Zeeshan H. Khan v. City of Los Angeles et al

Filing 45

STIPULATED PROTECTIVE ORDER by Magistrate Judge Margo A. Rocconi re Stipulation for Protective Order #44 . [See order for details.] (es)

1 Office of the Los Angeles City Attorney
DENISE C. MILLS, Deputy City Attorney (SBN 191992)
2 [e-mail]
200 North Main Street, 6th Floor, City Hall East
3 Los Angeles, California 90012
Phone: [phone]
4
DANIEL S. ROBERTS, Bar No. 205535
5 [e-mail]
NICOLE R. ROGGEVEEN, Bar No. 252587
6 [e-mail]
ADRIAN VERDUZCO, Bar No. 336027
7 [e-mail]
COLE HUBER LLP
8 3401 Centrelake Drive, Suite 670
Ontario, California 91761
9 Telephone: [phone]
Facsimile: [phone]
10
Attorneys for Defendants City of Los
11 Angeles, Los Angeles Police Department,
and Chief Michel Moore
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14
15

ZEESHAN H. KHAN, CHRISTINA
16 ASTORGA, and RINGO CHIU,
Plaintiffs,

17
18

v.

19 CITY OF LOS ANGELES, LOS
ANGELES POLICE DEPARTMENT, ;
20 CHIEF MICHEL MOORE, OFFICER
AARON GREEN, and DOES 1-10,
21
Defendants.
22
A.

Case No. 2:21-cv-03289 CAS (MARx)
STIPULATED PROTECTIVE
ORDER
Referred for Discovery Purposes to the
Honorable Margo A. Rocconi

23

1.

PURPOSES AND LIMITATIONS

24

Discovery in this action is likely to involve production of confidential,

25 proprietary, or private information for which special protection from public
26 disclosure and from use for any purpose other than prosecuting this litigation may
27 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
28 enter the following Stipulated Protective Order. The parties acknowledge that this
00082680.2

1 Order does not confer blanket protections on all disclosures or responses to
2 discovery and that the protection it affords from public disclosure and use extends
3 only to the limited information or items that are entitled to confidential treatment
4 under the applicable legal principles. The parties further acknowledge, as set forth in
5 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
6 file confidential information under seal; Civil Local Rule 79-5 sets forth the
7 procedures that must be followed and the standards that will be applied when a party
8 seeks permission from the court to file material under seal.
9
10

B.

GOOD CAUSE STATEMENT

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

COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 Police Department on the one side and on the other side Plaintiffs Zeeshan Khan,
12 Christina Astorga, and Ringo Chiu ("Plaintiffs"), private citizens, who are claiming
13 damages from the City and its police officer for past and future medical expenses,
14 loss of earnings, emotional distress, mental suffering, and other unspecified general
15 damages allegedly caused by Defendants. Defendants will seek in this action
16 discovery of various information relating to Plaintiffs' damages claims, including
17 employment and medical information that may be very personal, private, and
18 potentially embarrassing to them if it were to be unnecessarily disseminated.
19 Plaintiffs are seeking materials and information that Defendant the City of Los
20 Angeles (including its Police Department) maintains as confidential, such as
21 personnel files of police officers, Internal Affairs materials and information, Force
22 Investigation Division materials and information and other administrative materials
23 and information currently in the possession of the City and which the City believes
24 need special protection from public disclosure and from use for any purpose other
25 than prosecuting this litigation. Some of this information may also implicate the
26 privacy rights of persons not party to this lawsuit. Plaintiff is also seeking official
27 information contained in the personnel files of the police officers involved in the
28 subject incident, which the City maintains as strictly confidential and which the City
00082680.2

2

1 believes needs special protection from public disclosure and from use for any
2 purpose other than prosecuting this litigation.
3

The parties therefore stipulate that some of the information into which

4 discovery will be sought in this case is protected by various parties' and (third
5 parties') privacy rights under state and federal law. In addition, the confidentiality
6 of the materials and information sought by Plaintiff is recognized by California and
7 federal law. The City has not publicly released such materials except under
8 protective order or pursuant to a court order, if at all. These materials and
9 information are of the type that has been used to initiate disciplinary action against
10 Los Angeles Police Department ("LAPD") officers, and has been used as evidence
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 in disciplinary proceedings, where the officers' conduct was considered to be
12 contrary to LAPD policy.
13

THIS STIPULATED PROTECTIVE ORDER EXPRESSLY EXCLUDES

14 RECORDINGS FROM OFFICERS' BODY-WORN CAMERAS UNLESS
15 OTHERWISE SPECIFICALLY AGREED BY THE PARTIES IN A SEPARATE
16 WRITING, OR AS OTHERWISE ORDERED BY THE COURT.
17

Absent a protective order delineating the responsibilities of nondisclosure on

18 the part of the parties hereto, there is a specific risk of unnecessary and undue
19 disclosure by one or more of the many attorneys, secretaries, law clerks, paralegals
20 and expert witnesses involved in this case, as well as the corollary risk of
21 embarrassment, harassment and professional and legal harm on the part of Plaintiffs,
22 Defendants, other LAPD officers, and non-party civilians who may be referenced in
23 the materials and information.
Accordingly, to expedite the flow of information, to facilitate the prompt

24

25 resolution of disputes over confidentiality of discovery materials, to adequately
26 protect information the parties are entitled to keep confidential, to ensure that the
27 parties are permitted reasonable necessary uses of such material in preparation for
28 and in the conduct of trial, to address their handling at the end of the litigation, and
00082680.2

3

1 serve the ends of justice, a protective order for such information is justified in this
2 matter. It is the intent of the parties that information will not be designated as
3 confidential for tactical reasons and that nothing be so designated without a good
4 faith belief that it has been maintained in a confidential, non-public manner, and
5 there is good cause why it should not be part of the public record of this case.
6
7

2. DEFINITIONS

8

2.1 Action: The above-captioned suit.

9

2.2 Challenging Party: a Party or Non-Party that challenges the designation of

10
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11

information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: information (regardless of how

12

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

13

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

14

above in the Good Cause Statement.

15

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

16

support staff).

17

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

18

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

19

“CONFIDENTIAL.”

20

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

21

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

22

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

23

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

24

discovery in this matter.

25

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

26

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

27

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

28
00082680.2

4

1

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

2

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

3

outside counsel.

4

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

5
6

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

7

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

8

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

9

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

10
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11

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

12

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

13

(and their support staffs).

14

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

15
16

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

17

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

18

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

19

or medium) and their employees and subcontractors.

20

2.14 Protected Material: any Disclosure or Discovery Material that is

21
22

designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

23

from a Producing Party.

24
25

3.

26

The protections conferred by this Stipulation and Order cover not only

SCOPE

27 Protected Material (as defined above), but also (1) any information copied or
28 extracted from Protected Material; (2) all copies, excerpts, summaries, or
00082680.2

5

1 compilations of Protected Material; and (3) any testimony, conversations, or
2 presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

3

4 trial judge. This Order does not govern the use of Protected Material at trial.
5
6

4. DURATION

7

Once trial commences in this action, all of the information that was

8 designated as CONFIDENTIAL or maintained pursuant to this protective order and
9 that is introduced or admitted at trial becomes public and will be presumptively
10 available to all members of the public, including the press, unless compelling
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 reasons supported by specific factual findings to proceed otherwise are made to the
12 trial judge in advance of the trial. See Kamakana v. City and County of Honolulu,
13 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing "good cause" showing for
14 sealing documents produced in discovery from "compelling reasons" standard when
15 merits-related documents are part of court record). Accordingly, the terms of this
16 protective order do not extend beyond the commencement of the trial as to the
17 CONFIDENTIAL information and materials introduced or admitted as an exhibit at
18 trial.
19
20
21

5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection.

22 Each Party or Non-Party that designates information or items for protection under
23 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,
27 items, or communications for which protection is not warranted are not swept
28 unjustifiably within the ambit of this Order.
00082680.2

6

1

Mass, indiscriminate, or routinized designations are prohibited. Designations

2 that are shown to be clearly unjustified or that have been made for an improper
3 purpose (e.g., to unnecessarily encumber the case development process or to impose
4 unnecessary expenses and burdens on other parties) may expose the Designating
5 Party to sanctions.
6

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

7 designated for protection do not qualify for protection, that Designating Party must
8 promptly notify all other Parties that it is withdrawing the inapplicable designation.
9

5.2 Manner and Timing of Designations. Except as otherwise provided in this

10 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
12 under this Order must be clearly so designated before the material is disclosed or
13 produced.
14
15

Designation in conformity with this Order requires:

16

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

17 but excluding transcripts of depositions or other pretrial or trial proceedings), that
18 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
19 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
20 portion or portions of the material on a page qualifies for protection, the Producing
21 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
22 markings in the margins). Any such designation should not obscure the text or
23 image on the item being produced.
24
25

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

26 need not designate them for protection until after the inspecting Party has indicated
27 which documents it would like copied and produced. During the inspection and
28 before the designation, all of the material made available for inspection shall be
00082680.2

7

1 deemed "CONFIDENTIAL." After the inspecting Party has identified the
2 documents it wants copied and produced, the Producing Party must determine which
3 documents, or portions thereof, qualify for protection under this Order. Then, before
4 producing the specified documents, the Producing Party must affix the
5 "CONFIDENTIAL legend" to each page that contains Protected Material. If only a
6 portion or portions of the material on a page qualifies for protection, the Producing
7 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
8 markings in the margins).
9

(b)

for testimony given in depositions that the Designating Party identify

10 the Disclosure or Discovery Material on the record, before the close of the
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 deposition all protected testimony.
12

(c)

for information produced in some form other than documentary and for

13 any other tangible items, that the Producing Party affix in a prominent place on the
14 exterior of the container or containers in which the information is stored the legend
15 "CONFIDENTIAL." If only a portion or portions of the information warrants
16 protection, the Producing Party, to the extent practicable, shall identify the protected
17 portion(s). Any such designation should not obscure the text or image on the item
18 being produced.
19

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

20 failure to designate qualified information or items does not, standing alone, waive
21 the 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
27
28
00082680.2

8

1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2

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

3 designation of confidentiality at any time that is consistent with the Court's
4 Scheduling Order.
5

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

6 resolution process under Local Rule 37.1 et seq.
7

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

8 Designating Party. Frivolous challenges, and those made for an improper purpose
9 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
10 expose the Challenging Party to sanctions. Unless the Designating Party has waived
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 or withdrawn the confidentiality designation, all parties shall continue to afford the
12 material in question the level of protection to which it is entitled under the
13 Producing Party’s designation until the Court rules on the challenge.
14
15 7. ACCESS TO AND USE OF PROTECTED MATERIAL
16

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

17 disclosed or produced by another Party or by a Non-Party in connection with this
18 Action only for prosecuting, defending, or attempting to settle this Action. Such
19 Protected Material may be disclosed only to the categories of persons and under the
20 conditions described in this Order. When the Action has been terminated, a
21 Receiving Party must comply with the provisions of section 13 below (FINAL
22 DISPOSITION).
23

Protected Material must be stored and maintained by a Receiving Party at a

24 location and in a secure manner that ensures that access is limited to the persons
25 authorized under this Order.
26

7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise

27 ordered by the court or permitted in writing by the Designating Party, a Receiving
28 Party may disclose any information or item designated "CONFIDENTIAL" only to:
00082680.2

9

1

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

2 employees of said Outside Counsel of Record to whom it is reasonably necessary to
3 disclose the information for this Action;
4

(b) the officers, directors, and employees (including House Counsel) of the

5 Receiving Party to whom disclosure is reasonably necessary for this Action;
6

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

7 disclosure is reasonably necessary for this Action and who have signed the
8 "Acknowledgment and Agreement to Be Bound" (Exhibit A);
9

(d) the court and its personnel;
(e) court reporters and their staff;

11
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

10

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

12 Vendors to whom disclosure is reasonably necessary for this Action and who have
13 signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
14

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

15 custodian or other person who otherwise possessed or knew the information;
16

(h) during their depositions, witnesses, and attorneys for witnesses, in the

17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
18 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
19 will not be permitted to keep any confidential information unless they sign the
20 "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise
21 agreed by the Designating Party or ordered by the court. Pages of transcribed
22 deposition testimony or exhibits to depositions that reveal Protected Material may
23 be separately bound by the court reporter and may not be disclosed to anyone except
24 as permitted under this Stipulated Protective Order; and
25

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

26 mutually agreed upon by any of the parties engaged in settlement discussions.
27
28
00082680.2

10

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2 OTHER LITIGATION
3

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

4 that compels disclosure of any information or items designated in this Action as
5 "CONFIDENTIAL," that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall

6

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

8

9 issue in the other litigation that some or all of the material covered by the subpoena
10 or order is subject to this Protective Order. Such notification shall include a copy of
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued

12

13 by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with the
15 subpoena or court order shall not produce any information designated in this action
16 as "CONFIDENTIAL" before a determination by the court from which the
17 subpoena or order issued, unless the Party has obtained the Designating Party’s
18 permission. The Designating Party shall bear the burden and expense of seeking
19 protection in that court of its confidential material and nothing in these provisions
20 should be construed as authorizing or encouraging a Receiving Party in this Action
21 to disobey a lawful directive from another court.
22
23 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

24 PRODUCED IN THIS LITIGATION
25

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

26 Party in this Action and designated as "CONFIDENTIAL." Such information
27 produced by Non-Parties in connection with this litigation is protected by the
28
00082680.2

11

1 remedies and relief provided by this Order. Nothing in these provisions should be
2 construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to

3

4 produce a Non-Party's confidential information in its possession, and the Party is
5 subject to an agreement with the Non-Party not to produce the Non-Party's
6 confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that

7

8 some or all of the information requested is subject to a confidentiality agreement
9 with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective

10
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 Order in this Action, the relevant discovery request(s), and a reasonably specific
12 description of the information requested; and
(3) make the information requested available for inspection by the Non-Party,

13

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

15

16 days of receiving the notice and accompanying information, the Receiving Party
17 may produce the Non-Party’s confidential information responsive to the discovery
18 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
19 not produce any information in its possession or control that is subject to the
20 confidentiality agreement with the Non-Party before a determination by the court.
21 Absent a court order to the contrary, the Non-Party shall bear the burden and
22 expense of seeking protection in this court of its Protected Material.
23
24 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

25

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

26 Protected Material to any person or in any circumstance not authorized under this
27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
28 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
00082680.2

12

1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
2 persons to whom unauthorized disclosures were made of all the terms of this Order,
3 and (d) request such person or persons to execute the "Acknowledgment and
4 Agreement to Be Bound" that is attached hereto as Exhibit A.
5
6 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

7 PROTECTED MATERIAL
8

When a Producing Party gives notice to Receiving Parties that certain

9 inadvertently produced material is subject to a claim of privilege or other protection,
10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
12 may be established in an e-discovery order that provides for production without
13 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
14 as the parties reach an agreement on the effect of disclosure of a communication or
15 information covered by the attorney-client privilege or work product protection, the
16 parties may incorporate their agreement in the stipulated protective order submitted
17 to the court.
18
19 12.

MISCELLANEOUS

20

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

21
22

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

23 Protective Order no Party waives any right it otherwise would have to object to
24 disclosing or producing any information or item on any ground not addressed in this
25 Stipulated Protective Order. Similarly, no Party waives any right to object on any
26 ground to use in evidence of any of the material covered by this Protective Order.
27

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

28 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
00082680.2

13

1 only be filed under seal pursuant to a court order authorizing the sealing of the
2 specific Protected Material at issue. If a Party's request to file Protected Material
3 under seal is denied by the court, then the Receiving Party may file the information
4 in the public record unless otherwise instructed by the court.
5
6 13.

FINAL DISPOSITION

7

After the final disposition of this Action, as defined in paragraph 4, within 60

8 days of a written request by the Designating Party, each Receiving Party must return
9 all Protected Material to the Producing Party or destroy such material. As used in
10 this subdivision, "all Protected Material" includes all copies, abstracts, compilations,
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 summaries, and any other format reproducing or capturing any of the Protected
12 Material. Whether the Protected Material is returned or destroyed, the Receiving
13 Party must submit a written certification to the Producing Party (and, if not the same
14 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
15 (by category, where appropriate) all the Protected Material that was returned or
16 destroyed and (2) affirms that the Receiving Party has not retained any copies,
17 abstracts, compilations, summaries or any other format reproducing or capturing any
18 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
19 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
20 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
21 reports, attorney work product, and consultant and expert work product, even if such
22 materials contain Protected Material. Any such archival copies that contain or
23 constitute Protected Material remain subject to this Protective Order as set forth in
24 Section 4 (DURATION).
25
26
27 / / /
28 / / /
00082680.2

14

1 14. Any violation of this Order may be punished by any and all appropriate
2 measures including, without limitation, contempt proceedings and/or monetary
3 sanctions.
4
5

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 Dated: December 29, 2021
7
8

THE LAW OFFICES OF JOHN BURTON
THE LAW OFFICE OF THOMAS C. SEABAUGH
By:

9

COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

10

/s/ John Burton
John Burton
Attorneys for Plaintiffs

11 Dated: Jaunary 3, 2022
12

COLE HUBER LLP

13

By:

14
15
16
17

Dated: December 30, 2021

/s/ Daniel S. Roberts
Daniel S. Roberts
Attorneys for Defendants City of Los Angeles,
Los Angeles Police Department, and Chief
Michel Moore

STONE BUSAILAH, LLP

18
19

By:

20
21

/s/ Muna Busailah
Muna Busailah
Attorneys for Defendant Aaron Green

22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
January 7, 2022
23 DATED: ________________________
____________
_
24 _____________________________________
25 Honorable Margo A. Rocconi
United States Magistrate Judge
26
27
28
00082680.2

15

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on [date] in the case of Zeeshan Khan, et al. v. City of Los Angeles, et al., Central
9 District of California Case No. 2:21-cv-3289 CAS (MARx). I agree to comply with
10 and to be bound by all the terms of this Stipulated Protective Order and I understand
COLE HUBER LLP
3401 CENTRELAKE DRIVE, SUITE 670
ONTARIO, CALIFORNIA 91761

11 and acknowledge that failure to so comply could expose me to sanctions and
12 punishment in the nature of contempt. I solemnly promise that I will not disclose in
13 any manner any information or item that is subject to this Stipulated Protective
14 Order to any person or entity except in strict compliance with the provisions of this
15 Order.
16 I further agree to submit to the jurisdiction of the United States District Court for the
17 Central District of California for the purpose of enforcing the terms of this
18 Stipulated Protective Order, even if such enforcement proceedings occur after
19 termination of this action. I hereby appoint __________________________ [print or
20 type full name] of _______________________________________ [print or type
21 full address and telephone number] as my California agent for service of process in
22 connection with this action or any proceedings related to enforcement of this
23 Stipulated Protective Order.
24 Date: ______________________________________
25 City and State where sworn and signed: ________________________________
26
27 Printed name: _______________________________
28 Signature: __________________________________
00082680.2

16