Alex Aguilar, Jr. et al v. City of Los Angeles et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 22 (vm)

5

MICHAEL N. FEUER, City Attorney - SBN 111529
THOMAS H. PETERS, Chief Assistant City Attorney – SBN 163388
CORY M. BRENTE, Assistant City Attorney – SBN 115453
TY A. FORD, Deputy City Attorney – SBN 218365
200 North Main Street, 6th Floor, City Hall East
Los Angeles, CA 90012
Phone No.: [phone]
Fax No.: [phone]
Email: [e-mail]

6

Attorneys for Defendant CITY OF LOS ANGELES

1
2
3
4

7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10
11
12

ALEX AGUILAR, JR., and P.A., by and
through her Guardia Ad Litem, Florence
Ahumada, AND THE ESTATE OF
ALEX AGUILAR, SR.,
Plaintiffs,

13

vs.

14

Case No. CV 17-04382-CBM (MRWx)
Hon Judge Consuelo B. Marshall; Crtm 8B
Hon Magistrate Michael J. Wilner: Crtm 550

STIPULATED PROTECTIVE
ORDER

CITY OF LOS ANGELES, CHIEF
CHARLIE BECK, AND DOES 1-10,
inclusive,

15
16

Defendants.

17
18
19
20
21
22
23
24
25
26
27
28

1.

A.

PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,
proprietary or private information for which special protection from public disclosure
and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the Court to enter the
following Stipulated Protective Order. The parties acknowledge that this Order does
not confer blanket protections on all disclosures or responses to discovery and that the
protection it affords from public disclosure and use extends only to the limited
information or items that are entitled to confidential treatment under the applicable
1

1

legal principles.

2

B.

3

This action involves the City of Los Angeles and members of the Los Angeles

4

Police Department. Plaintiff is seeking materials and information that Defendants

5

City of Los Angeles et al. (“City”) maintains as confidential, such as, inter alia,

6

personnel files of the police officers involved in this incident, Internal Affairs materials

7

and information, video recordings, Force Investigation Division materials and

8

information and other administrative materials and information currently in the

9

possession of the City and which the City believes need special protection from public

10

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

11

the documents referenced above, Plaintiff is seeking information contained in the

12

personnel files of the police officers involved in the subject incident, which the City

13

represents is kept strictly confidential and which the City believes needs special

14

protection from public disclosure and from use for any purpose other than prosecuting

15

this litigation.

GOOD CAUSE STATEMENT

16

The City asserts that the confidentiality of the materials and information sought

17

by Plaintiff is recognized by California and federal law, as evidenced inter alia by

18

California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal.,

19

511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City asserts that it

20

has not publicly released the materials and information referenced above except under

21

protective order or pursuant to a court order, if at all. Certain materials and information

22

referenced above are of the type that has been used to initiate disciplinary action

23

against Los Angeles Police Department (“LAPD”) officers, and has been used as

24

evidence in disciplinary proceedings, where the officers’ conduct was considered to be

25

contrary to LAPD policy.

26

The City contends that absent a protective order limiting disclosure of the

27

materials and information referenced above, any officers identified in such materials

28

and information could face embarrassment, harassment and professional and legal
2

1

harm. The City also contends that the unfettered disclosure of the materials and

2

information, absent a protective order, would allow the media to share this information

3

with potential jurors in the area, impacting the rights of the City herein to receive a fair

4

trial.

5

In addition, Plaintiffs may be producing psychological and medical records

6

reflecting professional care provided to the decedent, Alex Aguilar, prior to his death,

7

and psychological and medical records reflecting care provided to Plaintiffs

8

subsequent to the death of their father, Alex Aguilar. Plaintiffs assert that these records

9

similarly are confidential and are protected by California and federal law. Plaintiffs

10

contend that without a protective order limiting disclosure of such materials and

11

information, plaintiffs could face embarrassment, harassment, and unnecessary

12

invasion of privacy.

13

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

14

resolution of disputes over confidentiality of discovery materials, to adequately protect

15

information the parties are entitled to keep confidential, to ensure that the parties are

16

permitted reasonable necessary uses of such material in preparation for and in the

17

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

18

of justice, a protective order for such information is justified in this matter. It is the

19

intent of the parties that information will not be designated as confidential for tactical

20

reasons and that nothing be so designated without a good faith belief that it has been

21

maintained in a confidential, non-public manner, and there is good cause why it should

22

not be part of the public record of this case.

23
24

C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL

25

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

26

Protective Order does not entitle them to file confidential information under seal and

27

that Local Civil Rule 79-5 sets forth the procedures that must be followed and the

28

standards that will be applied when a party seeks permission from the Court to file
3

1

material under seal. A Party that seeks to file any Protected Material with the Court

2

must apply for leave to file under seal in compliance with Local Civil Rule 79-5.

3

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

4

proceedings and records in civil cases. In connection with non-dispositive motions,

5

good cause must be shown to support a filing under seal. See Kamakana v. City and

6

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

7

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

8

187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

9

cause showing), and a specific showing of good cause or compelling reasons with

10

proper evidentiary support and legal justification, must be made with respect to

11

Protected Material that a party seeks to file under seal. The parties’ mere designation

12

of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

13

submission of competent evidence by declaration, establishing that the material sought

14

to be filed under seal qualifies as confidential, privileged, or otherwise protectable—

15

constitute good cause.

16

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

17

compelling reasons, not only good cause, for the sealing must be shown, and the relief

18

sought shall be narrowly tailored to serve the specific interest to be protected. See

19

Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

20

or type of information, document, or thing sought to be filed or introduced under seal

21

in connection with a dispositive motion or trial, the party seeking protection must

22

articulate compelling reasons, supported by specific facts and legal justification, for the

23

requested sealing order. Again, competent evidence supporting the application to file

24

documents under seal must be provided by declaration.

25

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

26

entirety will not be filed under seal if the confidential portions can be redacted. If

27

documents can be redacted, then a redacted version for public viewing, omitting only

28

the confidential, privileged, or otherwise protectable portions of the document, shall be
4

1

filed. Any application that seeks to file documents under seal in their entirety should

2

include an explanation of why redaction is not feasible.

3

2.

4
5
6
7
8

DEFINITIONS
2.1

Action: Alex Aguilar, Jr., et al. v. City of Los Angeles, et al., Case No.

CV 17-04382-CBM (MRWx).
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

9

how it is generated, stored or maintained) or tangible things that qualify for protection

10

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

11

Statement.

12

2.4

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

13

are not employees of a party to this Action but are retained to represent or advise a

14

party to this Action and have appeared in this Action on behalf of that party or are

15

affiliated with a law firm that has appeared on behalf of that party, and includes

16

support staff.

17

2.5

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

18

items that it produces in disclosures or in responses to discovery as

19

“CONFIDENTIAL.”

20

2.6

Disclosure or Discovery Material: all items or information, regardless

21

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

22

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

23

generated in disclosures or responses to discovery in this matter

24

2.7

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

25

pertinent to the litigation who has been retained by a Party or its counsel to serve as an

26

expert witness or as a consultant in this Action.

27
28

2.8

Final Disposition: the later of (1) dismissal of all claims and defenses in

this action, with or without prejudice; and (2) final judgment herein after the
5

1

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this

2

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

3

time pursuant to applicable law.

4
5
6
7

2.9

Nondisclosure Agreement: the “Acknowledgment and Agreement to Be

Bound” attached hereto as Exhibit A.
2.10 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this Action.

8

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

9

boards, departments, divisions, employees, consultants, retained experts, and Counsel

10
11
12

(and their support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

13

2.13 Professional Vendors: persons or entities that provide litigation support

14

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

15

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

16

their employees and subcontractors.

17

2.14 Protected Material: any Disclosure or Discovery Material that is

18

designated as “CONFIDENTIAL.” This also includes (1) any information copied or

19

extracted from the Disclosure or Discovery Material that is designated as

20

“CONFIDENTIAL”; (2) all copies, excerpts, summaries, abstracts or compilations of

21

information copied or extracted from the Disclosure or Discovery Material that is

22

designated as “CONFIDENTIAL”; and (3) any testimony, conversations, or

23

presentations that might reveal information copied or extracted from the Disclosure or

24

Discovery Material that is designated as “CONFIDENTIAL”.

25
26

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

27
28
6

1

3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only Protected

3

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

4

Protected Material; (2) all copies, excerpts, abstracts, summaries, or compilations of

5

Protected Material; and (3) any testimony, conversations, or presentations by Parties or

6

their Counsel that might reveal Protected Material.

7

The protections conferred by this Stipulation and Order do not cover the

8

following information: (a) any information that is in the public domain at the time of

9

disclosure to a Receiving Party or becomes part of the public domain after its

10

disclosure to a Receiving Party as a result of disclosure not involving a violation of this

11

Order, including becoming part of the public record through trial or otherwise; and (b)

12

any information known to the Receiving Party prior to the disclosure or obtained by

13

the Receiving Party after the disclosure from a source who obtained the information

14

lawfully and under no obligation of confidentiality to the Designating Party. In the

15

event that a Designating Party believes that a Receiving Party has violated this order

16

by the use of information claimed by the Receiving Party to be in the public domain or

17

received from a different lawful source, the Designating Party may request and the

18

Receiving Party must provide the source of the disputed information and bear the

19

burden of proving that the Receiving Party lawfully obtained the information from

20

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

21
22

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

23

4.

24

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

25

CONFIDENTIAL or maintained pursuant to this protective order that is used or

26

introduced as an exhibit at trial becomes public and will be presumptively available to

27

all members of the public, including the press, unless compelling reasons supported by

28

specific factual findings to proceed otherwise are made to the trial judge in advance of
7

1

the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing

2

for sealing documents produced in discovery from “compelling reasons” standard

3

when merits-related documents are part of court record). Accordingly, the terms of this

4

protective order do not extend beyond the commencement of the trial as to the

5

Protected Material used or introduced as an exhibit at trial.

6

5.

DESIGNATING PROTECTED MATERIAL

7

5.1

Exercise of Restraint and Care in Designating Material for

8

Protection.

9

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

10

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

11

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

12

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

13

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

14

communications for which protection is not warranted are not swept unjustifiably

15

within the ambit of this Order.

16

Mass, indiscriminate or routinized designations are prohibited. Designations

17

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

18

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

19

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

20

to sanctions.

21

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

22

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

23

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

24
25

5.2

Manner and Timing of Designations. Except as otherwise provided in

26

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

27

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

28
8

1

under this Order must be clearly so designated before the material is disclosed or

2

produced.

3

Designation in conformity with this Order requires:

4

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

5

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

6

Producing Party affix at a minimum, the legend “CONFIDENTIAL” with the case

7

name and case number (hereinafter “CONFIDENTIAL legend”), to each page that

8

contains protected material. If only a portion of the material on a page qualifies for

9

protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

10

by making appropriate markings in the margins).

11

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

12

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

13

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

14

the designation, all of the material made available for inspection shall be deemed

15

“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

16

copied and produced, the Producing Party must determine which documents, or

17

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

18

specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to

19

each page that contains Protected Material. If only a portion of the material on a page

20

qualifies for protection, the Producing Party also must clearly identify the protected

21

portion(s) (e.g., by making appropriate markings in the margins).

22

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

23

the record before the close of the deposition the exhibits and/or testimony that contains

24

Protected Material.

25

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

26

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

27

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

28

“CONFIDENTIAL.”

If only a portion or portions of the information warrants
9

1

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

2

portion(s).
5.3

3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

4

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

5

Designating Party’s right to secure protection under this Order for such material.

6

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

7

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

8

Order.

9

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

10

Timing of Challenges.

Any Party or Non-Party may challenge a

11

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

12

Order.
6.2

13
14

Meet and Confer.

The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

15

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

16

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

17

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

18

expose the Challenging Party to sanctions. Unless the Designating Party has waived or

19

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

20

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

21

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

22

7.

23

ACCESS TO AND USE OF PROTECTED MATERIAL
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

26

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 Receiving

28

Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
10

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 Party may disclose any information or item designated “CONFIDENTIAL”

7

only to:

8

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

9

Counsel to whom it is reasonably necessary to disclose the information for this Action;

10

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

11

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

12

Agreement (Exhibit A);

13

(c) the court and its personnel;

14

(e) court reporters and their staff;

15

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

16

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

17

Nondisclosure Agreement (Exhibit A);

18
19
20

(f)

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

custodian or other person who otherwise possessed or knew the information;
(g)

during their depositions in this Action: witnesses, and attorneys for

21

witnesses to whom disclosure is reasonably necessary provided: (1) the deposing party

22

requests that the witness sign the Nondisclosure Agreement (Exhibit A); and (2) they

23

will not be permitted to keep any confidential information unless they sign the

24

Nondisclosure Agreement (Exhibit A), unless otherwise agreed by the Designating

25

Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

26

depositions that reveal Protected Material may be separately bound by the court

27

reporter based on a designation made on the record during the deposition and may not

28

be disclosed to anyone except as permitted under this Stipulated Protective Order; and
11

1

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

2

agreed upon by any of the parties engaged in settlement discussions and who have

3

signed the Nondisclosure Agreement (Exhibit A).
7.3.

4

The Receiving Party’s Counsel making a disclosure to any qualified

5

person described herein who is required to sign the Nondisclosure Agreement (Exhibit

6

A) shall retain the original executed copy of the Nondisclosure Agreement until sixty

7

(60) days after the Final Disposition of the Action. Counsel for the Receiving Party

8

shall maintain all signed Nondisclosure Agreements and shall produce the original

9

upon reasonable written notice from opposing counsel. If an issue arises regarding a

10

purported unauthorized disclosure of Protected Material, upon noticed motion of

11

contempt filed by the Designating Party, counsel for the Receiving Party may be

12

required to file the signed Nondisclosure Agreements, as well as a list of the disclosed

13

materials, in camera with the Court having jurisdiction over the motion.

14

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

15

IN OTHER LITIGATION

16

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

17

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

18

as “CONFIDENTIAL,” that Receiving Party must:

19

(a) promptly notify in writing the Designating Party. Such notification shall

20

include a copy of the subpoena or court order;

21

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

22

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

23

subpoena or order is subject to this Protective Order. Such notification shall

24

include a copy of this Stipulated Protective Order; and

25

(c) cooperate with respect to all reasonable procedures sought to be pursued by

26

the Designating Party whose Protected Material may be affected.

27

After being notified by the Receiving Party of a subpoena or court order in other

28

litigation, the Designating Party may seek a protective order concerning the Protected
12

1

Material from the issuing court in the other litigation. The Designating Party shall bear

2

the burden and expense of seeking such a protective order in the issuing court. Upon

3

being notified that a protective order is or has been sought in the issuing court, the

4

Party served with the subpoena or court order shall not produce any information

5

designated in this action as “CONFIDENTIAL” in response to the subpoena or order

6

until the Party has either obtained the Designating Party’s permission or an order from

7

the court ruling on the Designating Party’s application for protective order. Nothing in

8

these provisions should be construed as authorizing or encouraging a Receiving Party

9

in this Action to disobey a lawful directive from another court.

10

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

11

PRODUCED IN THIS LITIGATION

12

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

13

Party in this Action and designated as “CONFIDENTIAL.” Such information

14

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

15

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

16

prohibiting a Non-Party from seeking additional protections.

17

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

18

a Non-Party’s confidential information in its possession, and the Party is subject to an

19

agreement with the Non-Party not to produce the Non-Party’s confidential information,

20

then the Party shall:

21

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

22

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

23

agreement with a Non-Party;

24

(2)

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

25

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

26

reasonably specific description of the information requested; and

27
28

(3) make the information requested available for inspection by the NonParty, if requested.
13

1

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

2

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

3

produce the Non-Party’s confidential information responsive to the discovery request.

4

If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

5

any information in its possession or control that is subject to the confidentiality

6

agreement with the Non-Party before a determination by the court. Absent a court

7

order to the contrary, the Non-Party shall bear the burden and expense of seeking

8

protection in this court of its Protected Material.

9

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

10

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

11

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

12

Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

13

the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

14

all unauthorized copies of the Protected Material, (c) inform the person or persons to

15

whom unauthorized disclosures were made of all the terms of this Order, and (d)

16

request such person or persons to execute the Nondisclosure Agreement (Exhibit A).

17

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

18

PROTECTED MATERIAL

19

When a Producing Party gives notice to Receiving Parties that certain

20

inadvertently produced material is subject to a claim of privilege or other protection,

21

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

22

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

23

may be established in an e-discovery order that provides for production without prior

24

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

25

parties reach an agreement on the effect of disclosure of a communication or

26

information covered by the attorney-client privilege or work product protection, the

27

parties may incorporate their agreement in the stipulated protective order submitted to

28

the court.
14

1

12.

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

2
3

MISCELLANEOUS

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

4

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

5

Protective Order, no Party waives any right it otherwise would have to object to

6

disclosing or producing any information or item on any ground not addressed in this

7

Stipulated Protective Order. Similarly, no Party waives any right to object on any

8

ground to use in evidence of any of the material covered by this Protective Order.

9

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

10

Material with the Court must apply for leave to file under seal in compliance with

11

Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a

12

court order authorizing the sealing of the specific Protected Material at issue. If a

13

Party’s request to file Protected Material under seal is denied by the court, then the

14

Receiving Party may file the information in the public record unless otherwise

15

instructed by the court.

16

13.

FINAL DISPOSITION

17

After the Final Disposition of this Action and within 30 days of a written request

18

by the Designating Party, each Receiving Party must return all Protected Material to

19

the Producing Party or destroy such material.

20

Protected Material” includes all copies, abstracts, compilations, summaries, and any

21

other format reproducing or capturing any of the Protected Material. The Receiving

22

Party must submit a written certification to the Producing Party (and, if not the same

23

person or entity, to the Designating Party) by the 30 day deadline that (1) identifies (by

24

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

25

and (2) affirms that the Receiving Party has not retained any copies, abstracts,

26

compilations, summaries or any other format reproducing or capturing any of the

27

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

28

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
15

As used in this subdivision, “all

1

legal memoranda, correspondence, deposition and trial exhibits, expert reports,

2

attorney work product, and consultant and expert work product, even if such materials

3

contain Protected Material. Any such archival copies that contain or constitute

4

Protected Material remain subject to this Protective Order.

5

14.

6
7

VIOLATION
Any willful violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

8
9
10

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: October 13, 2017

KAYE, MCLANE, BEDNARSKI & LITT, LLP

11
By: / s / Ronald O. Kaye
RONALD O. KAYE
Attorneys for Plaintiffs. ALEX AGUILAR, JR.,
and P.A. by and through her Guardia Ad Litem,
Florence Ahumada, AND THE ESTATE OF
ALEX AGUILAR, SR.

12
13
14
15
16
17
18

DATED: October 13, 2017

MICHAEL N. FEUER, City Attorney
THOMAS H. PETERS, Chief Assistant City Attorney
CORY M. BRENTE, Assistant City Attorney

19
20
21

By: / s / Ty A. Ford
TY A. FORD, Deputy City Attorney
Attorneys for Defendant CITY OF LOS ANGELES

22
23
24
25
26
27

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
10/16/2017
DATED: __________________

__________________________________
HON. MICHAEL J. WILNER
United States Magistrate Judge

28
16

1
EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

I,

_____________________________

[print

or

type

full

name],

__________________________________ [print or type full address], declare under
penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the Central
District of California on [date] in the case of Alex Aguilar, Jr., et al. v. City of Los
Angeles, et al., Case No. CV 17-04382-CBM (MRWx).
I agree to comply with and to be bound by all the terms of this Stipulated
Protective Order and I understand and acknowledge that failure to so comply could
expose me to sanctions and punishment in the nature of contempt. I solemnly promise
that I will not disclose in any manner any information or item that is subject to this
Stipulated Protective Order to any person or entity except in strict compliance with the
provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for
the Central District of California for enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action. I
hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Stipulated Protective
Order.

25
26
27

of

Date: ______________________________________
City and State where sworn and signed: _________________________________

28
17

1

Printed name: _______________________________

2
3

Signature: __________________________________

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18