Joseph Davis v. Raymond Rosas et al

Filing 21

PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order 20 . (See document for details). (et)

1 Lisa W. Lee (SBN 186495)
E-mail: [e-mail]
2 BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
3 Los Angeles, California 90071-2953
Tel: [phone] Fax: [phone]
4
Attorneys for Defendants
5 RAYMOND ROSAS, JESSE
CARDELLA, GERARDO DIAZ, CORY
6 MILLESON AND JOSE QUINONES
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10
11
12

Case No. 2:24-cv-02165-AB-DFM

JOSEPH DAVIS, an individual,

Hon. Andre Birotte, Jr.
Hon. Douglas F. McCormick

Plaintiff,

13

v.

14

PROTECTIVE ORDER

RAYMOND, ROSAS, an individual;
15 JESSE CARDELLA, an individual;
GERARDO DIAZ, an individual;
16 CORY MILLESON, an individual;
JOSE QUINONES, an individual; and
17 DOES 1-10,
Defendants.

18
19
20
21
22 I.

PURPOSES AND LIMITATIONS

23

A.

24

proprietary, or private information for which special protection from public

25

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

26

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

27

the Court to enter the following Stipulated Protective Order. The parties

28

acknowledge that this Order does not confer blanket protections on all

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

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

1

Case No. 2:24-cv-02165-AB-DFM
[PROPOSED] PROTECTIVE ORDER

1

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

2

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

3

are entitled to confidential treatment under the applicable legal principles.

4

The parties further acknowledge, as set forth in Section XIII(C), below, that

5

this Stipulated Protective Order does not entitle them to file confidential

6

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

7

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

8

permission from the Court to file material under seal.

9
10 II.

GOOD CAUSE STATEMENT

11

This action involves Plaintiff Joseph Davis (“Plaintiff”) and Alhambra Police

12 Department (“APD”) Officers Brandon Cardella, Gerardo Diaz, Cory Milleson, and
13 Jose Quinones (collectively “Officer Defendants”). Plaintiff is seeking materials
14 and information the City of Alhambra (“City”) maintains as confidential, such
15 officer body worn video recordings, audio recordings and materials, personnel
16 records and other administrative materials and information currently in the
17 possession of the City which Defendants believe need special protection from public
18 disclosure and from use for any purpose other than prosecuting this litigation.
Defendants assert that the confidentiality of the materials and information

19

20 sought by Plaintiff is recognized by California and federal law, as evidenced inter
21 alia by California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for
22 N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City
23 has not publicly released the materials and information referenced above. These
24 materials and information are of the type that have been used to initiate disciplinary
25 action against APD officers and has been used as evidence in disciplinary
26 proceedings where the officers’ conduct was considered to be contrary to APD
27 policy.
28 ///
B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

Defendants contend that absent a protective order delineating the

2 responsibilities of nondisclosure on the part of the parties hereto, there is a specific
3 risk of unnecessary and undue disclosure by one or more of the many attorneys,
4 secretaries, law clerks, paralegals and expert witnesses involved in this case, as well
5 as the corollary risk of embarrassment, harassment as well as professional, physical
6 and legal harm on the part of the APD officers referenced in the materials and
7 information.
8

Defendants also contend that the unfettered disclosure of the materials and

9 information, absent a protective order, would allow the media to share this
10 information with potential jurors in the area, impacting the rights of the Defendants
11 herein to receive a fair trial.
12

Accordingly, to expedite the flow of information, to facilitate the prompt

13 resolution of disputes over confidentiality of discovery materials, to adequately
14 protect information the parties are entitled to keep confidential, to ensure that the
15 parties are permitted reasonable necessary uses of such material in preparation for
16 and in the conduct of trial, to address their handling at the end of the litigation, and
17 serve the ends of justice, a protective order for such information is justified in this
18 matter. It is the intent of the parties that information will not be designated as
19 confidential for tactical reasons and that nothing be so designated without a good
20 faith belief that it has been maintained in a confidential, non-public manner, and
21 there is good cause why it should not be part of the public record of this case. This
22 also includes (1) any information copied or extracted from the Confidential
23 information; (2) copies, excerpts, summaries or compilations of Confidential
24 information; and (3) any testimony, conversations, or presentations that might reveal
25 Confidential information.
26 ///
27 ///
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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1 III.

DEFINITIONS

2

A.

Action: This pending federal law suit.

3

B.

Challenging Party: A Party or Non-Party that challenges the
designation of information or items under this Order.

4
5

C.

6

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

7

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

8

specified above in the Good Cause Statement. This also includes (1)

9

any information copied or extracted from the Confidential information;

10

(2) copies, excerpts, summaries or compilations of Confidential

11

information; and (3) any testimony, conversations, or presentations that

12

might reveal Confidential information.

13

D.

15

Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).

14
E.

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

16

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

17

“CONFIDENTIAL.”

18

F.

Disclosure or Discovery Material: All items or information, regardless

19

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

20

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

21

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

22

discovery in this matter.

23

G.

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

24

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

25

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

26

H.

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

27

House Counsel does not include Outside Counsel of Record or any

28

other outside counsel.

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

“CONFIDENTIAL” Information or Items: Information (regardless of

4861-7158-1381 v1

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

I.

Non-Party: Any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

2
J.

3

Outside Counsel of Record: Attorneys who are not employees of a

4

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

5

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

6

affiliated with a law firm which has appeared on behalf of that party,

7

and includes support staff.
K.

8

Party: Any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of

9

Record (and their support staffs).

10
L.

11

Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

12
M.

13

Professional Vendors: Persons or entities that provide litigation

14

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

15

exhibits or demonstrations, and organizing, storing, or retrieving data in

16

any form or medium) and their employees and subcontractors.
N.

17

Protected Material: Any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

18
O.

19

Receiving Party: A Party that receives Disclosure or Discovery
Material from a Producing Party.

20
21
22 IV.

SCOPE

23

A.

24

Protected Material (as defined above), but also (1) any information copied or

25

extracted from Protected Material; (2) all copies, excerpts, summaries, or

26

compilations of Protected Material; and (3) any testimony, conversations, or

27

presentations by Parties or their Counsel that might reveal Protected Material.

28

B.

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

The protections conferred by this Stipulation and Order cover not only

Any use of Protected Material at trial shall be governed by the orders of
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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

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

2

trial.

3
4 V.

DURATION

5

A.

6

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

7

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

8

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

9

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

Even after final disposition of this litigation, the confidentiality

10

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

11

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

12

any motions or applications for extension of time pursuant to applicable law.

13
14 VI.

DESIGNATING PROTECTED MATERIAL

15

A.

16

1.

17

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

18

designation to specific material that qualifies under the appropriate

19

standards. The Designating Party must designate for protection only

20

those parts of material, documents, items, or oral or written

21

communications that qualify so that other portions of the material,

22

documents, items, or communications for which protection is not

23

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

24

2.

25

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

26

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

27

development process or to impose unnecessary expenses and burdens

28

on other parties) may expose the Designating Party to sanctions.

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

Exercise of Restraint and Care in Designating Material for Protection

4861-7158-1381 v1

Each Party or Non-Party that designates information or items

Mass, indiscriminate, or routinized designations are prohibited.

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PROTECTIVE ORDER

1

3.

2

items that it designated for protection do not qualify for protection, that

3

Designating Party must promptly notify all other Parties that it is

4

withdrawing the inapplicable designation.

5

B.

Manner and Timing of Designations

6

1.

7

B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or

8

Discovery Material that qualifies for protection under this Order must

9

be clearly so designated before the material is disclosed or produced.

10

2.

Except as otherwise provided in this Order (see, e.g., Section

Designation in conformity with this Order requires the following:

11

a.

12

electronic documents, but excluding transcripts of depositions or

13

other pretrial or trial proceedings), that the Producing Party affix

14

at a minimum, the legend “CONFIDENTIAL” (hereinafter

15

“CONFIDENTIAL legend”), to each page that contains

16

protected material. If only a portion or portions of the material

17

on a page qualifies for protection, the Producing Party also must

18

clearly identify the protected portion(s) (e.g., by making

19

appropriate markings in the margins).

20

b.

21

available for inspection need not designate them for protection

22

until after the inspecting Party has indicated which documents it

23

would like copied and produced. During the inspection and

24

before the designation, all of the material made available for

25

inspection shall be deemed “CONFIDENTIAL.” After the

26

inspecting Party has identified the documents it wants copied and

27

produced, the Producing Party must determine which documents,

28

or portions thereof, qualify for protection under this Order.

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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

4861-7158-1381 v1

For information in documentary form (e.g., paper or

A Party or Non-Party that makes original documents

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

Then, before producing the specified documents, the Producing

2

Party must affix the “CONFIDENTIAL legend” to each page

3

that contains Protected Material. If only a portion or portions of

4

the material on a page qualifies for protection, the Producing

5

Party also must clearly identify the protected portion(s) (e.g., by

6

making appropriate markings in the margins).

7

c.

8

Party identify the Disclosure or Discovery Material on the

9

record, before the close of the deposition all protected testimony.

For testimony given in depositions, that the Designating

10

d.

11

and for any other tangible items, that the Producing Party affix in

12

a prominent place on the exterior of the container or containers

13

in which the information is stored the legend

14

“CONFIDENTIAL.” If only a portion or portions of the

15

information warrants protection, the Producing Party, to the

16

extent practicable, shall identify the protected portion(s).

17

C.

For information produced in form other than document

Inadvertent Failure to Designate

18

1.

If timely corrected, an inadvertent failure to designate qualified

19

information or items does not, standing alone, waive the Designating

20

Party’s right to secure protection under this Order for such material.

21

Upon timely correction of a designation, the Receiving Party must

22

make reasonable efforts to assure that the material is treated in

23

accordance with the provisions of this Order.

24
25 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26

Timing of Challenges

27

1.

28

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

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

A.

4861-7158-1381 v1

Any party or Non-Party may challenge a designation of

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1
2

Scheduling Order.
B.

Meet and Confer

3

1.

The Challenging Party shall initiate the dispute resolution

4

process under Local Rule 37.1 et seq.

5

C.

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

6

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

7

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

8

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

9

Designating Party has waived or withdrawn the confidentiality designation,

10

all parties shall continue to afford the material in question the level of

11

protection to which it is entitled under the Producing Party’s designation until

12

the Court rules on the challenge.

13
14 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
15

Basic Principles

16

1.

17

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

19

Action. Such Protected Material may be disclosed only to the

20

categories of persons and under the conditions described in this Order.

21

When the Action has been terminated, a Receiving Party must comply

22

with the provisions of Section XIV below.

23

2.

24

Party at a location and in a secure manner that ensures that access is

25

limited to the persons authorized under this Order.

26

B.

A Receiving Party may use Protected Material that is disclosed

Protected Material must be stored and maintained by a Receiving

Disclosure of “CONFIDENTIAL” Information or Items

27

1.

28

the Designating Party, a Receiving Party may disclose any information

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

A.

4861-7158-1381 v1

Unless otherwise ordered by the Court or permitted in writing by

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1
2

a.

3

Action, as well as employees of said Outside Counsel of Record

4

to whom it is reasonably necessary to disclose the information

5

for this Action;

6

b.

7

Counsel) of the Receiving Party to whom disclosure is

8

reasonably necessary for this Action;

9

c.

The Receiving Party’s Outside Counsel of Record in this

The officers, directors, and employees (including House

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

10

whom disclosure is reasonably necessary for this Action and who

11

have signed the “Acknowledgment and Agreement to Be Bound”

12

(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

16

Professional Vendors to whom disclosure is reasonably

17

necessary for this Action and who have signed the

18

“Acknowledgment and Agreement to be Bound” attached as

19

Exhibit A hereto;

20

g.

21

information or a custodian or other person who otherwise

22

possessed or knew the information;

23

h.

24

witnesses, in the Action to whom disclosure is reasonably

25

necessary provided: (i) the deposing party requests that the

26

witness sign the “Acknowledgment and Agreement to Be

27

Bound;” and (ii) they will not be permitted to keep any

28

confidential information unless they sign the “Acknowledgment

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

or item designated “CONFIDENTIAL” only to:

4861-7158-1381 v1

The author or recipient of a document containing the

During their depositions, witnesses, and attorneys for

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

and Agreement to Be Bound,” unless otherwise agreed by the

2

Designating Party or ordered by the Court. Pages of transcribed

3

deposition testimony or exhibits to depositions that reveal

4

Protected Material may be separately bound by the court reporter

5

and may not be disclosed to anyone except as permitted under

6

this Stipulated Protective Order; and

7

i.

8

personnel, mutually agreed upon by any of the parties engaged in

9

settlement discussions.

Any mediator or settlement officer, and their supporting

10
11 IX.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

12

PRODUCED IN OTHER LITIGATION

13

A.

14

litigation that compels disclosure of any information or items designated in

15

this Action as “CONFIDENTIAL,” that Party must:

16

1.

17

notification shall include a copy of the subpoena or court order;

18

2.

19

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

20

covered by the subpoena or order is subject to this Protective Order.

21

Such notification shall include a copy of this Stipulated Protective

22

Order; and

23

3.

24

pursued by the Designating Party whose Protected Material may be

25

affected.

Promptly notify in writing the Designating Party. Such
Promptly notify in writing the party who caused the subpoena or

Cooperate with respect to all reasonable procedures sought to be

26

B.

27

served with the subpoena or court order shall not produce any information

28

designated in this action as “CONFIDENTIAL” before a determination by the

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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

4861-7158-1381 v1

If the Designating Party timely seeks a protective order, the Party

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

Court from which the subpoena or order issued, unless the Party has obtained

2

the Designating Party’s permission. The Designating Party shall bear the

3

burden and expense of seeking protection in that court of its confidential

4

material and nothing in these provisions should be construed as authorizing or

5

encouraging a Receiving Party in this Action to disobey a lawful directive

6

from another court.

7
8 X.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

9

PRODUCED IN THIS LITIGATION

10

A.

11

Non-Party in this Action and designated as “CONFIDENTIAL.” Such

12

information produced by Non-Parties in connection with this litigation is

13

protected by the remedies and relief provided by this Order. Nothing in these

14

provisions should be construed as prohibiting a Non-Party from seeking

15

additional protections.

16

B.

17

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

18

Party is subject to an agreement with the Non-Party not to produce the Non-

19

Party’s confidential information, then the Party shall:

In the event that a Party is required, by a valid discovery request, to

20

1.

21

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

22

confidentiality agreement with a Non-Party;

23

2.

24

Protective Order in this Action, the relevant discovery request(s), and a

25

reasonably specific description of the information requested; and

26

3.

27

Non-Party, if requested.

28
B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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

C.
4861-7158-1381 v1

Promptly notify in writing the Requesting Party and the Non-

Promptly provide the Non-Party with a copy of the Stipulated

Make the information requested available for inspection by the

If the Non-Party fails to seek a protective order from this court within
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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

its Protected Material.

9
10 XI.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

11

A.

12

disclosed Protected Material to any person or in any circumstance not

13

authorized under this Stipulated Protective Order, the Receiving Party must

14

immediately (1) notify in writing the Designating Party of the unauthorized

15

disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

16

Protected Material, (3) inform the person or persons to whom unauthorized

17

disclosures were made of all the terms of this Order, and (4) request such

18

person or persons to execute the “Acknowledgment and Agreement to be

19

Bound” that is attached hereto as Exhibit A.

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

20
21 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22

PROTECTED MATERIAL

23

A.

24

inadvertently produced material is subject to a claim of privilege or other

25

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

26

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

27

to modify whatever procedure may be established in an e-discovery order that

28

provides for production without prior privilege review. Pursuant to Federal

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

When a Producing Party gives notice to Receiving Parties that certain

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PROTECTIVE ORDER

1

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

2

the effect of disclosure of a communication or information covered by the

3

attorney-client privilege or work product protection, the parties may

4

incorporate their agreement in the Stipulated Protective Order submitted to

5

the Court.

6
7 XIII. MISCELLANEOUS
A.

8

Right to Further Relief
1.

9

Nothing in this Order abridges the right of any person to seek its

modification by the Court in the future.

10
B.

11

Right to Assert Other Objections

12

1.

13

waives any right it otherwise would have to object to disclosing or

14

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

15

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

16

object on any ground to use in evidence of any of the material covered

17

by this Protective Order.
C.

18

By stipulating to the entry of this Protective Order, no Party

Filing Protected Material

19

1.

A Party that seeks to file under seal any Protected Material must

20

comply with Civil Local Rule 79-5. Protected Material may only be

21

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

22

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

23

Protected Material under seal is denied by the Court, then the

24

Receiving Party may file the information in the public record unless

25

otherwise instructed by the Court.

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27 ///
28 ///
B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1 XIV. FINAL DISPOSITION
2

A.

After the final disposition of this Action, as defined in Section V,

3

within sixty (60) days of a written request by the Designating Party, each

4

Receiving Party must return all Protected Material to the Producing Party or

5

destroy such material. As used in this subdivision, “all Protected Material”

6

includes all copies, abstracts, compilations, summaries, and any other format

7

reproducing or capturing any of the Protected Material. Whether the

8

Protected Material is returned or destroyed, the Receiving Party must submit

9

a written certification to the Producing Party (and, if not the same person or

10

entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

11

category, where appropriate) all the Protected Material that was returned or

12

destroyed and (2) affirms that the Receiving Party has not retained any copies,

13

abstracts, compilations, summaries or any other format reproducing or

14

capturing any of the Protected Material. Notwithstanding this provision,

15

Counsel are entitled to retain an archival copy of all pleadings, motion papers,

16

trial, deposition, and hearing transcripts, legal memoranda, correspondence,

17

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

18

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

19

Material. Any such archival copies that contain or constitute Protected

20

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

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

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Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

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B.

Any violation of this Order may be punished by any and all appropriate

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measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: June 6, 2024

KIRAKOSIAN LAW, APC

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By: /s/ Gregory L. Kirakosian
Gregory L. Kirakosian

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Attorneys for Plaintiff
JOSEPH DAVIS

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Dated: June 6, 2024

BURKE, WILLIAMS & SORENSEN, LLP

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By: /s/ Lisa W. Lee
Susan E. Coleman
Lisa W. Lee

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Attorneys for Defendants
RAYMOND ROSAS, JESSE CARDELLA,
GERARDO DIAZ, CORY MILLESON
AND JOSE QUINONES

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated: June 6, 2024
Honorable Douglas F. McCormick
United States Magistrate Judge

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

16

Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

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[print or type full name], of
[print or type full address], declare under penalty of perjury that I have

read in its entirety and understand the Stipulated Protective Order that was issue by

8 the United States District Court for the Central District of California on [DATE] in
9 the case of Joseph Davis v. Raymond Rosas, et al,, Case No. 2:24-cv-2165-AB10
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DFM. I agree to comply with and to be bound by all the terms of this Stipulated

12 Protective Order and I understand and acknowledge that failure to so comply could
13 expose me to sanctions and punishment in the nature of contempt. I solemnly
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promise that I will not disclose in any manner any information or item that is subject

16 to this Stipulated Protective Order to any person or entity except in strict compliance
17 with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court

20 for the Central District of California for the purpose of enforcing the terms of this
21 Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action. I hereby appoint

24 full name] of

[print or type
[print or type full address and

25 telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
27
28 Order.
B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

17

Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER

1 Date:
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City and State where sworn and signed:

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Printed Name:

5 Signature:
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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

4861-7158-1381 v1

18

Case No. 2:24-cv-02165-AB-DFM
PROTECTIVE ORDER