Joanne Toussaint et al v. City of El Monte et al

Filing 29

PROTECTIVE ORDER [NOTE CHANGES BY COURT] by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 28 . (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 10 11 12 JOANNE TOUSSAINT and RICHARD ANDERSON, as successors in interest 13 to SAWANDI TOUSSAINT14 ANDERSON, deceased, 15 STIPULATED PROTECTIVE ORDER Plaintiffs, 16 17 Case No. 2:20-cv-06669-AB-KK vs. 18 CITY OF EL MONTE, OFFICER DANNY JAUREGUI, OFFICER 19 JACOB BURSE, OFFICER LUIS 20 MIJANGOS, OFFICER ISAAC 21 RODRIGUEZ, and DOES 5 through 10, inclusive, 22 Defendants. 23 [NOTE CHANGES BY COURT] 24 25 TO THE HONORABLE COURT: 26 Pursuant to Federal Rules of Civil Procedure, Rule 26(c), Defendants CITY OF 27 EL MONTE, OFFICER DANNY JAUREGUI, OFFICER JACOB BURSE, 28 OFFICER LUIS MIJANGOS and OFFICER ISAAC RODRIGUEZ and Plaintiffs Stipulated Protective Order 1 JOANNE TOUSSAINT and RICHARD ANDERSON, by and through their attorneys 2 of record, hereby stipulate to the Protective Order set forth herein regarding the 3 production of documents, records, and tangible things during the discovery phase of 4 this action. The City of El Monte, Officer Danny Jauregui, Officer Jacob Burse, 5 Officer Luis Mijangso and Officer Isaac Rodriguez and Plaintiffs are sometimes 6 hereinafter referred to individually as a “Party” and collectively as the “Parties. 7 1. A. PURPOSES AND LIMITATIONS 8 Discovery in this action is likely to involve production of confidential, 9 proprietary, or private information for which special protection from public disclosure 10 and from use for any purpose other than prosecuting this litigation may be warranted. 11 Accordingly, the parties hereby stipulate to and petition the Court to enter the 12 following Stipulated Protective Order. This Order is intended to protect all documents 13 produced by Defendants City of El Monte, Officer Danny Jauregui, Officer Jacob 14 Burse, Officer Luis Mijangso and Officer Isaac Rodriguez as part of Defendants’ 15 responses and/or supplemental responses to Plaintiffs’ Requests for Production of 16 Documents, documents produced pursuant to subpoena by the Los Angeles County 17 Sheriff’s Department, as well as any documents which are ordered to be produced by 18 the Court resulting from any discovery disputes that arise in this matter. The parties 19 acknowledge that this Order does not confer blanket protections on all disclosures or 20 responses to discovery and that the protection it affords from public disclosure and 21 use extends only to the limited information or items that are entitled to confidential 22 treatment under the applicable legal principles. The parties further acknowledge, as 23 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 24 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the 25 procedures that must be followed and the standards that will be applied when a party 26 seeks permission from the court to file material under seal. 27 /// 28 /// Stipulated Protective Order -2- 1 2 B. GOOD CAUSE STATEMENT Though Plaintiffs may be entitled, in certain limited circumstances, to examine 3 information in police officers’ personnel files, internal affairs files and force reports, 4 to the extent that they are relevant to their claims in the above-captioned action, the 5 Defendants contend that a protective order is necessary to prevent random distribution 6 of such information. Furthermore, this proposed protective order was created for the 7 purpose of protecting certain information that may be subject to the official 8 information privilege, law enforcement privilege and the right to privacy, as protected 9 by the California and United States Constitution, balanced with plaintiffs’ right to 10 discovery in this litigation. 11 Police personnel records are deemed confidential under federal law. Sanchez 12 v. Santa Ana Police Dep’t., 936 F.2d 1027, 1033-34 (9th Cir. 1990). Law enforcement 13 personnel records also involve confidential information that is protected by the Police 14 Officers Bill of Rights, as codified at section 3300, et seq., of the California 15 Government Code. The public disclosure of law enforcement personnel records and 16 records which include witness name, etc., is further limited by a number of California 17 statutes, including but not limited to California Government Code section 6254 and 18 California Penal Code section 832.7, et seq. 19 The City and individual peace officer Defendants herein contend that they have 20 an interest in protecting their privacy rights relating to information in their personnel 21 files and other related information. 22 It is the policy of the City of El Monte/El Monte Police Department not to 23 disclose information contained in background investigations about its employees, or 24 other information contained in confidential police personnel files unless ordered to do 25 so by a court of competent jurisdiction. Further, it is the policy of the City of El 26 Monte/El Monte Police Department not to disclose information contained in police 27 reports to those other than the parties involved in the incident, their representatives, 28 prosecutors, etc. unless ordered to do so by a court of competent jurisdiction. Stipulated Protective Order -3- 1 Within the City of El Monte/El Monte Police Department, access to personnel 2 files is restricted to those on a “need to know” basis. Controlled access to the files is 3 regarded by the City/Department as essential in order to assure the integrity and 4 security of such files. The City/Department contends that uncontrolled disclosure of 5 such information can disrupt the City’s/Department’s vital, day-to-day operations, 6 erode the integrity and security of the confidential personnel and related files, affect 7 the morale of City’s/Department’s personnel, and frustrate the legitimate purposes of 8 gathering the information in these files, including adversely impacting disciplinary 9 procedures within the City/Department. 10 With respect to police reports, unfettered access is not granted to the public. 11 Instead, access is restricted to those investigating the incident, involved in the incident 12 or their representatives, those who are prosecuting and/or defending those involved, 13 and those who maintain the records. The City/Department contends that controlled 14 access is necessary to not only assure the integrity and security of said files, but also 15 to ensure the privacy rights of those involved especially third party witnesses and 16 minors are protected. Permitting uncontrolled disclosure can disrupt the 17 City’s/Department’s day-to-day operations, including but not limited to adversely 18 impacting the City’s/Department’s ability to thoroughly investigate incidents. 19 Further, the City/Department contends that information contained in the 20 requested material case files is gathered and maintained in confidence by the 21 City/Department. The information gathered in these case files generally includes the 22 statements of third party witnesses collected in confidence. Witnesses are told that 23 the confidentiality of their statement will be protected and that they are for the 24 confidential use of the City/Department. The City/Department believes that 25 uncontrolled release of this information would cause needless intrusion into and 26 violation of privacy rights. 27 Accordingly, to expedite the flow of information, to facilitate the prompt 28 resolution of disputes over confidentiality of discovery materials, to adequately Stipulated Protective Order -4- 1 protect information the parties are entitled to keep confidential, to ensure that the 2 parties are permitted reasonable necessary uses of such material in preparation for and 3 in the conduct of trial, to address their handling at the end of the litigation, and serve 4 the ends of justice, a protective order for such information is justified in this matter. 5 It is the intent of the parties that information will not be designated as confidential for 6 tactical reasons and that nothing be so designated without a good faith belief that it 7 has been maintained in a confidential, non-public manner, and there is good cause 8 why it should not be part of the public record of this case. 9 10 2. DEFINITIONS 11 2.1 Action: Joanne Toussaint, et al. v. City of El Monte, et al. (U.S.D.C. Case 12 No. 2:20-cv-06669-AB-KK). 13 2.2 Challenging Party: a Party that challenges the designation of information 14 or items under this Order. 15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 16 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, including documents produced by Defendants’ responses and/or 19 supplemental responses to Plaintiffs’ Requests for Production of Documents, 20 documents produced pursuant to subpoena by the Los Angeles County Sheriff’s 21 Department, as well as any documents which are ordered to be produced by the Court 22 resulting from any discovery disputes that arise in this matter. 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 24 support staff). 25 2.5 Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 /// Stipulated Protective Order -5- 1 2.6 Disclosure or Discovery Material: all items or information, regardless of 2 the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association, or 12 other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 14 this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party, and includes support staff. 16 2.11 Party: any party to this Action, including all of its officers, directors, 17 employees, consultants, retained experts, and Outside Counsel of Record (and their 18 support staffs). 19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 20 Discovery Material in this Action. 21 2.13 Professional Vendors: persons or entities that provide litigation support 22 services (e.g., photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) 24 and their employees and subcontractors. 25 2.14 Protected Material: any Disclosure or Discovery Material that is 26 designated as “CONFIDENTIAL.” 27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 28 from a Producing Party. Stipulated Protective Order -6- 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations 12 imposed by this Order shall remain in effect until a Designating Party agrees 13 otherwise in writing or a court order otherwise directs. Final disposition shall be 14 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 15 or without prejudice; and (2) final judgment herein after the completion and 16 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 17 including the time limits for filing any motions or applications for extension of time 18 pursuant to applicable law. 19 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 22 Party or Non-Party that designates information or items for protection 23 under this Order must take care to limit any such designation to specific material that 24 qualifies under the appropriate standards. The Designating Party must designate for 25 protection only those parts of material, documents, items, or oral or written 26 communications that qualify so that other portions of the material, documents, items, 27 or communications for which protection is not warranted are not swept unjustifiably 28 within the ambit of this Order. Here, the designated material includes documents Stipulated Protective Order -7- 1 produced by Defendants’ responses and/or supplemental responses to Plaintiffs’ 2 Requests for Production of Documents, documents produced pursuant to subpoena by 3 the Los Angeles County Sheriff’s Department, as well as any documents which are 4 ordered to be produced by the Court resulting from any discovery disputes that arise 5 in this matter. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations 7 that are shown to be clearly unjustified or that have been made for an improper 8 purpose (e.g., to unnecessarily encumber the case development process or to impose 9 unnecessary expenses and burdens on other parties) may expose the Designating Party 10 to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 designated for protection do not qualify for protection, that Designating Party must 13 promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this 15 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 16 or ordered, Disclosure or Discovery Material that qualifies for protection under this 17 Order must be clearly so designated before the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic documents, 20 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 21 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 22 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 23 portion or portions of the material on a page qualifies for protection, the Producing 24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 25 markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 28 which documents it would like copied and produced. During the inspection and before Stipulated Protective Order -8- 1 the designation, all of the material made available for inspection shall be deemed 2 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 3 copied and produced, the Producing Party must determine which documents, or 4 portions thereof, qualify for protection under this Order. Then, before producing the 5 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 6 to each page that contains Protected Material. If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the 9 margins). 10 (b) for testimony given in depositions that the Designating Party identify the 11 Disclosure or Discovery Material on the record, before the close of the deposition all 12 protected testimony. 13 (c) for information produced in some form other than documentary and for 14 any other tangible items, that the Producing Party affix in a prominent place on the 15 exterior of the container or containers in which the information is stored the legend 16 “CONFIDENTIAL.” If only a portion or portions of the information warrants 17 protection, the Producing Party, to the extent practicable, shall identify the protected 18 portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 20 to designate qualified information or items does not, standing alone, waive the 21 Designating Party’s right to secure protection under this Order for such material. 22 Upon timely correction of a designation, the Receiving Party must make reasonable 23 efforts to assure that the material is treated in accordance with the provisions of this 24 Order. 25 26 6. 27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation CHALLENGING CONFIDENTIALITY DESIGNATIONS 28 of confidentiality at any time that is consistent with the Court’s Scheduling Order. Stipulated Protective Order -9- 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 2 process under Local Rule 37.1 et seq. 3 6.3 The burden of persuasion in any such challenge proceeding shall be on the 4 Designating Party. Frivolous challenges, and those made for an improper purpose 5 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 6 expose the Challenging Party to sanctions. Unless the Designating Party has waived 7 or withdrawn the confidentiality designation, all parties shall continue to afford the 8 material in question the level of protection to which it is entitled under the Producing 9 Party’s designation until the Court rules on the challenge. 10 11 7. 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is ACCESS TO AND USE OF PROTECTED MATERIAL 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending, or attempting to settle this Action. Such 15 Protected Material may be disclosed only to the categories of persons and under the 16 conditions described in this Order. When the Action has been terminated, a Receiving 17 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 22 ordered by the court or permitted in writing by the Designating Party, a Receiving 23 Party may disclose any information or item designated “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 25 employees of said Outside Counsel of Record to whom it is reasonably necessary to 26 disclose the information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) of the 28 Receiving Party to whom disclosure is reasonably necessary for this Action; Stipulated Protective Order -10- 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 14 not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 agreed by the Designating Party or ordered by the court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material shall be 18 separately bound by the court reporter and shall not be disclosed to anyone except as 19 permitted under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 24 PRODUCED IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any information or items designated in this Action a 27 “CONFIDENTIAL,” that Party must: 28 /// Stipulated Protective Order -11- 1 (a) promptly notify in writing the Designating Party. Such notification shall 2 include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena 5 or order is subject to this Protective Order. Such notification shall include a copy of 6 this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be pursued 8 by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 the subpoena or court order shall not produce any information designated in this action 11 as “CONFIDENTIAL” before a determination by the court from which the subpoena 12 or order issued, unless the Party has obtained the Designating Party’s permission. The 13 Designating Party shall bear the burden and expense of seeking protection in that court 14 of its confidential material and nothing in these provisions should be construed as 15 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 16 directive from another court. 17 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a Non- 21 Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 confidential information, then the Party shall: Stipulated Protective Order -12- 1 (1) promptly notify in writing the Requesting Party and the Non- 2 Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the 8 Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party may 11 produce the Non-Party’s confidential information responsive to the discovery request. 12 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 13 any information in its possession or control that is subject to the confidentiality 14 agreement with the Non-Party before a determination by the court. Absent a court 15 order to the contrary, the Non-Party shall bear the burden and expense of seeking 16 protection in this court of its Protected Material. 17 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this 21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 22 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 23 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 24 persons to whom unauthorized disclosures were made of all the terms of this Order, 25 and (d) request such person or persons to execute the “Acknowledgment and 26 Agreement to Be Bound” that is attached hereto as Exhibit A. 27 /// 28 /// Stipulated Protective Order -13- 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted 12 to the court. 13 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. All Parties and their Counsel agree that if a 23 Party intends to file Protected Material with the Court, for any reason, that party and 24 Counsel shall request permission from the Court to file the Protected Material under 25 seal. A Party that seeks to file under seal any Protected Material must comply with 26 Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 27 court order authorizing the sealing of the specific Protected Material at issue. If a 28 Party's request to file Protected Material under seal is denied by the court, then the Stipulated Protective Order -14- 1 Receiving Party may file the information in the public record unless otherwise 2 instructed by the court. 3 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party (which also 7 includes those defined as a Party in Section 2.11) must return all Protected Material 8 to the Producing Party or destroy such material. As used in this subdivision, “all 9 Protected Material” includes all copies, abstracts, compilations, summaries, and any 10 other format reproducing or capturing any of the Protected Material. Whether the 11 Protected Material is returned or destroyed, the Receiving Party must submit a written 12 certification to the Producing Party (and, if not the same person or entity, to the 13 Designating Party) by the 60 day deadline that (1) identifies (by category, where 14 appropriate) all the Protected Material that was returned or destroyed and (2)affirms 15 that the Receiving Party has not retained any copies, abstracts, compilations, 16 summaries or any other format reproducing or capturing any of the Protected Material. 17 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 18 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 19 correspondence, deposition and trial exhibits, expert reports, attorney work product, 20 and consultant and expert work product, even if such materials contain Protected 21 Material. Any such archival copies that contain or constitute Protected Material 22 remain subject to this Protective Order as set forth in Section 4 (DURATION). 23 14. Any violation of this Order may be punished by any and all appropriate 24 measures including, without limitation, contempt proceedings and/or monetary 25 sanctions. 26 /// 27 /// 28 /// Stipulated Protective Order -15- 1 2 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: July 13, 2021 PLC LAW GROUP, APC By: __/s/ Peter L. Carr____________ _____ PETER L. CARR NA’SHAUN NEAL Attorneys for Plaintiffs JOANNE TOUSSAINT and RICHARD ANDERSON 4 5 6 7 8 DATED: July 13, 2021 9 10 11 12 13 14 15 CARPENTER, ROTHANS & DUMONT LLP By: __/s/ Jonathan D. Redford___________ STEVEN J. ROTHANS JONATHAN D. REDFORD Attorneys for Defendants CITY OF EL MONTE, a public entity, and OFFICER DANNY JAUREGUI, OFFICER JACOB BURSE, OFFICER LUIS MIJANGOS and OFFICER ISAAC RODRIGUEZ, public employees 16 17 18 Pursuant to Central District Local Rule 5-4.3.4(a)(2)(i), the filer of this 19 document attests that all other signatories listed, and on whose behalf the filing is 20 submitted, concur in the filing’s content and have authorized the filing. 21 22 23 24 25 26 27 28 Stipulated Protective Order -16- Order 1 2 3 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 4 5 Date: July 14, 2021 _______________________ Honorable Kenly Kiya Kato United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Protective Order -17- 1 2 3 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of Joanne Toussaint, et al. v. City of El Monte, et al. (U.S.D.C. Case 8 No. 2:20-cv-06669-AB-KK). I agree to comply with and to be bound by all the terms 9 of this Stipulated Protective Order and I understand and acknowledge that failure to 10 so comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [print or 18 type full name] of _______________________________________ [print or type full 19 address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 Stipulated Protective Order -18-

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