Luke Carlson v. City of Redondo Beach

• Court: District Court, C.D. California
• Decided: July 10, 2020
• Docket: 2:20-cv-00259
• Status: Unknown

Opinion

LAW OFFICES OF DALE K. GALIPO ! || Dale K. Galipo, Esq. (SBN 144074) dalekgalipo @yahoo.com 2 ||Marcel F. Sincich, Esq. (SBN 319508) msincich@ galipolaw, com 3 ||21800 Burbank Blvd., Suite 310 Woodland Hills, CA 91367 4 || Tel: (818) 347-3333 | Fax: (818) 347-4118 5 Attorneys for Plaintiffs 6 || Mildred K. O’Linn (State Bar No. 159055) mko@manningllp.com 7 || Michael R. Watts (State Bar No. 312210) are Srwanninglip. com g || MANNING & SS ELLROD, RAMIREZ, TRESTER LLP g || 801 S. Figueroa St, 15 Floor Los Angeles, California 90017-3012 10 || Telephone: (213) 624-6900 Facsimile: (213) 624-6999 Attorneys for Defendants 12 13 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 15 LUKE CARLSON; JEANNE -9-70—cev— 16 || ZIMMER: and JEEFERY rae No.: 2:20-cv—00259 ODW CARLSON, ( x)

18 Plaintiffs, [Honorable Otis D. Wright, IT) VS. Magistrate Judge Alexander F. 19 MacKinnon CITY OF REDONDO BEACH; 20 || RYAN CRESPIN; PATRICK KNOX; MARK VALDIVIA; and STIPULATED PROTECTIVE 21 || DOES | through 10, inclusive, ORDER 22 Defendants. 23 [Discovery Document: Referred to Magistrate Judge Alexander F. 24 MacKinnon] 25 26 27 28

1 1. A. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than 5 prosecuting this litigation may be warranted. Accordingly, the parties hereby 6 stipulate to and petition the Court to enter the following Stipulated Protective 7 Order. The parties acknowledge that this Order does not confer blanket 8 protections on all disclosures or responses to discovery and that the protection it 9 affords from public disclosure and use extends only to the limited information or 10 items that are entitled to confidential treatment under the applicable legal 11 principles. The parties further acknowledge, as set forth in Section 13.3, below, 12 that this Stipulated Protective Order does not entitle them to file confidential 13 information under seal; Civil Local Rule 79-5 sets forth the procedures that must 14 be followed and the standards that will be applied when a party seeks permission 15 from the court to file material under seal. 16 B. GOOD CAUSE STATEMENT 17 This action involves the officer-involved shooting of Luke Carlson on 18 January 8, 2019. Following the shooting, the Los Angeles County District 19 Attorney’s (“LADA”) office conducted an investigation into the shooting. The 20 LADA’s investigative report concerning the shooting contains numerous police 21 reports, witness statements, reports of evidence analysis prepared by the Los 22 Angeles County Crime Lab, and numerous audio and video recordings, among 23 other items (collectively, “LADA Report”). Other law enforcement agencies, 24 including the Los Angeles County Sheriff's Department and Defendant City of 25 Redondo Beach, may also have performed some aspects of this investigation. 26 Special protection of these documents from public disclosure and from use for any 27 purpose other than the prosecution, defense, and attempted settlement of this 1 materials and information, information otherwise generally unavailable to the 2 public, may be privileged or otherwise protected from disclosure under state or 3 federal statutes, court rules, case decisions, or common law. Accordingly, to 4 expedite the flow of information, to facilitate the prompt resolution of disputes 5 over confidentiality of discovery materials, to adequately protect information the 6 parties are entitled to keep confidential, to ensure that the parties are permitted 7 reasonable necessary uses of such material in preparation for and in the conduct of 8 trial, to address their handling at the end of the litigation, and serve the ends of 9 justice, a protective order for such information is justified in this matter. It is the 10 intent of the parties that information will not be designated as confidential for 11 tactical reasons and that nothing be so designated without a good faith belief that 12 it has been maintained in a confidential, non-public manner, and there is good 13 cause why it should not be part of the public record of this case. 14 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING 15 UNDER SEAL 16 The parties further acknowledge, as set forth in Section 12.3, below, that 17 this Stipulated Protective Order does not entitle them to file confidential 18 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 19 be followed and the standards that will be applied when a party seeks permission 20 from the court to file material under seal. 21 There is a strong presumption that the public has a right of access to judicial 22 proceedings and records in civil cases. In connection with non-dispositive 23 motions, good cause must be shown to support a filing under seal. See Kamakana 24 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 25 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 26 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 27 protective orders require good cause showing), and a specific showing of good 1 justification, must be made with respect to Protected Material that a party seeks to 2 file under seal. The parties’ mere designation of Disclosure or Discovery Material 3 as CONFIDENTIAL does not—without the submission of competent evidence by 4 declaration, establishing that the material sought to be filed under seal qualifies as 5 confidential, privileged, or otherwise protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, 7 then compelling reasons, not only good cause, for the sealing must be shown, and 8 the relief sought shall be narrowly tailored to serve the specific interest to be 9 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 10 2010). For each item or type of information, document, or thing sought to be filed 11 or introduced under seal in connection with a dispositive motion or trial, the party 12 seeking protection must articulate compelling reasons, supported by specific facts 13 and legal justification, for the requested sealing order. Again, competent evidence 14 supporting the application to file documents under seal must be provided by 15 declaration. 16 Any document that is not confidential, privileged, or otherwise protectable 17 in its entirety will not be filed under seal if the confidential portions can be 18 redacted. If documents can be redacted, then a redacted version for public 19 viewing, omitting only the confidential, privileged, or otherwise protectable 20 portions of the document, shall be filed. Any application that seeks to file 21 documents under seal in their entirety should include an explanation of why 22 redaction is not feasible. 23 2. DEFINITIONS 24 2.1 Action: This pending federal law suit. 25 2.2 Challenging Party: a Party or Non-Party that challenges the 26 designation of information or items under this Order. 27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 1 protection under Federal Rule of Civil Procedure 26(c). 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information 5 or items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained 9 (including, among other things, testimony, transcripts, and tangible things), that 10 are produced or generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a 12 matter pertinent to the litigation who has been retained by a Party or its counsel to 13 serve as an expert witness or as a consultant in this Action. 14 2.8 House Counsel: attorneys who are employees of a party to this 15 action. House Counsel does not include Outside Counsel of Record or any other 16 outside counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association, 18 or other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a 20 party to this action but are retained to represent or advise a party to this action and 21 have appeared in this action on behalf of that party or are affiliated with a law firm 22 which has appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and 25 their support staffs). 26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this action. 1 support services (e.g., photocopying, videotaping, translating, preparing exhibits 2 or demonstrations, and organizing, storing, or retrieving data in any form or 3 medium) and their employees and subcontractors. 4 2.14 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL.” 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery 7 Material from a Producing Party. 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or 11 extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 compilations of Protected Material; and (3) any testimony, conversations, or 13 presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Materials at trial. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations 18 imposed by this Order shall remain in effect until a Designating Party agrees 19 otherwise in writing or a court order otherwise directs. Final disposition shall be 20 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 21 with or without prejudice; and (2) final judgment herein after the completion and 22 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 23 including the time limits for filing any motions or applications for extension of 24 time pursuant to applicable law. 25 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for 27 Protection. Each Party or Non-Party that designates information or items for 1 material that qualifies under the appropriate standards. The Designating Party 2 must designate for protection only those parts of material, documents, items, or 3 oral or written communications that qualify so that other portions of the material, 4 documents, items, or communications for which protection is not warranted are 5 not swept unjustifiably within the ambit of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. 7 Designations that are shown to be clearly unjustified or that have been made for 8 an improper purpose (e.g., to unnecessarily encumber or retard the case 9 development process or to impose unnecessary expenses and burdens on other 10 parties) expose the Designating Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that 12 it designated for protection do not qualify for protection, that Designating Party 13 must promptly notify all other Parties that it is withdrawing the inapplicable 14 designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided 16 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 17 stipulated or ordered, Disclosure or Discovery Material that qualifies for 18 protection under this Order must be clearly so designated before the material is 19 disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” 24 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 25 material. If only a portion or portions of the material on a page qualifies for 26 protection, the Producing Party also must clearly identify the protected portion(s) 27 (e.g., by making appropriate markings in the margins). 1 A Party or Non-Party that makes original documents available for 2 inspection need not designate them for protection until after the inspecting Party 3 has indicated which documents it would like copied and produced. During the 4 inspection and before the designation, all of the material made available for 5 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 6 identified the documents it wants copied and produced, the Producing Party must 7 determine which documents, or portions thereof, qualify for protection under this 8 Order. Then, before producing the specified documents, the Producing Party must 9 affix the “CONFIDENTIAL legend” to each page that contains Protected 10 Material. If only a portion of the material on a page qualifies for protection, the 11 Producing Party also must clearly identify the protected portion(s) (e.g., by 12 making appropriate markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identifies 14 the Disclosure or Discovery Material on the record, before the close of the 15 deposition all protected testimony. Any questions intended to elicit testimony 16 regarding the contents of the Confidential Information shall be conducted only in 17 the presence of persons authorized to review the Confidential Information as 18 provided in this Order. Any deposition transcript containing such questions and 19 testimony shall be subject to the same protections and precautions applicable to 20 the Confidential Information. When it is impractical to identify separately each 21 portion of testimony that is entitled to protection and it appears that substantial 22 portions of the testimony may qualify for protection, the Designating Party may 23 invoke on the record (before the deposition, hearing, or other proceeding is 24 concluded) a right to have up to 21 days to identify the specific portions of the 25 testimony as to which protection is sought and to specify the level of protection 26 being asserted. Only those portions of the testimony that are appropriately 27 designated for protection within the 21 days shall be covered by the provisions of 1 at the deposition or up to 21 days afterwards if that period is properly invoked, 2 that the entire transcript shall be treated as “CONFIDENTIAL”. 3 Parties shall give the other parties notice if they reasonably expect a 4 deposition, hearing or other proceeding to include Protected Material so that the 5 other parties can ensure that only authorized individuals who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Doc. 59, Exhibit A) are present 7 at those proceedings. The use of a document as an exhibit at a deposition shall not 8 in any way affect its designation as “CONFIDENTIAL”. 9 Transcripts containing Protected Material shall have an obvious legend on 10 the title page that the transcript contains Protected Material, and the title page 11 shall be followed by a list of all pages (including line numbers as appropriate) that 12 have been designated as Protected Material and the level of protection being 13 asserted by the Designating Party. The Designating Party shall inform the court 14 reporter of these requirements. Any transcript that is prepared before the 15 expiration of a 21-day period for designation shall be treated during that period as 16 if it had been designated “CONFIDENTIAL” in its entirety unless otherwise 17 agreed. After the expiration of that period, the transcript shall be treated only as 18 actually designated. 19 (c) for information produced in some form other than documentary and for 20 any other tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information is stored the 22 legend “CONFIDENTIAL.” If only a portion or portions of the information 23 warrants protection, the Producing Party, to the extent practicable, shall identify 24 the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 26 failure to designate qualified information or items does not, standing alone, waive 27 the Designating Party’s right to secure protection under this Order for such 1 reasonable efforts to assure that the material is treated in accordance with the 2 provisions of this 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 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 Joint Stipulation. Any challenge submitted to the Court shall be via a 10 joint stipulation pursuant to Local Rule 37-2. 11 6.3 Judicial Intervention. The burden of persuasion in any such 12 challenge proceeding shall be on the Designating Party. Frivolous challenges, and 13 those made for an improper purpose (e.g., to harass or impose unnecessary 14 expenses and burdens on other parties) may expose the Challenging Party to 15 sanctions. Unless the Designating Party has waived the confidentiality 16 designation by failing to file a motion to retain confidentiality as described above, 17 all parties shall continue to afford the material in question the level of protection 18 to which it is entitled under the Producing Party’s designation until the court rules 19 on the challenge. 20 7. ACCESS TO AND USE OF PROTECTED MATERIAL 21 7.1 Basic Principles. A Receiving Party may use Protected Material that 22 is disclosed or produced by another Party or by a Non-Party in connection with 23 this case only for prosecuting, defending, or attempting to settle this litigation. 24 Such Protected Material may be disclosed only to the categories of persons and 25 under the conditions described in this Order. When the litigation has been 26 terminated, a Receiving Party must comply with the provisions of section 13 27 below (FINAL DISPOSITION). 1 location and in a secure manner that ensures that access is limited to the persons 2 authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 4 otherwise ordered by the court or permitted in writing by the Designating Party, a 5 Receiving Party may disclose any information or item designated 6 “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this action, as 8 well as employees of said Outside Counsel of Record to whom it is reasonably 9 necessary to disclose the information for this Action; 10 (b) the officers, directors, and employees (including House Counsel) of 11 the Receiving Party to whom disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this litigation and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the Court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this litigation and who 19 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses, and attorneys for witnesses, in the 23 Action to whom disclosure is reasonably necessary provided: (1) the deposing 24 party requests that the “Acknowledgment and Agreement to Be Bound;” and (2) 25 they will not be permitted to keep any confidential information unless they sign 26 the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by 27 the Designating Party or ordered by the Court. Pages of transcribed deposition 1 separately bound by the court reporter and may not be disclosed to anyone except 2 as permitted under this Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 6 PRODUCED IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other 8 litigation that compels disclosure of any information or items designated in this 9 action as “CONFIDENTIAL,” that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification 11 shall include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or 13 order to issue in the other litigation that some or all of the material covered by the 14 subpoena or order is subject to this Protective Order. Such notification shall 15 include a copy of this Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to be 17 pursued by the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served 19 with the subpoena or court order shall not produce any information designated in 20 this action as “CONFIDENTIAL” before a determination by the court from which 21 the subpoena or order issued, unless the Party has obtained the Designating 22 Party’s permission. The Designating Party shall bear the burden and expense of 23 seeking protection in that court of its confidential material – and nothing in these 24 provisions should be construed as authorizing or encouraging a Receiving Party in 25 this action to disobey a lawful directive from another court. 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 1 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 2 produced by Non-Parties in connection with this litigation is protected by the 3 remedies and relief provided by this Order. Nothing in these provisions should be 4 construed as prohibiting a Non-Party from seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, to 6 produce a Non-Party’s confidential information in its possession, and the Party is 7 subject to an agreement with the Non-Party not to produce the Non-Party’s 8 confidential information, then the Party shall: 9 1) promptly notify in writing the Requesting Party and the Non- 10 Party that some or all of the information requested is subject to a confidentiality 11 agreement with a Non-Party; 12 2) promptly provide the Non-Party with a copy of the Stipulated 13 Protective Order in this litigation, the relevant discovery request(s), and a 14 reasonably specific description of the information requested; and 15 3) make the information requested available for inspection by the 16 Non-Party. 17 (c) If the Non-Party fails to object or seek a protective order from this 18 Court within 14 days of receiving the notice and accompanying information, the 19 Receiving Party may produce the Non-Party’s confidential information responsive 20 to the discovery request. If the Non-Party timely seeks a protective order, the 21 Receiving Party shall not produce any information in its possession or control that 22 is subject to the confidentiality agreement with the Non-Party before a 23 determination by the court. Absent a court order to the contrary, the Non-Party 24 shall bear the burden and expense of seeking protection in this court of its 25 Protected Material. 26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has 1 under this Stipulated Protective Order, the Receiving Party must immediately (a) 2 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 3 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 4 inform the person or persons to whom unauthorized disclosures were made of all 5 the terms of this Order, and (d) request such person or persons to execute the 6 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 7 A. 8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 9 OTHERWISE PROTECTED MATERIAL 10 When a Producing Party gives notice to Receiving Parties that certain 11 inadvertently produced material is subject to a claim of privilege or other 12 protection, the obligations of the Receiving Parties are those set forth in Federal 13 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 14 whatever procedure may be established in an e-discovery order that provides for 15 production without prior privilege review. Pursuant to Federal Rule of Evidence 16 502(d) and (e), insofar as the parties reach an agreement on the effect of 17 disclosure of a communication or information covered by the attorney-client 18 privilege or work product protection, the parties may incorporate their agreement 19 in the Stipulated Protective Order submitted to the Court. 20 12. MISCELLANEOUS 21 12.1 Right to Further Relief. Nothing in this Order abridges the right of 22 any person to seek its modification by the Court in the future. 23 12.2 Right to Assert Other Objections. By stipulating to the entry of this 24 Protective Order no Party waives any right it otherwise would have to object to 25 disclosing or producing any information or item on any ground not addressed in 26 this Stipulated Protective Order. Similarly, no Party waives any right to object on 27 any ground to use in evidence of any of the material covered by this Protective 1 12.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Civil Local Rule 79-5. Protected Material 3 may only be filed under seal pursuant to a court order authorizing the sealing of 4 the specific Protected Material at issue. If a Receiving Party’s request to file 5 Protected Material under seal is denied by the Court, then the Receiving Party 6 may file the information in the public record unless otherwise instructed by the 7 Court. 8 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in Section 4, within 10 sixty (60) days of a written request by the Designating Party, each Receiving Party 11 must return all Protected Material to the Producing Party or destroy such material. 12 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 13 compilations, summaries, and any other format reproducing or capturing any of 14 the Protected Material. Whether the Protected Material is returned or destroyed, 15 the Receiving Party must submit a written certification to the Producing Party 16 (and, if not the same person or entity, to the Designating Party) by the 60 day 17 deadline that (1) identifies (by category, where appropriate) all the Protected 18 Material that was returned or destroyed and (2) affirms that the Receiving Party 19 has not retained any copies, abstracts, compilations, summaries or any other 20 format reproducing or capturing any of the Protected Material. Notwithstanding 21 this provision, Counsel are entitled to retain an archival copy of all pleadings, 22 motion papers, trial, deposition, and hearing transcripts, legal memoranda, 23 correspondence, deposition and trial exhibits, expert reports, attorney work 24 product, and consultant and expert work product, even if such materials contain 25 Protected Material. Any such archival copies that contain or constitute Protected 26 Material remain subject to this Protective Order as set forth in Section 4 27 (DURATION). 1 }}14. VIOLATION 2 Any violation of this Order may be punished by any and all appropriate 3 || measures including, without limitation, contempt proceedings and/or monetary 4 || sanctions. 6 IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 ||Dated: July 13, 2020 LAW OFFICES OF DALE K. GALIPO 10 By: __/s/ Dale K. Galipo Dale K. Galipo, Esq. ll Marcel F. Sincich, Esq. ! Attorney for Plaintiffs 12 Dated: July 13, 2020 MANNING & KASS ELLROD, 13 RAMIREZ, TRESTER LLP 14 15 By: __/s/ Michael Watts 16 Mildred K. O’ Linn, Esq. Tori L.N. Bakken, Esq. 17 Michael Watts, Esq. 18 Attorneys for Defendants, CITY OF REDONDO BEACH, 19 RYAN CRESPIN, PATRICK 0 KNOX, AND MARK VALDIVIA 2! || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 DATED: — 7/10/2020 °

24 Honorable Alexander F. MacKinnon 25 United States Magistrate Judge 26 27 |! I, Marcel F. Sincich, hereby attest that all the signatories listed, and on whose behalf the filing 28 is submitted, concur in the content of this Joint Scheduling Conference Report and have authorized its filing.

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, [print or type full name], of 5 [print or type full address], declare 6 || under penalty of perjury that I have read in its entirety and understand the 7 || Stipulated Protective Order that was issued by the United States District Court for 8 || the Central District of California on [date] in the case of 9 || Carlson et al. v. City of Redondo Beach et al.; Case No.: 2:20-—cv—00259 ODW 10 ||(AFMx). I agree to comply with and to be bound by all the terms of this 11 Stipulated Protective Order and I understand and acknowledge that failure to so 12 ||comply could expose me to sanctions and punishment in the nature of contempt. I 13 ||solemnly promise that I will not disclose in any manner any information or item 14 || that is subject to this Stipulated Protective Order to any person or entity except in 15 || strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 || Court for the Central District of California for the purpose of enforcing the terms 18 || of this Stipulated Protective Order, even if such enforcement proceedings occur 19 || after termination of this action. I hereby appoint 20 || [print or type full name] of [print 21 |/or type full address and telephone number] as my California agent for service of 22 || process in connection with this action or any proceedings related to enforcement 23 || of this Stipulated Protective Order. 24 25 || Date: Signature: 26 Printed Name: 27 28 City and State where sworn and signed: