Sulieto Domingo v. Los Angeles County Sheriffs Department et al

Filing 102

PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani re Stipulation for Protective Order 101 . (see document for details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 11 SULIETO G. DOMINGO, JR. 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  10 Plaintiff, 12 13 v. 14 DEPUTY CHRISTOPHER OPERATION SAFE JAIL (O.S.J.), 15 DEPUTY SEPULVEDA OPERATION SAFE JAIL (O.S.J.), LOS ANGELES 16 COUNTY SHERIFF DEPUTY MENG, REGISTERED NURSE GULSETH 17 (EMP #415900), REGISTERED NURSE OQUENDO (EMP #232707), 18 Defendants. 19 CASE NO. 2:18-cv-03227-JAK-SHK DISCOVERY MATTER Assigned to Hon. Magistrate Judge Shashi H. Kewalramani [PROPOSED] PROTECTIVE ORDER [Assigned to Hon. John A. Kronstadt, Courtroom "10B"] 20 I. PURPOSE AND LIMITATIONS 21 Discovery in this Action is likely to involve production of confidential or 22 private information for which special protection from public disclosure and from use 23 for any purpose other than prosecuting this litigation may be warranted. 24 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 25 following Stipulated Protective Order (hereafter “this Order”). The Parties 26 acknowledge that this Order does not confer blanket protections on all disclosures or 27 responses to discovery and that the protection it affords from public disclosure and 28 use extends only to the limited information or items that are entitled to confidential 1 treatment under the applicable legal principles. 2 II. GOOD CAUSE STATEMENT 3 This Action is likely to involve confidential information derived from 4 personnel records, investigatory documents, and other materials subject to privacy 5 protections for which special protection from public disclosure and from use for any 6 purpose other than prosecution of this Action is warranted. Limiting disclosure of 7 these documents to the context of this litigation as provided herein will, accordingly, 8 further important law enforcement objectives and interests, including the safety of 9 personnel and the public, as well as individual privacy rights of plaintiff, the 10 individual defendants, and third parties. Such confidential materials and 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 information consist of, among other things, materials entitled to privileges and/or 12 protections under the following: the United States Constitution, First Amendment; 13 the California Constitution, Article I, Section 1; California Penal Code §§ 832.5, 14 832.7, and 832.8; California Evidence Code §§ 1040 and 1043 et seq.; the Privacy 15 Act of 1974, 5 U.S.C. § 552a; Health Insurance Portability and Accountability Act 16 of 1996 (HIPAA), Public Law 104-191, decisional law relating to such provisions; 17 and information otherwise generally unavailable to the public, or which may be 18 privileged or otherwise protected from disclosure under state or federal statutes, 19 court rules, case decisions, or common law. Defendants also contend that such 20 confidential materials and information consists of materials entitled to the Official 21 Information Privilege. 22 Confidential information with respect to the Defendants may include but is 23 not limited to: personnel files; internal investigative files and documents; email and 24 written correspondence records; and policies and procedures that are kept from the 25 public in the ordinary course of business, as well as other items subject to the 26 Official Information Privilege and other privileges. Confidential information with 27 respect to Plaintiff may include the following: psychological and medical notes, 28 evaluations, reports, and treatment plans. -2- 1 The Parties reserve the right to challenge a designation of confidentiality 2 pursuant to the terms set forth under Paragraph 8 of this Order. 3 Accordingly, to expedite the flow of information, to facilitate the prompt 4 resolution of disputes over confidentiality of discovery materials, to adequately 5 protect information the Parties are entitled to keep confidential, to ensure that the 6 Parties are permitted to reasonably use such material in preparation for and in 7 conduct of trial, to address their handling at the end of the litigation, and serve the 8 ends of justice, a protective order for such information is justified in this matter. It 9 is the intent of the Parties that information will not be designated as confidential for 10 tactical reasons and that nothing be so designated without a good faith belief that it 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 has been maintained in a confidential, non-public manner, and there is good cause 12 why it should not be part of the public record of this case. 13 III. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 14 SEAL 15 The Parties further acknowledge, as set forth in Section 14.3, below, that this 16 Order does not entitle them to file confidential information under seal. Local Civil 17 Rule 79-5 sets forth the procedures that must be followed and the standards that will 18 be applied when a Party seeks permission from the Court to file materials under 19 seal. 20 There is a strong presumption that the public has a right of access to judicial 21 proceedings and records in civil cases. In connection with non-dispositive motions, 22 good cause must be shown to support a filing under seal. See Kamakana v. City and 23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 25 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 26 require good cause showing), and a specific showing of good cause or compelling 27 reasons with proper evidentiary support and legal justification, must be made with 28 respect to materials that a party seeks to file under seal. -3- The Parties’ mere 1 designation of materials as “CONFIDENTIAL” does not— without the submission 2 of competent evidence by declaration, establishing that the materials sought to be 3 filed under seal qualifies as confidential, privileged, or otherwise protectable— 4 constitute good cause. Further, if a Party requests sealing related to a dispositive 5 motion or trial, then compelling reasons, not only good cause, for the sealing must 6 be shown, and the relief sought shall be narrowly tailored to serve the specific 7 interest(s) to be protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 6778 79 (9th Cir. 2010). For each item or type of information, document, or thing sought 9 to be filed or introduced under seal in connection with a dispositive motion or trial, 10 the Party seeking protection must articulate compelling reasons, supported by 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 specific facts and legal justification, for the requested sealing order. Again, 12 competent evidence supporting the application to file documents under seal must be 13 provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. 16 If documents can be redacted, then a redacted version for public viewing, omitting 17 only the confidential, privileged, or otherwise protectable portions of the document, 18 shall be filed. Any application that seeks to file documents under seal in their 19 entirety should include an explanation of why redaction is not feasible. 20 IV. DEFINITIONS 21 4.1 Action: Sulieto G. Domingo, Jr. v. Deputy Christopher Operation Safe 22 Jail (O.S.J), et al., Case No. 2:18-cv-03227-JAK-SHK. 23 4.2 Challenging Party: a Party or Non-Party that challenges the designation 24 of information or items under this Order. 25 4.3 “CONFIDENTIAL” Information or Items: Information (regardless of 26 the medium or manner in which it is generated, stored, or maintained) or tangible 27 things that qualify for protection under Federal Rule of Civil Procedure 26(c), and 28 as specified above in the Good Cause Statement. -4- 1 4.4 Counsel: General Counsel of Record and House Counsel (as well as 2 their support staff). 3 4.5 Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL.” 6 4.6 Disclosure or Discovery Material: all items or information, regardless 7 of the medium or manner in which it is generated, stored, or maintained (including, 8 among other things, testimony, transcripts, and tangible things), that are produced or 9 generated in disclosures or responses to discovery in this matter. 10 4.7 Expert: a person with specialized knowledge or experience in a matter 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 pertinent to the litigation who has been retained by a Party or his/her Counsel to 12 serve as an expert witness or as a consultant in this Action. 13 4.8 House Counsel: attorneys who are employees of a party to this Action. 14 House Counsel does not include General Counsel of Record or any other outside 15 counsel. 16 4.9 Non-Party: any natural person, partnership, corporation, association or 17 other legal entity not named as a Party to this Action. 18 4.10 General Counsel of Record: attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a Party to this Action and 20 have appeared in this Action on behalf of that Party or are affiliated with a law firm 21 that has appeared on behalf of that Party, as well as their support staff. 22 4.11 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and General Counsel of Record (and their 24 support staffs). 25 4.12 Producing Party: a Party or Non-Party that makes a disclosure or 26 produces discovery material in this Action. 27 4.13 Professional Vendors: persons or entities that provide litigation 28 support services (e.g., photocopying, videotaping, translating, preparing exhibits or -5- 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 3 4.14 Protected Material: any disclosure or discovery material that is 4 designated as “CONFIDENTIAL.” 5 4.15 Producing Party: a Party that makes a disclosure or produces discovery 6 materials to the Receiving Party. 7 4.15 Receiving Party: a Party that receives a disclosure or discovery 8 materials from a Producing Party. 9 V. 10 SCOPE The protections conferred by this Stipulation and Order cover not only 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel (as defined by Sections 4.8 and 4.10) that 15 might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 trial judge. This Order does not govern the use of Protected Material at trial. 18 VI. DURATION 19 Once a case proceeds to trial, information that was designated as 20 “CONFIDENTIAL” or maintained pursuant to this Protective Order used or 21 introduced as an exhibit at trial becomes public and will be presumptively available 22 to all members of the public, including the press, unless compelling reasons 23 supported by specific factual findings to proceed otherwise are made to the trial 24 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 25 “good cause” showing for sealing documents produced in discovery from 26 “compelling reasons” standard when merit-related documents are part of court 27 record). Accordingly, the terms of this Protective Order do not extend beyond the 28 commencement of the trial. -6- 1 VII. DESIGNATING PROTECTED MATERIAL 2 7.1 3 Each Party or Non-Party that designates information or items for protection Exercise of Restraint and Care in Designating Material for Protection. 4 under this Order must take care to limit any such designation to specific materials 5 that qualifies under the appropriate standards. The Designating Party must designate 6 for protection only those parts of materials, documents, items or oral or written 7 communications that qualify so that other portions of the materials, documents, 8 items or communications for which protection is not warranted are not swept 9 unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 7.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise 20 stipulated or ordered, disclosure or discovery materials that qualifies for protection 21 under this Order must be clearly so designated before the materials are disclosed or 22 produced. 23 24 Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 28 contains Protected Material. If only a portion of the material on a page qualifies for -7- 1 protection, the Producing Party also must clearly identify the protected portion(s) 2 (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all materials made available for inspection shall be deemed 7 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 8 wants copied and produced, the Producing Party must determine which documents, 9 or portions thereof, qualify for protection under this Order. Then, before producing 10 the specified documents, the Producing Party must affix the “CONFIDENTIAL 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 legend” to each page that contains Protected Material. If only a portion of the 12 material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 (b) For testimony given in depositions, that the Designating Party identify 16 the disclosure or discovery materials on the record, before the close of the 17 deposition, all protected testimony. 18 (c) For information produced in some form other than documentary and for 19 any other tangible items, that the Producing Party affix in a prominent place on the 20 exterior of the container or containers in which the information is stored the legend 21 “CONFIDENTIAL.” If only a portion or portions of the information warrants 22 protection, the Producing Party, to the extent practicable, shall identify the protected 23 portion(s). 24 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive 26 the Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 28 efforts to assure that the material is treated in accordance with the provisions of this -8- 1 Order. 2 VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 3 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 4 designation of confidentiality at any time that is consistent with the Court’s 5 Scheduling Order. 6 8.2 Meet and Confer. The Challenging Party shall initiate the meet and 7 confer process outlined in Local Rule 37.1, et seq. 8 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 9 joint stipulation pursuant to Local Rule 37-2. 10 8.4 The burden of persuasion in any such challenge proceeding shall be on 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 the Designating Party. Frivolous challenges, and those made for an improper 12 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 13 parties) may expose the Challenging Party to sanctions. Unless the Designating 14 Party has waived or withdrawn the confidentiality designation, all Parties shall 15 continue to afford the material in question the level of protection to which it is 16 entitled under the Producing Party’s designation until the Court rules on the 17 challenge. 18 IX. ACCESS TO AND USE OF PROTECTED MATERIAL 19 9.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this 21 Action only for prosecuting, defending or attempting to settle this Action. Such 22 Protected Material may be disclosed only to the categories of persons and under the 23 conditions described in this Order. When the Action has been terminated, a 24 Receiving Party must comply with the provisions of Section XV, infra. 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 9.2 Disclosure of “CONFIDENTIAL” Information or Items. -9- Unless 1 otherwise ordered by the Court or permitted in writing by the Designating Party, a 2 Receiving Party may disclose any information or item designated 3 “CONFIDENTIAL” only to: 4 (a) the Receiving Party’s General Counsel of Record in this Action, as well 5 as employees of said General Counsel of Record to whom it is reasonably necessary 6 to disclose the information for this Action; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for this Action; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 “Acknowledgment and Agreement to Be Bound,” attached and hereafter referred to 12 as “Exhibit A.” 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have 17 signed Exhibit A. 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (h) deposition witnesses and their attorneys, in the Action to whom 21 disclosure is reasonably necessary, provided the following: (1) the deposing party 22 requests that the witness sign Exhibit A; and (2) the deposing party makes clear that 23 the witness will not be permitted to keep any confidential information unless they 24 sign Exhibit A, unless otherwise agreed by the Designating Party or ordered by the 25 Court. Pages of transcribed deposition testimony or exhibits to depositions that 26 reveal Protected Material may be separately bound by the court reporter and may 27 not be disclosed to anyone except as permitted under this Order; and 28 (i) any mediator or settlement officer, and their supporting personnel, -10- 1 mutually agreed upon by any of the parties engaged in settlement discussions. 2 9.3. Additional Provisions Applicable to Pro Se Inmate Sulieto G. 3 Domingo, Jr. (“Plaintiff”) 4 Plaintiff shall review, but not retain possession of, all documents designated 5 as confidential, and produced by Defendants Deputy Christopher, Deputy 6 Sepulveda, Deputy Meng, Nurse Gulseth, and Nurse Oquendo (“Defendants”), in 7 this Action. (See Manley v. Zimmer, 2013 5592328 (D.Nev. Oct. 9, 2013) 8 [permitting pro se inmate to review, but not retain, redacted documents in his cell; 9 and with the Department of Corrections warden pursuant to the NDOC procedures]). 10 Domingo shall review all documents designated as confidential and produced 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 by Defendants in this Action in accordance with the 2020 California Department of 12 Corrections and Rehabilitation, Department Operations Manual (“DOM”) 13 procedures (esp. Chapter 1, Article 15—Information Practices and Article 18— 14 Legal Matters). 15 Following Plaintiff’s review of documents designated as confidential, he shall 16 relinquish said documents to the appropriate California Department of Corrections 17 and Rehabilitation and/or custody personnel for safekeeping. 18 X. PROTECTED 19 PRODUCED IN OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation MATERIAL SUBPOENAED OR ORDERED 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification 24 shall include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order 26 to issue in the other litigation that some or all of the material covered by the 27 subpoena or order is subject to this Order. Such notification shall include a copy of 28 this Order; and -11- 1 (c) cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action 10 to disobey a lawful directive from another court. 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of this Order in this 26 Action, the relevant discovery request(s), and a reasonably specific description of 27 the information requested; and 28 (3) make the information requested available for inspection by the Non-12- 1 Party, if requested. 2 (c) If the Non-Party fails to seek a protective order from this Court within 3 fourteen (14) days of receiving the notice and accompanying information, the 4 Receiving Party may produce the Non-Party’s confidential information responsive 5 to the discovery request. If the Non-Party timely seeks a protective order, the 6 Receiving Party shall not produce any information in its possession or control that is 7 subject to the confidentiality agreement with the Non-Party before a determination 8 by the court. Absent a court order to the contrary, the Non-Party shall bear the 9 burden and expense of seeking protection in this Court of its Protected Material. 10 XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Order, the Receiving Party must immediately (a) notify in writing the Designating 14 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 15 unauthorized copies of the Protected Material, (c) inform the person or persons to 16 whom unauthorized disclosures were made of all the terms of this Order, and (d) 17 request such person or persons to execute Exhibit A. 18 XIII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other protection, 22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 24 procedure may be established in an e-discovery order that provides for production 25 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 26 (e), insofar as the Parties reach an agreement on the effect of disclosure of a 27 communication or information covered by the attorney-client privilege or work 28 product protection, the Parties may incorporate their agreement in a subsequent -13- 1 stipulation to the court. 2 XIV. MISCELLANEOUS 3 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 4 person to seek its modification by the Court in the future. 5 14.2 Right to Assert Other Objections. By stipulating to the entry of this 6 Order, no Party waives any right it otherwise would have to object to disclosing or 7 producing any information or item on any ground not addressed in this Order. 8 Similarly, no Party waives any right to object on any ground to use in evidence any 9 of the material covered by this Order. 10 14.3 Filing Protected Material. A Party that seeks to file under seal any 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 Protected Material must comply with Local Civil Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the sealing of the 13 specific Protected Material at issue. If a Party’s request to file Protected Material 14 under seal is denied by the Court, then the Receiving Party may file the information 15 in the public record unless otherwise instructed by the Court. 16 XV. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in Section VI, supra, 18 within 60 days of a written request by the Designating Party, each Receiving Party 19 must return all Protected Material to the Producing Party or destroy such material. 20 (See Buchanan v. Santos, 2011 WL 2112475 at *5 (E.D.Cal. May 26, 2011) [case 21 involving a protective order requiring a pro se inmate litigant to return the records 22 and information disclosed by the defendant custody officer at the conclusion of the 23 Action].) As used in this subdivision, “all Protected Material” includes all copies, 24 abstracts, compilations, summaries, and any other format reproducing or capturing 25 any of the Protected Material. Whether the Protected Material is returned or 26 destroyed, the Receiving Party must submit a written certification to the Producing 27 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 28 deadline that (1) identifies (by category, where appropriate) all the Protected -14- 1 Material that was returned or destroyed and (2) affirms that the Receiving Party has 2 not retained any copies, abstracts, compilations, summaries or any other format 3 reproducing or capturing any of the Protected Material. Notwithstanding this 4 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 5 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 6 deposition and trial exhibits, expert reports, attorney work-product, and consultant 7 and expert work product, even if such materials contain Protected Material. Any 8 such archival copies that contain or constitute Protected Material remain subject to 9 this Order as set forth in Section VI, supra. 10 XVI. VIOLATION 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 Any violation of this Order may be punished by appropriate measures 12 including, without limitation, contempt proceedings and/or monetary sanctions. 13 October 19, 2020 14 DATED: __________________ 15 16 17 HON. SHASHI H. KEWALRAMANI United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 -15- 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 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on [date] in the case of Sulieto G. Domingo, Jr. v. Deputy 8 Christopher Operation Safe Jail (O.S.J), et al., Case No. 2:18-cv-03227-JAK-SHK. 9 I agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me 300 SOUTH GRAND AVENUE, SUITE 1300 LOS ANGELES, CALIFORNIA 90071 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP  11 to sanctions and punishment in the nature of contempt. I solemnly promise that I 12 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 with 14 the provisions of this Order. I further agree to submit to the jurisdiction of the 15 United States District Court for the Central District of California for enforcing the 16 terms of this Stipulated Protective Order, even if such enforcement proceedings 17 occur after termination of this Action. 18 I hereby appoint __________________________ [print or type full name] of 19 __________________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this Action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ -16- PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 300 South Grand Avenue, Suite 1300, Los Angeles, California 90071. On October 16, 2020, I served true copies of the following document(s) described as [PROPOSED] PROTECTIVE ORDER on the interested parties in this action as follows: Sulieto Domingo, CDC BH5300 California Rehabilitation Center A1 – 109 – 50 u P.O. Box 3535 Norco, CA 92860 In Pro Per BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with Hurrell Cantrall’s practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on October 16, 2020, at Los Angeles, California. Marlyssa Hummer Marlyssa V. Hummer

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