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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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[phone]
Email: [e-mail]
Email: [e-mail]
N"~T~ ~f~~c"4~$ ,`?,~~~ gy ~~~g;~r
Email: acallCccroslaw.com

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Attorneys for Defendants, COUNTY OF LOS ANGELES and
NATHAN GILLESPIE

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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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
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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.
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HERNANDEZ,deceased,

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Plaintiffs,

) STIPULATION FOR PROTECTIVE
~ ORDER RE: CONFIDENTIAL
) DISCOVERY MATERIALS

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v.

)

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COUNTY OF LOS ANGELES; NATHAN
GILLESPIE; and DOES 1-10, inclusive,

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Defendants.

~ Complaint Filed: 12/20/16
J Trial Date:

2/27/18

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1. A. PURPOSES AND LIMITATIONS

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

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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 [phone]
fax
(626)2437111

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0446

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STIPULATED PROTECTIVE ORDER

Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 2 of 16 Page ID #:274

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disclosure and from use for any purpose other than prosecuting this litigation maybe

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

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the following Stipulated Protective Order. The parties acknowledge that this Order

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does not confer blanket protections on all disclosures or responses to discovery and

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that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The parties further acknowledge, as set forth in Section

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12.3, below, that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

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that must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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B. GOOD CAUSE STATEMENT

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In this case plaintiffs are making claims of unlawful arrest, detention,

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excessive force, Monell claims, and wrongful death against the defendants. Plaintiffs

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have requested internal investigation reports, personnel file of Deputy Nathan

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Gillespie, written policies, medical records, criminal histories of Miguel Hernandez

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and Michael Mofford, autopsy report, and disciplinary information. Some of these

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documents are confidential and/or are not available to the general public, and also

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contain sensitive personal/private information about third parties. Plaintiffs have also

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requested dispatch calls and other Sheriffs Department radio communications

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concerning the incident in this case. These recordings also contain information about

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unrelated matters and third parties.

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The United States Supreme Court has recognized the importance of protective

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orders to safeguard the privacy of individuals. See Seattle Times Co. v. Rhinehart,

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467 U.S. 20, 34-37(1984). The Ninth Circuit has stated that discovery should be

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more limited with regard to third parties to protect them from harassment,

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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 [phone]
(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

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~ Westwood Chemical Co., 649 F.2d 646, 649 (9th Cir. 1980). Further, under

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~ California law peace officer personnel records are confidential. California Evidence

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Code Sections 1043, 1045; Pitches v. Super.Ct. (Echeveria) (1974) 11 Cad 531,

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537-540, 113 CR 897, 901-903. In this case, the documents and data sought

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implicate privacy rights for Deputy Nathan Gillespie as well as third parties.

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Additionally, documents on these matters contain confidential and sensitive

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information regarding the workings ofthe Los Angeles Sheriffs Department. General

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disclosure of this information would harm such interests and prevent the Department

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f
rom effectively performing its duties to the public. Therefore, the Sheriffs

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Department has a strong security interest in preventing general disclosure of this

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information.

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Plaintiff is requesting all Sheriffs Department written guidelines, policies and

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procedures. These documents and communications also are not generally available to

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the public and contain sensitive and confidential information concerning the

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operation of the Sheriffs Department. General knowledge of the policies and

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procedures of the Sheriffs Department would endanger the security of Sheriffs

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Department personnel who perform their duties, as criminals, detainees and arrestees

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could anticipate Department tactics, thus nullifying their effectiveness and

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threatening the safety of law enforcement personnel. See Kelly v. City ofSan Jose

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N.D. Cal. 1987)114 F.R.D. 653, 666. ("A police department's interest in not
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permitting the general public to have access to such materials [manuals and

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memoranda on law enforcement policies] may be weighty. Legitimate law

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enforcement efforts could be frustrated, and the lives of officers could be endangered,

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if anyone who wanted to could learn details about how officers are trained to

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accomplish their missions in specific situations.")

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

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resolution of disputes over confidentiality of discovery materials, to adequately

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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 [phone]
Faz (626) 2431171

10446

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STIPULATED PROTECTIVE ORDER

Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 4 of 16 Page ID #:276

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parties are permitted reasonable necessary uses of such material in preparation for

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and in the conduct of trial, to address their handling at the end of the litigation, and

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serve the ends of justice, a protective order for such information is justified in this

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matter. It is the intent of the parties that information will not be designated as

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confidential for tactical reasons and that nothing be so designated without a good

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f
aith belief that it has been maintained in a confidential, non-public manner, and there

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is good cause why it should not be part ofthe public record of this case.

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2 DEFINITIONS
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2.1 Action: this pending federal law suit

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2 Challenging Party: a Party or Non-Party that challenges the designation of
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information or items under this Order.

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2 "CONFIDENTIAL" Information or Items: information (regardless of how
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it is generated, stored or maintained) or tangible things that qualify for protection

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

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Cause Statement.

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2 Counsel: Outside Counsel of Record and House Counsel (as well as their
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18 ~ support staf
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2 Desi nating Party: a Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as

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CONFIDENTIAL" or "ATTORNEYS EYES ONLY."
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2 Disclosure or Discovery Material: all items or information, regardless of
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the medium or manner in which it is generated, stored, or maintained (including,

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

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generated in disclosures or responses to discovery in this matter.

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2 Expert: a person with specialized knowledge or experience in a matter
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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 [phone]
Fax
(626)24317 7

an expert witness or as a consultant in this Action.
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STIPULATED PROTECTIVE ORDER

Casel~:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 5 of 16 Page ID #:277

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

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~ House Counsel does not include Outside Counsel of Record or any other outside

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I counsel.

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2 Non-Party: any natural person, partnership, corporation, association, or
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other legal entity not named as a Party to this action.

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2
.10 Outside Counsel of Record: attorneys who are not employees of a party to

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this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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.12 Producingarty: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2
.13 Professional Vendors: persons or entities that provide litigation support

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

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

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and their employees and subcontractors.

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2
.14 Protected Material: Disclosure or Discovery Material that is designated as

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CONFIDENTIAL" or "ATTORNEYS EYES ONLY" including:
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( Personnel file for Nathan Gillespie
i)

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( Internal Affairs/Homicide investigation file
ii)

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(
iii) Los Angeles County Sheriffs Department written guidelines,

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policies, and/or procedures

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( Criminal histories
iv)

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( Autopsy/Medical/Laboratory records
v)

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( Disciplinary Records
vi)

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Collins Collins
Muir +Stewart uv
1 100 EI Cenlm Sircet
So, Pasadena, CA 91030
Phone [phone]
Fax
(626)2451177

vii)
( Dispatch calls and radio communications
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STIPULATED PROTECTIVE ORDER

Case ::16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 6 of 16 Page ID #:278

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2
.15 Receiving Party: a Party that receives Disclosure or Discovery Material

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rom a Producing Party.
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3 SCOPE
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The protections conferred by this Stipulation and Order cover not only

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

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

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4 DURATION
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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of(1) dismissal of all claims and defenses in this Action, with

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or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5. DESIGNATING PROTECTED MATERIAL

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5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this

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Order must take care to limit any such designation to specific material that qualifies

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under the appropriate standards. The Designating Party must designate for protection

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only those parts of material, documents, items, or oral or written communications that

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Collins Collins
Muir +Stewart ~~r
i ioo ei c~i,~ si.~
So. Pasadrna, CA 91030
Phone [phone]
Fax
(626) 2431111

qualify so that other portions of the material, documents, items, or communications
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STIPULATED PROTECTIVE ORDER

Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 7 of 16 Page ID #:279

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for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to impose

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unnecessary expenses and burdens on other parties) may expose the Designating

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Party to sanctions.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2 Manner and Timing of Designations. Except as otherwise provided in this

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Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

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or ordered, Disclosure or Discovery Material that qualifies for protection under this

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Order must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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

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but excluding transcripts of depositions or other pretrial or trial proceedings), that the

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Producing Party affix at a minimum, the legend "CONFIDENTIAL" (hereinafter

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~~CONFIDENTIAL legend"). Stamping the "CONFIDENTIAL legend" on the cover

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of any multipage document shall designate all pages of the document as confidential,

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unless otherwise indicated by the producing party. If only a portion or portions ofthe

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material on a page qualifies for protection, the Producing Party also must clearly

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

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margins).

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

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need not designate them for protection until after the inspecting Party has indicated

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which documents it would like copied and produced. During the inspection and

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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 [phone]W
(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

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deemed "CONFIDENTIAL." After the inspecting Party has identified the documents

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it wants copied and produced, the Producing Party must determine which documents,

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or portions thereof, qualify for protection under this Order. Then, before producing

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the specified documents, the Producing Party must affix the "CONFIDENTIAL

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legend" to each page that contains Protected Material. If only a portion or portions of

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the material on a page qualifies for protection, the Producing Party also must clearly

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

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margins).

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(b) for testimony given in depositions that the Designating Party identify the

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

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protected testimony. Due to the fact that the parties are direct competitors,

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depositions of a party or an officer, director, or employee of a party shall be taken

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only in the presence of counsel for a party (including the paralegal, clerical, and

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secretarial staff employed by such counsel), court reporters) employed in this action,

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and any other person as to whom the parties in writing agree.

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(c)for information produced in some form other than documentary and for any

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other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored the legend

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~~CONFIDENTIAL." If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).

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(d) The parties may further designate certain discovery material or testimony

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of a highly confidential and/or proprietary nature as "CONFIDENTIAL
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ATTORNEY'S EYES ONLY"(hereinafter "Attorney's Eyes Only Material"). Under

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the terms of this order, the party making the designation is certifying to the court that

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there is a good faith basis both in law and in fact for the designation within the

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meaning of Federal Rule of Civil Procedure 26(c).

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Collins Collins
Muir +Stewart ~~r
7100 EI Ceftlro Street
So. Pasadena, CA 91030
Phone [phone]

F~ `626,243,,,,

20446
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STIPULATED PROTECTIVE ORDER

Case I~:16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 9 of 16 Page ID #:281

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5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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f
ailure to designate qualified information or items does not, standing alone, waive the

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Designating Parly's right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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~ 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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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

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6.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.

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

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Designating Party. Frivolous challenges, and those made for an improper purpose

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e.g., to harass or impose unnecessary expenses and burdens on other parties) may
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expose the Challenging Party to sanctions. Unless the Designating Party has waived

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Party's designation until the Court rules on the challenge.

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7. ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

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

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

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conditions described in this Order. When the Action has been terminated, a

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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
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STIPULATED PROTECTIVE ORDER

Case :16-cv-09412-JFW-SS Document 45 Filed 05/15/17 Page 10 of 16 Page ID #:282

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DISPOSITION).

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

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

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authorized under this Order.

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7.2 Disclosure of"CONFIDENTIAL" Information or Items. Unless otherwise

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

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Pariy may disclose any information or item designated "CONFIDENTIAL" only to:

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

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action;

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(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

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

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

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~~Acknowledgment and Agreement to Be Bound"(E~ibit A);

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(d)the court and its personnel;

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(e) court reporters and their staff;

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(~ professional jury or trial consultants, mock jurors, and Professional Vendors

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

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

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(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;

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(h) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any ofthe parties engaged in settlement discussions; and

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(i) any other person as to whom the parties in writing agree.

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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 [phone]
(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

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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

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outside counsel), and to experts or consultants (together with their clerical staff

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retained by such counsel to assist in the prosecution, defense, or settlement of this

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action. Attorney's eyes only material shall not be disclosed to a party, or to an

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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

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other provisions in this order with respect to confidentiality shall also apply.

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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

11 ~ OTHER LITIGATION
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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

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"
CONFIDENTIAL," that Party must:

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( promptly notify in writing the Designating Party. Such notification shall
a)
include a copy of the subpoena or court order;

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( promptly notify in writing the party who caused the subpoena or order to
b)

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issue in the other litigation that some or all of the material covered by the subpoena

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or order is subject to this Protective Order. Such notification shall include a copy of

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this Stipulated Protective Order; and

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( cooperate with respect to all reasonable procedures sought to be pursued by
c)
the Designating Party whose Protected Material may be affected.

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

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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
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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

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disobey a lawful directive from another court.

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9. ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

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IN THIS LITIGATION

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

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Parly in this Action and designated as "CONFIDENTIAL." Such information

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

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remedies and relief provided by this Order. Nothing in these provisions should be

10

construed as prohibiting allon-Party from seeking additional protections.

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

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

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subject to an agreement with the Non-Party not to produce the Non-Party's

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confidential information, then the Party shall:

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

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that some or all of the information requested is subject to a confidentiality

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agreement with allon-Party;

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

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Protective Order in this Action, the relevant discovery request(s), and a

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reasonably specific description ofthe information requested; and

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

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Party, if requested.

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(c) If the Non-Party fails to seek a protective order from this court within 14

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days of receiving the notice and accompanying information, the Receiving Party may

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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

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

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of seeking protection in this court of its Protected Material.

3

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10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

5

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

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Protected Material to any person or in any circumstance not authorized under this

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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

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11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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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 [phone]

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 [phone]
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