pitchess protective procedure LEWIS 28 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 BRISBOIS B &I SS MGA ITA HR LLD P
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1 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 2 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 3 discovery disputes involving federal claims,” the “state privilege law which is 4 consistent with its federal equivalent significantly assists in applying [federal] 5 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 6 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 7 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 8 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 9 uncontrolled disclosure of such personnel file information can threaten the safety of 10 non-party witnesses, officers, and their families/associates. 11 Second, Defendants contend that municipalities and law enforcement agencies 12 have federal deliberative-executive process privilege, federal official information 13 privilege, federal law enforcement privilege, and federal attorney-client privilege 14 (and/or attorney work product protection) interests in the personnel files of their peace 15 officers – particularly as to those portions of peace officer personnel files that contain 16 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 17 communications for the purposes of obtaining or rendering legal advice or analysis – 18 potentially including but not limited to evaluative/analytical portions of Internal 19 Affairs type records or reports, evaluative/analytical portions of supervisory records 20 or reports, and/or reports prepared at the direction of counsel, or for the purpose of 21 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 22 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 23 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 24 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 25 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 26 v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants 27 further contend that such personnel file records are restricted from disclosure by the LEWIS 28 public entity’s custodian of records pursuant to applicable California law and that BRISBOIS B &I SS MGA ITA HR LLD P
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1 uncontrolled release is likely to result in needless intrusion of officer privacy; 2 impairment in the collection of third-party witness information and statements 3 and related legitimate law enforcement investigations/interests; and a chilling of 4 open and honest discussion regarding and/or investigation into alleged 5 misconduct that can erode a public entity’s ability to identify and/or implement 6 any remedial measures that may be required. 7 Third, Defendants contend that, since peace officers do not have the same rights 8 as other private citizens to avoid giving compelled statements, it is contrary to the 9 fundamental principles of fairness to permit uncontrolled release of officers’ 10 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 11 828-830 (1985); cf. U.S. Const., amend V. 12 Accordingly, Defendants contend that, without a protective order preventing 13 such, production of confidential records in the case can and will likely substantially 14 impair and harm defendant public entity’s interests in candid self-critical analysis, 15 frank internal deliberations, obtaining candid information from witnesses, preserving 16 the safety of witnesses, preserving the safety of peace officers and peace officers’ 17 families and associates, protecting the privacy officers of peace officers, and 18 preventing pending investigations from being detrimentally undermined by 19 publication of private, sensitive, or confidential information – as can and often does 20 result in litigation. 21 Plaintiffs do not agree with and do not stipulate to Defendants’ contentions 22 stated above. Plaintiffs agree, however, that there is good cause for a Protective Order 23 so as to preserve the respective interests of the parties. Plaintiffs recognize that, 24 absent this Stipulated Protective Order, the parties' respective privilege interests may 25 be impaired or harmed, and that this Stipulated Protective Order may mitigate such 26 harm by permitting the parties to facilitate discovery with reduced risk that 27 confidential information will become matters of public record. LEWIS 28 The parties jointly contend that there is typically a particularized need for BRISBOIS B &I SS MGA ITA HR LLD P
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1 protection as to any medical or psychotherapeutic records and autopsy photographs, 2 because of the privacy interests at stake therein. Plaintiffs AH, KH and PZ are 3 minors, and there may be a need to protect certain records pertaining to them. 4 Because of these sensitive interests, a Court Order should address these documents 5 rather than a private agreement between the parties. 6 2. DEFINITIONS 7 2.1 Action: this pending federal law suit. 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 the medium or how generated, stored, or maintained) or tangible things that qualify 12 for protection under Federal Rule of Civil Procedure 26(c), as specified above in the 13 Good Cause Statement, and other applicable federal privileges. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 15 support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless 20 of the medium or manner generated, stored, or maintained (including, among other 21 things, testimony, transcripts, or tangible things), that are produced or generated in 22 disclosures or responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 2.8 House Counsel: attorneys who are employees of a Party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside LEWIS 28 counsel. BRISBOIS B &I SS MGA ITA HR LLD P
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1 2.9 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 2.11 Party: any part to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying; videotaping; translating; preparing exhibits or 14 demonstrations; and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the Orders of the 27 trial judge. This Order does not govern the use of Protected Material at trial. LEWIS 28 BRISBOIS B &I SS MGA ITA HR LLD P
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1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 6 or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under this 13 Order must take care to limit any such designation to specific material that qualifies 14 under the appropriate standards. The Designating Party must designate for protection 15 only those parts of material, documents, items, or oral or written communications that 16 qualify so that other portions of the material, documents, items, or communications 17 for which protection is not warranted are not swept unjustifiably within the ambit of 18 this Order. 19 Mass, indiscriminate, or routine designations are prohibited. Designations that 20 are shown to be clearly unjustified, or that have been made for an improper purpose 21 (e.g., to unnecessarily encumber the case development process or to impose 22 unnecessary expenses and burdens on other parties) may expose the Designating Party 23 to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other parties that it is withdrawing the inapplicable designation. 27 5.2 Manner and Timing of Designations. Except as otherwise provided in LEWIS 28 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise BRISBOIS B &I SS MGA ITA HR LLD P
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1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced. 4 Designation in conformity with this Order requires: 5 (a) for information in documentary form (e.g., paper or electronic 6 documents, but excluding transcripts of depositions or other pretrial or trial 7 proceedings), that the Producing Party affix at a minimum, the legend 8 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 9 contains protected material. If only a portion or portions of the material on a page 10 qualifies for protection, the Producing Party also must clearly identify the protected 11 portion(s) (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents available for inspection 13 need not designate them for protection until after the inspecting Party has indicated 14 which documents it would like copied and produced. During the inspection and before 15 the designation, all of the material made available for inspection shall be deemed 16 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 17 copied and produced, the Producing Party must determine which documents, or 18 portions thereof, qualify for protection under this Order. Then, before producing the 19 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 20 to each page that contains Protected Material. If only a portion or portions of the 21 material on a page qualifies for protection, the Producing Party also must clearly 22 identify the protected portion(s) (e.g., by making appropriate markings in the 23 margins). Markings added to documents pursuant to this paragraph shall not obscure 24 the content or text of the documents produced. 25 (b) for testimony given in depositions that the Designating Party 26 identify the Disclosure or Discovery Material on the record, before the close of the 27 deposition all protected testimony. The court reporter must affix to each such LEWIS 28 transcript page containing Protected Material the “CONFIDENTIAL legend”, as BRISBOIS B &I SS MGA ITA HR LLD P
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1 instructed by the Designating Party. 2 (c) for information produced in some form other than documentary 3 and for any other tangible items, that the Producing Party affix in a prominent place 4 on the exterior of the container or containers in which the information or item is stored 5 the legend “CONFIDENTIAL.” If only a portions or portions of the information or 6 item warrant protection, the Producing Party, to the extent practicable, shall identify 7 the protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate qualified information or items as “CONFIDENTIAL” does not, 10 standing alone, waive the Designating Party’s right to secure protection under this 11 Stipulation and its associated Order for such material. Upon timely correction of a 12 designation, the Receiving Party must make reasonable efforts to assure that the 13 material is treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court's 17 Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 resolution process under Local Rule 37.1 et seq. 20 6.3 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper purpose 22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 23 expose the Challenging Party to sanctions. Unless the Designating Party has waived 24 or withdrawn the confidentiality designation, all parties shall continue to afford the 25 material in question the level of protection to which it is entitled under the Producing 26 Party’s designation until the Court rules on the challenge. 27 6.4 Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a LEWIS 28 Designating Party may remove Protected Material from some or all of the protections BRISBOIS B &I SS MGA ITA HR LLD P
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1 and provisions of this Stipulated Protective Order at any time by any of the following 2 methods: 3 (a) Express Written Withdrawal. A Designating Party may withdraw a 4 “CONFIDENTIAL” designation made to any specified Protected Material from some 5 or all of the protections of this Stipulated Protective Order by an express withdrawal 6 in writing signed by the Designating Party or Designating Party’s counsel (but not 7 including staff of such counsel) that specifies and itemizes the Disclosure or 8 Discovery Material previously designated as Protected Material that shall not longer 9 be subject to some or all of the provisions of this Stipulated Protective Order. Such 10 express withdrawal shall be effective when transmitted or served upon the Receiving 11 Party. If a Designating Party is withdrawing Protected Material from only some of 12 the provisions/protections of this Stipulated Protective Order, the Designating Party 13 must state which specific provisions are no longer to be enforced as to the specified 14 material for which confidentiality protection hereunder is withdrawn: otherwise, such 15 withdrawal shall be construed as a withdrawal of such material from all of the 16 protections/provisions of this Stipulated Protective Order; 17 (b) Express Withdrawal on the Record. A Designating Party may withdraw 18 a “CONFIDENTIAL” designation made to any specified Protected Material from all 19 of the provisions/protections of this Stipulated Protective Order by verbally 20 consenting in court proceedings on the record to such withdrawal – provided that such 21 withdrawal specifies the Disclosure or Discovery Material previously designated as 22 Protected Material shall no longer be subject to any of the provisions of this 23 Stipulation and Order; 24 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 25 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 26 designation made to any specified Protected Material from all of the 27 provisions/protections of this Stipulated Protective Order by either (1) making such LEWIS 28 Protected Material part of the public record – including but not limited to attaching BRISBOIS B &I SS MGA ITA HR LLD P
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1 such as exhibits to any filing with the court without moving, prior to such filing, for 2 the court to seal such records; or (2) failing to timely oppose a Challenging Party’s 3 motion to remove a “CONFIDENTIAL” designation to specified Protected Material. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending, or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions prescribed in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 13 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 20 as employees of such Counsel to whom it is reasonably necessary to disclose the 21 information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) of the 23 Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; LEWIS 28 (e) court reporters and their staff; BRISBOIS B &I SS MGA ITA HR LLD P
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1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “ Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 9 not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may be 13 separately bound by the court reporter and may not be disclosed to anyone except as 14 permitted under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 19 OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification shall 24 include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order to 26 issue in the other litigation that some or all of the material covered by the subpoena 27 or order is subject to Protective Order. Such notification shall include a copy of this LEWIS 28 Stipulated Protective Order; and BRISBOIS B &I SS MGA ITA HR LLD P
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1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order shall not produce any information designated in this action 5 as “CONFIDENTIAL” before a determination by the court from which the subpoena 6 or order issued, unless the Party has obtained the Designating Party’s permission. The 7 Designating Party shall bear the burden and expense of seeking protection in that court 8 of its confidential material and nothing in these provisions should be construed as 9 authorizing or encouraging a Receiving Party in this action to disobey a lawful 10 directive from another court. 11 12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a Non- 15 Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Nothing in these provisions should be 18 construed as prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is 21 subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non-Party 24 that some or all of the information requested is subject to a confidentiality agreement 25 with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), and a reasonably LEWIS 28 specific description of the information requested; and BRISBOIS B &I SS MGA ITA HR LLD P
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1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 14 4 days of receiving the notice and accompanying information, the Receiving Party may 5 produce the Non-Party’s confidential information responsive to the discovery request. 6 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 7 any information in its possession or control that is subject to the confidentiality 8 agreement with the Non-Party before a determination by the court. Absent a court 9 order to the contrary, the Non-Party shall bear the burden and expense of seeking 10 protection in this court of its Protected Material. 11 12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulation and Order, the Receiving Party must immediately: (a) notify in writing the 16 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 17 all unauthorized copies of the Protected Material, (c) inform the person or persons to 18 whom unauthorized disclosures were made of all the terms of this Order, and (d) 19 request such person or persons execute the Acknowledgement and Agreement to Be 20 Bound” that is attached hereto as Exhibit A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior LEWIS 28 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the BRISBOIS B &I SS MGA ITA HR LLD P
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1 parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted 4 to the court. 5 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 person to seek modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 ground to use in evidence of any of the material covered by this Protective Order. 14 12.3 Filing of Protected Material. A party that seeks to file under seal any 15 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 16 only be filed under seal pursuant to a court order authorizing the sealing of the specific 17 Protected Material at issue. If a Party’s request to file Protected Material under seal 18 is denied by the court, then the Receiving Party may file the information in the public 19 record unless otherwise instructed by the court. 20 . 21 13. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 4, within 60 23 days of a written request by the Designating Party, each Receiving Party must return 24 all Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving LEWIS 28 Party must submit a written certification to the Producing Party (and, if not the same BRISBOIS B &I SS MGA ITA HR LLD P
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1 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 2 (by category, where appropriate) all the Protected Material that was returned or 3 destroyed and (2) affirms that the Receiving Party has not retained any copies, 4 abstracts, compilations, summaries or any other format reproducing or capturing any 5 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 6 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 7 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 8 reports, attorney work product, and consultant and expert work product, even if such 9 materials contain Protected Material. Any such archival copies that contain or 10 constitute Protected Material remain subject to this Protective Order as set forth in 11 Section 4 (DURATION). 12 Any violation of this Order may be punished by any and all appropriate 13 measures including, without limitation, contempt proceedings and/or monetary 14 sanctions. 15 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 18 DATED: May 2, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP
20 By: / s / Tori L.N. Bakken 21 TONY M. SAIN 22 TORI L. N. BAKKEN 23 Attorneys for Defendant, COUNTY OF RIVERSIDE 24 25 26 27 LEWIS 28 BRISBOIS B &I SS MGA ITA HR LLD P
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1 DATED: May 2, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP
3 By: / s / Peter M. Williamson 4 Peter M. Williamson, Esq. 5 WILLIAMSON LAW FIRM Attorneys for Plaintiffs Robin Zumwalt, 6 individually and as the personal 7 representative of Christopher Zumwalt, deceased; and Anthony Zumwalt 8 ________________________________ 9 DATED: May 2, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP
11 By: / s/ John Burton 12 John Burton, Esq. 13 THE LAW OFFICES OF JOHN BURTON Attorneys for Plaintiff Leeyonnie 14 Hernandez, individually, and Donald Collins as guardian ad litem for minors 15 PZ, KH, and AH 16 17 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 Dated: February 22, 2023 22
23 _____________________________________ 24 Sheri Pym United States Magistrate Judge 25
26 27 LEWIS 28 BRISBOIS B &I SS MGA ITA HR LLD P
70290213.2 17 ATTORNEYS AT LAW [PROPOSED] PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 5:21-cv-01791-JGB-SP Document 51 Filed 02/22/23 Page 18 of 19 Page ID #:475
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 perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of ___________ [insert formal name of the case and the number and 8 initials assigned to it by the court]. I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so 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 information 12 or item that is subject to this Stipulated Protective Order to any person or entity except 13 in strict compliance with the provisions of this Order. I further agree to submit to the 14 jurisdiction of the United States District Court for the Central District of California 15 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 16 enforcement proceedings occur after termination of this action. I hereby appoint 17 __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ LEWIS 28 BRISBOIS B &I SS MGA ITA HR LLD P
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FEDERAL COURT PROOF OF SERVICE Hernandez et al. v. County of Riverside, et al., Case No. 5:21-cv-01791-JGB (SPx) 1 (Consolidating Zumwalt, et al. v. County of Riverside, Case No. 5:21-cv-01795- JGB (SPx)) 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 At the time of service, I was over 18 years of age and not a party to the action. 4 My business address is 633 West 5th Street, Suite 4000, Los Angeles, CA 90071. I am employed in the office of a member of the bar of this Court at whose direction 5 the service was made. 6 On May 2, 2022, I served the following document(s): [PROPOSED] PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS 7 I served the documents on the following persons at the following addresses 8 (including fax numbers and e-mail addresses, if applicable): 9 Peter M. Williamson, Esq. John Burton, Esq. WILLIAMSON LAW FIRM THE LAW OFFICES OF JOHN 10 3220 Foothill Drive, Suite 5 BURTON Westlake Village, California 91361 128 North Fair Oaks Avenue 11 Tel: (818) 403-2600 Pasadena, California 91103 Fax: (818) 446-9835 Tel: (626) 449-8300 12 Email: pmw@williamsonlawfirm.net Fax: (626) 440-5968 Email: jb@johnburtonlaw.com 13 Attorneys for Plaintiffs Robin Zumwalt, Attorneys for Plaintiff Leeyonnie 14 individually and as the personal Hernandez, individually, and Donald representative of Christopher Zumwalt, Collins as guardian ad litem for minors 15 deceased; and Anthony Zumwalt PZ, KH, and AH 16 The documents were served by the following means: 17 (BY U.S. MAIL) I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses listed above and I deposited the 18 sealed envelope or package with the U.S. Postal Service, with the postage fully prepaid. 19 (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order 20 or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail 21 addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission 22 was unsuccessful. 23 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. 24 Executed on May 2, 2022, at Los Angeles, California. 25
26 / s/ Curfew F. Wilson
27 Curfew F. Wilson
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