A.E.R. et al v. County of Los Angeles et al

Filing 24

STIPULATED PROTECTIVE ORDER by Judge Manuel L. Real re Stipulation for Protective Order 20 . See document for details. (gk)

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

1 Antonio H. Rodriguez (CBN 51443)
LAW OFFICES OF ANTONIO H. RODRIGUEZ
2 5429 Beverly Boulevard
Los Angeles, California 90022
– 323-869-9909
3 T – 323-869-9911
F
4 E-mail: [e-mail]
5 Attorney for Plaintiffs ESTELA RODRIGUEZ and ABEL RODRIGUEZ
Jorge Gonzalez (CBN 100799)
6 A PROFESSIONAL CORPORATION
2485 Huntington Drive, Suite 238
7 San Marino, California 91108
T – 626-382-3081
8 C – 213-598-3278
E-mail: [e-mail]
9
Attorney for Plaintiff A.E.R.
10
Thomas C. Hurrell, State Bar No. 119876
11 E-Mail: [e-mail]
Diane Martinez, State Bar No. 276499
12 E-Mail: [e-mail]
Artyom Baghdishyan, State Bar No. 299113
13 E-Mail: [e-mail]
HURRELL CANTRALL LLP
14 300 South Grand Avenue, Suite 1300
Los Angeles, California 90071
15 Telephone: [phone]
Facsimile: [phone]
16
17 Attorneys for Defendants COUNTY OF LOS ANGELES, ANDREW ALATORRE,
and SANDY GALDAMEZ
18
19
20
21

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

22
A.E.R., a Minor, by and through his
23 Guardian ad Litem, STEPHANIE
YANEZ, both Individually and as
24 Successor in Interest on behalf of
Plaintiffs’ Decedent EDUARDO
25 EDWIN RODRIGUEZ, ESTELA
RODRIGUEZ, and ABEL
26 RODRIGUEZ, for themselves as
parents of the Decedent,
27
Plaintiffs,
28

CASE NO. 2:16-cv-04895-R-MRWx
STIPULATED PROTECTIVE
ORDER
[Assigned to Judge Manuel L. Real,
Courtroom "8"]
Trial Date:

None Set

1

v.

2 COUNTY OF LOS ANGELES, a
Public Entity, ANDREW ALATORRE,
3 SANDY GALDAMEZ, and DOES 1
through 10, inclusive, individually and
4 in their official capacity as Los Angeles
County Sheriff’s Department Deputies,
5
Defendants.
6
7

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 1.

A.

9

Discovery in this action is likely to involve production of confidential or

PURPOSES AND LIMITATIONS

10 private information for which special protection from public disclosure and from use
11 for any purpose other than prosecuting this litigation may be warranted.
12 Accordingly, the parties hereby stipulate to and petition the Court to enter the
13 following Stipulated Protective Order. The parties acknowledge that this Order does
14 not confer blanket protections on all disclosures or responses to discovery and that
15 the protection it affords from public disclosure and use extends only to the limited
16 information or items that are entitled to confidential treatment under the applicable
17 legal principles.
18
19

B.

20

This action is likely to involve confidential information pertaining to

GOOD CAUSE STATEMENT

21 personnel records and other materials subject to privacy protections for which
22 special protection from public disclosure and from use for any purpose other than
23 prosecution of this action is warranted. Limiting disclosure of these documents to
24 the context of this litigation as provided herein will, accordingly, further important
25 law enforcement objectives and interests, including the safety of personnel and the
26 public, as well as individual privacy rights of Plaintiffs, Defendants, and third
27 parties. Such confidential materials and information consist of, among other things,
28 materials entitled to privileges and/or protections under the following: the United
-2-

1 States Constitution, First Amendment; the California Constitution, Article I, Section
2 1; California Penal Code §§ 832.5, 832.7, and 832.8; California Evidence Code §§
3 1040 and 1043 et seq.; the Privacy Act of 1974, 5 U.S.C. § 552a; the right to
4 privacy; decisional law relating to such provisions; and information otherwise
5 generally unavailable to the public, or which may be privileged or otherwise
6 protected from disclosure under state or federal statutes, court rules, case decisions,
7 or common law. Defendants also maintain that such confidential materials and

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 information consist of materials entitled to the Official Information Privilege.
9

Confidential information with respect to the Defendants may include:

10 personnel files; internal investigative files and documents; email and written
11 correspondence records; and policies and procedures that are kept from the public in
12 the ordinary course of business, as well as other items subject to the Official
13 Information Privilege and other privileges. Confidential information with respect to
14 the Plaintiffs may include: employment and financial records; email and written
15 correspondence records; and psychological notes, evaluations, and report and
16 treatment plans relating to the treatment, care, and evaluation of the Plaintiffs. The
17 parties reserve the right to challenge a designation of confidentiality pursuant to the
18 terms set forth under Paragraph 6 of this Protective Order.
19

Accordingly, to expedite the flow of information, to facilitate the prompt

20 resolution of disputes over confidentiality of discovery materials, to adequately
21 protect information the parties are entitled to keep confidential, to ensure that the
22 parties are permitted to reasonable necessary uses of such material in preparation for
23 and in conduct of trial, to address their handling at the end of the litigation, and
24 serve the ends of justice, a protective order for such information is justified in this
25 matter. It is the intent of the parties that information will not be designated as
26 confidential for tactical reasons and that nothing be so designated without a good
27 faith belief that it has been maintained in a confidential, non-public manner, and
28 there is good cause why it should not be part of the public record of this case.
-3-

1
2
3

C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL

The parties further acknowledge, as set forth in Section 12.3, below, that this

4 Stipulated Protective Order does not entitle them to file confidential information
5 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
6 and the standards that will be applied when a party seeks permission from the court
7 to file material under seal.

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8

There is a strong presumption that the public has a right of access to judicial

9 proceedings and records in civil cases. In connection with non-dispositive motions,
10 good cause must be shown to support a filing under seal. See Kamakana v. City and
11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
13 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
14 require good cause showing), and a specific showing of good cause or compelling
15 reasons with proper evidentiary support and legal justification, must be made with
16 respect to Protected Material that a party seeks to file under seal. The parties’ mere
17 designation of Disclosure or Discovery Material as “CONFIDENTIAL” does not—
18 without the submission of competent evidence by declaration, establishing that the
19 material sought to be filed under seal qualifies as confidential, privileged, or
20 otherwise protectable—constitute good cause.
21

Further, if a party requests sealing related to dispositive motion or trial, then

22 compelling reasons, not only good cause, for the sealing must be shown, and the
23 relief sought shall be narrowly tailored to serve the specific interest to be protected.
24 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
25 each item or type of information, document, or thing sought to be filed or introduced
26 under seal in connection with a dispositive motion or trial, the party seeking
27 protection must articulate compelling reasons, supported by specific facts and legal
28 justification, for the requested sealing order. Again, competent evidence supporting
-4-

1 the application to file documents under seal must be provided by declaration.
2

Any document that is not confidential, privileged, or otherwise protectable in

3 its entirety will not be filed under seal if the confidential portions can be redacted.
4 If documents can be redacted, then a redacted version for public viewing, omitting
5 only the confidential, privileged, or otherwise protectable portions of the document,
6 shall be filed. Any application that seeks to file documents under seal in their
7 entirety should include an explanation of why redaction is not feasible.

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8
9 2.
10

DEFINITIONS
2.1

Action:

A.E.R., a Minor, by and through his Guardian at Litem,

11 Stephanie Yanez, et al. v. County of Los Angeles, et al., Case No. 2:16-cv-04895-R12 MRWx.
13

2.2

Challenging Party:

a Party or Non-Party that challenges the

14 designation of information or items under this Order.
15

2.3

“CONFIDENTIAL” Information or Items: information (regardless of

16 how it is generated, stored or maintained) or tangible things that qualify for
17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
18 the Good Cause Statement.
19

2.4

Counsel: Outside Counsel of Record and House Counsel (as well as

20 their support staff).
21

2.5

Designating Party: a Party or Non-Party that designated information or

22 items that it produces in disclosures or in responses to discovery as
23 “CONFIDENTIAL.”
24

2.6

Disclosure or Discovery Material: all items or information, regardless

25 of the medium or manner in which it is generated, stored, or maintained (including,
26 among other things, testimony, transcripts, and tangible things), that are produced or
27 generated in disclosures or responses to discovery in this matter.
28 / / /
-5-

1

2.7

Expert: a person with specialized knowledge or experience in a matter

2 pertinent to the litigation who has been retained by a Party or its counsel to serve as
3 an expert witness or as a consultant in this Action.
4

2.8

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

5 House Counsel does not include Outside Counsel of Record or any other outside
6 counsel.
7

2.9

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

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 other legal entity not named as a Party to this action.
9

2.10 Outside Counsel of Record: attorneys who are not employees of a

10 party to this Action but are retained to represent or advice a party to this Action and
11 have appeared in this Action on behalf of that party or are affiliated with a law firm
12 that has appeared on behalf of that party, and that includes support staff.
13

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

14 employees, consultants, retained experts, and Outside Counsel of Record (and their
15 support staffs).
16

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

17 Discovery Material in this Action.
18

2.13 Professional Vendors:

persons or entities that provide litigation

19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
20 demonstrations, and organizing, storing, or retrieving data in any form or medium)
21 and their employees and subcontractors.
22

2.14 Protected Material: any Disclosure or Discovery Material that is

23 designated as “CONFIDENTIAL.”
24

2.15 Receiving Party:

a Party that receives Disclosure or Discovery

25 Material from a Producing Party.
26

2.15 Receiving Party:

a Party that receives Disclosure or Discovery

27 Material from a Producing Party.
28 / / /
-6-

1 3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7

Any use of Protected Material at trial shall be governed by the orders of the

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 trial judge. This Order does not govern the use of Protected Material at trial.
9
10 4.

DURATION

11

Once a case proceeds to trial, information that was designated as

12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
13 as an exhibit at trial becomes public and will be presumptively available to all
14 members of the public, including the press, unless compelling reasons supported by
15 specific factual findings to proceed otherwise are made to the trial judge in advance
16 of the trial. See Kamakana, supra, 447 F.3d at 1180-81 (distinguishing “good
17 cause” showing for sealing documents produced in discovery from “compelling
18 reasons” standard when merits-related documents are part of court record).
19 Accordingly, the terms of this protective order do not extend beyond the
20 commencement of the trial.
21
22 5.

DESIGNATING PROTECTED MATERIAL

23

5.1

24

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

Exercise of Restraint and Care in Designating Material for Protection.

25 under this Order must take care to limit any such designation to specific material
26 that qualifies under the appropriate standards.

The Designating Party must

27 designate for protection only those parts of material, documents, items or oral or
28 written communications that qualify so that other portions of the material,
-7-

1 documents, items or communications for which protection is not warranted are not
2 swept unjustifiably within the ambit of this Order.
3

Mass, indiscriminate, or routinized designations are prohibited. Designations

4 that are shown to be clearly unjustified or that have been made for an improper
5 purpose (e.g., to unnecessarily encumber the case development process or to impose
6 unnecessary expenses and burdens on other parties) may expose the Designating
7 Party to sanctions.

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8

If it comes to a Designating Party’s attention that information or items that it

9 designated for protection do not qualify for protection, that Designating Party must
10 promptly notify all other Parties that it is withdrawing the inapplicable designation.
11

5.2

Manner and Timing of Designations. Except as otherwise provided in

12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
14 under this Order must be clearly so designated before the material is disclosed or
15 produced.
16
17

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic

18 documents, but excluding transcripts of depositions or other pretrial or trial
19 proceedings), that the Producing Party affix at a minimum, the legend
20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
21 contains protected material. If only a portion of the material on a page qualifies for
22 protection, the Producing Party also must clearly identify the protected portion(s)
23 (e.g., by making appropriate markings in the margins).
24

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

25 need not designate them for protection until after the inspecting Party has indicated
26 which documents it would like copied and produced. During the inspection and
27 before the designation, all of the material made available for inspection shall be
28 deemed “CONFIDENTIAL.”

After the inspecting Party has identified the
-8-

1 documents it wants copied and produced, the Producing Party must determine which
2 documents, or portions thereof, qualify for protection under this Order.

Then,

3 before producing the specified documents, the Producing Party must affix the
4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
5 portion of the material on a page qualifies for protection, the Producing Party also
6 must clearly identify the protected portion(s) (e.g., by making appropriate markings
7 in the margins).
(b) for testimony given in depositions that the Designating Party identifies

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8

9 the Disclosure or Discovery Material on the record, before the close of the
10 deposition all protected testimony.
(c) for information produced in some form other than documentary and for

11

12 any other tangible items, that the Producing Party affix in a prominent place on the
13 exterior of the container or containers in which the information is stored the legend
14 “CONFIDENTIAL.” If only a portion or portions of the information warrants
15 protection, the Producing Party, to the extent practicable, shall identify the protected
16 portion(s).
17

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

18 failure to designate qualified information or items does not, standing alone, waive
19 the Designating Party’s right to secure protection under this Order for such material.
20 Upon timely correction of a designation, the Receiving Party must make reasonable
21 efforts to assure that the material is treated in accordance with the provisions of this
22 Order.
23
24 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

25

6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

26 designation of confidentiality at any time that is consistent with the Court’s
27 Scheduling Order.
28

6.2

Meet and Confer. The Challenging Party shall initiate the dispute
-9-

1 resolution process under Local Rule 37.1 et seq.
2

6.3

The burden of persuasion in any such challenge proceeding shall be on

3 the Designating Party. Frivolous challenges, and those made for an improper
4 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
5 parties) may expose the Challenging Party to sanctions. Unless the Designating
6 Party has waived or withdrawn the confidentiality designation, all parties shall
7 continue to afford the material in question the level of protection to which it is

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 entitled under the Producing Party’s designation until the Court rules on the
9 challenge.
10
11 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

12

7.1

Basic Principles. A Receiving Party may use Protected Material that is

13 disclosed or produced by another Party or by a Non-Party in connection with this
14 Action only for prosecuting, defending or attempting to settle this Action. Such
15 Protected Material may be disclosed only to the categories of persons and under the
16 conditions described in this Order. When the Action has been terminated, a
17 Receiving Party must comply with the provisions of section 13 below (FINAL
18 DISPOSITION).
19

Protected Material must be stored and maintained by a Receiving Party at a

20 location and in a secure manner that ensures that access is limited to the persons
21 authorized under this Order.
22

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

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

Party

may

disclose

any

information

or

item

designated

25 “CONFIDENTIAL” only to:
26

(a) the Receiving Party’s Outside Counsel of Record in this Action, as well

27 as employees of said Outside Counsel of Record to whom it is reasonably necessary
28 to disclose the information for this Action;
-10-

1

(b) the officers, directors, and employees (including House Counsel) of the

2 Receiving Party to whom disclosure is reasonably necessary for this Action;
3

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

4 disclosure is reasonably necessary for this Action and who have signed the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(e) court reporters and their staff;

8
300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

(d) the court and its personnel;

7

HURRELL CANTRALL LLP

6

(f) professional jury or trial consultants, mock jurors, and Professional

9 Vendors to whom disclosure is reasonably necessary for this Action and who have
10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11

(g) the author or recipient of a document containing the information or a

12 custodian or other person who otherwise possessed or knew the information;
13

(h) during their depositions, witnesses, and attorneys for witnesses, in the

14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
15 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
16 not be permitted to keep any confidential information unless they sign the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
18 agreed by the Designating Party or ordered by the court. Pages of transcribed
19 deposition testimony or exhibits to depositions that reveal Protected Material may
20 be separately bound by the court reporter and may not be disclosed to anyone except
21 as permitted under this Stipulated Protective Order; and
22

(i) any mediator or settlement officer, and their supporting personnel,

23 mutually agreed upon by any of the parties engaged in settlement discussions.
24
25 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

26

IN OTHER LITIGATION

27

If a Party is served with a subpoena or a court order issued in other litigation

28 that compels disclosure of any information or items designated in this Action as
-11-

1 “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

2

3 shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

4

5 to issue in the other litigation that some or all of the material covered by the
6 subpoena or order is subject to this Protective Order. Such notification shall include
7 a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8

9 by the Designating Party whose Protected Material may be affected.
10

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

11 the subpoena or court order shall not produce any information designated in this
12 action as “CONFIDENTIAL” before a determination by the court from which the
13 subpoena or order issued, unless the Party has obtained the Designating Party’s
14 permission. The Designating Party shall bear the burden and expense of seeking
15 protection in that court of its confidential material and nothing in these provisions
16 should be construed as authorizing or encouraging a Receiving Party in this Action
17 to disobey a lawful directive from another court.
18
19 9.

A

20

PRODUCED IN THIS LITIGATION

21

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

(a) The terms of this Order are applicable to information produced by a

22 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
23 produced by Non-Parties in connection with this litigation is protected by the
24 remedies and relief provided by this Order. Nothing in these provisions should be
25 construed as prohibiting a Non-Party from seeking additional protections.
26

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

27 produce a Non-Party’s confidential information in its possession, and the Party is
28 subject to an agreement with the Non-Party not to produce the Non-Party’s
-12-

1 confidential information, then the Party shall:
2

(1) promptly notify in writing the Requesting Party and the Non-Party

3 that some or all of the information requested is subject to a confidentiality
4 agreement with a Non-Party;
5

(2) promptly provide the Non-Party with a copy of the Stipulated

6 Protective Order in this Action, the relevant discovery request(s), and a reasonably
7 specific description of the information requested; and

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8

(3) make the information requested available for inspection by the Non-

9 Party, if requested.
10

(c) If the Non-Party fails to seek a protective order from this court within

11 14 days of receiving the notice and accompanying information, the Receiving Party
12 may produce the Non-Party’s confidential information responsive to the discovery
13 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
14 not produce any information in its possession or control that is subject to the
15 confidentiality agreement with the Non-Party before a determination by the court.
16 Absent a court order to the contrary, the Non-Party shall bear the burden and
17 expense of seeking protection in this court of its Protected Material.
18
19 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

20

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

21 Protected Material to any person or in any circumstance not authorized under this
22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
25 persons to whom unauthorized disclosures were made of all the terms of this Order,
26 and (d) request such person or persons to execute the “Acknowledgment and
27 Agreement to Be Bound” that is attached hereto as Exhibit A.
28 / / /
-13-

1 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2

PROTECTED MATERIAL

3

When a Producing Party gives notice to Receiving Parties that certain

4 inadvertently produced material is subject to a claim of privilege or other protection,
5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6 Procedure 26(b)(5)(B).

This provision is not intended to modify whatever

7 procedure may be established in an e-discovery order that provides for production

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
9 (e), insofar as the parties reach an agreement on the effect of disclosure of a
10 communication or information covered by the attorney-client privilege or work
11 product protection, the parties may incorporate their agreement in the stipulated
12 protective order submitted to the court.
13
14 12.

MISCELLANEOUS

15

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

16 person to seek its modification by the Court in the future.
17

12.2 Right to Assert Other Objections. By stipulating to the entry of this

18 Protective Order, no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in this
20 Stipulated Protective Order. Similarly, no Party waives any right to object on any
21 ground to use in evidence of any of the material covered by this Protective Order.
22

12.3 Filing Protected Material. A Party that seeks to file under seal any

23 Protected Material must comply with Local Civil Rule 79-5. Protected Material
24 may only be filed under seal pursuant to a court order authorizing the sealing of the
25 specific Protected Material at issue. If a Party’s request to file Protected Material
26 under seal is denied by the court, then the Receiving Party may file the information
27 in the public record unless otherwise instructed by the court.
28 / / /
-14-

1 13.

FINAL DISPOSITION

2

After the final disposition of this Action, as defined in paragraph 4, within 60

3 days of a written request by the Designating Party, each Receiving Party must return
4 all Protected Material to the Producing Party or destroy such material. As used in
5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
6 summaries, and any other format reproducing or capturing any of the Protected
7 Material. Whether the Protected Material is returned or destroyed, the Receiving

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 Party must submit a written certification to the Producing Party (and, if not the same
9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
10 (by category, where appropriate) all the Protected Material that was returned or
11 destroyed and (2) affirms that the Receiving Party has not retained any copies,
12 abstracts, compilations, summaries or any other format reproducing or capturing any
13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
16 reports, attorney work product, and consultant and expert work product, even if such
17 materials contain Protected Material. Any such archival copies that contain or
18 constitute Protected Material remain subject to this Protective Order as set forth in
19 Section 4 (DURATION).
20
21 14.

VIOLATION

22

Any violation of this Order may be punished by appropriate measures

23 including, without limitation, contempt proceedings and/or monetary sanctions.
24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
25
26

DATED: December 14, 2016

27
28

HONORABLE MANUEL L. REAL
UNITED STATES DISTRICT JUDGE

-15-

1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3
4

DATED: December 7, 2016

LAW OFFICES OF ANTONIO H.
RODRIGUEZ

5
6
7

By:

ANTONIO H. RODRIGUEZ
Attorneys for Plaintiffs Estela Rodriguez
and Abel Rodriguez

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

8
HURRELL CANTRALL LLP

/s/ Antonio H. Rodriguez

9
10
11 DATED: December 7, 2016
12

LAW OFFICES OF JORGE GONZALEZ

13
By:

14

/s/ Jorge Gonzalez
JORGE GONZALEZ
Attorneys for Plaintiff A.E.R., a Minor, by
and through his Guardian ad Litem,
Stephanie Yanez, individually and as
successor in interest on behalf of decedent
Eduardo Edwin Rodriguez

15
16
17
18
19
20

DATED: December 7, 2016

HURRELL CANTRALL LLP

21
22
23
24
25
26

/s/ Diane Martinez
By:
THOMAS C. HURRELL
DIANE MARTINEZ
ARTYOM BAGHDISHYAN
Attorneys for Defendants COUNTY OF
LOS ANGELES, ANDREW
ALATORRE, and SANDY GALDAMEZ

27
28
-16-

1
2 I,

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
_____________________________

[print

or

type

full

name],

of

3 _________________________________ [print or type full address], declare under
4 penalty of perjury that I have read in its entirety and understand the Stipulated
5 Protective Order that was issued by the United States District Court for the Central
6 District of California on [date] in the case of A.E.R., a Minor, by and through his
7 Guardian at Litem, Stephanie Yanez, et al. v. County of Los Angeles, et al., Case No.

300 SOUTH GRAND AVENUE, SUITE 1300
LOS ANGELES, CALIFORNIA 90071
TELEPHONE [phone]

HURRELL CANTRALL LLP

8 2:16-cv-04895-R-MRWx. I agree to comply with and to be bound by all the terms
9 of this Stipulated Protective Order and I understand and acknowledge that failure to
10 so comply could expose me to sanctions and punishment in the nature of contempt.
11 I solemnly promise that I will not disclose in any manner any information or item
12 that is subject to this Stipulated Protective Order to any person or entity except in
13 strict compliance with the provisions of this Order. I further agree to submit to the
14 jurisdiction of the United States District Court for the Central District of California
15 for enforcing the terms of this Stipulated Protective Order, even if such enforcement
16 proceedings occur after termination of this action.
17 __________________________

[print

or

type

I hereby appoint
full

name]

of

18 __________________________________________ [print or type full address and
19 telephone number] as my California agent for service of process in connection with
20 this action or any proceedings related to enforcement of this Stipulated Protective
21 Order.
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24
25 Printed name: _______________________________
26
27 Signature: __________________________________
28
-17-