Mary Starks v. County of Los Angeles

Opinion

Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 1 of 17 Page ID #:1236

3 6 MARY STARKS, individually and as Case No. 2:21-cv-05209 ODW (GJSx) 7 successor in interest to Decedent RICKIE STARKS, 8 ORDER RE: STIPULATED Plaintiff, PROTECTIVE ORDER 9 v. 10 COUNTY OF LOS ANGELES, a 11 municipal entity, SHERIFF ALEX VILLANUEVA, an individual, 12 DEPUTY TAYLOR INGERSOLL, an individual, and DEPUTY EDWIN 13 BARAJAS, an individual, and DOES 1-10, inclusive 14 Defendant. 15 17 1. A. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 proprietary or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may 21 be warranted. Accordingly, the parties hereby stipulate to and petition the Court 22 to enter the following Stipulated Protective Order. The parties acknowledge that 23 this Order does not confer blanket protections on all disclosures or responses to 24 discovery and that the protection it affords from public disclosure and use extends 25 only to the limited information or items that are entitled to confidential treatment 26 under the applicable legal principles. 28 This action is likely to involve confidential information pertaining to 1 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 2 of 17 Page ID #:1237

1 personnel records and other materials subject to privacy protections for which 2 special protection from public disclosure and from use for any purpose other than 3 prosecution of this action is warranted. Limiting disclosure of these documents to 4 the context of this litigation as provided herein will, accordingly, further important 5 law enforcement objections and interests, including the safety of personnel and the 6 public, as well as individual privacy rights of plaintiff, the individual defendants, 7 and third parties. Such confidential materials and information consist of, among 8 other things, materials entitled to privileges and/or protections under the 9 following: United States Constitution, First Amendment; the California 10 Constitution, Article I, Section 1; California Penal Code §§ 832.5, 832.7 and 11 832.8; California Evidence Code §§ 1040 and 1043 et. seq; the Privacy Act of 12 1974, 5 U.S.C. § 552; Health Insurance Portability and Accountability Act of 1996 13 (HIPPA); the right to privacy; decisional law relating to such provisions; and 14 information otherwise generally unavailable to the public, or which may be 15 privileged or otherwise protected from disclosure under state or federal statutes, 16 court rules, case decisions, or common law. Defendants also contend that such 17 confidential materials and information consist of materials entitled to the Official 18 Information Privilege. 19 Confidential information with respect to the Defendants may include, but is 20 not limited to: personnel files; internal investigative files and documents; email 21 and written correspondence records; and policies and procedures that are kept from 22 the public in the ordinary course of business, as well as other information that is 23 not generally available to the public and is subject to the Official Information 24 Privilege and other privileges. Confidential information with financial records; 25 email and written correspondence records; video footage and/or photographs of 26 the incident; and psychological and medical notes, evaluations, reports, and 27 treatment plans. 28 2 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 3 of 17 Page ID #:1238

1 Testimony taken at a deposition may be designated as Confidential by 2 making a statement to that effect on the record at the deposition. Arrangements 3 shall be made with the court reporter transcribing the deposition to separately bind 4 such portions of the transcript containing information designated as Confidential, 5 and to label such portions appropriately. 6 The parties reserve the right to challenge a designation of confidentiality 7 pursuant to the terms set forth under Paragraph 6 of this Order. 8 Accordingly, to expedite the flow of information, to facilitate the prompt 9 resolution of disputes over confidentiality of discovery materials, to adequately 10 protect information the parties are entitled to keep confidential, to ensure that the 11 parties are permitted to reasonably use such material in preparation for and in 12 conduct of trial, to address their handling at the end of the litigation, and serve the 13 ends of justice, a protective order for such information is justified in this matter. It 14 is the intent of the parties that information will not be designated as confidential 15 for tactical reasons and that nothing be so designated without a good faith belief 16 that it has been maintained in a confidential, non-public manner, and there is good 17 cause why it should not be part of the public record of this case. 20 The parties further acknowledge, as set forth in Section 12.3, below, that 21 this Stipulated Protective Order does not entitle them to file confidential 22 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 23 be followed and the standards that will be applied when a party seeks permission 24 from the court to file material under seal. 25 There is a strong presumption that the public has a right of access to judicial 26 proceedings and records in civil cases. In connection with non-dispositive 27 motions, good cause must be shown to support a filing under seal. See Kamakana 28 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 3 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 4 of 17 Page ID #:1239

1 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 2 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 3 protective orders require good cause showing), and a specific showing of good 4 cause or compelling reasons with proper evidentiary support and legal 5 justification, must be made with respect to Protected Material that a party seeks to 6 file under seal. The parties’ mere designation of Disclosure or Discovery Material 7 as CONFIDENTIAL does not—without the submission of competent evidence by 8 declaration, establishing that the material sought to be filed under seal qualifies as 9 confidential, privileged, or otherwise protectable—constitute good cause. 10 Further, if a party requests sealing related to a dispositive motion or trial, 11 then compelling reasons, not only good cause, for the sealing must be shown, and 12 the relief sought shall be narrowly tailored to serve the specific interest to be 13 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 14 2010). For each item or type of information, document, or thing sought to be filed 15 or introduced under seal in connection with a dispositive motion or trial, the party 16 seeking protection must articulate compelling reasons, supported by specific facts 17 and legal justification, for the requested sealing order. Again, competent evidence 18 supporting the application to file documents under seal must be provided by 19 declaration. 20 Any document that is not confidential, privileged, or otherwise protectable 21 in its entirety will not be filed under seal if the confidential portions can be 22 redacted. If documents can be redacted, then a redacted version for public 23 viewing, omitting only the confidential, privileged, or otherwise protectable 24 portions of the document, shall be filed. Any application that seeks to file 25 documents under seal in their entirety should include an explanation of why 26 redaction is not feasible. 27 / / / 28 / / / 4 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 5 of 17 Page ID #:1240

1 2. DEFINITIONS 2 2.1 Action: Mary Starks v. County of Los Angeles, et al., Case No. 2:21- 3 cv-05209 ODW (GJSx). 4 2.2 Challenging Party: a Party or Non-Party that challenges the 5 designation of information or items under this Order. 6 2.3 “CONFIDENTIAL” Information or Items: information (regardless 7 of how it is generated, stored or maintained) or tangible things that qualify for 8 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 9 the Good Cause Statement. 10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 11 their support staff). 12 2.5 Designating Party: a Party or Non-Party that designates information 13 or items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 2.6 Disclosure or Discovery Material: all items or information, 16 regardless of the medium or manner in which it is generated, stored, or maintained 17 (including, among other things, testimony, transcripts, and tangible things), that 18 are produced or generated in disclosures or responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience in a 20 matter pertinent to the litigation who has been retained by a Party or its counsel to 21 serve as an expert witness or as a consultant in this Action. 22 2.8 House Counsel: attorneys who are employees of a party to this 23 Action. House Counsel does not include Outside Counsel of Record or any other 24 outside counsel. 25 2.9 Non-Party: any natural person, partnership, corporation, association 26 or other legal entity not named as a Party to this action. 27 2.10 Outside Counsel of Record: attorneys who are not employees of a 28 party to this Action but are retained to represent or advise a party to this Action 5 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 6 of 17 Page ID #:1241

1 and have appeared in this Action on behalf of that party or are affiliated with a law 2 firm that has appeared on behalf of that party, and includes support staff. 3 2.11 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and 5 their support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.13 Professional Vendors: persons or entities that provide litigation 9 support services (e.g., photocopying, videotaping, translating, preparing exhibits 10 or demonstrations, and organizing, storing, or retrieving data in any form or 11 medium) and their employees and subcontractors. 12 2.14 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL.” 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations by Parties or their Counsel that might reveal Protected Material. 22 Any use of Protected Material at trial shall be governed by the orders of the 23 trial judge. This Order does not govern the use of Protected Material at trial. 24 4. DURATION 25 FINAL DISPOSITION of the action is defined as the conclusion of any 26 appellate proceedings, or, if no appeal is taken, when the time for filing of an 27 appeal has run. Except as set forth below, the terms of this protective order apply 28 through FINAL DISPOSITION of the action. The parties may stipulate that the 6 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 7 of 17 Page ID #:1242

1 they will be contractually bound by the terms of this agreement beyond FINAL 2 DISPOSITION, but will have to file a separate action for enforcement of the 3 agreement once all proceedings in this case are complete. 4 Once a case proceeds to trial, information that was designated as 5 CONFIDENTIAL or maintained pursuant to this protective order used or 6 introduced as an exhibit at trial becomes public and will be presumptively 7 available to all members of the public, including the press, unless compelling 8 reasons supported by specific factual findings to proceed otherwise are made to 9 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 10 (distinguishing “good cause” showing for sealing documents produced in 11 discovery from “compelling reasons” standard when merits-related documents are 12 part of court record). Accordingly, for such materials, the terms of this protective 13 order do not extend beyond the commencement of the trial. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each Party or Non-Party that designates information or items for protection under 17 this Order must take care to limit any such designation to specific material that 18 qualifies under the appropriate standards. The Designating Party must designate 19 for protection only those parts of material, documents, items or oral or written 20 communications that qualify so that other portions of the material, documents, 21 items or communications for which protection is not warranted are not swept 22 unjustifiably within the ambit of this Order. 23 Mass, indiscriminate or routinized designations are prohibited. 24 Designations that are shown to be clearly unjustified or that have been made for 25 an improper purpose (e.g., to unnecessarily encumber the case development 26 process or to impose unnecessary expenses and burdens on other parties) may 27 expose the Designating Party to sanctions. 28 / / / 7 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 8 of 17 Page ID #:1243

1 If it comes to a Designating Party’s attention that information or items that 2 it designated for protection do not qualify for protection, that Designating Party 3 must promptly notify all other Parties that it is withdrawing the inapplicable 4 designation. 5 5.2 Manner and Timing of Designations. Except as otherwise provided 6 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 7 stipulated or ordered, Disclosure or Discovery Material that qualifies for 8 protection under this Order must be clearly so designated before the material is 9 disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial 13 proceedings), that the Producing Party affix at a minimum, the legend 14 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 15 contains protected material. If only a portion of the material on a page qualifies 16 for protection, the Producing Party also must clearly identify the protected 17 portion(s) (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents available for 19 inspection need not designate them for protection until after the inspecting Party 20 has indicated which documents it would like copied and produced. During the 21 inspection and before the designation, all of the material made available for 22 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 23 identified the documents it wants copied and produced, the Producing Party must 24 determine which documents, or portions thereof, qualify for protection under this 25 Order. Then, before producing the specified documents, the Producing Party must 26 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 27 If only a portion of the material on a page qualifies for protection, the Producing 28 / / / 8 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 9 of 17 Page ID #:1244

1 Party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party 4 identifies the Disclosure or Discovery Material on the record, before the close of 5 the deposition all protected testimony. 6 (c) for information produced in some form other than documentary and 7 for any other tangible items, that the Producing Party affix in a prominent place on 8 the exterior of the container or containers in which the information is stored the 9 legend “CONFIDENTIAL.” If only a portion or portions of the information 10 warrants protection, the Producing Party, to the extent practicable, shall identify 11 the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such 15 material. Upon timely correction of a designation, the Receiving Party must make 16 reasonable efforts to assure that the material is treated in accordance with the 17 provisions of this Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process under Local Rule 37.1 et seq. 24 6.3 The burden of persuasion in any such challenge proceeding shall be 25 on the Designating Party. Frivolous challenges, and those made for an improper 26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 parties) may expose the Challenging Party to sanctions. Unless the Designating 28 Party has waived or withdrawn the confidentiality designation, all parties shall 9 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 10 of 17 Page ID #:1245

1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that 6 is disclosed or produced by another Party or by a Non-Party in connection with 7 this Action only for prosecuting, defending or attempting to settle this Action. 8 Such Protected Material may be disclosed only to the categories of persons and 9 under the conditions described in this Order. When the Action has been 10 terminated, a Receiving Party must comply with the provisions of section 13 below 11 (FINAL 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 20 well as employees of said Outside Counsel of Record to whom it is reasonably 21 necessary to disclose the information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) of 23 the 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; 28 (e) court reporters and their staff; 10 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 11 of 17 Page ID #:1246

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 5 a custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in 7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 8 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 9 they will not be permitted to keep any confidential information unless they sign 10 the “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 13 be separately bound by the court reporter and may not be disclosed to anyone 14 except as 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 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification 23 shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or 25 order to issue in the other litigation that some or all of the material covered by the 26 subpoena or order is subject to this Protective Order. Such notification shall 27 include a copy of this Stipulated Protective Order; and 28 / / / 11 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 12 of 17 Page ID #:1247

1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served 4 with the subpoena or court order shall not produce any information designated in 5 this action as “CONFIDENTIAL” before a determination by the court from which 6 the subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action 10 to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non- 23 Party that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 / / / 12 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 13 of 17 Page ID #:1248

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 4 14 days of receiving the notice and accompanying information, the Receiving 5 Party may produce the Non-Party’s confidential information responsive to the 6 discovery request. If the Non-Party timely seeks a protective order, the Receiving 7 Party shall not produce any information in its possession or control that is subject 8 to the confidentiality agreement with the Non-Party before a determination by the 9 court. Absent a court order to the contrary, the Non-Party shall bear the burden 10 and expense of seeking protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has 13 disclosed Protected Material to any person or in any circumstance not authorized 14 under this Stipulated Protective Order, the Receiving Party must immediately (a) 15 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 16 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 17 the person or persons to whom unauthorized disclosures were made of all the terms 18 of this Order, and (d) request such person or persons to execute the 19 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 20 A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 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 25 protection, the obligations of the Receiving Parties are those set forth in Federal 26 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 27 whatever procedure may be established in an e-discovery order that provides for 28 production without prior privilege review. Pursuant to Federal Rule of Evidence 13 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 14 of 17 Page ID #:1249

1 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 2 of a communication or information covered by the attorney-client privilege or 3 work product protection, the parties may incorporate their agreement in the 4 stipulated protective order submitted to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of 7 any person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective 13 Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79-5. Protected Material 16 may only be filed under seal pursuant to a court order authorizing the sealing of 17 the specific Protected Material at issue. If a Party’s request to file Protected 18 Material under seal is denied by the court, then the Receiving Party may file the 19 information in the public record unless otherwise instructed by the court. 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 22 60 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of 26 the Protected Material. Whether the Protected Material is returned or destroyed, 27 the Receiving Party must submit a written certification to the Producing Party 28 (and, if not the same person or entity, to the Designating Party) by the 60 day 14 Case 2:21-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page 15 of 17 Page ID #:1250

1 deadline that (1) identifies (by category, where appropriate) all the Protected 2 Material that was returned or destroyed and (2) affirms that the Receiving Party 3 has not retained any copies, abstracts, compilations, summaries or any other format 4 reproducing or capturing any of the Protected Material. Notwithstanding this 5 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 6 papers, trial, deposition, and hearing transcripts, legal memoranda, 7 correspondence, deposition and trial exhibits, expert reports, attorney work 8 product, and consultant and expert work product, even if such materials contain 9 Protected Material. Any such archival copies that contain or constitute Protected 10 Material remain subject to this Protective Order as set forth in Section 4 11 (DURATION). 12 / / / 13 / // 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 15 Case 2121-cv-05209-ODW-GJS Document 54 Filed 12/20/22 Page16o0f17 Page ID#:1251

1 || 14. VIOLATION 2 |} Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: 12/14/2022 | 8 /s/Marcel Sincich 9 Attorneys for Plaintiff

10 11 || DATED: 12/14/2022 12 13 /s/Ayang J. Inyang 4 Attorneys for Defendant

15 16 17 18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 || DATED: _December 20, 2022 21 22 23 || United States Magistrate Judge 24 25 26 27 28 16

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3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of 7 California on [date] in the case of ___________ Mary Starks v. County of Los 8 Angeles, et al., Case No. 2:21-CV-05209 ODW (GJSx). I agree to comply with 9 and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination 18 of this action. I hereby appoint __________________________ [print or type 19 full name] of _______________________________________ [print or type full 20 address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 17