Miguel Hernandez et al v. County of Los Angeles et al

Filing 46

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order 45 . ***Note Changes Made By Court*** (mr)

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it i 2 3 4 5 6 Tomas A. Guterres,Esq.(State Bar No. 152729) Rebecca S. King,Esq.(State Bar No.305902) Audra G Call, Esq.(State Bar No. 252804) COLLINS COLLINS MUIR + STEWART LLP 1100 El Centro Street South Pasadena,CA 91030 ( 626)243-1100 —FAX(626) 243-1111 Email: tguterres@ccroslaw.com Email: rking@ccroslaw.com N"~T~ ~f~~c"4~$ ,`?,~~~ gy ~~~g;~r Email: acallCccroslaw.com 8 9 Attorneys for Defendants, COUNTY OF LOS ANGELES and NATHAN GILLESPIE 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 16 17 MIGUEL HERNANDEZ, ANNA ~ CASE NO.2:16-cv-09412-JF (SSx) HERNANDEZ,A.A.H., a minor, and A.H., a~ Assigned to Judge John F. tet' minor, by and through their guardian ad 7AJ COut^trOom Litem, CELIA HERNANDEZ,individually ~ and as successors in interest to MIGUEL A. HERNANDEZ,deceased, and A.I.H., a minor by and through his guardian ad litem, LAKEN) [Discovery Document: Referred to TAMBLTNTING,individually and as ) Magistrate Judge Suzanne H.Segal] successor in interest to MIGUEL A. 18 HERNANDEZ,deceased, 19 Plaintiffs, ) STIPULATION FOR PROTECTIVE ~ ORDER RE: CONFIDENTIAL ) DISCOVERY MATERIALS 2 0 v. ) 21 22 COUNTY OF LOS ANGELES; NATHAN GILLESPIE; and DOES 1-10, inclusive, 2 3 Defendants. ~ Complaint Filed: 12/20/16 J Trial Date: 2/27/18 24 2 5 2 6 1. A. PURPOSES AND LIMITATIONS 27 Discovery in this action is likely to involve production of confidential, 2 8 proprietary, or private information for which special protection from public Collins Collins M uir +Stewart ~~P ~ ~oo E~cemro s~reH So. Pasadena, CA 91030 Phone (626)2431100 fax (626)2437111 2 0446 ~' 1 STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 2 of 16 Page ID #:274 1 disclosure and from use for any purpose other than prosecuting this litigation maybe 2 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 3 the following Stipulated Protective Order. The parties acknowledge that this Order 4 does not confer blanket protections on all disclosures or responses to discovery and 5 that the protection it affords from public disclosure and use extends only to the 6 limited information or items that are entitled to confidential treatment under the ~ applicable legal principles. The parties further acknowledge, as set forth in Section g 12.3, below, that this Stipulated Protective Order does not entitle them to file 9 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 10 that must be followed and the standards that will be applied when a party seeks 11 permission from the court to file material under seal. 12 13 B. GOOD CAUSE STATEMENT 14 In this case plaintiffs are making claims of unlawful arrest, detention, 15 excessive force, Monell claims, and wrongful death against the defendants. Plaintiffs 16 have requested internal investigation reports, personnel file of Deputy Nathan 17 Gillespie, written policies, medical records, criminal histories of Miguel Hernandez ig and Michael Mofford, autopsy report, and disciplinary information. Some of these 19 documents are confidential and/or are not available to the general public, and also 20 contain sensitive personal/private information about third parties. Plaintiffs have also 21 requested dispatch calls and other Sheriffs Department radio communications 22 concerning the incident in this case. These recordings also contain information about 23 unrelated matters and third parties. 24 The United States Supreme Court has recognized the importance of protective 25 orders to safeguard the privacy of individuals. See Seattle Times Co. v. Rhinehart, 26 467 U.S. 20, 34-37(1984). The Ninth Circuit has stated that discovery should be 27 more limited with regard to third parties to protect them from harassment, co~~~~5 co~~~~g inconvenience, or disclosure of confidential documents. Dart Industries Co. v. Muir +Stewart ~~P i ioo Ei c~,n~o so- 20446 So. Pasadena, CA 97030 Phone (626) 2431100 (626)2431111 Fa. STIPULATED PROTECTIVE ORDER Case~~:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 3 of 16 Page ID #:275 1 ~ Westwood Chemical Co., 649 F.2d 646, 649 (9th Cir. 1980). Further, under 2 ~ California law peace officer personnel records are confidential. California Evidence 3 Code Sections 1043, 1045; Pitches v. Super.Ct. (Echeveria) (1974) 11 Cad 531, 4 537-540, 113 CR 897, 901-903. In this case, the documents and data sought 5 implicate privacy rights for Deputy Nathan Gillespie as well as third parties. 6 Additionally, documents on these matters contain confidential and sensitive 7 information regarding the workings ofthe Los Angeles Sheriffs Department. General 8 disclosure of this information would harm such interests and prevent the Department 9 f rom effectively performing its duties to the public. Therefore, the Sheriffs 10 Department has a strong security interest in preventing general disclosure of this 11 information. 12 Plaintiff is requesting all Sheriffs Department written guidelines, policies and 13 procedures. These documents and communications also are not generally available to 14 the public and contain sensitive and confidential information concerning the 15 operation of the Sheriffs Department. General knowledge of the policies and 16 procedures of the Sheriffs Department would endanger the security of Sheriffs 17 Department personnel who perform their duties, as criminals, detainees and arrestees 18 could anticipate Department tactics, thus nullifying their effectiveness and 19 threatening the safety of law enforcement personnel. See Kelly v. City ofSan Jose 20 ( N.D. Cal. 1987)114 F.R.D. 653, 666. ("A police department's interest in not 21 permitting the general public to have access to such materials [manuals and 22 memoranda on law enforcement policies] may be weighty. Legitimate law 23 enforcement efforts could be frustrated, and the lives of officers could be endangered, 24 if anyone who wanted to could learn details about how officers are trained to 25 accomplish their missions in specific situations.") 26 Accordingly, to expedite the flow of information, to facilitate the prompt 27 resolution of disputes over confidentiality of discovery materials, to adequately 28 protect information the parties are entitled to keep confidential, to ensure that the Collins Collins M uir+ Stewart ~~P 1100 EI Centro Street So. Pasadena, CA 91030 Phone (626)2431100 Faz (626) 2431171 10446 3 STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 4 of 16 Page ID #:276 1 parties are permitted reasonable necessary uses of such material in preparation for 2 and in the conduct of trial, to address their handling at the end of the litigation, and 3 serve the ends of justice, a protective order for such information is justified in this 4 matter. It is the intent of the parties that information will not be designated as 5 confidential for tactical reasons and that nothing be so designated without a good 6 f aith belief that it has been maintained in a confidential, non-public manner, and there 7 is good cause why it should not be part ofthe public record of this case. 8 9 2 DEFINITIONS . l0 2.1 Action: this pending federal law suit 11 2 Challenging Party: a Party or Non-Party that challenges the designation of .2 12 information or items under this Order. 13 2 "CONFIDENTIAL" Information or Items: information (regardless of how .3 14 it is generated, stored or maintained) or tangible things that qualify for protection 15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 16 Cause Statement. 17 2 Counsel: Outside Counsel of Record and House Counsel (as well as their .4 18 ~ support staf fl. 19 2 Desi nating Party: a Party or Non-Party that designates information or .5 20 items that it produces in disclosures or in responses to discovery as 21 " CONFIDENTIAL" or "ATTORNEYS EYES ONLY." 22 2 Disclosure or Discovery Material: all items or information, regardless of .6 23 the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 2 Expert: a person with specialized knowledge or experience in a matter .7 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as Collins colli~g M uir +Stewart ~~P 1 100 EI Cerrim Street So. Pasadena, CA 91030 Phone (626)2431100 Fax (626)24317 7 an expert witness or as a consultant in this Action. 20446 4 STIPULATED PROTECTIVE ORDER Casel~:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 5 of 16 Page ID #:277 1 2.8 House Counsel: attorneys who are employees of a party to this Action. 2 ~ House Counsel does not include Outside Counsel of Record or any other outside 3 I counsel. 4 5 2 Non-Party: any natural person, partnership, corporation, association, or .9 other legal entity not named as a Party to this action. 6 2 .10 Outside Counsel of Record: attorneys who are not employees of a party to 7 this Action but are retained to represent or advise a party to this Action and have 8 appeared in this Action on behalf of that party or are affiliated with a law firm which 9 has appeared on behalf of that party, and includes support staff. 10 2.11 Party: any party to this Action, including all of its officers, directors, it employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 14 2 .12 Producingarty: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 15 2 .13 Professional Vendors: persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 and their employees and subcontractors. 19 2 .14 Protected Material: Disclosure or Discovery Material that is designated as 2 0 " CONFIDENTIAL" or "ATTORNEYS EYES ONLY" including: 21 ( Personnel file for Nathan Gillespie i) 22 ( Internal Affairs/Homicide investigation file ii) 23 ( iii) Los Angeles County Sheriffs Department written guidelines, 24 policies, and/or procedures 25 ( Criminal histories iv) 26 ( Autopsy/Medical/Laboratory records v) 27 ( Disciplinary Records vi) 28 Collins Collins Muir +Stewart uv 1 100 EI Cenlm Sircet So, Pasadena, CA 91030 Phone (626)2431100 Fax (626)2451177 vii) ( Dispatch calls and radio communications 20446 5 STIPULATED PROTECTIVE ORDER Case ::16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 6 of 16 Page ID #:278 1 2 .15 Receiving Party: a Party that receives Disclosure or Discovery Material 2 rom a Producing Party. f 3 3 SCOPE . 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 10 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 11 12 4 DURATION . 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order shall remain in effect until a Designating Party agrees 15 otherwise in writing or a court order otherwise directs. Final disposition shall be 16 deemed to be the later of(1) dismissal of all claims and defenses in this Action, with 17 or without prejudice; and (2) final judgment herein after the completion and 18 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 19 including the time limits for filing any motions or applications for extension of time 2 0 pursuant to applicable law. 21 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 24 Party or Non-Party that designates information or items for protection under this 2 5 Order must take care to limit any such designation to specific material that qualifies 2 6 under the appropriate standards. The Designating Party must designate for protection 27 only those parts of material, documents, items, or oral or written communications that 28 Collins Collins Muir +Stewart ~~r i ioo ei c~i,~ si.~ So. Pasadrna, CA 91030 Phone (626)2431700 Fax (626) 2431111 qualify so that other portions of the material, documents, items, or communications 20446 6 STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 7 of 16 Page ID #:279 1 for which protection is not warranted are not swept unjustifiably within the ambit of 2 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 ~ Party to sanctions. g 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 this 12 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 13 or ordered, Disclosure or Discovery Material that qualifies for protection under this 14 Order must be clearly so designated before the material is disclosed or produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic documents, 17 but excluding transcripts of depositions or other pretrial or trial proceedings), that the ig Producing Party affix at a minimum, the legend "CONFIDENTIAL" (hereinafter 19 ~~CONFIDENTIAL legend"). Stamping the "CONFIDENTIAL legend" on the cover 20 of any multipage document shall designate all pages of the document as confidential, 21 unless otherwise indicated by the producing party. If only a portion or portions ofthe 22 material on a page qualifies for protection, the Producing Party also must clearly 23 identify the protected portions) (e.g., by making appropriate markings in the 24 margins). 25 A Party or Non-Party that makes original documents available for inspection 26 need not designate them for protection until after the inspecting Party has indicated 27 which documents it would like copied and produced. During the inspection and co~~~~ co~~~~g before the designation, all of the material made available for inspection shall be M uir +Stewart ~~a i ioo ei cem~ so-ee~ 20446 So. Paedelu, CA 97030 Phone (626)24311W (626)2431177 Fax STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 8 of 16 Page ID #:280 1 deemed "CONFIDENTIAL." After the inspecting Party has identified the documents 2 it wants copied and produced, the Producing Party must determine which documents, 3 or portions thereof, qualify for protection under this Order. Then, before producing 4 the specified documents, the Producing Party must affix the "CONFIDENTIAL 5 legend" to each page that contains Protected Material. If only a portion or portions of 6 the material on a page qualifies for protection, the Producing Party also must clearly ~ identify the protected portions) (e.g., by making appropriate markings in the g margins). 9 (b) for testimony given in depositions that the Designating Party identify the l0 Disclosure or Discovery Material on the record, before the close of the deposition all 11 protected testimony. Due to the fact that the parties are direct competitors, 12 depositions of a party or an officer, director, or employee of a party shall be taken 13 only in the presence of counsel for a party (including the paralegal, clerical, and 14 secretarial staff employed by such counsel), court reporters) employed in this action, 15 and any other person as to whom the parties in writing agree. 16 (c)for information produced in some form other than documentary and for any 17 other tangible items, that the Producing Party affix in a prominent place on the ig exterior of the container or containers in which the information is stored the legend 19 ~~CONFIDENTIAL." If only a portion or portions of the information warrants 20 protection, the Producing Party, to the extent practicable, shall identify the protected ~~ portion(s). 22 (d) The parties may further designate certain discovery material or testimony 23 of a highly confidential and/or proprietary nature as "CONFIDENTIAL - 24 ATTORNEY'S EYES ONLY"(hereinafter "Attorney's Eyes Only Material"). Under 25 the terms of this order, the party making the designation is certifying to the court that 26 there is a good faith basis both in law and in fact for the designation within the 27 meaning of Federal Rule of Civil Procedure 26(c). 28 Collins Collins Muir +Stewart ~~r 7100 EI Ceftlro Street So. Pasadena, CA 91030 Phone (626)2431100 F~ `626,243,,,, 20446 V STIPULATED PROTECTIVE ORDER Case I~:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 9 of 16 Page ID #:281 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 f ailure to designate qualified information or items does not, standing alone, waive the 3 Designating Parly's right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 8 ~ 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 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 11 ~ Scheduling Order. 12 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding shall be on the 15 Designating Party. Frivolous challenges, and those made for an improper purpose 16 ( e.g., to harass or impose unnecessary expenses and burdens on other parties) may 17 expose the Challenging Party to sanctions. Unless the Designating Party has waived 18 or withdrawn the confidentiality designation, all parties shall continue to afford the 19 material in question the level of protection to which it is entitled under the Producing 2 0 Party's designation until the Court rules on the challenge. 21 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is 24 disclosed or produced by another Party or by a Non-Party in connection with this 25 Action only for prosecuting, defending, or attempting to settle this Action. Such 2 6 Protected Material may be disclosed only to the categories of persons and under the 27 conditions described in this Order. When the Action has been terminated, a 2 8 Collins Collins M uir +Stewart ~~a 1100 EI Centm Street So. Paedrna,CA 97030 Plwne (626) 2431100 Fax (626)2431111 Receiving Party must comply with the provisions of section 13 below (FINAL 20446 STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 10 of 16 Page ID #:282 1 DISPOSITION). 2 Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. 5 6 7.2 Disclosure of"CONFIDENTIAL" Information or Items. Unless otherwise ~ ordered by the court or permitted in writing by the Designating Party, a Receiving g Pariy may disclose any information or item designated "CONFIDENTIAL" only to: 9 (a) the Receiving Party's Outside Counsel of Record in this Action, as well as l0 employees of said Outside Counsel of Record to whom it is reasonably necessary to 11 disclose the information for this Action; 12 13 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this Action and who have signed the 16 ~~Acknowledgment and Agreement to Be Bound"(E~ibit A); 17 (d)the court and its personnel; 18 (e) court reporters and their staff; 19 (~ professional jury or trial consultants, mock jurors, and Professional Vendors 20 to whom disclosure is reasonably necessary for this Action and who have signed the 21 "Acknowledgment and Agreement to Be Bound"(Exhibit A); 22 23 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 24 25 (h) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any ofthe parties engaged in settlement discussions; and 26 (i) any other person as to whom the parties in writing agree. 27 7.3 Disclosure of"Attorney's E es Only Material". . Attorney's Eyes Only Material, and the information contained therein, shall be co~~~~ co~~~?g Muir +Stewart ~~v i iao Ei c~n~ s~re~ So. Pasadena, CA 97030 Phone (626)2437100 (626)2431111 F~ 20446 ~O STIPULATED PROTECTIVE ORDER Case x:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 11 of 16 Page ID #:283 1 disclosed only to the Court, to counsel for the parties (including outside counsel, and 2 any paralegal, clerical, and secretarial staff employed by counsel for the parties or 3 outside counsel), and to experts or consultants (together with their clerical staff 4 retained by such counsel to assist in the prosecution, defense, or settlement of this 5 action. Attorney's eyes only material shall not be disclosed to a party, or to an 6 officer, director or employee of a party unless otherwise agreed or ordered. If disclosure of Attorney's Eyes Only Material is made pursuant to this paragraph, all 8 other provisions in this order with respect to confidentiality shall also apply. 9 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 11 ~ OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 " CONFIDENTIAL," that Party must: 15 16 ( promptly notify in writing the Designating Party. Such notification shall a) include a copy of the subpoena or court order; 17 ( promptly notify in writing the party who caused the subpoena or order to b) 18 issue in the other litigation that some or all of the material covered by the subpoena 19 or order is subject to this Protective Order. Such notification shall include a copy of 2 0 this Stipulated Protective Order; and 21 22 ( cooperate with respect to all reasonable procedures sought to be pursued by c) the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this 25 action as "CONFIDENTIAL" before a determination by the court from which the 2 6 subpoena or order issued, unless the Party has obtained the Designating Party's 27 permission. The Designating Party shall bear the burden and expense of seeking 28 Collins Collins Muir +Stewart ~~v 1100 EI Cemro Slreet So. Pasadena. CA 91030 PMne (626)2431700 Faz (626)2437711 protection in that court of its confidential material and nothing in these provisions 2 0446 1 STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 12 of 16 Page ID #:284 1 should be construed as authorizing or encouraging aReceiving -Party in this Action to 2 disobey a lawful directive from another court. 3 4 9. ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 5 IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a Non- 7 Parly in this Action and designated as "CONFIDENTIAL." Such information g produced by Non-Parties in connection with this litigation is protected by the 9 remedies and relief provided by this Order. Nothing in these provisions should be 10 construed as prohibiting allon-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 produce allon-Party's confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party's 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality 17 agreement with allon-Party; ig (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a 2 0 reasonably specific description ofthe information requested; and 21 (3) make the information requested available for inspection by the Non- 22 Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 14 24 days of receiving the notice and accompanying information, the Receiving Party may 25 produce the Non-Party's confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the co~~~~ co~~~~g confidentiality agreement with the Non-Party before a determination by the court. Muir +Stewart ~~P i ioo Ei c~n~ so- 20446 So. Pa~dena. CA 97030 PMne (626)2431100 (626)2431111 F~ STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 13 of 16 Page ID #:285 1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 2 of seeking protection in this court of its Protected Material. 3 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this ~ Stipulated Protective Order, the Receiving Party. must immediately (a} notify in g writing the Designating Party of the unauthorized disclosures,(b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material,(c) inform the person or l0 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the "Acknowledgment and 12 Agreement to Be Bound" that is attached hereto as Exhibit A. 13 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, ig the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 parties may incorporate their agreement in the stipulated protective order submitted 25 to the court. 26 12. MISCELLANEOUS 27 28 „ooE.~m~s«~~ F~ `62s,24a,,,, Collins Collins M uir+Stewart~~v So. Pasadena. CA 91030 Phone (626)2431100 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. 20446 13 STIPULATED PROTECTIVE ORDER Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 14 of 16 Page ID #:286 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any ofthe material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any ~ Protected Material must comply with Civil Local Rule 79-5. Protected Material may g only be filed under seal pursuant to a court order authorizing the sealing of the 9 specific Protected Material at issue. If a Party's request to file Protected Material l0 under seal is denied by the court, then the Receiving Party may file the information in 11 the public record unless otherwise instructed by the court. 12 13 /L? ~/is G2T < 13. FINAL DISPOSITION <-~/J 1~~~vr~~ f S~S~ 14 After the final disposition of this Action, as defined in.par ~aph 4, within 60 15 days of a written request by the Designating Party, each Receiving Party must return 16 all Protected Material to the Producing Party or destroy such material. As used in this 17 subdivision, "all Protected Material" includes all copies, abstracts, compilations, ig summaries, and any other format reproducing or capturing any of the Protected 19 Material. Whether the Protected Material is returned or destroyed, the Receiving 2 0 Party must submit a written certification to the Producing Party (and, if not the same 21 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 22 (by category, where appropriate) all the Protected Material that was returned or 23 destroyed and (2)affirms that the Receiving Party has not retained any copies, 24 abstracts, compilations, summaries or any other format reproducing or capturing any 25 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 27 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert co~~~~5 co~~~~g reports, attorney work product, and consultant and expert work product, even if such 20446 M uir+ Stewart „~E~~~s~.~ ~~P 14 STIPULATED PROTECTIVE ORDER So. Pasadena, CA 97030 Ptrorie (626)2411700 Fax (626)2431111 Case ;x:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 15 of 16 Page ID #:287 1 materials contain Protected Material. Any such archival copies that contain or 2 constitute Protected Material remain subject to this Protective Order as set forth in 3 ~ Section 4(DURATION). 4 5 14. Any violation of this Order may be punished by any and all appropriate measures 6 including, without limitation, contempt proceedings and/or monetary sanctions. 7 8 ~ IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD: 9 10 DATED: May 15, 2017 COLLINS COLLINS MUIR + STEWART LLP 11 By: /s/Rebecca Kin TOMAS A. GUTERRES REBECCA S. KING AUDRA C. CALL Attorneys for Defendants COUNTY OF LOS ANGELES and NATHAN GILLESPIE 12 13 14 15 16 17 DATED: May 15, 2017 LAW OFFICES OF DALE K. GALIPO LAW OFFICES OF JOHN BURTON 18 By: /s/Renee Masons, on,~ Dale K. Galipo, Esq. Renee V. Masongsong, Esq. John Burton, Esq. Attorneys for Plaintiffs 19 2 0 21 22 23 FOR GOOD CAUSE SHOWN,IT IS SO ORDERED. 24 2s 2 6 27 , /l -- DATED: ~' ~ ~ ~-- ~~J ~~ Honorable Suza~ine H. Seal United States District/Magistrate Judge 28 Collins Collins M uir +Stewart ~~a 1 t00 EI Ceritm Street So. Pasadena, CA 91030 Phone (626)2431100 Fax (626)2417177 2 0446 15 STIPULATED PROTECTIVE ORDER Case ; x:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 16 of 16 Page ID #:288 i EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, [print or type full name], of 4 [print or type full address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [ date] in the case of A.C.T. 898 PRODUCTS, INC. vs. W.S. INDUSTRIES, INC. 8 CASE NO. 8:16-CV-00476-DOC-JCG), I agree to comply with and to be bound by ( 9 all the terms of this Stipulated Protective Order and I understand and acknowledge 10 that failure to so comply could expose me to sanctions and punishment in the nature 11 of contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person or 13 entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 1~ this action. I hereby appoint [print or type full 18 name] of 19 and telephone number] as my California agent for service of process in connection 20 with this action or any proceedings related to enforcement of this Stipulated 21 Protective Order. 22 Date: 23 City and State where sworn and signed: [print or type full address 24 I 25 Printed name: 2 6 2 7 Signature: 28 cone cars Muir +Stewart ~~r 1100 EI Cenl~o Slrcet So. Pasadena, CA 87030 Pho~ (626)2431100 Fax (626)2431111 2 0446 16 STIPULATED PROTECTIVE ORDER

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