Unuva Shuler v. City of Los Angeles et al

Filing 29

AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order 28 (dml)

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._ 1 2 3 4 5 6 7 8 9 10 11 Muammar Reed, Esq., SBN #275133 Reed Law 400 Corporate Pointe, STE 300 Culver City, CA 90230 Tel:(310)242-8933; Fax: (424)320-3033 Email: reed.muammar(a~mail.com FILED CLERK, U.S. DISTRICT COURT .1UL ~ 2 2017 CENTRAL DISTRICT OF CALIFORNIA DEPUTY sr Attorney for Plaintiff UNUVASHULER Michael B. Feuer, City Attorney(SBN 111529) Thomas H. Peters, Chief Assistant City Attorney(SBN 163388) Cory M. Brente, Supervising City Attorney(SBN 115453) J. Edwin Rathbun, JR., Deputy City Attorney(SBN 221804) 2 North Main Street 00 6th Floor, City Hall East Los Angeles, CA 90012 Tel: (213)978-7041; Fax: (213)978-8785 Email: edwin.rathbun a,lacity.org 12 13 Attorneys for Defendant CITY OF LOS ANGELES 14 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA —WESTERN DIVISION 17 LJNUVA SHULER,an individual, CASE No.: 16 — CV — 07129 TJH(AJWX) 18 19 2 0 21 22 23 AMENDED TIPULATE PROTECTIVE ORDER Plaintiff, vs. CITY OF LOS ANGELES,a public entity; LOS ANGELES POLICE DEPARTMENT,a public entity, and DOES 1 to 10, inclusive, 24 25 Defendants. 2 6 27 28 Page 1 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting or defending this 5 litigation may be warranted. 6 petition the Court to enter the following Amended Stipulated Protective Order. Accordingly, the Parties hereby stipulate to and 7 The parties submitted a Stipulated Protective Order that was signed by the 8 Court on May 9, 2017 (Doc. 15). This proposed Amended Stipulated Protective 9 Order has been agreed to by counsel after additional discovery was conducted. 10 The Parties acknowledge that this Order does not confer blanket protections 11 on all disclosures or responses to discovery and that the protection it affords from 12 public disclosure and use extends only to the limited information or items that are 13 entitled to confidential treatment under the applicable legal principles. The Parties 14 further acknowledge, as set forth in Section 12.3, below, that this Stipulated 15 Protective Order does not entitle them to file confidential information under seal; 16 Civil Local Rule 79-5 sets forth the procedures that must be followed and the 17 standards that will be applied when a party seeks permission from the Court to file 18 material under seal. 19 B. GOOD CAUSE STATEMENT 20 This Action will involve the disclosure of medical and psychological and/or 21 psychiatric records pertaining to Plaintiff, as well as records and documents related 22 to the Los Angeles Police Department and some of its officers, for which special 23 protection from public disclosure and from use for any purpose other than 24 prosecution of this action is warranted. Such confidential information is protected 25 from disclosure under state or federal statutes, court rules, case decisions, or 26 common law. 27 Furthermore, the Los Angeles Police Department (“Department”) conducts 28 internal administrative investigations of Officer Involved Uses of Force and Page 2 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 Complaint Investigations (hereinafter “Administrative Investigations”). Once an 2 Administrative Investigation is initiated, a formal investigation number is prepared. 3 Such investigations are reviewed by appropriate command officers in the 4 Department. This review has several purposes: (1) to determine whether the 5 involved officers violated any Department policies or procedures; (2) to determine 6 whether administrative discipline and/or retraining of the involved officers is 7 necessary; and (3) to ascertain if police policies and procedures in such areas as 8 supervision, training, tactics, policies, etc. should be modified. Administrative 9 Investigations are an essential aid to providing critical evaluation of Department 10 officers and policies, and to determine the most effective way to serve the citizens 11 of Los Angeles. 12 The Department strives to maintain the confidentiality of an officer's 13 Administrative Investigations, and the information contained therein, in recognition 14 of the protections granted pursuant to California Penal Code §§ 832.5, 832.7, and 15 832.8 and 1040 et al. of the California Evidence Code. Just as officer's personnel 16 package is maintained as confidential, so too are the Administrative Investigations 17 involving a particular officer(s). Administrative Investigations, like an officer's 18 personnel package, include information which is both personal in nature and could 19 potentially impact the liberty interests of the involved police officers and/or 20 civilians named within. The information obtained from personnel packages and 21 Administrative Investigations can, and have been used to initiate disciplinary action 22 against officers, as well as evidence in disciplinary proceedings where the officer's 23 conduct was considered to be contrary to Department policy. At this time, the 24 parties have agreed that certain Administrative Investigation information will be 25 provided pursuant to the terms set forth in this Amended Protective Order. As a 26 result, the parties have agreed to this Proposed Amended Protective Order covering 27 these records for the following Good Cause reasons: 28 Administrative Investigations are maintained as confidential reports Page 3 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 and are considered part of the individual officers' personnel record. Administrative 2 Investigations include information which is both personal in nature and could 3 potentially impact the liberty interests of the involved police officers and/or 4 civilians named within. 5 Investigations can and have been used to initiate disciplinary action against officers 6 and as evidence in disciplinary proceedings where the use of force or tactics used 7 were considered to be contrary to Department policy. The information obtained from Administrative 8 Unfettered release of Administrative Investigations have the potential 9 for untold negative results. In terms of societal interests, it would inhibit the 10 Department’s ability to frankly engage in critical self-analysis. Public exposure of 11 many Administrative Investigations could severely threaten the safety and well- 12 being of the individuals, their families and associates. 13 Investigations include embarrassing facts. At a minimum, disclosure of an entire 14 Administrative Investigation would cause needless intrusion of privacy rights and 15 have a negative effect on the Department’s effort to conduct these important 16 investigations. 17 Investigators are advised that their statements are being taken for the confidential 18 use of the Department. 19 The Many Administrative Indeed, for all of these reasons, persons interviewed by materials and interview statements of Administrative 20 Investigations are maintained in protected files in order to maintain their 21 confidentiality. They are not routinely shown to other city departments. Even then, 22 information which is not clearly relevant to the rationale governing the request is 23 redacted to ensure the utmost regard for the privacy rights of the mentioned within 24 a given report. The reports are not available to the general public except by court 25 order. 26 In each case involving court-ordered disclosure of information from an 27 Administrative Investigation sought in state or federal court, it is Department policy 28 to seek a protective order limiting use of the information to the case at trial and Page 4 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 identifying those persons who may properly be granted access to the information. 2 Absent a protective order, it becomes unrealistic to conceive that the large numbers 3 of attorneys, secretaries, law clerks, paralegals and witnesses involved in many 4 cases will be able to maintain proper confidence of personal, private material absent 5 an order which clearly delineates their responsibilities. The orders further request 6 that said records be returned to the Department after the case has terminated, either 7 by final judgment or otherwise. This request serves to ensure that intrusion into the 8 privacy and employment rights of those involved is limited to the particular case in 9 which the facts are relevant. 10 The issuance of an appropriate protective order makes certain that 11 these privacy concerns are not compromised beyond that degree necessary to the 12 issues before the court. 13 Department and those persons identified within a given Administrative 14 Investigation, the Defendants respectfully request these procedural protections in 15 the instant case. Accordingly, on behalf of the Los Angeles Police 16 Accordingly, the parties hereby stipulate that the above-referenced 17 Administrative Investigation documents and items are confidential in nature and is 18 appropriately produced pursuant to a 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 reasonable necessary uses of such material in preparation for 23 and in the 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. Page 5 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 2 2. DEFINITIONS 2.1 Action: the above captioned action, entitled Unuva Shuler v. City of 3 Los Angeles, Case No. 16-cv-07129-TJH (AJWx) and currently pending before the 4 United States District Court for the Central District of California. 5 6 7 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 8 how it is generated, stored or maintained) or tangible things that qualify for 9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 10 11 12 13 the Good Cause Statement. 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 14 items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: all items or information, regardless 17 of the medium or manner in which it is generated, stored, or maintained (including, 18 among other things, testimony, transcripts, and tangible things), that are produced 19 or generated in disclosures or responses to discovery in this matter. 20 2.7 Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its counsel to serve as 22 an expert witness or as a consultant in this Action. 23 2.8 House Counsel: attorneys who are employees of a party to this Action. 24 House Counsel does not include Outside Counsel of Record or any other outside 25 counsel. 26 27 28 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a Page 6 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 Party to this Action but are retained to represent or advise a Party to this Action and 2 have appeared in this Action on behalf of that Party or are affiliated with a law firm 3 which has appeared on behalf of that party, and includes support staff. 4 2.11 Party: any party to this Action, including all of its officers, directors, 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 7 8 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 9 2.13 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 13 2.14 Protected Material: 14 any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 15 2.15 Receiving Party: 16 Material from a Producing Party. 17 3. a Party that receives Disclosure or Discovery SCOPE 18 The protections conferred by this Amended Stipulation and Order cover not 19 only Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. Any 23 use of Protected Material at trial shall be governed by the orders of the trial judge. 24 This Order does not govern the use of Protected Material at trial. 25 4. DURATION 26 Even after final disposition of this litigation, the confidentiality obligations 27 imposed by this Order shall remain in effect until a Designating Party agrees 28 otherwise in writing or a court order otherwise directs. Final disposition shall be Page 7 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 2 with or without prejudice; and (2) final judgment herein after the completion and 3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 4 including the time limits for filing any motions or applications for extension of time 5 pursuant to applicable law. 6 5. 7 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or Non-Party that designates information or items for protection under 9 this Order must take care to limit any such designation to specific material that 10 qualifies under the appropriate standards. The Designating Party must designate for 11 protection only those parts of material, documents, items, or oral or written 12 communications that qualify so that other portions of the material, documents, 13 items, or communications for which protection is not warranted are not swept 14 unjustifiably within the ambit of this Order. 15 Mass, indiscriminate, or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to 18 impose unnecessary expenses and burdens on other parties) may expose the 19 Designating Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection, that Designating Party must 22 promptly notify all other Parties that it is withdrawing the inapplicable designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided in 24 this Order (see, e.g. second paragraph of section 5.2(a) below), or as otherwise 25 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 26 under this Order must be clearly so designated before the material is disclosed or 27 produced. 28 Designation in conformity with this Order requires: Page 8 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the protected 7 portion(s) (e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed “CONFIDENTIAL.” After the inspecting Party has identified documents it 13 wants copied and produced, the Producing Party must determine which documents, 14 or portions thereof, qualify for protection under this Order. Then, before producing 15 the specified documents, the Producing Party must affix the “CONFIDENTIAL 16 legend” to each page that contains Protected Material. If only a portion or portions 17 of the material on a page qualifies for protection, the Producing Party also must 18 clearly identify the protected portion(s) (e.g., by making appropriate markings in 19 the margins). 20 (b) for testimony given in depositions that the Designating Party identify 21 the Disclosure or Discovery Material on the record, before the close of the 22 deposition all protected testimony. 23 (c) for information produced in some form other than documentary and 24 for any other tangible items, that the Producing Party affix in a prominent place on 25 the exterior of the container or containers in which the information is stored the 26 legend “CONFIDENTIAL.” 27 warrants protection, the Producing Party, to the extent practicable, shall identify the 28 protected portion(s). If only a portion or portions of the information Page 9 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such 4 material. Upon timely correction of a designation, the Receiving Party must make 5 reasonable efforts to assure that the material is treated in accordance with the 6 provisions of this Order. 7 6. 8 9 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 11 12 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 13 6.3 The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Frivolous challenges, and those made for an improper 15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 16 parties) may expose the Challenging Party to sanctions. Unless the Designating 17 Party has waived or withdrawn the confidentiality designation, all parties shall 18 continue to afford the material in question the level of protection to which it is 19 entitled under the Producing Party’s designation until the Court rules on the 20 challenge. 21 7. 22 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this 24 Action only for prosecuting, defending, or attempting to settle this Action. Such 25 Protected Material may be disclosed only to the categories of persons and under the 26 conditions described in this Order. 27 Receiving Party must comply with the provisions of section 13 below (FINAL 28 DISPOSITION). When the Action has been terminated, a Page 10 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 otherwise ordered by the Court or permitted in writing by the Designating Party, a 6 Receiving 7 “CONFIDENTIAL” only to: Party may disclose any information or item designated 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 9 as employees of said Outside Counsel of Record to whom it is reasonably necessary 10 11 12 to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the Court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 Vendors to whom disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 22 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in the 24 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 25 requests that the witness sign an acknowledgment of the protective order; and (2) 26 they will not be permitted to keep any confidential information unless they sign the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 28 agreed by the Designating Party or ordered by the Court. Pages of transcribed Page 11 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 deposition testimony or exhibits to depositions that reveal Protected Material may 2 be separately bound by the court reporter and may not be disclosed to anyone 3 except as permitted under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, 5 mutually agreed upon by any of the Parties engaged in settlement discussions. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 7 PRODUCED IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 that compels disclosure of any information or items designated in this Action as 10 “CONFIDENTIAL,” that Party must: 11 12 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order 14 to issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. 16 include a copy of this Stipulated Protective Order; and 17 18 Such notification shall (c) cooperate with respect to all reasonable procedures sought to be pursued by the designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this 21 action as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 protection in that court of its confidential material and nothing in these provisions 25 should be construed as Authorizing or encouraging a Receiving Party in this Action 26 to disobey a lawful directive from another court. 27 9. 28 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION Page 12 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 (a) The terms of this Order are applicable to information produced by a 2 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 3 produced by Non-Parties in connection with this litigation is protected by the 4 remedies and relief provided by this Order. Nothing in these provisions should be 5 construed as prohibiting a Non-Party from seeking additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: 10 (1) promptly notify in writing the Requesting Party and the Non- 11 Party that some or all of the information requested is subject to a confidentiality 12 agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and 16 17 (3) make the information requested available for inspection by the Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from this Court within 19 14 days of receiving the notice and accompanying information, the Receiving Party 20 may produce the Non-Party’s confidential information responsive to the discovery 21 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 22 not produce any information in its possession or control that is subject to the 23 confidentiality agreement with the Non-Party before a determination by the Court. 24 Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this Court of its Protected Material. 26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 28 Protected Material to any person or in any circumstance not authorized under this Page 13 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 Amended Stipulated Protective Order, the Receiving Party must immediately (a) 2 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 3 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 4 the person or persons to whom unauthorized disclosures were made of all the terms 5 of this Order, and (d) request such person or persons to execute the 6 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 7 A. 8 11. 9 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 10 When a Producing Party gives notice to Receiving Parties that certain 11 inadvertently produced material is subject to a claim of privilege or other 12 protection, the obligations of the Receiving Parties are those set forth in Federal 13 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 14 whatever procedure may be established in an e-discovery order that provides for 15 production without prior privilege review. Pursuant to Federal Rule of Evidence 16 502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure 17 of a communication or information covered by the attorney-client privilege or work 18 product protection, the Parties may incorporate their agreement in the stipulated 19 protective order submitted to the Court. 20 12. 21 22 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 23 12.2 Right to Assert Other Objections. By stipulating to the entry of this 24 Protective Order no Party waives any right it otherwise would have to object to 25 disclosing or producing any information or item on any ground not addressed in 26 this Amended Stipulated Protective Order. Similarly, no Party waives any right to 27 object on any ground to use in evidence of any of the material covered by this 28 Protective Order. Page 14 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 12.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Civil Local Rule 79-5. Protected Material 3 may only be filed under seal pursuant to a court order authorizing the sealing of the 4 specific Protected Material at issue. If a Party's request to file Protected Material 5 under seal is denied by the Court, then the Receiving Party may file the information 6 in the public record unless otherwise instructed by the Court. 7 13. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in section 4 of this Order, 9 within 60 days of a written request by the Designating Party, each Receiving Party 10 must return all Protected Material to the Producing Party or destroy such material. 11 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 12 compilations, summaries, and any other format reproducing or capturing any of the 13 Protected Material. Whether the Protected Material is returned or destroyed, the 14 Receiving Party must submit a written certification to the Producing Party (and, if 15 not the same person or entity, to the Designating Party) by the 60-day deadline that 16 (1) identifies (by category, where appropriate) all the Protected Material that was 17 returned or destroyed and (2) affirms that the Receiving Party has not retained any 18 copies, abstracts, compilations, summaries or any other format reproducing or 19 capturing any of the Protected Material. Notwithstanding this provision, Counsel 20 are entitled to retain an archival copy of all pleadings, motion papers, trial, 21 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 22 and trial exhibits, expert reports, attorney work product, and consultant and expert 23 work product, even if such materials contain Protected Material. Any such archival 24 copies that contain or constitute Protected Material remain subject to this Amended 25 Protective Order as set forth in section 4 (DURATION). 26 \\\ 27 \\\ 28 \\\ Page 15 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 14. VIOLATIONS OF THIS AMENDED STIPULATED PROTECTIVE 2 ORDER 3 Any violation of this Order may be punished by any and all appropriate 4 measures including, without limitation, contempt proceedings, and/or monetary 5 sanctions. 6 7 IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD. 8 9 DATED: Julyl 1, 2017 10 /s/ Muammar Reed Muammar ee B reed.muammar ,~mail.com 11 12 400 Corporate Pointe, Suite 300 Culver City, CA 90230 T: 310-24Z 8933 ~ F: 424-320-3033 13 14 Attorney for Plaintiff UNUVASHULER 15 16 /s/ J. Edwin Rathbun, Jr. J. Edwin Rathbun, Jr., Deputy City Attorney edwin.rathbun(a~lacity.org ort am treet 6rh Floor, City Hall East Los Angeles, CA 90012 TeL• (2I3)978-7041; Fax: (213)978-8785 17 18 19 2 0 21 Attorneys for Defendant CITY OF LOS ANGELES 22 23 24 I 25 FOR GOOD CAUSE SHOWN,IT IS SO ORDERED. DATED: ~ , i -Z . u,~ -~ 2 6 27 28 Hon. Andrew J. Wistrich United States Magistrate Judge Page 16 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 ATTESTATION 2 3 Pursuant to L.R. 5-4.3.4(a)(2)(i), I hereby attest that MUAMMAR 4 REED, counsel for Plaintiff Unuva Shuler, concurs in the content of this filing and 5 has authorized this filing. 6 7 8 9 DATED: July 11, 2017 MICHAEL N. FEUER, City Attorney THOMAS H. PETERS, Chief Assistant City Attorney CORY M. BRENTE, Supv. Assistant City Attorney 10 11 12 13 By: /s/ J. Edwin Rathbun, Jr. J. EDWIN RATHBUN, JR. Deputy City Attorney Attorneys for Defendant CITY OF LOS ANGELES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 17 of 18 AMENDED STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, ____________________ [print or type full name], of ______________________ 5 [print or type full address], declare under penalty of perjury that I have read in its 6 entirety and understand the Amended Stipulated Protective Order that was issued 7 by the United States District Court for the Central District of California on ______ 8 [date] in the case of Unuva Shuler, v. City of Los Angeles, Case No. 16 – CV – 9 07129 TJH (AJWX). I agree to comply with and to be bound by all the terms of this 10 Amended Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Amended Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint ______________________ [print 19 or type full name] of ___________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Amended 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 Signature: _________________________________ 28 Page 18 of 18 AMENDED STIPULATED PROTECTIVE ORDER

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