Craig Curry v. City of Los Angeles et al

Filing 24

PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. re Stipulation for Protective Order 22 . (sbou)

Cas

:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 1 of 16 Page ID #:103

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U~IITLD STA'I':ES DISTRICT COURT

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CENTRAL DISTKICT OF CALIFORNIA

to

a1

CRAIG CURRY,individually,

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13

CASE ND: CV 16-04125DSF(PJWx)
Assigned to: Hon. Dale S. Fischer
Dept.: Court Room 840

Plaintiff,

vs.

STIPULATED PROTECTIVE
URDER

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CITY- OF LOS ANGELES; MARK
FLORFS,individually; and. DOES 1100, inclusive,

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Defendants.

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1.

A.PURPOSES AND LIMI7'A.TIONS
Discovery in this action is likely to involve production of confidential,

proprietary, or private information for which special protection from public

22 disclosure and from use for atly purpose other than prosecuting this litigation may
23

he warranted. Accordingly, the parties hereby stipulate to and petition the Court to

24 enter the following Stipulated Protective Order. The parties acknowledge that this
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Urder does not confer blanket protections an ail. disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

27 only to the limited information or items that are entitled to confidential treatment
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under the applicable legal principles. The parties further acknowledge, as set forth
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Casel 1z:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 2 of 16 Page ID #:104

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in Section 12.3, below, that this Stipulated Protective Order does not entitle them

2 to file confidential information under seal; Givil Local Rule 79-5 sets forth the
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procedures that must be followed and the standards that will be applied when a

4 party seeks permission from the court to file material under seal.
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B. G44D CAUSE STATEMENT

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The Los Angeles Police Department("Departmen.t") conducts internal

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administrative investigations of Officer In~:olved Uses of Force and Complaint

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Investigations (hereinafter "Administrative Investigations"). Once an

10 Administrative Investigation is initiated, a formal investigation number is prepared.
11 Such investigations are reviewed by appropriate command officers in the
12 Department. This review has several purposes: (1)to deterniine whether the
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involved officers violated any Department policies or procedures;(2)to determine

14 Whether administrative discipline and/or retraining ofthe involved offcers is
15 necessary; and(3)to ascertain if'police policies and procedures in such areas as
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supervision, training, tactics, policies, etc. should be modified. Administrative

17 In~Testigations are an essential aid to providing critical evaluation of Depat~tment
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officers and policies, and to determine the most e~fective way to serve the citizens

1 ~ of Los Angeles.
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The Department strives to maintain the confidentiality of an officer's

' Administrative Investigations, and the information contained therein, in
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22 recognition of the pratectinns granted. pursuant to California Penal Codc §§

832.5,

' 832.7, and 832.8 and 104p et al. ofthe Califonlia Evidence Code. Just as officer's
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~`~ personnel package is maintained as confidential, so too are the Ad.miilistrative
25 Investigations involving a particular afficer(s).
Administrative Investigations, like
2~ an officer's personnel package, include information which is both personal in
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nature and could potentially impact the liberty interests of the involved police

28 offcers and/or civilians named within. The information obtained from personnel
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Casel lz:l6-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 3 of 16 Page ID #:105

packages and Administrative Investigations can, and have been used to initiate
2 disciplinary action against officers, as well as evidence in disciplinary proceedings
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where the officer`s conduct was considered to be contrary to Department policy. At

~ this time, the parties have agreed that certain Administrative Investigation
5 information will be provided pursuant to the terms set forth in this Protective
6 Order. As a result, the parties have agrc;ed to this Proposed Protective Order
~ covering these records for the following Goad Cause reasons:
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Administrative Investigations are maintained as confidential reports and are
considered part of the individual officers' personnel record. Administrative

l~ Investigations include infornlation which is both personal in nature and could
1 1 potentially impact the liberty interests of the involved police officers andJor
12 civilians named within. The information obtained. from Administrative
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Investigations can and have been used to initiate disciplinary action against officer;

14 and as evidence in disciplinary proceedings where the use of force or tactics used
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were considered to be contrary to Department policy.
Unfettered release cif Administrative Investigations have the potential for
untold negative results. In terms of societal interests, it would inhibit the

18 Department's aUility to frankly engage in critical self-analysis. Public exposure of
19 many Administrative Investigations could severely threaten the safety and well?~ being ofthe individuals, their families and associates. Many Administrative
21 Investigations include embarrassing facts. At a minimum, disclosure of an entire
22 Administrative Investigation would cause .needless intrusion of privacy
rights and
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Have a negative effect on the Department's effort to conduct these important

~4 investigations. Indeed, fox all of these reasons, persons interviewed by
2~ Investigators are advised that their statements are being taken for the confdential
~~ use of the Department.
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"The materials and interview statements of Administrative Investigations are
maintained in protected files in order to maintain their confidentiality. They are
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:asell2:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 4 of 16 Page ID #:106

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not routinely shown to other city departments. Even the~l, information which is not

2 clearly relevant to the rationale governing the request is redacted to ensure the
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utmost regard for the privacy rights of the mentioned within a given report. 'the

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reports are not available to the general public except by court order.

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In each case involving court-ordered disclosure of information from an

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Administrative Investigation sought in state or federal court, it is Department.

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policy to seek a protective order limiting use of the inforniation to the case at trial

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and identifying those persons who may properly be granted access to the

9 information. Absent a protective order, it becomes unrealistic to conceive that the
10 large numbers of attorneys, secretaries, law clerks, paralegals and witnesses
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involved in many cases will be able to maintain proper confidence of personal,

12 private material absent an order which clearly delineates their responsibilit
ies. The
13 orders further request that said recard~ he returned to the Department after the case
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has terminated, either by final judgrnent or otherwise. This request serves to

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ensure that intrusion into the privacy and. employment rights ofthose involved. is

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limited to the particular case in which. the facts are relevant.
The issuance of an appropriate protective order makes certain that these
privacy concen~s are not compromised beyond that degree necessary to the issues
before the court. Accordingly, on behalf of the Los Angeles Police Department

20 and tllosc persons identified within a given Administrative Investigation, the
21 Defendants respectfully request
these procedural protections in the instant case.
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Accordingly, the parties hereby stipulate that the above-referenced
23 Administrative Investigation
. documeYits and items are confidential in nature and is
2 appropriately produced
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pursuant to a protective order.
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2.
DEFINITIONS
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2.1

Action: Craig Curry v. City ofLos Angeles, et al., United States

27 District Court case no. CV16-Q4125 DSF(PJWx).
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Casell2:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 5 of 16 Page ID #:107

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2.2

Challen~~Party: a Party ar Non-Party that challenges the

2 designation of inforniation or items under this Order.
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2.3

"CONFIDENTIAL" Information or Items: information (regardless of

4 how it is generated, stored or maintained) or tangible things that qualify for
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protection under Federal Rule of Civil Procedure 26(c}, and as specified above in

6 the Good Cause Statement.
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2.4

Counsel: outside Counsel. of Record and House Counsel(as well as

their support staf
fl.
2.5

Desi.~, ating Party a. Party or Non-Party that designates information or
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14 items that it produces in disclosures or in responses to discovery as
1 j "CCINFIDENTIAL."
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2.6

Disclosure or Discovery Material: all .items or infornlation; regardless

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

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among other things, testimony, transcripts, and tangible things), that are produced

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or generated in disclosures or responses to discovery in this matter.

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2.7

Ex er-t: a person. with specialized knowledge or experience in a matter

17 pertinent to the litigation who has been retained by a Party or its counsel to serve
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as an expert witness or as a cons~altar~t in this Action.
2.8

House Counsel: attorneys who are employees of a party to this Action.

20 Hvuse Counsel does not include Outside Counsel of:Record or any other outside
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counsel.
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Non-Party: any natural person, partnership, corporation, association.,

~3 or other legal entity not named as a Party to this action.
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2.1.0 Outside Counsel of Record: attorneys who are not employees of a

25 party to this Action but are retained to represent or advise a party to this Action
2~ and have appeared in this Action on behalf of that party or are affiliated with a law
27 frn1 which has appeared. on behalf of that party, and includes support staff.
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Cas 2:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 6 of 16 Page ID #:108

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2.11 Party: any party to this Action, including all of its officers, directors,

2 cm~loyees, consultants, retained experts, and Outside Counsel of Record (and them
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support staffs).
2.12 Producing Party a Party or Non-Party that produces Disclosure ar
Discovery Material in this Action.

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2.l 3 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits o~

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

9 anc~ their employees and subcontractors.
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2.1.4 Protected Material: any Disclosure or Discovery Material that is
designated as "CONTII3ENTIAL."
2.15 Receiving Party a Party that receives Disclosure or Discovery
Material from a Producing Party..

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3.

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The protections conferred by this Stipulation alid Order cover not only

SCOPE

17 Protected 1Vlaterial (as defned above), but also {1}any information copied or
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extracted from Protected Material;(L~ all copies, excerpts, summaries, oi-

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compilatioJls of Protected Material; and (~)any testimon}~, conversations, or

24 presentations by Parties or their Counsel that might reveal Protected Material.
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Any use of Protected Material at trial shall be governed by the orders of the trial

22 judge. This Order does not govern the use of Protected Material at trial.
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4.

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Upon final termination of this litigation in either the United States District

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6

DURATION

Court(Central District of California} or exhaustion of all appeals, all Confidential

27 Information aild all copies thereof shall be returned to t]Ze Los Angeles City
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Attorney's C}ffce within thirty(30} calendar days along with written confirmation
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Casel~2:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 7 of 16 Page ID #:109

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from Plaintiff's counsel that all materials a,re. being retw-ned pursuant to the terms

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of this Stipulation. and the District Court's order on this Stipulation. Since Plaintiff

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is alleging both federal and state claims, the City of Los Angeles and any

¢ individual police officer defendants (including those who may be added as parties
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to this litigation) object to Plaintiffs retention, possession, custody and control of

6 the above-referenced Confidential Information in the event the federal claims are;
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dismissed and remaining state law claims are remanded to the Los Angeles County

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Superior Court("Superior Court"). These objections are made pursuant to

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California law, including but not limited to, the Peace Officer's Bill of Rights,

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California Evidence Code Sections 1443 and 1045, as well as Haggerty ~~. ~~prc~~

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Court(2004} 1 l 7 Ca1.App.4t'' 1079. In the event that the federal claims in this

12 litigation are dismissed and the remaining state law claims are remanded to the
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Superior Court, Defendant City andlor any individual police officer defendants

t4 (including those who maybe added as parties to this litigation) reserve the right to

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file any and. all necessary motions for an order from the Superior• Court compelling

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Plaintiff and/or his counsel to return all or specified portions ofthe Confidential

~ 7 Infoi-matiai~ produced by the City of Los Angeles in this litigation.
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S.l. Exercise of Restraint and Care in l~esignatin~ Material for Protection.

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DESIGNAT'INU PRO'T'ECTED MA'I'E.RIAL

Each Party or Non.
-Party that designates information or items for protection under

z2 this Order must take care to limit any such. designation to specific material that
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qualifies under the appropriate standards. The Designating Party must designate

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protection only those parts of material, documents, items, or oral or written

z~ ~~ communications that qualify so that other portions ofthe material, documents,
26 items, or communications for which protectiozl is not warranted are not swept
27 unjustifiably within the ambit of this Order.
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;asell2:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 8 of 16 Page ID #:110

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Mass,indiscriminate, or routinized designations are prohibited. Designation

2 that are shown to be clearly unjustifed ox that have been made for an improper
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purpose (e.g., to unnecessarily encumber the case development process or to

4 impose unnecessary expenses and burdens on other parties} may expose the
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Designating Party to sanetians.
If it comes to a Designating Party's attention that in£armation or items that it

7 designated for protection do not qualify for protection, that Designating Party must
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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.~ Manner and Timing of Designations. Except as otherwise provided in

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this Ord~;r(see, e.g., second paragraph of section 5.2(a} below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

~2 under this Order must be clearly so designated before the material is disclosed or
13 produced.
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Designation in conformity with. this Order requires:

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(a) for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial

a 7 proceedings), that the Producing Party affix at a minimum,the legend
l~ "CONFIDENTIAL"(hereinafter "CONFIDENTIAL legend"),to each page that
19 contains protected material. If only a portion or portions of the material on a page
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qualifes for protection, the Producing Party also must clearly identify the

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protected portions)(e.g., by making appropriate markings in the margins).

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A Party or Non-Party that makes original documents available for inspection

23 need .not designate them for protection until after the inspecting Party has indicated
24 which documents it would like copied and produced. During the inspection and
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before the designation, all ofthe material made available for inspection shall be

26 deemed "CONFIDENTIAL." After the inspecting Part}~ has identified the
27 documents it wants copied and produced, the Producing Party must determine
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which documents, or portions thereof, qualify for protection under this Order.
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Case1~:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 9 of 16 Page ID #:111

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Then, before producing the specified documents, the Producing Party must affx

2 the "CON~-~IDENTIAL legend" to each. page that contains Protected Material. If
3 only a portion or portions ofthe material on a page qualifies for protection, the
4 Producing Party also must clearly identify the protected portions)(e.g., by making
5
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appropriate markings in the margins).
(h)for testimony given in depositions that the Designating Party identify the

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Disclosure or Discovery Material on the record, before the close of the deposition

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all protected testimony.

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(c)for information produced in some £orm other than documentary and for

to any other tangible items, that the Producing Party affix in a prominent place on the
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exterior of the container or containers in which the information is stored the legend

12 "CONFIDENTIAL." If only a portion or portions of the information warrants
13 protection, the Producing Party, to the extent practicable, shall identify the
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protected portion(s).
5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information car items does not, standing alone, waive

17 the Designating Party's right to secure protection under this Order for such
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material. Upon timely correction of a designation, the Receiving Party must make

19 reasonable efforts to assure that the material is treated in accordance with the
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provisions of this C)rder.

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b.

2=i

6.1 Tuning of Challenges. Any .Party or Non-Party may challenge a

CHALLENGING CONFIDEN"I`IALI'I'Y DESIGNATIONS

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designation of confidentiality at any time that is consistent with the Court's

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Scheduling Order.

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6.~ Meet and. Confer.'The Challenging Party shall initiate the dispute

27 resolution process under Local Rule 37.1 et seq.
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Case ~:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 10 of 16 Page ID #:112

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6.3

The burden of persuasion in any such challenge proceeding shall be

z on the Designating Party. Frivolous challenges, and those made for an improper
3

pur~~osc (e.g., tc, harass or iiiipose unnecessary expenses and burdens on o~lzer

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parties) may expose the Challenging Party tc~ sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue t~ afford the material in question the level. of p2-otection to which it is

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entitled under the Producing Party's designation until the Court rules on the

8 ~ challenge.
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7.

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7.1

ACCESS TO AND USE OF PROTECTED MATERIAL
~3asic Principles. A Receiving Party may use Protected Material that i

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disclosed, or produced by another Party or by a Non-Party in connection with this

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Action only for prosecuting, defending, or attempting to settle this Action. Such.

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Protected Material may be disclosed only to the categories of persons and under

~ 5 the conditions described in this Order. When the Action has been terminated, a
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Receiving Party must comply with the provisions of section 13 below(FINAL

17 : 7ISPOSIPION).
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Protected. Material. must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensares that access is limited to the persons

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4

authorized under this ~rcier.

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.2

Disclosure of"CONFIDENTIAL"Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated

24 "
CONFIDENTTAL" only to:
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(
a)

the Receiving Party's Outside Counsel of Record in this Action, as

2b

well as employees of said Outside Counsel of Record. to whom it is reasonably

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7

_necessary to disclose the information far this Action;

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the officers, directors, and employees (including House Counsel) of
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Case~~:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 11 of 16 Page ID #:113

~ the Receiving Party to whom disclosure is reasonably necessary for this Action;
c}
(
3

Experts(as defined in this Order) of the Receiving Party to whom

disclosure is reasonably necessary for this Action and who have signed.the

4 "
Acknowledgment and Agreement to Be Bound"(E~iibit A);
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(
d)

the court and its personnel;

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(
e)

court reporters and their staff;

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professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is rea.~onably necessary fox this Action and who have

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signed the."Acknowledgment and Agreement to Be Bound"(Exhibit A);

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(
g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;

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(
h)

during their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom. disclosure is reasonably necessary provided:(1)the deposing

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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2}
they will not be pezmitted to keep any confdential information unless they sign the

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Acknowledgment and Agreement to Be Bound"(Exhibit A}, unless otherwise
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agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exZ~ibits to depositions that reveal Protected Material may

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be separately bound by the court reporter and may not be disclosed to anyone

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except as permitted under this Stipulated Protective Order; and

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any mediator or settlement officer, aid their supporting personnel,

mutually agreed upon by any ofthe parties engaged in settlement discussions.

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8.

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IN OTHER LITIG~TInN

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PROTECT.F..,D MATERIAL SUBPOENAED C)R 4RUERED PRODUCED
Ifa Party is served with a subpoena ar a court order issued in other litigation

that compels disclosure of any information or items designated in this Action as

~g "
CUNFIUENTI.AL," that Party must:
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Case I~:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 12 of 16 Page ID #:114

(
a)

pro.rnptly notify in writing; the Designating Party. Such. notification

shall include a copy of the subpoena or court order;
3

(b)

promptly notify in writing the party who caused the subpoena or order

4 to issue in the other litigation that some or all ofthe material covered by the
5 subpoena or order is subject to this Protective order. Such notification shall
include a copy of this Stipulated Protective Urder; and
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(c)

cooperate with respect to a]1 reasonable procedures sought to be

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pursued by the Designating Party whose Protected. Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served with the

1 ~ subpoena or court order shall clot produce any information designated in this action
11

as "CONFIDF.,NT'IAL" before a determination by the court from which the

~ 2 subpoena or order issued, unless the Party has obtained the Designating Party's
~~

perniission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing ul these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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9.

ANON-PARTY'S PROTECTED MATF,RIAL SOUGHT TO BE

l y PRODUCED IN THIS LITIGATION
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(a)

The ternas of this Order are applicable to information produced by a

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Non-Party in this Action and designated as "CONFIDENTIAL." Such information

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produced by Non-Parties in connection with this litigation is protected by the

23 remedies and relief provided by this Qrder. Nothing in these provisions should be
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construed as prohibiting allon-Party from seeking additional protections.
(U)

In the event that a Party is required, by a valid discovery request, to

produce allon-Party's confidential information in its possession, and the Party is

27 subject to an agreement with the Non-Party not to produce the Non-Party's
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confidential information, then the Party shall:
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::16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 13 of 16 Page ID #:11~

C

1

,~
3

(
1)

promptly notify in writing the Requesting Party and the Non-Part}~

that some or all of the information requested is subject to a confidentiality
agreement with allon-Party;

4

(
2)

prainptly provide the Non-Party with a copy of the Stipulated

5

Protective Ord.er in this Action, the relevant discovery request(s), and a reasonably

6

specific description ofthe information requested; and

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8

(
3)

make the information requested available for inspection by the Non-

Party, if requested.

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(
c)

If the Non-Party fails to seek a protective order from this court within.

10

14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party's confidential information responsive to the

t2

discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall. not produce any information in its possession or control that is subject

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to the confdentiality agreement with the Non-Party before a determination by the

15

court. Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected Material.

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18

10.

UNAUTHORIZED DISCLOSURE.. OF PROTECTED M,4TERIAI.

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If a Receiving Party learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

2
2

notify in writing the Designating Party ofthe unauthorized disclosures,(b} use its

23

best efforts to retrieve all unauthorized copies of the Protected Material,(c)inform

2
4

the person or persons to whom unauthorized disclosures were made of all the terms

25

of this Order, and (d)request such person or persons to execute the

2 "
6
Acknowledbment and .Agreement to Be Bound" that is attached hereto as E~iibit
27

/~

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11.

INA:DV~~i.R`I~~EN"1' PROT)UCTIQN C?F PRIVILEGED nR OTHERWISE..,

PROTECTED NCATER.IAL
When a. Producing Party gives notice to Receiving Parties that certain

3

4 inadvertently produced material is subject to a claim of privilege or other
5

protection, the obligations ofthe Receiving Parties are those set forth in Federal

6 Rule of Civil Procedure 26(b)(5)(B). This provision. is not intended to modify
7 whatever procedure.may be established. in an e-discovery order that provides for
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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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of a communication or information covered by the attorney-client privilege or

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work product protection, the parties may incorporate their agreement in the

12 stipulated protective order submitted to the court.
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12.

MISCELLANEOUS

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12.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by t11e Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otr~erwise would have to object to

19 disclosing or producing any information or item an any ground not addressed in
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this Stipulated I'iotective order. Similarly, no Party waives any right to object on

21

any ground to use in evidence of any ofthe material covered by this Protective

22 Order.
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3

l 2.3 Filing Protected Material. A Party that seeks to f]e under seal any

24 Protected Material must comply with Civil Local Rule 79-5. Protected Material
?5

may only be filed under seal pursuant to a court order authorizing the sealing of the

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Specific Protected Material at issue. If a Party's request to file Protected Material

27 under seal is denied by the court, then the Receiving Party may file the infoim.ation
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in the public record unless otherwise instructed by the court.
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CaseI~:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 15 of 16 Page ID #:117

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~ ~:~. r~~v~~~ nrsYos~~~io~
After the final disposition of this Action, as defined in paragraph 4, each.

3

4 Receiving :Party must return all Protected Material to the Producing Party or
5

destroy such material in accordance with paragraph 4. As used in this subdivision,

~ "all Protected Material" includes all. copies, abstracts, compilations, summaries,
7

and any other format reproducing or capturing any of the Protected Material.

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Whether the Protected Material is returned or destroyed, the Receiving Party must

9 submit a written certification to the Producing Party(and, if not the same person or
10 entity, to the Designating Party) by the 30 day deadline that(1)identifies(by
1~

category, where appropriate) all the Protected Material that was returned or

l2 destroyed and (2)affirms that the Receiving Party has not retained any copies,
1=i

abstracts, compilations, summaries or any other format reproducing or capturing

14 any ofthe Protected Material. Notwithstanding this provision, Counsel are entitled
15

to retain an archival copy of all pleadings, motion papers, trial, deposition, and

16

heating transcripts, legal memoranda, correspondence, deposition and trial

~'1

exhibits, expert reports, attorney work product, and consultant and expert work

1~

product, even if such materials contain .Protected Material. Any such archival

19 copies that contain or constitute Protected Material remain. subject to this
20 Protective Order as set forth in Section 4(DURATION).
21

///

22

///

23

///

?~ ///
25

///

2
6

///

27

///

28

///
15

Case 2:16-cv-04125-DSF-PJW Document 22 Filed 01/05/17 Page 16 of 16 Page ID #:118

l l, 1~.

Any violation oFthis Order may be punished by any ai3d all appropriate

2 measures including, withou4 limitation, contempt proceedings and/or monetary
3 sanctions.
4

IT IS SO STIPULATED,'I'HR()UGH CUUNSEL OF RE~:ORD.

S '
6 DATED

~ r~'~ ~~

7
S
9

s
Attorneys fai~ Plaintif!'

10
ll

DATED:

1 ~ a - 1 ~r
~R"

~~

/~
'y

~

~
~...
]~ t
lttorneys for Defendant CITY C)F Ltd-AhfGELES
13

1S
t DATED;_
i
17

~~
~~

~~ r ~_

C~~-~- ~-----w---.
Attorneys for Defendant MAXtK 1=LURES

20
2l ~ ~'4f~ ~OaU CAUSE SHO~~N,1T IS S0~ OR.DERED.
2~

~~
z~
zs
2 ~ Patrick J. Walsh
6

~
~,
27 United States Chief Magisirat~• Jude

28
16

':16-cv-04125-DSF-PJW Document 22-1 Filed 01/05/17 Page 1 of 1 Page ID #:119

C

1

EXHIBIT A

2

ACKNOWLEDGN[ENT AND AGREEMENT TO BE BOUND

3

I,

_

[
print or type full address], declare under

4
5

[print or type full name], of

_

penalty of perjury that I have read in its entirety and understand the Stipulated

6 Protective Urder that was issued by the United States District Court for the Central
7

District of California an _______ _ ~

f
in the case of C~•aig Curry i~. City o Los

8 Ar~~;eles, et al., United. States District Court case no. CV 16-041.25 DSF(PJWx). I
9

agree to comply with and to be bound. by all the terms of this Stipulated. Protective

10

Order and I understand and acknowledge that failure to so comply could expose

it

me to sanctions and punishment in the nature of contempt. I solemnly promise that

12

I 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 with

14

the provisions of this Order.

l5

1 further agree to submit to the jurisdiction ofthe United States District

16

Court for the Central District of California for the purpose of enforcing the terms

I7

of this Stipulated Protective Order, even if such enforcement proceedings occur

18

after termination of this action. I hereby appoint

14 [
print or type full name]of

[print

2
0

or type full address and telephone number] as my California agent far service of

2
]

pi•~cess in connection with this action or any proceedings related to enforcement o

2
2

this Stipulated Protective Order.

23

Date:

24

City and State where sworn and signed:

25
2
6

Printed name:

27
28

Signature:
17