Krystal Lopez v. City of Glendora et al

Filing 26

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 25 . See order for details. (hr)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10
11

Case No.: 2:17-cv-06843- ODW-RAO

KRYSTAL LOPEZ,

12

Plaintiff,

[PROPOSED] STIPULATED
PROTECTIVE ORDER

13
14
15
16
17
18

vs.
CITY OF GLENDORA, LISA
ROSALES, WILLIAM RAYMOND
KODADEK, MATTHEW
WENDLING, and DOES 1 through
10,

19

Defendants.

20
21
22
23
24
25
26
27

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

28
STIPULATED PROTECTIVE ORDER

1

1

protections on all disclosures or responses to discovery and that the protection it

2

affords from public disclosure and use extends only to the limited information

3

or items that are entitled to confidential treatment under the applicable legal

4

principles.
B. GOOD CAUSE STATEMENT

5
6

B.1

Defendants' Contentions.

7

Defendants contend that there is good cause and a particularized need for a

8

protective order to preserve the interests of confidentiality and privacy in peace officer

9

personnel file records and associated investigative or confidential records for the

10

following reasons. Plaintiff does not agree with and does not stipulate to defendants'

11

contentions in this section below.

12

First, defendants contend that peace officers have a federal privilege of

13

privacy in their personnel file records: a reasonable expectation of privacy therein that

14

is underscored, specified, and arguably heightened by the Pitchess protective

15

procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027,

16

1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665,

17

*2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to

18

privilege based discovery disputes involving federal claims,” the “state privilege law

19

which is consistent with its federal equivalent significantly assists in applying

20

[federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D.

21

603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based

22

“privacy rights [that] are not inconsequential” in their police personnel records); cf.

23

Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Under California

24

law, peace officer personnel file information is presumed confidential and such may

25

not be discovered or disclosed absent a Pitchess Order. See, e.g., Warrick v. Superior

26

Ct., 35 Cal.4th 1011 (2005); City of Hemet v. Superior Ct. (1995) 37 Cal.App.4th

27

1411. Defendants further contend that uncontrolled disclosure of such personnel file

28

information and/or certain investigative information can threaten the safety of nonSTIPULATED PROTECTIVE ORDER

2

1

party witnesses, officers, and their families/associates; accordingly, such information

2

is also subject to various privileges. See, e.g., Cal. Gov. Code § 6254(f) (law

3

enforcement investigative privilege); Cal. Evid. Code §§ 952-954 (attorney-client

4

privilege); cf. Cal. R. Ct. 1.20(b) (mandatory privacy protections in public court

5

records); U.S. Const., amend V, XIV.

6

Second, defendants contend that municipalities and law enforcement agencies

7

have federal deliberative-executive process privilege, federal official information

8

privilege, federal law enforcement privilege, and federal attorney-client privilege

9

(and/or attorney work-product protection) interests in the personnel files of their peace

10

officers – particularly as to those portions of peace officer personnel files that contain

11

critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or

12

communications for the purposes of obtaining or rendering legal advice or analysis –

13

potentially including but not limited to evaluative/analytical portions of Internal

14

Affairs type records or reports, evaluative/analytical portions of supervisory records or

15

reports, and/or reports prepared at the direction of counsel, or for the purpose of

16

obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa

17

Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir.

18

1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654,

19

668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998);

20

Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.

21

v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants

22

further contend that such personnel file records are restricted from disclosure by the

23

public entity’s custodian of records pursuant to applicable California law and that

24

uncontrolled release is likely to result in needless intrusion of officer privacy;

25

impairment in the collection of third-party witness information and statements and

26

related legitimate law enforcement investigations/interests; and a chilling of open and

27

honest discussion regarding and/or investigation into alleged misconduct that can

28
STIPULATED PROTECTIVE ORDER

3

1

erode a public entity’s ability to identify and/or implement any remedial measures

2

that may be required.

3

Third, defendants contend that, since peace officers do not have the same

4

rights as other private citizens to avoid giving compelled statements, it is contrary to

5

the fundamental principles of fairness to permit uncontrolled release of officers’

6

compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,

7

828-830 (1985); cf. U.S. Const., amend V.

8

B.2. Plaintiff does not agree with and does not stipulate to defendants'

9

contention herein above, and nothing in this Stipulation or its associated Order shall

10

resolve the parties’ disagreement, or bind them, concerning the legal statements and

11

claimed privileges set forth above.

12

B.3. The parties jointly contend that there is typically a particularized need

13

for protection as to any medical or psychotherapeutic records, because of the privacy

14

interests at stake therein. Because of these sensitive interests, a Court Order should

15

address these documents rather than a private agreement between the parties.

16

B.4. The parties therefore stipulate that there is Good Cause for, and hereby

17

jointly request that the Honorable Court issue/enter, a Protective Order re confidential

18

documents consistent with the terms and provisions of this Stipulation. However, the

19

entry of a Protective Order by the Court pursuant to this Stipulation shall not be

20

construed as any ruling by the Court on the aforementioned legal statements or

21

privilege claims in this section, nor shall this section be construed as part of any such

22

Court Order.

23

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

24

resolution of disputes over confidentiality of discovery materials, to adequately

25

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

26

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

27

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

28

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

4

1

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

2

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

3

has been maintained in a confidential, non-public manner, and there is good cause

4

why it should not be part of the public record of this case.

5

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

6

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

7

Stipulated Protective Order does not entitle them to file confidential information under

8

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

9

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

10
11

material under seal.
There is a strong presumption that the public has a right of access to judicial

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

constitute good cause.

24

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

25

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

26

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

27

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

28

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

5

1

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

2

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

3

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

4

file documents under seal must be provided by declaration.

5

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

6

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

7

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

8

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

9

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

10

should include an explanation of why redaction is not feasible.

11

2.

DEFINITIONS

12

2.1

Action: this pending federal law suit.

13

2.2

Challenging Party: a Party or Non-Party that challenges the

14
15

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

16

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

17

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

18

Cause Statement.

19

2.4

20

their support staff).

21

2.5

Counsel: Outside Counsel of Record and House Counsel (as well as
Designating Party: a Party or Non-Party that designates information or

22

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

23

“CONFIDENTIAL.”

24

2.6

Disclosure or Discovery Material: all items or information, regardless of

25

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

26

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

27

generated in disclosures or responses to discovery in this matter.

28
STIPULATED PROTECTIVE ORDER

6

1

2.7

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

2

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

3

expert witness or as a consultant in this Action.

4

2.8

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

5

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

6

counsel.

7
8
9

2.9

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

other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a party

10

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

11

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

12

appeared on behalf of that party, including support staff.

13

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

14

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

15

support staffs).

16
17
18

2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation support

19

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

20

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

21

and their employees and subcontractors.

22
23
24
25

2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

26

3.

SCOPE

27

The protections conferred by this Stipulation and Order cover not only

28

Protected Material (as defined above), but also (1) any information copied or extracted
STIPULATED PROTECTIVE ORDER

7

1

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

2

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

3

or their Counsel that might reveal Protected Material.

4
5

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.

6

4.

DURATION

7

Once a case proceeds to trial, all of the court-filed information to be

8

introduced that was previously designated as confidential or maintained pursuant to

9

this protective order becomes public and will be presumptively available to all

10

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

11

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

12

the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th

13

Cir. 2006) (distinguishing “good cause” showing for sealing documents produced

14

in discovery from “compelling reasons” standard when merits-related documents are

15

part of court record). Accordingly, the terms of this protective order do not extend

16

beyond the commencement of the trial.

17

5.

DESIGNATING PROTECTED MATERIAL

18

5.1

Exercise of Restraint and Care in Designating Material for Protection.

19

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

20

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

21

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

22

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

23

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

24

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

25

this Order.

26

Mass, indiscriminate, or routinized designations are prohibited. Designations

27

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

28

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

8

1

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

2

to sanctions.

3

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

4

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

5

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

6

5.2

Manner and Timing of Designations. Except as otherwise provided in

7

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

8

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

9

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

10

produced.

11

Designation in conformity with this Order requires:

12

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

13

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

14

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

15

“CONFIDENTIAL legend”), to each page that contains protected material. If only a

16

portion or portions of the material on a page qualifies for protection, the Producing

17

Party also must clearly identify the protected portion(s) (e.g., by making appropriate

18

markings in the margins).

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

9

1

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

2

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

3
4

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

5

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

6

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

7

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

8

“CONFIDENTIAL.” If only a portion or portions of the information warrants

9

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

10

portion(s).

11

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

12

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

13

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

14

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

15

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

16

Order.

17

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

18

6.1

Timing of Challenges. Any Party or Non-Party may challenge a

19

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

20

Scheduling Order.

21

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

22

resolution process under Local Rule 37.1, et seq. Any discovery motion must strictly

23

comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

24

6.3

Burden. The burden of persuasion in any such challenge proceeding

25

shall be on the Designating Party. Frivolous challenges, and those made for an

26

improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

27

other parties) may expose the Challenging Party to sanctions. Unless the Designating

28

Party has waived or withdrawn the confidentiality designation, all parties shall
STIPULATED PROTECTIVE ORDER

10

1

continue to afford the material in question the level of protection to which it is entitled

2

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

3

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

4

7.1

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

5

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

6

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

7

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

8

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

9

Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a

10
11

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

12

authorized under this Order.
7.2

13

Disclosure of “CONFIDENTIAL” Information or Items. Unless

14

otherwise ordered by the Court or permitted in writing by the Designating Party, a

15

Receiving Party may disclose any information or item designated “CONFIDENTIAL”

16

only to:

17

(a)

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

18

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

19

disclose the information for this Action;

20
21
22

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

23

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

24

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

25

(d) the Court and its personnel;

26

(e) court reporters and their staff;

27
28
STIPULATED PROTECTIVE ORDER

11

1

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

2

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

3

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

4
5
6

(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the

7

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

8

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

9

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

10

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

11

by the Designating Party or ordered by the Court. Pages of transcribed deposition

12

testimony or exhibits to depositions that reveal Protected Material may be separately

13

bound by the court reporter and may not be disclosed to anyone except as permitted

14

under this Stipulated Protective Order; and (i) any mediator or settlement officer, and

15

their supporting personnel, mutually agreed upon by any of the parties engaged in

16

settlement discussions.

17
18
19
20
21

(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation

22

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

23

“CONFIDENTIAL,” that Party must:

24
25
26
27

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena or

28
STIPULATED PROTECTIVE ORDER

12

1

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

2

Stipulated Protective Order; and

3
4
5

(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

6

the subpoena or court order shall not produce any information designated in this

7

action as “CONFIDENTIAL” before a determination by the court from which the

8

subpoena or order issued, unless the Party has obtained the Designating Party’s

9

permission. The Designating Party shall bear the burden and expense of seeking

10

protection in that court of its confidential material and nothing in these provisions

11

should be construed as authorizing or encouraging a Receiving Party in this Action to

12

disobey a lawful directive from another court.

13
14
15

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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

16

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

17

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

18

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

19

construed as prohibiting a Non-Party from seeking additional protections.

20

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

21

produce a Non- Party’s confidential information in its possession, and the Party is

22

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

23

confidential information, then the Party shall:

24

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

25

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

26

with a Non-Party;

27
28
STIPULATED PROTECTIVE ORDER

13

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

1
2

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

3

specific description of the information requested; and
(3) make the information requested available for inspection by the

4
5

Non-Party, if requested.

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

protection in this Court of its Protected Material.

14

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

15

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

16

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

17

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

18

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

19

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

20

persons to whom unauthorized disclosures were made of all the terms of this

21

Order, and (d) request such person or persons to execute the “Acknowledgment

22

and Agreement to Be Bound” that is attached hereto as Exhibit A.

23
24

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

OTHERWISE PROTECTED MATERIAL

25

When a Producing Party gives notice to Receiving Parties that certain

26

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

27

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

28

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

14

1

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

2

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

3

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

4

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

5

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

6

the Court.

7

12.

8

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

9
10

MISCELLANEOUS

person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

11

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

12

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

13

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

14

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

15

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

16

Protected Material must comply with Civil Local Rule 79-5. Protected Material may

17

only be filed under seal pursuant to a court order authorizing the sealing of the

18

specific Protected Material at issue; good cause must be shown in the request to file

19

under seal. If a Party’s request to file Protected Material under seal is denied by the

20

Court, then the Receiving Party may file the information in the public record unless

21

otherwise instructed by the Court.

22

13.

FINAL DISPOSITION

23

After the final disposition of this Action, within 60 days of a written request

24

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

25

the Producing Party or destroy such material. As used in this subdivision, “all

26

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

27

other format reproducing or capturing any of the Protected Material. Whether the

28

Protected Material is returned or destroyed, the Receiving Party must submit a written
STIPULATED PROTECTIVE ORDER

15

1

certification to the Producing Party (and, if not the same person or entity, to the

2

Designating Party) by the 60 day deadline that (1) identifies (by category,

3

where appropriate) all the Protected Material that was returned or destroyed and (2)

4

affirms that the Receiving Party has not retained any copies, abstracts, compilations,

5

summaries or any other format reproducing or capturing any of the Protected Material.

6

Notwithstanding this provision, counsel are entitled to retain an archival copy of all

7

pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

8

correspondence, deposition and trial exhibits, expert reports, attorney work product,

9

and consultant and expert work product, even if such materials contain Protected

10

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

11

remain subject to this Protective Order as set forth in Section 4 (DURATION).

12

14.

VIOLATION

13

Any violation of this Order may be punished by any and all appropriate

14

measures including, without limitation, contempt proceedings and/or monetary

15

sanctions.

16

//

17

//

18

//

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28

//
STIPULATED PROTECTIVE ORDER

16

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

1
2

Respectfully submitted,

3
4

Date: March 5, 2018

5
6

Law Offices of Erin Darling
By: /s/ Erin Darling
Kevin S. Conlogue, Attorney for Plaintiff,
KRYSTAL LOPEZ

7
8

Date: March 5, 2018

9
10
11
12
13
14

Law Office of D. Wayne Leech a Professional
Corporation
By: /s/ D. Wayne Leech
D. Wayne Leech, Attorney for Defendants CITY OF
GLENDORA, LISA ROSALES, WILLIAM
RAYMOND KODADEK and MATTHEW
WENDLING

////
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

15
16
17

DATED: March 7, 2018

________________________
HON. ROZELLA A. OLIVER
United States Magistrate Judge

18
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER

17

EXHIBIT A

1

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

5

that I have read in its entirety and understand the Stipulated Protective Order that

6

was issued by the United States District Court for the Central District of California

7

on March__, 2018, in the case of KRYSTAL LOPEZ v. CITY OF GLENDORA,

8

LISA ROSALES, WILLIAM RAYMOND KODADEK, MATTHEW WENDLING,

9

and DOES 1 through 10, United States District Court Case No.: 2:17-cv-06843-

10

ODW-RAO. I agree to comply with and to be bound by all the terms of this Stipulated

11
12
13
14
15
16
17
18

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

19

Order, even if such enforcement proceedings occur after termination of this action.

20

I hereby appoint __________________________ [print or type full name] of

21

_______________________________________ [print or type full address and

22

telephone number] as my California agent for service of process in connection with

23

this action or any proceedings related to enforcement of this Stipulated Protective

24

Order.

25

Date: ______________________________________

26

City and State where sworn and signed: _________________________________

27

Printed name: _______________________________

28

Signature: __________________________________
STIPULATED PROTECTIVE ORDER

18

CERTIFICATE OF SERVICE

1
2

I hereby certify that I electronically filed the foregoing with the Clerk of the

3
4
5

Court using the CM/ECF system which will send notification of such filing to the
Electronic Service List for this Case.
Law Office of D. Wayne Leech, a Professional
Corporation

6
7
8
9
10
11

DATED: March 6, 2018

/s/ D. Wayne Leech
D. WAYNE LEECH, Attorneys for Defendants,
CITY OF GLENDORA, LISA ROSALES,
WILLIAM RAYMOND KODADEK and
MATTHEW WENDLING

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER

19