Estate of Norma Guzman et al v. City of Los Angeles et al

Filing 42

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Notice of Lodging 33 (see attached) (jm)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ESTATE OF NORMA GUZMAN, by and )
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through successor in interest, GLORIA
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GONZALEZ, individually
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Plaintiffs,
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vs.
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CITY OF LOS ANGELES, DOE
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OFFICERS 1 through 5, and DOES 6
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through 10, INCLUSIVE, and DOES 1
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through 10,
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Defendants.
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__________________________________ )
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MARCOS CASTANEDA, et al.
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Plaintiffs
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vs.
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CITY OF LOS ANGELES, et al.
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Defendants.
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Case No. CV15-7932 JAK (FFM)
Consolidated with CV16-03101 JAK (FFMx)
Hon Judge: John A. Kronstadt; Ctrm 750
Hon Magistrate Judge: Frederick F. Mumm

[PROPOSED] PROTECTIVE
ORDER RE FID REPORT

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
I. PROTECTIVE ORDER PERSONNEL RELATED DOCUMENTS

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After the Plaintiff ESTATE OF NORMA GUZMAN, by and through successor in

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interest, GLORIA GONZALEZ, individually, by and through her attorneys of record,

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Arnold Casillas, Esq. of Casillas & Associates, Plaintiff MARCOS CASTANEDA,

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individually and as Successor in Interest of Decedent Norma Angelica Guzman; E.C., a

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minor, by and through his Guardian ad litem MARCOS CASTANEDA, individually, and

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as Successor in Interest of Decedent Norma Angelica Guzman, by and through
successors in interest, MARCOS CASTANEDA and E.C., a minor, by and through his
Guardian Ad litem MARCOS CASTANEDA, by and through his attorney Stephen
Bernard, Esq. of Bernard & Bernard, and Defendant CITY OF LOS ANGELES, a local
public entity, (hereinafter referred to as “Defendants”), by and through their attorneys of

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record, Michael N. Feuer, City Attorney, Cory M. Brente, Supervising Assistant City
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Attorney and Christian R. Bojorquez conferred regarding the Production of Personnel
Documents - any Complaints of Excessive Force and Discipline for Excessive Force, as
well as any Complaints for false statements and/or dishonesty/untruthfulness with respect
to the involved Officers and the Force Investigation Division Report, among other items,

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IT IS HEREBY ORDERED, pursuant to the stipulation of the parties that the following

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Protective Order, and its terms shall govern documents and things in this matter:

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For purposes of this Order, Confidential Materials include, but are not limited to
the following categories:
1.

Requested Force Investigation Division Reports as follows:

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a.

Force Investigation Division Investigation Records;

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b.

Any and all documents, interviews, Officer Statements and/or

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writings created during such Investigation, which include, but are not

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limited to, the following:

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Force Investigation Division Records

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Interviews;
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Officer Statements, whether written or recorded;

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Body Camera Footage;

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Legend w/diagram;

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Pictures - Which coincide with an Officer(s) compelled statement

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which were intended to reflect the Officer’s stated or perception of

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events;

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Investigative Internal Narrative Memoranda;

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Administrative Documents Regarding Investigation & its Outcome

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All addenda.

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3.

GOOD CAUSE STATEMENT
The Force Investigation Division (hereinafter "FID") of the Los Angeles Police

Department and the Internal Affairs and/or Complaint Investigators conduct internal
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administrative investigations of categorical officer-involved uses of force and internal
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complaints and external citizen complaints of police misconduct. In this abovecaptioned matter an FID Investigation was conducted. As a result, the Parties have
agreed to this Proposed Protective Order covering the Investigation and its contents. In
addition, Personnel Complaint information has also been requested and the Parties have

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agreed to disclosure of documents as listed in this Protective Order. Defendants contend

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that a Protective Order is appropriate for the following Good Cause reasons:

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a.

Once completed, an investigation report (hereafter “FID” report) and/or

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Personnel Complaint Investigation is prepared. Such reports are reviewed by

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appropriate command officers in the Department and by the Board of Police

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Commissioners. This review has several purposes: (1) to determine whether the

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involved officers violated any Department policies or procedures; (2) to determine

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whether administrative discipline and/or retraining of the involved officers is necessary;

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(3) to ascertain if police policies and procedures in such areas as supervision, training,

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tactics, policies, etc.; should be modified. In sum, FID reports and/or Personnel

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Complaint Investigations are an essential aid to providing critical self-evaluation of

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Department officers and policies and to determine the most effective way to serve the

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citizens of Los Angeles.
II.

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1.

TERMS OF THE PROTECTIVE ORDER

INTRODUCTION

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a.

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Discovery in this action is likely to involve production of items defendants allege

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PURPOSES AND LIMITATIONS

are confidential, proprietary, or private information for which special protection from
public disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
the following Stipulated Protective Order. The parties acknowledge that this Order does
not confer blanket protections on all disclosures or responses to discovery and that the
protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable legal
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principles. The parties further acknowledge, as set forth in Section 11.3, below, that this
Stipulated Protective Order does not entitle them to file confidential information under
seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the
standards that will be applied when a party seeks permission from the court to file

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material under seal.

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2.

DEFINITIONS

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2.1

Action: This pending lawsuit.

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2.2

Challenging Party: a Party or Non-Party that challenges the designation of

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information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of how it

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is generated, stored or maintained) or tangible things that qualify for protection under

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Federal Rule of Civil Procedure 26(c), as specified above in the Good Cause

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Statement.

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2.4

Counsel: Counsel of Record and their support staff.

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2.5

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Designating Party: a Party or Non-Party that designates information or items

that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
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Disclosure or Discovery Material: all items or information, regardless of the

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medium or manner in which it is generated, stored, or maintained (including, among

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other things, testimony, transcripts, and tangible things), that are produced or generated in

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disclosures or responses to discovery in this matter.
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pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this Action.
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Expert: a person with specialized knowledge or experience in a matter

Non-Party: any natural person, partnership, corporation, association, or other

legal entity not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to

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this Action but are retained to represent or advise a party to this Action and have
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appeared in this Action on behalf of that party or are affiliated with a law firm which has
appeared on behalf of that party, and includes support staff.

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2.10 Party: any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and their
support staffs).

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2.11 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.12 Professional Vendors: persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium) and

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their employees and subcontractors.

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2.13 Documents & Information Covered by this Order:

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For purposes of this Order, Confidential Materials include, but are not limited to

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the following categories:

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1.

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Requested Force Investigation Division Reports as follows:

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a.

Force Investigation Division Investigation Records;

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b.

Any and all documents, interviews, Officer Statements and/or writings

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created during such Investigation, which include, but are not limited

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to, the following:
Force Investigation Division Records

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Interviews;

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Officer Statements, whether written or recorded;

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Body Camera Footage;

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Legend w/diagram;

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Pictures - Which coincide with an Officer(s) compelled

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statement which were intended to reflect the Officer’s stated or
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perception of events;
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Investigative Internal Narrative Memoranda;

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Administrative Documents Regarding Investigation & its

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Outcome

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All addenda.

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from

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a Producing Party.

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3.

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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

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Material (as defined above), but also (1) any information copied or extracted from

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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material. Any use of Protected Material at trial shall

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be governed by the orders of the trial judge. This Order does not govern the use of

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Protected Material at trial.

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4.

DURATION
Should any Protected Material become part of the public record at trial or

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otherwise (such as a where the Court denies the request to file under seal), this Protective

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Order shall no longer apply to such material with the exception that such material must

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still be returned in compliance with Section 12: Final Disposition.
Should any portion of the Protected Material remain confidential until trial, during

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any portion of the trial of this action which could entail the discussion or disclosure of
Confidential Information, that Defendants may request the opportunity to show good
cause to the Court as to why access to the courtroom should be limited to parties, their
counsel and other designated representative, experts or consultants who agreed to be
bound by this stipulation/protective order, and court personnel.
For all portions of the Protected Material which remain confidential, after final

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disposition, the confidentiality obligations by this Order shall remain in effect. Final
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disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in
this Action, with or without prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action,
including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
1.

The Confidential Documentation being provided pursuant to this Protective

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Order will be accomplished by affixing to such document or writing a legend, such as

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“Confidential,” “Confidential Documents,” “Confidential Material Subject to Protective

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Order” or words of similar effect with corresponding case number. The documents and

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writings so designated, and all information derived therefrom (hereinafter, collectively,

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“Confidential Information”), shall be treated in accordance with the terms of this

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stipulation/protective order. Any party stamping any of the Confidential Materials may

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not stamp the records in such a way as to make any written portion of the records

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illegible. The documents must remain completely legible.

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2.

Confidential Information may be used by the persons receiving such

information only for the purpose of this above-captioned litigation.
3.

Subject to the further conditions imposed by this stipulation/protective order,

Confidential Information may be disclosed only to the following persons:
a.

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Counsel for the parties and to experts, investigators, paralegal

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assistants, office clerks, secretaries and other such personnel working

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under their supervision;
b.

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Witnesses, while being examined by counsel during a deposition
pursuant to a stipulation that such portion of the record will be sealed.

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In the event the item is attached as an exhibit to a deposition

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transcript, the copy attached as an exhibit shall be again attached

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under seal to the sealed portion of the deposition.
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c.
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Such other parties as may be agreed by written stipulation among the
parties hereto, or by Court Order.

4.

Prior to the disclosure of any Confidential Information to any person

described in paragraph 3(a), or 3(c), counsel for the party that has received and seeks to
use or disclose such Confidential Information shall first provide any such person with a

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copy of this protective order, and shall cause him or her to execute the following

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acknowledgement:

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“I understand that I am being given access to Confidential Information

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pursuant to the foregoing protective order. I have read the stipulation/protective order

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and agree to be bound by its terms with respect to the handling, use and disclosure of

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such Confidential Information.
Dated: ___________________/s/ ____________________________”

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Once this is completed, Counsel for Plaintiff must maintain this
acknowledgement(s).
5.

Upon the final termination of this federal litigation, including any appeal

pertaining thereto, including but not limited to any event wherein the case is ever
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remanded to State Court or dismissed and refiled in State Court, all Complaints,

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Investigations, Reports, materials, as well as any other Court Ordered Documents

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provided pursuant to this Protective Order and all copies thereof shall be returned to the

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Offices of the Los Angeles City Attorney’s Office, 6th Floor, City Hall East, Los

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Angeles, California 90012 for destruction/shredding. All Confidential documentation

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provided to any person or party, pursuant to any provision hereof, also shall be returned

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to the City Attorney’s Office.

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6.

If any party who receives Confidential Information receives a subpoena

and/or public record request seeking Confidential Information, he, she or it shall
immediately give written notice to counsel for defendants, identifying the Confidential
Information sought and the time in which production or other disclosure is required, and
shall object to the request or subpoena on the grounds of this stipulation/protective order

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so as to afford defendants an opportunity to obtain an order barring production or other
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disclosure, or to otherwise respond to the subpoena or other request for production or
disclosure of Confidential Material. However, in no event should production or
disclosure be made prior to (1) the date of production demanded in the subpoena, if
defendants do not file a motion contesting the production; or (2) the date of the decision

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by the court on defendants’ motion, if defendants file a motion contesting the production,

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unless required by Court Order arising from a motion to compel production or disclosure

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of Confidential Information. Nothing in this Protective Order should be construed as

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authorizing a party in this action to disobey a lawful directive from another court.

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7.

Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

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written submissions to the Court in this litigation which contain, reflect, incorporate or

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refer to Confidential Information, must be submitted to the Court along with a request

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pursuant to Local Rule 79-5.1 by the party seeking to use such information for filing

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under seal.

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8.

Counsel for the parties hereto agree to request that in the event any motions,

applications or other pre-trial proceedings which could entail the discussion or
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disclosure of Confidential Information, that such a Party will first seek special

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permission from the Court to hear such information outside the presence of the jury.

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Counsel for the parties further agree that, during any portion of the trial of this action

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which could entail the discussion or disclosure of Confidential Information, that

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Defendants may request the opportunity to show good cause to the Court as to why

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access to the courtroom be limited to parties, their counsel and other designated

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representative, experts or consultants who agreed to be bound by this

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stipulation/protective order, and court personnel.
9.

Nothing herein shall prejudice any party's rights to object to the introduction

of any Confidential Information into evidence, on grounds including but not limited to
relevance and privilege.
10.

This Protective Order survives settlement, trial and/or appeal.

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IT IS SO ORDERED.

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Dated: March 31, 2017

By:

/S/ Frederick F. Mumm
HONORABLE FREDERICK F. MUMM
United States Magistrate Judge

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