Maranda Valento v. City of Burbank et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order 24 . (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 13 14 15 16 17 18 19 MARANDA VALENTO, ) ) Plaintiff, ) ) v. ) ) ) ) CITY OF BURBANK and DOES 1-10, ) inclusive, ) ) ) Defendants. ) ) ) ) ) Case No.: 2:24-cv-01402-DSF (PVCx) STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION OF CONFIDENTIAL DOCUMENTS AND INFORMATION 20 21 PROTECTIVE ORDER 22 In the course of discovery in this proceeding, Plaintiff and Defendant(s), 23 referred to as the “designated parties,” will produce or receive certain valuable 24 confidential and proprietary information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 enter the following Stipulated Protective Order (hereafter “this Order”). 28 1 1 The parties acknowledge that this Order does not confer blanket protections on all 2 disclosures or responses to discovery and that the protection it affords from public 3 disclosure and use extends only to the limited information or items that are entitled 4 to confidential treatment under the applicable legal principles. 5 I. GOOD CAUSE STATEMENT 6 Limiting disclosure of these documents to the context of this litigation as 7 provided herein will, accordingly, further important law enforcement objections 8 and interests, including the safety of personnel and the public, as well as individual 9 privacy rights of plaintiff, the individual defendants, and third parties. Further, the 10 order will protect the privacy rights of parties in this matter. 11 Such confidential materials and information consist of, among other 12 things, materials entitled to privileges and/or protections under the following: 13 United States Constitution, First Amendment; the California Constitution, Article 14 I, Section 1; California Penal Code §§ 832.5, 832.7 and 832.8; California Evidence 15 Code §§ 1040 and 1043 et. seq; the Privacy Act of 1974, 5 U.S.C. § 552; Health 16 Insurance Portability and Accountability Act of 1996 (HIPPA); the right to privacy; 17 decisional law relating to such provisions; and information otherwise generally 18 unavailable to the public, or which may be privileged or otherwise protected from 19 disclosure under state or federal statutes, court rules, case decisions, or common 20 law. Defendant(s) also contend that such confidential materials and information 21 consist of materials entitled to the Official Information Privilege. 22 Confidential information with respect to the Defendant(s) may include but is 23 not limited to: security measures, and policies and procedures related to the 24 operation of the law enforcement; personnel files; internal investigative files and 25 documents; email and written correspondence records; police department policies 26 and procedures that are kept from the public in the ordinary course of business, as 27 well as other information that is not generally available to the public and is subject 28 to the Official Information Privilege and 2 other privileges. Confidential 1 information including City and private personal financial records; email and 2 written correspondence records; video footage and/or photographs of the incident 3 including potential disclosure of third-party proprietary video viewer software; 4 private information related to non-parties, and psychological and medical notes, 5 evaluations, reports, and treatment plans. The designated parties intend that this information be kept confidential and 6 7 not be used for any purpose other than this litigation. 8 Accordingly, in order to expedite the flow of information, to facilitate the 9 prompt resolution of disputes over confidentiality of discovery materials, to 10 adequately protect information the parties are entitled to keep confidential, to 11 ensure that the parties are permitted reasonable necessary uses of such material in 12 connection with this action, to address their handling of such material at the end of 13 the litigation, and to serve the ends of justice, a protective order for such 14 information is justified in this matter. The parties shall not designate any 15 information/documents as confidential without a good faith belief that such 16 information/documents have been maintained in a confidential, non-public manner, 17 and that there is good cause or a compelling reason why it should not be part of the 18 public record of this case. 19 20 21 22 23 24 25 26 27 I. DEFINITIONS 3.1. Action: The instant action: Maranda Valento v. City of Burbank, et al., Case No. 2:24-cv-01402-DSF-PVC. 3.2. Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Order. 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of how it is generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 28 3 1 2 3 3.4. C ounsel: Any Outside Counsel of Record and House Counsel (as well as their support staff). 3.5. 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 7 8 9 10 11 12 13 14 15 16 17 18 3.6. Disclosure of Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 3.7. Expert: A person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action. 3.8. House Counsel: Attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel, if any. 3.9. Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 19 3.10. Outside Counsel of Record: Attorneys who are not employees of a party 20 to this Action but are retained to represent or advise a party to this Action and have 21 appeared/will appear in this Action on behalf of that party or are affiliated with a law 22 firm which has appeared on behalf of that party and includes support staff. 23 3.11. Party: Any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and as applicable, Outside Counsel of 25 Record (and their support staff). 26 27 3.12. Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this Action. 28 4 1 3.13. Professional Vendors: Persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 6 3.14. Protected Material: Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 7 3.15. Receiving Party: A Party that receives Disclosure or Discovery 8 Material from a Producing Party. 9 10 II. SCOPE 11 The protections conferred by this Order cover not only Protected Material (as 12 defined above), but also (1) any information copied or extracted from Protected 13 Material; (2) all copies, duplicates, excerpts, summaries, or compilations of 14 Protected Material; and (3) any deposition testimony, conversations, or presentations 15 by Parties or their Counsel that reveal Protected Material, other than during a court 16 hearing or at trial. 17 Any use of Protected Material during a court hearing or at trial shall be 18 governed by the orders of the presiding judge. This Order does not govern the use 19 of Protected Material during a court hearing or at trial. 20 21 III. DURATION 22 Even after final disposition of this litigation, the confidentiality obligations 23 imposed by this Order shall remain in effect until a Designating Party agrees 24 otherwise in writing or a court order otherwise directs. Final disposition shall be 25 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 26 or without prejudice; and (2) final judgment herein after the completion and 27 exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action, 28 5 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 IV. DESIGNATING PROTECTED MATERIAL 4 6.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection 6 under this Order must take care to limit any such designation to specific material 7 that qualifies under the appropriate standards. The Designating Party must designate 8 for protection only those parts of material, documents, items, or oral or written 9 communications that qualify so that other portions of the material, documents, items, 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 6.2 Manner and Timing of Designations. Except as otherwise provided in this 21 Order (see, e.g., second paragraph of Section 6.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 (a) For information in documentary form (e.g., paper or electronic documents, 27 but excluding transcripts of depositions), that the Producing Party affix at a 28 minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 6 1 legend”), to each page that contains protected material. If only a portion or portions 2 of the material on a page qualifies for protection, the Producing Party also must 3 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 4 margins). 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and 8 before the designation, all of the material made available for inspection shall be 9 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 10 documents it wants copied and produced, the Producing Party must determine 11 which documents, or portions thereof, qualify for protection under this Order. 12 Then, before producing the specified documents, the Producing Party must affix 13 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 14 only a portion or portions of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected portion(s) (e.g., by making 16 appropriate markings in the margins). 17 (b) For testimony given in depositions that the Designating Party identifies 18 on the record, before the close of the deposition as protected testimony. 19 Confidential photographs, video or audio footage taken at a deposition may not 20 be used for any purpose other than litigating this lawsuit. The parties agree to 21 refrain from directly or indirectly disclosing or publicly disseminating confidential 22 deposition testimony, and/or photographs, video or audio footage obtained through 23 the course of discovery or otherwise, specifically including, but not limited to, print 24 and online media organizations, or any other internet posting or social media. If 25 any party intends to use such materials for any purpose other than litigating this 26 lawsuit, the party seeking public disclosure must first seek approval from the Court. 27 (c) For information produced in some form other than documentary and for 28 any other tangible items, that the Producing Party affix in a prominent place on the 7 1 exterior of the container or containers in which the information is stored the legend 2 “CONFIDENTIAL.” If only a portion or portions of the information warrants 3 protection, the Producing Party, to the extent practicable, shall identify the 4 protected portion(s). 5 (d) The legend “CONFIDENTIAL” shall be affixed to documents and other 6 tangible items in a manner that does not obscure the information contained 7 thereon. 8 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate qualified information or items does not, standing alone, waive 10 the Designating Party’s right to secure protection under this Order for such material. 11 Upon timely correction of a designation, the Receiving Party must make reasonable 12 efforts to assure that the material is treated in accordance with the provisions of this 13 Order. 14 15 16 V. CHALLENGING CONFIDENTIALTY DESIGNATIONS 7.1 Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time that is consistent with the Court’s 18 Scheduling Order. 19 20 21 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 7.3 The burden of persuasion in any such challenge proceeding shall be on 22 the Designating Party. Frivolous challenges, and those made for an improper 23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 24 parties) may expose the Challenging Party to sanctions. Unless the Designating 25 Party has waived or withdrawn the confidentiality designation, all parties shall 26 continue to afford the material in question the level of protection to which it is 27 entitled under the Producing Party’s designation until the Court rules on the 28 challenge. 8 1 VI. ACCESS TO AND USE OF PROTECTED MATERIAL 2 8.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of Section 14 below. 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that ensures that access is limited to the persons 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 authorized under this Order. 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) The Receiving Party’s Outside Counsel of Record in this Action, if any, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) The officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) The court and its personnel; (e) Court reporters and their staff; (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 9 1 2 (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 3 (h) During their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 6 form attached as Exhibit A hereto; and (2) they will not be permitted to keep any 7 confidential information unless they sign the “Acknowledgment and Agreement 8 to Be Bound” attached as Exhibit A, unless otherwise agreed by the Designating 9 Party or ordered by the court. Pages of transcribed deposition testimony or 10 exhibits to depositions that reveal Protected Material may be separately bound 11 by the court reporter and may not be disclosed to anyone except as permitted 12 under this Protective Order; and 13 (i) Any mediator or settlement officer, and their supporting personnel, 14 mutually agreed upon by any of the parties engaged in settlement discussions. 15 VII. PROTECTED MATERIAL AND SUBPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 21 22 (a) Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order unless prohibited by law; (b) Promptly notify in writing the party who caused the subpoena or order 23 to issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall include 25 a copy of this Protective Order; and 26 27 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 28 10 1 If the Designating Party timely seeks a protective order, the Party served with 2 the subpoena or court order shall not produce any information designated in this 3 action as “CONFIDENTIAL” before a determination by the court from which the 4 subpoena or order issued, unless the Party has obtained the Designating Party’s 5 permission, or unless otherwise required by the law or court order. The Designating 6 Party shall bear the burden and expense of seeking protection in that court of its 7 confidential material and nothing in these provisions should be construed as 8 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 9 directive from another court. 10 VIII. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a 13 Non- Party in this Action and designated as “CONFIDENTIAL.” Such information 14 produced by Non-Parties in connection with this litigation is protected by the 15 remedies and relief provided by this Order. Nothing in these provisions should be 16 construed as prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to 18 produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s 20 confidential information, then the Party shall: 21 (1) Promptly notify in writing the Requesting Party and the Non-Party that 22 some or all of the information requested is subject to a confidentiality agreement 23 with a Non-Party; 24 (2) Promptly provide the Non-Party with a copy of the Protective Order 25 in this Action, the relevant discovery request(s), and a reasonably specific 26 description of the information requested; and 27 28 (3) Make the information requested available for inspection by the Non- Party, if requested. 11 1 (c) If a Non-Party represented by counsel fails to commence the process 2 called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the 3 notice and accompanying information or fails contemporaneously to notify the 4 Receiving Party that it has done so, the Receiving Party may produce the Non- 5 Party’s confidential information responsive to the discovery request. If an 6 unrepresented Non-Party fails to seek a protective order from this court within 14 7 days of receiving the notice and accompanying information, the Receiving Party 8 may produce the Non-Party’s confidential information responsive to the discovery 9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 10 not produce any information in its possession or control that is subject to the 11 confidentiality agreement with the Non-Party before a determination by the court 12 unless otherwise required by the law or court order. Absent a court order to the 13 contrary, the Non-Party shall bear the burden and expense of seeking protection in 14 this court of its Protected Material. 15 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 17 Protected Material to any person or in any circumstance not authorized under this 18 Protective Order, the Receiving Party must immediately (a) notify in writing the 19 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 20 all unauthorized copies of the Protected Material, (c) inform the person or persons 21 to whom unauthorized disclosures were made of all the terms of this Order, 22 and (d) request such person or persons to execute the “Acknowledgment and 23 Agreement to Be Bound” that is attached hereto as Exhibit A. 24 XII. INADVERTANT PRODUCTION OF PRIVILEGED OR 25 OTHERWISE PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 inadvertently produced material is subject to a claim of privilege or other protection, 28 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 12 1 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 2 procedure may be established in an e-discovery order that provides for production 3 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 4 (e), insofar as the parties reach an agreement on the effect of disclosure of a 5 communication or information covered by the attorney-client privilege or work 6 product protection, the parties may incorporate their agreement into this Protective 7 Order. 8 XIII. MISCELLANOUS 9 10 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 11 13.2 Right to Assert Other Objections. No Party waives any right it 12 otherwise would have to object to disclosing or producing any information or item 13 on any ground not addressed in this Protective Order. Similarly, no Party waives 14 any right to object on any ground to use in evidence of any of the material covered 15 by this Protective Order. 16 13.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Civil Local Rule 79-5 and with any pertinent 18 orders of the assigned District Judge and Magistrate Judge. If a Party's request to 19 file Protected Material under seal is denied by the court, then the Receiving Party 20 may file the information in the public record unless otherwise instructed by the 21 court. 22 XIV. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in Section 5, within 60 24 days of a written request by the Designating Party, each Receiving Party must return 25 all Protected Material to the Producing Party or destroy such material. As used in 26 this subdivision, “all Protected Material” includes all copies, abstracts, 27 compilations, summaries, and any other format reproducing or capturing any 28 of the Protected Material. Whether the Protected Material is returned or destroyed, 13 1 the Receiving Party must submit a written certification to the Producing Party (and, 2 if not the same person or entity, to the Designating Party) by the 60 day deadline 3 that (1) identifies (by category, where appropriate) all the Protected Material 4 that was returned or destroyed and (2) affirms that the Receiving Party has 5 not retained any copies, abstracts, compilations, summaries or any other format 6 reproducing or capturing any of the Protected Material. Notwithstanding this 7 provision, Counsel is entitled to retain an archival copy of all pleadings, motion 8 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 9 deposition and trial exhibits, expert reports, attorney work product, and consultant 10 and expert work product, even if such materials contain Protected Material. Any 11 such archival copies that contain or constitute Protected Material remain subject to 12 this Protective Order as set forth in Section 5. 13 XV. AGREEMENT 14 1. This Stipulated Protective Order will apply to all Confidential Information. 15 Confidential information is information (regardless of how it is generated, stored or 16 maintained) or tangible things that qualify for protection under California Code of 17 Civil Procedure. The protections conferred by this Stipulation and Order cover not 18 only Confidential Information (as defined above), but also (1) any information 19 copied or extracted from Confidential Information; (2) all copies, excerpts, 20 summaries, or compilations of Confidential Information; and (3) any testimony, 21 conversations, or presentations by Parties or their Counsel (as defined herein) that 22 might reveal Confidential Information. Any use of Confidential Information at trial 23 shall be governed by the orders of the trial judge. This Order does not govern the use 24 of Confidential Information at trial. 25 2. Confidential Information will be used by the party to whom it is disclosed 26 only in this action. A designated party will not use any Confidential Information for 27 any business or competitive purposes. 28 14 1 3. Unless otherwise ordered by the court or permitted in writing by the 2 Designating Party, a Receiving Party may only disclose Confidential Information to 3 the following: 4 (a) the Receiving Party’s Counsel of Record in this Action, as well as 5 employees of said Counsel of Record to whom it is reasonably necessary to disclose 6 the information for this Action; 7 8 (b) the officers, directors, and employees (including House Counsel) of the 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 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 19 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 22 requests that the witness sign Exhibit A; and (2) they will not be permitted to keep 23 any Confidential Information unless they sign Exhibit A, unless otherwise agreed by 24 the Designating Party or ordered by the court. Pages of transcribed deposition 25 testimony or exhibits to depositions that reveal Confidential Information may be 26 separately bound by the court reporter and may not be disclosed to anyone except as 27 permitted under this Order; and 28 15 1 (i) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions. 3 4. Counsel to whom Confidential Information is disclosed or produced will be 4 responsible for ensuring that parties and other persons to whom Confidential 5 Information may be disclosed are informed of the terms of this Stipulated Protective 6 Order, but that no one, other than the persons specified in paragraph 3, is informed 7 of the substance of any Confidential Information disclosed or produced. Before 8 disclosing Confidential Information to any other person, counsel will obtain from 9 that person a written agreement to be bound by the terms of this Stipulated Protective 10 Order by securing an executed agreement in the form of Exhibit A. 11 5. Any document or tangible thing designated as Confidential Information that 12 is identified as an exhibit in connection with testimony given in these proceedings 13 will be marked with the label “Confidential Information,” and any testimony 14 concerning the document or thing will also be considered Confidential Information 15 and will be subject to the terms of this Stipulated Protective Order. 16 6. Counsel who seeks to file with the court clerk Confidential Information in 17 the form of a document, interrogatory answer, deposition transcript, pleading, or 18 other record or tangible item will ask the Court to direct that this Confidential 19 Information be filed under seal, specifically marked as Confidential Information 20 subject to this Stipulated Protective Order, and kept in a safe and secure place and 21 not in files open to public inspection. 22 7. On final disposition of this action, counsel for any party having possession, 23 custody, or control of Confidential Information produced in the course of discovery 24 in this action will promptly return all original documents and tangible items covered 25 by this Order to counsel for the designated party who produced them and will destroy 26 all copies, transcripts, notes, summaries, compilations and extracts which reproduce, 27 capture or contain containing Confidential Information except those marked as 28 exhibits during trial. 16 1 8. Nothing in this Stipulated Protective Order (a) affects, in any way, the 2 admissibility of any documents, testimony, or other evidence at trial or (b) restricts 3 the use of information obtained from sources other than discovery conducted under 4 the terms of this Stipulated Protective Order. 5 6 9. This Stipulated Protective Order may be modified by agreement of the parties, subject to approval of the Court 7 8 FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS 9 SO ORDERED. 10 11 12 13 DATED: July 3, 2024 _______________________________ Hon. Pedro V. Castillo United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 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 6 perjury that I have read in its entirety and understand the Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 _________________________ in the case of Maranda Valento v. City of Burbank, 9 et al., Case No. 2:24-cv-01402-DSF-PVC. I agree to comply with and to be bound 10 by all the terms of this Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Protective Order to any person or entity 14 except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 18

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