Jhonny Roldan v. County of Los Angeles et al

Filing 45

STIPULATED PROTECTIVE ORDER by Magistrate Judge Stephanie S. Christensen re Stipulation for Protective Order 44 (tsn)

1
2
3
4
5
6

JILL WILLIAMS - State Bar No. 221793
ESTHER TEIXEIRA – State Bar No. 346431
CARPENTER, ROTHANS & DUMONT LLP
500 South Grand Avenue, 19th Floor
Los Angeles, California 90071
[phone] / [phone] (Fax)
[e-mail] / [e-mail]
Attorneys for Specially Appearing,
County of Los Angeles

7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19

JHONNY ROLDAN, Individually, ) Case No. 2:24-cv-03485íPA (SSCx)
)
Plaintiff,
)
) STIPULATED PROTECTIVE ORDER
v.
)
)
COUNTY OF LOS ANGELES, a )
public entity, 168 REALTY INC., )
TONY CHANG, VICTOR S K
)
KUNG, and Individual LASD
)
Sheriff Deputies DOES 1 through )
10, Jointly and Severally,
)
)
)
)
Defendants.
)
)

20
21
22

1.

INTRODUCTION
1.1

Purposes and Limitations. Discovery in this action is likely to involve

23

production of confidential, proprietary, or private information for which special

24

protection from public disclosure and from use for any purpose other than

25

prosecuting this litigation may be warranted. Accordingly, the parties hereby

26

stipulate to and petition the court to enter the following Stipulated Protective

27

Order. The parties acknowledge that this Order does not confer blanket

28

protections on all disclosures or responses to discovery and that the protection it
-1STIPULATED PROTECTIVE ORDER

1

affords from public disclosure and use extends only to the limited information or

2

items that are entitled to confidential treatment under the applicable legal

3

principles.

4

1.2

Good Cause Statement. There is good cause and a particularized need

5

for a protective order to preserve the interests of confidentiality and privacy in

6

peace officer personnel file records and associated investigative or confidential

7

records.

8
9

Peace officers have a federal privilege of privacy in their personnel file
records: a reasonable expectation of privacy therein that is underscored, specified,

10

and arguably heightened by the Pitchess protective procedure of California law.

11

See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 (9th Cir. 1990);

12

Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-13 (E.D. Cal.

13

2012) (concluding that “while “[f]ederal law applies to privilege based discovery

14

disputes involving federal claims,” the “state privilege law which is consistent with

15

its federal equivalent significantly assists in applying [federal] privilege law to

16

discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4, 616 (N.D.

17

Cal. 1995) (peace officers have constitutionally-based “privacy rights [that] are not

18

inconsequential” in their police personnel records); cf. Cal. Penal Code §§ 832.7,

19

832.8; Cal. Evid. Code §§ 1040-1047. Unrestricted disclosure of such personnel

20

file information could potentially threaten the safety of non-party witnesses,

21

officers, and their families/associates.

22

Second, municipalities and law enforcement agencies have federal

23

deliberative-executive process privilege, federal official information privilege,

24

federal law enforcement privilege, and federal attorney-client privilege (and/or

25

attorney work product protection) interests in the personnel files of their peace

26

officers – particularly as to those portions of peace officer personnel files that

27

contain critical self-analysis, internal deliberation/decision-making or

28

evaluation/analysis, or communications for the purposes of obtaining or rendering
-2STIPULATED PROTECTIVE ORDER

1

legal advice or analysis – potentially including but not limited to evaluative /

2

analytical portions of Internal Affairs type records or reports, evaluative /

3

analytical portions of supervisory records or reports, and/or reports prepared at the

4

direction of counsel, or for the purpose of obtaining or rendering legal advice

5

Defendants further contend that municipalities and law enforcement agencies have

6

duties to respect the privacy rights of officers and third parties to this litigation,

7

and such duties may bear on the course of discovery in this matter. See Sanchez,

8

936 F.2d at 1033-1034; Maricopa Audubon Soc’y v. United States Forest Serv.,

9

108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4;

10

Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v.

11

Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S.

12

Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United States Dist. Ct., 881

13

F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further contend that such

14

personnel file records are restricted from disclosure by the public entity’s

15

custodian of records pursuant to applicable California law and that uncontrolled

16

release is likely to result in needless intrusion of officer privacy; impairment in the

17

collection of third-party witness information and statements and related legitimate

18

law enforcement investigations/interests; and a chilling of open and honest

19

discussion regarding and/or investigation into alleged misconduct that can erode a

20

public entity’s ability to identify and/or implement any remedial measures that

21

may be required.

22

Third, because peace officers do not have the same rights as other private

23

citizens to avoid giving compelled statements, it is contrary to the fundamental

24

principles of fairness to permit uncontrolled release of officers’ compelled

25

statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 828-

26

830 (1985); cf. U.S. Const., amend V.

27
28

Accordingly, without a protective order preventing such, production of
confidential records in the case can and will likely substantially impair and harm
-3STIPULATED PROTECTIVE ORDER

1

the public entity’s interests in candid self-critical analysis, frank internal

2

deliberations, obtaining candid information from witnesses, preserving the safety

3

of witnesses, preserving the safety of peace officers and peace officers’ families

4

and associates, protecting the privacy officers of peace officers, and preventing

5

pending investigations from being detrimentally undermined by publication of

6

private, sensitive, or confidential information – as can and often does result in

7

litigation.

8

It is the intent of the parties that information will not be designated as

9

confidential for tactical reasons and that nothing be so designated without a good

10

faith belief that it has been maintained in a confidential, non-public manner, and

11

there is good cause why it should not be part of the public record of this case.

12

1.3

Acknowledgment of Procedure for Filing Under Seal. The parties

13

further acknowledge, as set forth in Section 12.3, below, that this Stipulated

14

Protective Order does not entitle them to file confidential information under seal;

15

Local Rule 79-5 sets forth the procedures that must be followed and the standards

16

that will be applied when a party seeks permission from the court to file material

17

under seal.

18

There is a strong presumption that the public has a right of access to judicial

19

proceedings and records in civil cases. In connection with non-dispositive

20

motions, good cause must be shown to support a filing under seal. See Kamakana

21

v. City and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel.

22

Ests. of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002),

23

Makar-Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

24

stipulated protective orders require good cause showing), and a specific showing

25

of good cause or compelling reasons with proper evidentiary support and legal

26

justification, must be made with respect to Protected Material that a party seeks to

27

file under seal. The parties’ mere designation of Disclosure or Discovery Material

28

as CONFIDENTIAL does not—without the submission of competent evidence by
-4STIPULATED PROTECTIVE ORDER

1

declaration, establishing that the material sought to be filed under seal qualifies as

2

confidential, privileged, or otherwise protectable—constitute good cause.

3

Further, if a party requests sealing related to a dispositive motion or trial, then

4

compelling reasons, not only good cause, for the sealing must be shown, and the

5

relief sought shall be narrowly tailored to serve the specific interest to be protected.

6

See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For

7

each item or type of information, document, or thing sought to be filed or

8

introduced under seal in connection with a dispositive motion or trial, the party

9

seeking protection must articulate compelling reasons, supported by specific facts

10

and legal justification, for the requested sealing order. Again, competent evidence

11

supporting the application to file documents under seal must be provided by

12

declaration.

13

Any document that is not confidential, privileged, or otherwise protectable

14

in its entirety will not be filed under seal if the confidential portions can be

15

redacted. If documents can be redacted, then a redacted version for public

16

viewing, omitting only the confidential, privileged, or otherwise protectable

17

portions of the document, shall be filed. Any application that seeks to file

18

documents under seal in their entirety should include an explanation of why

19

redaction is not feasible.

20
21

2.

DEFINITIONS

22

2.1

Action: Jhonny Roldan v. County of Los Angeles, et al, United States

23
24
25
26

District Court Case No. 2:24-cv-03485íPA (SSCx).
2.2

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

27

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

28

protection under Rule 26(c) of the Federal Rules of Civil Procedure, and as
-5STIPULATED PROTECTIVE ORDER

1
2
3
4

specified above in the Good Cause Statement.
2.4

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

their support staff).
2.5

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

5

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

6

“CONFIDENTIAL.”

7

2.6

Disclosure or Discovery Material: all items or information, regardless

8

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

9

among other things, testimony, transcripts, and tangible things), that are produced

10
11

or generated in disclosures or responses to discovery in this matter.
2.7

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

12

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

13

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

14

2.8

Final Disposition: the later of (1) dismissal of all claims and defenses

15

in this Action, with or without prejudice; and (2) final judgment herein after the

16

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

17

this Action, including the time limits for filing any motions or applications for

18

extension of time pursuant to applicable law.

19

2.9

In-House Counsel: attorneys who are employees of a party to this

20

Action. In-House Counsel does not include Outside Counsel of Record or any

21

other outside counsel.

22
23

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

24

2.11 Outside Counsel of Record: attorneys who are not employees of a

25

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

26

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

27

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

28

2.12 Party: any party to this Action, including all of its officers, directors,
-6STIPULATED PROTECTIVE ORDER

1

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

2

support staffs).

3
4

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

5

2.14 Professional Vendors: persons or entities that provide litigation-

6

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

7

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

8

and their employees and subcontractors.

9
10
11
12

2.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.

13
14

3.

15

The protections conferred by this Stipulation and Order cover not only

16

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

17

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

18

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

19

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

20

Any use of Protected Material at trial shall be governed by the orders of the trial

21

judge. This Stipulated Protective Order does not govern the use of Protected

22

Material at trial.

SCOPE

23
24

4.

25

The terms of this Stipulated Protective Order apply through Final

26
27
28

TRIAL AND DURATION

Disposition of the Action.
Once a case proceeds to trial, information that was designated as
CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and
-7STIPULATED PROTECTIVE ORDER

1

used or introduced as an exhibit at trial becomes public and will be presumptively

2

available to all members of the public, including the press, unless compelling

3

reasons supported by specific factual findings to proceed otherwise are made to the

4

trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180–81

5

(distinguishing “good cause” showing for sealing documents produced in

6

discovery from “compelling reasons” standard when merits-related documents are

7

part of court record). Accordingly, for such materials, the terms of this Stipulated

8

Protective Order do not extend beyond the commencement of the trial.

9

Even after Final Disposition of this litigation, the confidentiality obligations

10

imposed by this Stipulated Protective Order shall remain in effect until a

11

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

12
13

5.

DESIGNATING PROTECTED MATERIAL

14

5.1

Exercise of Restraint and Care in Designating Material for Protection.

15

Each Party or Non-Party that designates information or items for protection under

16

this Order must take care to limit any such designation to specific material that

17

qualifies under the appropriate standards. The Designating Party must designate

18

for protection only those parts of material, documents, items, or oral or written

19

communications that qualify so that other portions of the material, documents,

20

items, or communications for which protection is not warranted are not swept

21

unjustifiably within the ambit of this Order.

22

Mass, indiscriminate, or routinized designations are prohibited. Designations

23

that are shown to be clearly unjustified or that have been made for an improper

24

purpose (e.g., to unnecessarily encumber the case development process or to

25

impose unnecessary expenses and burdens on other parties) may expose the

26

Designating Party to sanctions.

27

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

28

designated for protection do not qualify for protection, that Designating Party must
-8STIPULATED PROTECTIVE ORDER

1
2

promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in

3

this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)

4

below), or as otherwise stipulated or ordered, Disclosure or Discovery Material

5

that qualifies for protection under this Stipulated Protective Order must be clearly

6

so designated before the material is disclosed or produced.

7

Designation in conformity with this Stipulated Protective Order requires:

8

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

9

documents, but excluding transcripts of depositions or other pretrial or trial

10

proceedings), that the Producing Party affix at a minimum, the legend

11

“CONFIDENTIAL” to each page that contains protected material. If only a

12

portion or portions of the material on a page qualifies for protection, the Producing

13

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

14

appropriate markings in the margins).

15

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

16

need not designate them for protection until after the inspecting Party has indicated

17

which documents it would like copied and produced. During the inspection and

18

before the designation, all of the material made available for inspection shall be

19

deemed CONFIDENTIAL. After the inspecting Party has identified the

20

documents it wants copied and produced, the Producing Party must determine

21

which documents, or portions thereof, qualify for protection under this Stipulated

22

Protective Order. Then, before producing the specified documents, the Producing

23

Party must affix the “CONFIDENTIAL” legend to each page that contains

24

Protected Material. If only a portion or portions of the material on a page qualifies

25

for protection, the Producing Party also must clearly identify the protected

26

portion(s) (e.g., by making appropriate markings in the margins).

27
28

(b)

for testimony given in depositions that the Designating Party identify

the Disclosure or Discovery Material on the record, before the close of the
-9STIPULATED PROTECTIVE ORDER

1

deposition all protected testimony.
(c)

2

for information produced in some form other than documentary and

3

for any other tangible items, that the Producing Party affix in a prominent place on

4

the exterior of the container or containers in which the information is stored the

5

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

6

warrants protection, the Producing Party, to the extent practicable, shall identify

7

the protected portion(s).
5.3

8
9

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

11

material. Upon timely correction of a designation, the Receiving Party must make

12

reasonable efforts to assure that the material is treated in accordance with the

13

provisions of this Stipulated Protective Order.

14
15

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

16

6.1

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.
6.2

19

Meet and Confer. The Challenging Party shall initiate the dispute

20

resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge

21

Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”1
6.3

22

The burden of persuasion in any such challenge proceeding shall be

23

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

24

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

25

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

26

Party has waived or withdrawn the confidentiality designation, all parties shall

27
28

Judge Christensen’s Procedures are available at
https://www.cacd.uscourts.gov/honorable-stephanie-s-christensen.
-10STIPULATED PROTECTIVE ORDER

1

1

continue to afford the material in question the level of protection to which it is

2

entitled under the Producing Party’s designation until the court rules on the

3

challenge.

4
5

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

6

7.1

Basic Principles. A Receiving Party may use Protected Material that

7

is disclosed or produced by another Party or by a Non-Party in connection with

8

this Action only for prosecuting, defending, or attempting to settle this Action.

9

Such Protected Material may be disclosed only to the categories of persons and

10

under the conditions described in this Order. When the Action reaches a Final

11

Disposition, a Receiving Party must comply with the provisions of section 13

12

below.

13

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

14

location and in a secure manner that ensures that access is limited to the persons

15

authorized under this Stipulated Protective Order.

16

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

17

otherwise ordered by the court or permitted in writing by the Designating Party, a

18

Receiving Party may disclose any information or item designated

19

“CONFIDENTIAL” only:

20

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

21

well as employees of said Outside Counsel of Record to whom it is reasonably

22

necessary to disclose the information for this Action;

23
24
25

(b) to the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) to Experts (as defined in this Order) of the Receiving Party to whom

26

disclosure is reasonably necessary for this Action and who have signed the

27

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

28

(d) to the court and its personnel;
-11STIPULATED PROTECTIVE ORDER

1

(e) to court reporters and their staff;

2

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

3

Vendors to whom disclosure is reasonably necessary for this Action and who have

4

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

5
6
7

(g) to the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, to witnesses, and attorneys for witnesses, in

8

the Action to whom disclosure is reasonably necessary, provided: (1) the deposing

9

party requests that the witness sign the “Acknowledgment and Agreement to Be

10

Bound” (Exhibit A); and (2) the witness will not be permitted to keep any

11

confidential information unless they sign the “Acknowledgment and Agreement to

12

Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

13

ordered by the court. Pages of transcribed deposition testimony or exhibits to

14

depositions that reveal Protected Material may be separately bound by the court

15

reporter and may not be disclosed to anyone except as permitted under this

16

Stipulated Protective Order; and

17
18

(i) to any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.

19
20
21
22

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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

23

that compels disclosure of any information or items designated in this Action as

24

“CONFIDENTIAL,” that Party must:

25
26

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

27

(b) promptly notify in writing the party who caused the subpoena or order to

28

issue in the other litigation that some or all of the material covered by the
-12STIPULATED PROTECTIVE ORDER

1

subpoena or order is subject to this Protective Order. Such notification shall

2

include a copy of this Stipulated Protective Order; and

3

(c) cooperate with respect to all reasonable procedures sought to be pursued by

4

the Designating Party whose Protected Material may be affected.

5

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

6

with the subpoena or court order shall not produce any information designated in

7

this action as “CONFIDENTIAL” before a determination by the court from which

8

the subpoena or order issued, unless the Party has obtained the Designating Party’s

9

permission. The Designating Party shall bear the burden and expense of seeking

10

protection in that court of its confidential material and nothing in these provisions

11

should be construed as authorizing or encouraging a Receiving Party in this Action

12

to disobey a lawful directive from another court.

13
14

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION

15
16

9.1

Application. The terms of this Stipulated Protective Order are

17

applicable to information produced by a Non-Party in this Action and designated

18

as “CONFIDENTIAL.” Such information produced by Non-Parties in connection

19

with this litigation is protected by the remedies and relief provided by this Order.

20

Nothing in these provisions should be construed as prohibiting a Non-Party from

21

seeking additional protections.

22

9.2

Notification. In the event that a Party is required, by a valid discovery

23

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

24

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

25

Party’s confidential information, then the Party shall:

26

(a) promptly notify in writing the Requesting Party and the Non-Party

27

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

28

confidentiality agreement with a Non-Party;
-13STIPULATED PROTECTIVE ORDER

1

(b) make the information requested available for inspection by the NonParty, if requested.

2
3

9.3

Conditions of Production. If the Non-Party fails to seek a protective

4

order from this court within 14 days of receiving the notice and accompanying

5

information, the Receiving Party may produce the Non-Party’s confidential

6

information responsive to the discovery request. If the Non-Party timely seeks a

7

protective order, the Receiving Party shall not produce any information in its

8

possession or control that is subject to the confidentiality agreement with the Non-

9

Party before a determination by the court. Absent a court order to the contrary, the

10

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

11

its Protected Material.

12
13

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL

14
15

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

16

disclosed Protected Material to any person or in any circumstance not authorized

17

under this Stipulated Protective Order, the Receiving Party must immediately (a)

18

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

19

best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

20

the person or persons to whom unauthorized disclosures were made of all the terms

21

of this Order, and (d) request such person or persons to execute the

22

“Acknowledgment and Agreement to Be Bound” (Exhibit A).

23
24
25
26

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

27

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

28

protection, the obligations of the Receiving Parties are those set forth in Rule
-14STIPULATED PROTECTIVE ORDER

1

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

2

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

3

provides for production without prior privilege review. Pursuant to Rules 502(d)

4

and (e) of the Federal Rules of Evidence, insofar as the parties reach an agreement

5

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

6

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

7

their agreement in the stipulated protective order submitted to the court.

8
9
10
11

12.

MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Stipulated Protective Order
abridges the right of any person to seek its modification by the court in the future.

12

12.2 Right to Assert Other Objections. By stipulating to the entry of this

13

Stipulated Protective Order no Party waives any right it otherwise would have to

14

object to disclosing or producing any information or item on any ground not

15

addressed in this Stipulated Protective Order. Similarly, no Party waives any right

16

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

17

Stipulated Protective Order.

18

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

19

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

20

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

21

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

22

under seal is denied by the court, then the Receiving Party may file the information

23

in the public record unless otherwise instructed by the court.

24
25

13.

26

After the Final Disposition of this Action, as defined in paragraph 4, within

27

60 days of a written request by the Designating Party, each Receiving Party must

28

return all Protected Material to the Producing Party or destroy such material. As

FINAL DISPOSITION

-15STIPULATED PROTECTIVE ORDER

1

used in this subdivision, “all Protected Material” includes all copies, abstracts,

2

compilations, summaries, and any other format reproducing or capturing any of the

3

Protected Material. Whether the Protected Material is returned or destroyed, the

4

Receiving Party must submit a written certification to the Producing Party (and, if

5

not the same person or entity, to the Designating Party) by the 60 day deadline that

6

(1) identifies (by category, where appropriate) all the Protected Material that was

7

returned or destroyed and (2) affirms that the Receiving Party has not retained any

8

copies, abstracts, compilations, summaries or any other format reproducing or

9

capturing any of the Protected Material. Notwithstanding this provision, Counsel is

10

entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

11

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

12

exhibits, expert reports, attorney work product, and consultant and expert work

13

product, even if such materials contain Protected Material. Any such archival

14

copies that contain or constitute Protected Material remain subject to this

15

Protective Order as set forth in Section 4.

16
17

14.

18

Any violation of this Stipulated Protective Order may be punished by any

VIOLATION

19

and all appropriate measures including, without limitation, contempt proceedings

20

and/or monetary sanctions.

21
22

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

23
24
25
26
27
28
-16STIPULATED PROTECTIVE ORDER

1

DATED: September 23, 2024

CURD GALIDO & SMITH LLP

2
3

By: /s/ Maximilliano Galindo
ALEX GALINDO
MAXIMILIANO GALINDO
Attorneys for Plaintiff,
Jhonny Roldan

4
5
6
7
8

DATED: September 23, 2024

CARPENTER, ROTHANS & DUMONT

9
10

By: /s/ Jill Williams
JILL WILLIAMS
ESTHER TEIXEIRA
Attorneys for Specially Appearing,
County of Los Angeles

11
12
13
14
15
16
17
18
19
20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: September 24, 2024

_________________________________
___________________
Stephanie S. Christensen
United States Magistrate Judge

21
22
23
24
25
26
27
28
-17STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I,

______________________________________________ [print or

5

type full name], of

6

__________________________________________________________________

7

_________________________________________ [print or type full address],

8

declare under penalty of perjury that I have read in its entirety and understand the

9

Stipulated Protective Order that was issued by the United States District Court for

10

the Central District of California on ________________________ [date] in the

11

case of Jhonny Roldan v. County of Los Angeles, et al, United States District

12

Court Case No. 2:24-cv-03485íPA (SSCx).

13

I agree to comply with and to be bound by all the terms of this Stipulated

14

Protective Order and I understand and acknowledge that failure to so comply could

15

expose me to sanctions and punishment in the nature of contempt. I solemnly

16

promise that I will not disclose in any manner any information or item that is

17

subject to this Stipulated Protective Order to any person or entity except in strict

18

compliance with the provisions of this Order.

19

I further agree to submit to the jurisdiction of the United States District

20

Court for the Central District of California for the purpose of enforcing the terms

21

of this Stipulated Protective Order, even if such enforcement proceedings occur

22

after termination of this action. I hereby appoint ___________________________

23

_____________________________________________[print or type full name]

24

of_________________________________________________________________

25

____________________________________________________________ [print

26

or type full address and telephone number] as my California agent for service of

27

process in connection with this action or any proceedings related to enforcement of

28

this Stipulated Protective Order.
-18STIPULATED PROTECTIVE ORDER

1
2

Date:

3

City and State where sworn and

4

signed:

___________________________

5

Printed name:

___________________________

6

Signature:

___________________________

___________________________

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-19STIPULATED PROTECTIVE ORDER