8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
11 LISTON GRACE, an individual, CASE NO. CV21-03119-JWH (Ex) Hon. John W. Holcomb, Ctrm. 2, George E. Brown 12 Mag. Charles F. Eick, Ctrm. 750, 7th Fl., Roybal Plaintiff, 13 v. [PROPOSED] 14 STIPULATED PROTECTIVE CITY OF LOS ANGELES, LOS ORDER OF THE PARTIES 15 ANGELES POLICE DEPARTMENT, CHIEF MICHEL MOORE in his 16 official capacity, and DOES 1 TO 10, in their official and personal capacities, 17 Defendant 18 19 1. A. PURPOSES AND LIMITATIONS 20 This is a civil action brought by Plaintiff, LISTON GRACE, against Defendants, 21 CITY OF LOS ANGELES and CHIEF MICHEL MOORE, in connection with an 22 incident that occurred on April 8, 2020. In his Complaint for Damages, Plaintiff 23 alleges the following causes of action: Violation of Civil Rights; Municipal Liability – 24 Unconstitutional Custom, Practice or Policy; Municipal Policy - Inadequate 25 Training/Policy of Inaction; Conspiracy to Violate Civil Rights and; Conspiracy to 26 Interfere with Civil Rights. 27 Plaintiff has served a Request to Produce Documents and other tangible items, 28 pursuant to F.R.C.P 34 wherein certain privileges apply, including but not limited to 1 the right to privacy for which special protection from public disclosure and from use 2 for any purpose other than prosecuting this litigation may be warranted. Likewise, the 3 City Defendants anticipate seeking information from Plaintiff, including documents, to 4 which the right to privacy applies such as medical records. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from the 14 court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 Defendants wish to disclose the related officer body worn video footage. Soto v. 17 City of Concord, 162 F.R.D. 603, 620 (N.D. Cal. 1995). Plaintiff may wish to disclose 18 certain medical records which Plaintiff contends are subject to the right to privacy. See, 19 e.g., Tucson Woman’s Clinic v. Eden, 379 F.3d 531, 551 (9th Cir. 2004) (quoting 20 Whalen v. Roe, 429 U.S. 589, 599 (1977); Domingo v. Brennan, 690 F. App’x 928, 21 930 (9th Cir. 2017). Defendants may also wish to disclose additional evidence to 22 which the right to privacy applies, as well as the official information privilege (Kerr v. 23 United States District Court for the Northern District of California, 511 F.2d 192, 198 24 (9th Cir. 1975), aff’d, 426 U.S. 394 (1976.)) 25 2. DEFINITIONS 26 2.1 Action: This pending federal lawsuit. 27 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 28 information or items under this Order. 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 2 it is generated, stored or maintained) or tangible things that qualify for protection 3 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 4 Statement. 5 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 6 support staff). 7 2.5 Designating Party: a Party or Non-Party that designates information or 8 items that it produces in disclosures or in responses to discovery as 9 “CONFIDENTIAL.” 10 2.6 Disclosure or Discovery Material: all items or information, regardless of 11 the medium or manner in which it is generated, stored, or maintained (including, 12 among other things, testimony, transcripts, and tangible things), that are produced or 13 generated in disclosures or responses to discovery in this matter. 14 2.7 Expert: a person with specialized knowledge or experience in a matter 15 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 16 expert witness or as a consultant in this Action. 17 2.8 House Counsel: attorneys who are employees of a party to this Action. 18 House Counsel does not include Outside Counsel of Record or any other outside 19 counsel. 20 2.9 Non-Party: any natural person, partnership, corporation, association or 21 other legal entity not named as a Party to this action. 22 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 23 this Action but are retained to represent or advise a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm that has 25 appeared on behalf of that party, and includes support staff. 26 2.11 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 28 support staffs). 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 6 their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 10 from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only Protected 13 Material (as defined above), but also (1) any information copied or extracted from 14 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 15 Material; and (3) any testimony, conversations, or presentations by Parties or their 16 Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the trial 18 judge. This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations 21 imposed by this Order shall remain in effect until a Designating Party agrees 22 otherwise in writing or a court order otherwise directs. Final disposition shall be 23 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or 24 without prejudice; and (2) final judgment herein after the completion and exhaustion 25 of all appeals, rehearings, remands, trials, or reviews of this Action, including the time 26 limits for filing any motions or applications for extension of time pursuant to 27 applicable law. The parties acknowledge that a trial in this matter will be a public trial 28 and nothing in this Protective Order will preclude the introduction of Protected 1 Material as evidence at trial, notwithstanding any evidentiary rulings and/or orders 2 from the trial judge. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection.
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
11 LISTON GRACE, an individual, CASE NO. CV21-03119-JWH (Ex) Hon. John W. Holcomb, Ctrm. 2, George E. Brown 12 Mag. Charles F. Eick, Ctrm. 750, 7th Fl., Roybal Plaintiff, 13 v. [PROPOSED] 14 STIPULATED PROTECTIVE CITY OF LOS ANGELES, LOS ORDER OF THE PARTIES 15 ANGELES POLICE DEPARTMENT, CHIEF MICHEL MOORE in his 16 official capacity, and DOES 1 TO 10, in their official and personal capacities, 17 Defendant 18 19 1. A. PURPOSES AND LIMITATIONS 20 This is a civil action brought by Plaintiff, LISTON GRACE, against Defendants, 21 CITY OF LOS ANGELES and CHIEF MICHEL MOORE, in connection with an 22 incident that occurred on April 8, 2020. In his Complaint for Damages, Plaintiff 23 alleges the following causes of action: Violation of Civil Rights; Municipal Liability – 24 Unconstitutional Custom, Practice or Policy; Municipal Policy - Inadequate 25 Training/Policy of Inaction; Conspiracy to Violate Civil Rights and; Conspiracy to 26 Interfere with Civil Rights. 27 Plaintiff has served a Request to Produce Documents and other tangible items, 28 pursuant to F.R.C.P 34 wherein certain privileges apply, including but not limited to 1 the right to privacy for which special protection from public disclosure and from use 2 for any purpose other than prosecuting this litigation may be warranted. Likewise, the 3 City Defendants anticipate seeking information from Plaintiff, including documents, to 4 which the right to privacy applies such as medical records. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from the 14 court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 Defendants wish to disclose the related officer body worn video footage. Soto v. 17 City of Concord, 162 F.R.D. 603, 620 (N.D. Cal. 1995). Plaintiff may wish to disclose 18 certain medical records which Plaintiff contends are subject to the right to privacy. See, 19 e.g., Tucson Woman’s Clinic v. Eden, 379 F.3d 531, 551 (9th Cir. 2004) (quoting 20 Whalen v. Roe, 429 U.S. 589, 599 (1977); Domingo v. Brennan, 690 F. App’x 928, 21 930 (9th Cir. 2017). Defendants may also wish to disclose additional evidence to 22 which the right to privacy applies, as well as the official information privilege (Kerr v. 23 United States District Court for the Northern District of California, 511 F.2d 192, 198 24 (9th Cir. 1975), aff’d, 426 U.S. 394 (1976.)) 25 2. DEFINITIONS 26 2.1 Action: This pending federal lawsuit. 27 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 28 information or items under this Order. 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 2 it is generated, stored or maintained) or tangible things that qualify for protection 3 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 4 Statement. 5 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 6 support staff). 7 2.5 Designating Party: a Party or Non-Party that designates information or 8 items that it produces in disclosures or in responses to discovery as 9 “CONFIDENTIAL.” 10 2.6 Disclosure or Discovery Material: all items or information, regardless of 11 the medium or manner in which it is generated, stored, or maintained (including, 12 among other things, testimony, transcripts, and tangible things), that are produced or 13 generated in disclosures or responses to discovery in this matter. 14 2.7 Expert: a person with specialized knowledge or experience in a matter 15 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 16 expert witness or as a consultant in this Action. 17 2.8 House Counsel: attorneys who are employees of a party to this Action. 18 House Counsel does not include Outside Counsel of Record or any other outside 19 counsel. 20 2.9 Non-Party: any natural person, partnership, corporation, association or 21 other legal entity not named as a Party to this action. 22 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 23 this Action but are retained to represent or advise a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm that has 25 appeared on behalf of that party, and includes support staff. 26 2.11 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 28 support staffs). 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 6 their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 10 from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only Protected 13 Material (as defined above), but also (1) any information copied or extracted from 14 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 15 Material; and (3) any testimony, conversations, or presentations by Parties or their 16 Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the trial 18 judge. This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations 21 imposed by this Order shall remain in effect until a Designating Party agrees 22 otherwise in writing or a court order otherwise directs. Final disposition shall be 23 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or 24 without prejudice; and (2) final judgment herein after the completion and exhaustion 25 of all appeals, rehearings, remands, trials, or reviews of this Action, including the time 26 limits for filing any motions or applications for extension of time pursuant to 27 applicable law. The parties acknowledge that a trial in this matter will be a public trial 28 and nothing in this Protective Order will preclude the introduction of Protected 1 Material as evidence at trial, notwithstanding any evidentiary rulings and/or orders 2 from the trial judge. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under this 6 Order must take care to limit any such designation to specific material that qualifies 7 under the appropriate standards. The Designating Party must designate for protection 8 only those parts of material, documents, items or oral or written communications that 9 qualify so that other portions of the material, documents, items or communications for 10 which protection is not warranted are not swept unjustifiably within the ambit of this 11 Order. 12 Mass, indiscriminate or routinized designations are prohibited. Designations that 13 are shown to be clearly unjustified or that have been made for an improper purpose 14 (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating Party 16 to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in this 21 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 22 or ordered, Disclosure or Discovery Material that qualifies for protection under this 23 Order must be clearly so designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings), that the Producing Party affix at a minimum, the legend 28 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 1 contains protected material. If only a portion of the material on a page qualifies for 2 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 3 by making appropriate markings in the margins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and before 7 the designation, all of the material made available for inspection shall be deemed 8 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 9 copied and produced, the Producing Party must determine which documents, or 10 portions thereof, qualify for protection under this Order. Then, before producing the 11 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to 12 each page that contains Protected Material. If only a portion of the material on a page 13 qualifies for protection, the Producing Party also must clearly identify the protected 14 portion(s) (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions that the Designating Party identifies 16 the Disclosure or Discovery Material on the record, before the close of the deposition 17 all protected testimony. 18 (c) for information produced in some form other than documentary and 19 for any other tangible items, that the Producing Party affix in a prominent place on the 20 exterior of the container or containers in which the information is stored the legend 21 “CONFIDENTIAL.” If only a portion or portions of the information warrants 22 protection, the Producing Party, to the extent practicable, shall identify the protected 23 portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive the 26 Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 28 / / / 1 efforts to assure that the material is treated in accordance with the provisions of this 2 Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s Scheduling 6 Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37.1 et seq. 9 6.3 The burden of persuasion in any such challenge proceeding shall be on the 10 Designating Party. Frivolous challenges, and those made for an improper purpose 11 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 12 expose the Challenging Party to sanctions. Unless the Designating Party has waived 13 or withdrawn the confidentiality designation, all parties shall continue to afford the 14 material in question the level of protection to which it is entitled under the Producing 15 Party’s designation until the Court rules on the challenge. 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a Receiving 22 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a location 24 and in a secure manner that ensures that access is limited to the persons authorized 25 under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 27 ordered by the court or permitted in writing by the Designating Party, a Receiving 28 Party may disclose any information or item designated “CONFIDENTIAL” only to: 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 2 well as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; 4 (b) the officers, directors, and employees (including House Counsel) of 5 the Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) 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” (Exhibit 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) during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 19 not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 21 by the Designating Party or ordered by the court. Pages of transcribed deposition 22 testimony or exhibits to depositions that reveal Protected Material may be separately 23 bound by the court reporter and may not be disclosed to anyone except as permitted 24 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. 27 / / / 28 / / / 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification shall include a copy of 11 this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 21 directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 23 IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the remedies 27 and relief provided by this Order. Nothing in these provisions should be construed as 28 prohibiting a Non-Party from seeking additional protections. 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party that 6 some or all of the information requested is subject to a confidentiality agreement with 7 a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the Non- 12 Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party 15 may produce the Non-Party’s confidential information responsive to the discovery 16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 17 produce any information in its possession or control that is subject to the 18 confidentiality agreement with the Non-Party before a determination by the court. 19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 20 of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 25 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 26 all unauthorized copies of the Protected Material, (c) inform the person or persons to 27 whom unauthorized disclosures were made of all the terms of this Order, and (d) 28 request such person or persons to execute the “Acknowledgment and Agreement to Be 1 Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 8 may be established in an e-discovery order that provides for production without prior 9 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 10 parties reach an agreement on the effect of disclosure of a communication or 11 information covered by the attorney-client privilege or work product protection, the 12 parties may incorporate their agreement in the stipulated protective order submitted to 13 the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order, no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the specific 25 Protected Material at issue. If a Party’s request to file Protected Material under seal is 26 denied by the court, then the Receiving Party may file the information in the public 27 record unless otherwise instructed by the court. 28 / / / 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 days 3 of a written request by the Designating Party, each Receiving Party must return all 4 Protected Material to the Producing Party or destroy such material. As used in this 5 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 8 must submit a written certification to the Producing Party (and, if not the same person 9 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 10 category, where appropriate) all the Protected Material that was returned or destroyed 11 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 12 compilations, summaries or any other format reproducing or capturing any of the 13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 14 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 15 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 16 attorney work product, and consultant and expert work product, even if such materials 17 contain Protected Material. Any such archival copies that contain or constitute 18 Protected Material remain subject to this Protective Order as set forth in Section 4 19 (DURATION). 20 / / / 21 / / / 22 / / / 23 24 25 26 27 28 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 Dated: LAW OFFICES OF ERIN DARLING
7 , , By: _/si Eytw DAYLLAg 8 ERIN DARLING, ESQ: 9 Attorney for Plaintiff, LISTON GRACE
10 || Dated: MICHAEL N. FEUER, City Attorney KATHLEEN A. KENEALY, Chief Asst. City Atty. 1] SCOTT MARCUS, Senior Asst. City Atty. CORY M. BRENTE, Senior Asst. City Atty. 12 13 By: _/s/ oO Inrckha PF, Bcphert 14 . , Deputy City Attorney ditorneys [or Defendants, CITY OF LOS ANGELES and 15 CHIEF MICHEL MOORE 16 17 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 DATED: 9/23/21] /S/ CHARLES F. EICK 19 HON. CHARLES F. EICK 50 United States Magistrate Judge 21 22 23 24 25 26 27 28 13
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 I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Central District of California on 7 _____________________ in the case of Liston Grace v. City of Los Angeles; Los 8 Angeles Police Department, Chief Michel Moore in his official capacity, and DOES 1 9 to 10, in their official and personal capacities USDC Case No. 2:20-cv-03119-JWH 10 (Ex). I agree to comply with and to be bound by all the terms of this Stipulated 11 Protective Order and I understand and acknowledge that failure to so comply could 12 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 13 that I will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for enforcing the terms of this Stipulated 18 Protective Order, even if such enforcement proceedings occur after termination of this 19 action. I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 28 Signature: __________________________________