Miguel Sillas et al v. City of Los Angeles et al

Filing 76

PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order 75 . (See document for details.) (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MIGUEL SILLAS, MARIA SILLAS,
and JOSE SILLAS,

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Plaintiffs,

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v.
CITY OF LOS ANGELES, a
municipal corporation; EDGAR
MEJIA, an individual; MATTHEW
MENDEZ, an individual; HAINER
HERNANDEZ, an individual;
MICHAEL MARINO, an individual;
VINCENZO AVERAIMO, an
individual; ALEX FRANCO, an
individual; DANIEL HUGHES, an
individual; JOSE TEJEDA, an
individual; JOHN PADILLA, an
individual; JEREMY MASSEY, an
individual; DANIEL KAMINSKI, an
individual; ARSHAVIR
SHALDJIAN, an individual; RYAN
SCHATZ, an individual; PATRICK
FOREMAN, an individual;
RODOLFO RODRIGUEZ, an
individual; and DOES 1 through 10
inclusive,

Case No. CV17-08691-FMO(AFMx)
Magistrate Judge Alexander F.
MacKinnon
[PROPOSED] PROTECTIVE
ORDER

Defendants.

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DISCOVERY MATTER

1.

A.

PURPOSES AND LIMITATIONS
ORDER

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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

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

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may be warranted. Accordingly, the parties hereby stipulate to and petition the

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Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items that

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are entitled to confidential treatment under the applicable legal principles.

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B.

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This action involves the City of Los Angeles, Edgar Mejia, Matthew

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Mendez, Hainer Hernandez, Michael Marino, Vincenzo Averaimo, Alex Franco,

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Daniel Hughes, Jose Tejeda, John Padilla, Jeremy Massey, Daniel Kaminski,

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Arshavir Shaldjian, Ryan Schatz, Patrick Foreman, and Rodolfo Rodriguez

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(“Defendants”). Plaintiffs are seeking materials and information that Defendants

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City of Los Angeles and Los Angeles Police Department (“City”) maintain as

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confidential, such as personnel files of the police officers involved in this

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incident, Internal Affairs materials and information, video recordings, audio

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recordings, and information and other administrative materials and information

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currently in the possession of the City and which Defendants believe need

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special protection from public disclosure and from use for any purpose other

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than prosecuting this litigation. Plaintiffs are also seeking official information

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contained in the personnel files of the police officers involved in the subject

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incident, which the City maintains as strictly confidential and which Defendants

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believe need special protection from public disclosure and from use for any

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purpose other than prosecuting this litigation.

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GOOD CAUSE STATEMENT

Defendants assert that the confidentiality of the materials and information
sought by Plaintiffs is recognized by California and federal law, as evidenced
3.
ORDER

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inter alia by California Penal Code section 832.7; Kerr v. United States Dist. Ct.

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for N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff’d, 426 U.S. 394 (1976).

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The City has not publicly released the materials and information referenced

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above except under protective order or pursuant to a court order, if at all. These

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materials and information are of the type that have been used to initiate

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disciplinary action against Los Angeles Police Department (“LAPD”) officers,

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and has been used as evidence in disciplinary proceedings, where the officers’

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conduct was considered to be contrary to LAPD policy.

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Defendants contend that absent a protective order delineating the

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responsibilities of nondisclosure on the part of the parties hereto, there is a

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specific risk of unnecessary and undue disclosure by one or more of the many

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attorneys, secretaries, law clerks, paralegals and expert witnesses involved in

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this case, as well as the corollary risk of embarrassment, harassment as well as

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professional, physical and legal harm on the part of the LAPD officers

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referenced in the materials and information.

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Defendants also contend that the unfettered disclosure of the materials and

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

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information with potential jurors in the area, impacting the rights of the

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Defendants herein to receive a fair trial.

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Plaintiffs are also seeking personal financial and other documents

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pertaining to the individual police officer defendants involved in the subject

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incident, which contain identifying information that Defendants maintain as

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strictly confidential for their personal safety, and which Defendants believe need

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special protection from both public disclosure and disclosure to the individual

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Plaintiffs or any other party or Non-Party. Defendants assert that given the

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highly sensitive and personal identifying nature of these materials, and Plaintiff

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Miguel Sillas’ criminal history and documented ties to a dangerous organized

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criminal enterprise, Defendants believe that the disclosure of these materials
4.
ORDER

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should be restricted to Plaintiffs’ attorneys only, and not to the individual

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plaintiffs or any other party or Non-Party, unless authorized by the Court subject

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to Exhibit A, as such disclosure would create a substantial risk of serious harm

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to the individual police officer defendants and their families that could not be

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avoided by less restrictive means.

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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

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parties are permitted reasonable necessary uses of such material in preparation

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

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litigation, and serve the ends of justice, a protective order for such information is

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justified in this matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so designated

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without a good faith belief that it has been maintained in a confidential, non-

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public manner, and there is good cause why it should not be part of the public

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record of this case.

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C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL

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

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this Stipulated Protective Order does not entitle them to file confidential

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

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

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from the court to file material under seal.

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

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judicial proceedings and records in civil cases. In connection with non-

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dispositive motions, good cause must be shown to support a filing under seal.

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See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir.

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2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002),
5.
ORDER

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Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999)

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(even stipulated protective orders require good cause showing), and a specific

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showing of good cause or compelling reasons with proper evidentiary support

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and legal justification, must be made with respect to Protected Material that a

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party seeks to file under seal. The parties’ mere designation of Disclosure or

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Discovery Material as CONFIDENTIAL does not— without the submission of

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competent evidence by declaration, establishing that the material sought to be

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

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constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial,

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

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and the relief sought shall be narrowly tailored to serve the specific interest to be

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protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th

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Cir. 2010). For each item or type of information, document, or thing sought to

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be filed or introduced under seal in connection with a dispositive motion or trial,

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the party seeking protection must articulate compelling reasons, supported by

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specific facts and legal justification, for the requested sealing order. Again,

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competent evidence supporting the application to file documents under seal must

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be provided by declaration.
Any document that is not confidential, privileged, or otherwise protectable

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in its entirety will not be filed under seal if the confidential portions can be

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redacted. If documents can be redacted, then a redacted version for public

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viewing, omitting only the confidential, privileged, or otherwise protectable

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portions of the document, shall be filed. Any application that seeks to file

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documents under seal in their entirety should include an explanation of why

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redaction is not feasible.

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2.

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DEFINITIONS
2.1

Action: this pending federal lawsuit.
6.
ORDER

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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

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

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protection under Federal Rule of Civil Procedure 26(c), and as specified above

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in the Good Cause Statement. This also includes (1) any information copied or

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extracted from the Confidential information; (2) all copies, excerpts, summaries

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or compilations of Confidential information; and (3) any testimony,

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conversations, or presentations that might reveal Confidential information.

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2.4

“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

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Information or Items: extremely sensitive “CONFIDENTIAL” Information or

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Items, the disclosure of which to the individual Plaintiffs or any other Party or

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Non-Party other than the Parties’ attorneys, would create a substantial risk of

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serious harm that could not be avoided by less restrictive means.

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2.5

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
2.6

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY”.

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2.7

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner in which it is generated, stored, or

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maintained (including, among other things, testimony, transcripts, and tangible

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things), that are produced or generated in disclosures or responses to discovery

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in this matter.

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2.8

Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its counsel

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to serve as an expert witness or as a consultant in this Action.
7.
ORDER

2.9

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

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Action. House Counsel does not include Outside Counsel of Record or any

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other outside counsel.
2.10 Non-Party: any natural person, partnership, corporation, association

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or other legal entity not named as a Party to this action.

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

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and have appeared in this Action on behalf of that party or are affiliated with a

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

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2.11 Outside Counsel of Record: attorneys who are not employees of a

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Spertus, Landes & Umhofer, LLP

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

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directors, employees, consultants, retained experts, and Outside Counsel of

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Record (and their support staffs).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation

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

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

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medium) and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

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ATTORNEYS’ EYES ONLY”.
2.16 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.
2.17 Plaintiffs’ Counsel: plaintiffs’ attorneys of record, and their

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essential paralegals, law clerks, and administrative assistants

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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
8.
ORDER

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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

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

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4.

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

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CONFIDENTIAL or maintained pursuant to this protective order used or

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

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available to all members of the public, including the press, unless compelling

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reasons supported by specific factual findings to proceed otherwise are made to

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the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81

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(distinguishing “good cause” showing for sealing documents produced in

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

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

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extend beyond the commencement of the trial.
As for information designed as HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY, even after final disposition of this litigation, the

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confidentiality obligations imposed by this Order shall remain in effect until a

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Designating Party agrees otherwise in writing or a court order otherwise directs.

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Final disposition shall be deemed to be the later of (1) dismissal of all claims

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and defenses in this Action, with or without prejudice; and (2) final judgment

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herein after the completion and exhaustion of all appeals, rehearings, remands,

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trials, or reviews of this Action, including the time limits for filing any motions

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or applications for extension of time pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

Protection. Each Party or Non-Party that designates information or items for
9.
ORDER

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protection under this Order must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. The Designating

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Party must designate for protection only those parts of material, documents,

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items or oral or written communications that qualify so that other portions of the

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material, documents, items or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate or routinized designations are prohibited.

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

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an improper purpose (e.g., to unnecessarily encumber the case development

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process or to impose unnecessary expenses and burdens on other parties) may

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expose the Designating Party to sanctions.

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

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

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must promptly notify all other Parties that it is withdrawing the inapplicable

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designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

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

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otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

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for protection under this Order must be clearly so designated before the material

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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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains

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

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10.
ORDER

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protection, the Producing Party also must clearly identify the protected

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

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

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inspection need not designate them for protection until after the inspecting Party

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has indicated which documents it would like copied and produced. During the

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inspection and before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party

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has identified the documents it wants copied and produced, the Producing Party

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must determine which documents, or portions thereof, qualify for protection

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under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL legend” to each page that

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

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

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

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

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

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deposition all protected testimony.

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

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

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

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the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”. If only a portion or portions of the information

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

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the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an

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inadvertent failure to designate qualified information or items does not, standing

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alone, waive the Designating Party’s right to secure protection under this Order
11.
ORDER

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for such material. Upon timely correction of a designation, the Receiving Party

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must make reasonable efforts to assure that the material is treated in accordance

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with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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

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Scheduling Order.
6.2

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resolution process under Local Rule 37-1 et seq.
6.3

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Meet and Confer. The Challenging Party shall initiate the dispute

Joint Stipulation. Any challenge submitted to the Court shall be via

a joint stipulation pursuant to Local Rule 37-2.
6.4

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The burden of persuasion in any such challenge proceeding shall be

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

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

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

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

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

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material

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that is disclosed or produced by another Party or by a Non-Party in connection

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with this Action only for prosecuting, defending or attempting to settle this

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Action. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the Action has

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been terminated, a Receiving Party must comply with the provisions of section

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13 below (FINAL DISPOSITION).Protected Material must be stored and

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12.
ORDER

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maintained by a Receiving Party at a location and in a secure manner that

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ensures that access is limited to the persons authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party,

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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

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

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necessary to 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;
(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” (Exhibit 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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(f) professional jury or trial consultants, mock jurors, and Professional

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

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have signed the “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

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custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the

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

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party requests that the witness sign the form attached as Exhibit 1 hereto; and

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(2) they will not be permitted to keep any confidential information unless they

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sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

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otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected
13.
ORDER

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Material may be separately bound by the court reporter and may not be disclosed

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

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(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’

keep safe and secure any items and any information contained in such items

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marked HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. The

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parties’ attorneys will not disclose or allow any individual Plaintiffs, any other

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EYES ONLY” Information or Items. The Parties’ attorneys will maintain and

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Spertus, Landes & Umhofer, LLP

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Party or Non-Party access to any items and any information contained in such

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items marked HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

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Unless otherwise ordered by the court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“HIGHLY CONFIDENTIAL” only to:

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(a) 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” (Exhibit A);

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(b) the court and its personnel;

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(c) private court reporters and their staff to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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

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

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

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(e) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information; and
(f) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
14.
ORDER

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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

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

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Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

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shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

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

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

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include a copy of this Stipulated Protective Order; and

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

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pursued by the Designating Party whose Protected Material may be affected. If

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

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

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action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” before a determination by the court from which

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

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

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

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provisions should be construed as authorizing or encouraging a Receiving Party

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

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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

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Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced
15.
ORDER

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

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

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as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to

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

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

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

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confidentiality agreement with a Non-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 of the information requested; and
(3) make the information requested available for inspection by the

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Non-Party, if requested.

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

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14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the

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Receiving Party shall not produce any information in its possession or control

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that is subject to the confidentiality agreement with the Non-Party before a

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determination by the court. Absent a court order to the contrary, the Non-Party

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shall bear the burden and expense of seeking protection in this court of its

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Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)
16.
ORDER

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notify in writing the Designating Party of the unauthorized disclosures, (b) use

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its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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inform the person or persons to whom unauthorized disclosures were made of all

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the terms of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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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

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of

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disclosure of a communication or information covered by the attorney-client

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privilege or work product protection, the parties may incorporate their agreement

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in the stipulated protective order submitted to the court.

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12.

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

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

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

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

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

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on any ground to use in evidence of any of the material covered by this

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Protective Order.

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17.
ORDER

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

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

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

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the specific Protected Material at issue. If a Party’s request to file Protected

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Material under seal is denied by the court, then the Receiving Party may file the

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information in the public record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

60 days of a written request by the Designating Party, each Receiving Party must

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After the final disposition of this Action, as defined in paragraph 4, within

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Spertus, Landes & Umhofer, LLP

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return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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

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the Protected Material. Whether the Protected Material is returned or destroyed,

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the Receiving Party must submit a written certification to the Producing Party

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(and, if not the same person or entity, to the Designating Party) by the 60 day

16

deadline that (1) identifies (by category, where appropriate) all the Protected

17

Material that was returned or destroyed and (2) affirms that the Receiving Party

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has not retained any copies, abstracts, compilations, summaries or any other

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format reproducing or capturing any of the Protected Material. Notwithstanding

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this provision, Counsel are entitled to retain an archival copy of all pleadings,

21

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

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

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

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

25

Material remain subject to this Protective Order as set forth in Section 4

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(DURATION).

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14.

VIOLATION

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18.
ORDER

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2

Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.

3
4

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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6

DATED: 9/27/2018

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9

______________________________
ALEXANDER F. MacKINNON
United States Magistrate Judge

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19.
ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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California on [date] in the case of ___________ [insert formal name of the case

8

and the number and initials assigned to it by the court]. I agree to comply

9

with and to be bound by all the terms of this Stipulated Protective Order and I

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understand and acknowledge that failure to so comply could expose me to

11

sanctions and punishment in the nature of contempt. I solemnly promise that I

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will not disclose in any manner any information or item that is subject to this

13

Stipulated Protective Order to any person or entity except in strict compliance

14

with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District

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Court for the Central District of California for enforcing the terms of this

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

termination of this action.

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I hereby appoint __________________________ [print or type full name]

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of _______________________________________ [print or type full address

21

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

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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20.
ORDER