K. P. v. San Bernardino County et al

Filing 24

PROTECTIVE ORDER by Magistrate Judge David T. Bristow re Stipulation for Protective Order 23 . (see document for details) (hr)

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THE SEHAT LAW FIRM, PLC
Cameron Sehat, Esq. (SBN 256535)
[e-mail]
5100 Campus Dr., Ste 200
Newport Beach, CA, 92660
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff, K.P, a minor, by and through
her guardian ad litem, Crystal Loomis
DANIEL S. ROBERTS, Bar No. 205535
[e-mail]
JEREMIAH D. JOHNSON, Bar No. 293200
[e-mail]
COLE HUBER LLP
2855 E. Guasti Road, Suite 402
Ontario, California 91761
Telephone: [phone]
Attorneys for Defendants San Bernardino
County and Christopher Morales

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
Case No.: 5:23-cv-01545 HDV(DTBx)
K.P., a minor, by and through her
[District Judge: Hon. Hernan D. Vera;
guardian ad litem, CRYSTAL
Magistrate Judge: David T. Bristow]
LOOMIS, individually;

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Plaintiff,
v.

PROPOSED STIPULATED PROTECTIVE
ORDER

SAN BERNARDINO COUNTY, a
Governmental Entity; C. MORALES;
and DOES 1 through 10, inclusive,

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Defendants.

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1.

PURPOSES AND LIMITATIONS

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

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private information for which special protection from public disclosure and from use for

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any purpose other than prosecuting this litigation may be warranted. Accordingly, the

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parties hereby stipulate and petition the Court to enter the following Stipulated

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Protective Order.

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The parties acknowledge that this Order does not confer blanket protections

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

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

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confidential treatment under the applicable legal principles. The parties further

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acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective Order

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does not entitle them to file confidential information under seal; Civil Local Rule 79-5

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sets forth the procedures that must be followed and the standards that will be applied

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when a party seeks permission from the court to file material under seal.

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2.

GOOD CAUSE STATEMENT
This action is likely to involve medical records, juvenile education records,

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family law records, law enforcement personnel records, juvenile court records and

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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sensitive information consist of, among other things, confidential medical records,

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confidential personnel records, confidential juvenile records, information related to court

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proceedings otherwise generally unavailable to the public, or which may be privileged or

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otherwise protected from disclosure under state or federal statutes, court rules, case

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decisions, or common law. Accordingly, to expedite the flow of information, to facilitate

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the prompt resolution of disputes over confidentiality of discovery materials, to

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adequately protect information the parties are entitled to keep confidential, to ensure that

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the parties are permitted reasonable necessary uses of such material in preparation for

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and in the conduct of trial, to address their handling at the end of the litigation, and serve

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the ends of justice, a protective order for such information is justified in this matter. It is

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the intent of the parties that information will not be designated as confidential for tactical

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reasons and that nothing be so designated without a good faith belief that it has been

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maintained in a confidential, non-public manner, and there is good cause why it should

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not be part of the public record of this case.

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3.

DEFINITIONS.

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3.1

Action: this pending federal law suit.

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3.2

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

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information or items under this Order.
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“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.
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Counsel: 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

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

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“CONFIDENTIAL.”

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3.6

Disclosure or Discovery Material: all items or information, regardless

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

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

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generated in disclosures or responses to discovery in this matter.

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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

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an expert witness or as a consultant in this Action.

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3.8

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

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

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counsel.

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3.9

other legal entity not named as a Party to this action.

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

3.10 Outside Counsel of Record: attorneys who are not employees of a
party to this Action but are retained to represent or advise a party to this Action and
have appeared in this Action on behalf of that party or are affiliated with a law firm
which has appeared on behalf of that party, and includes support staff.
3.11 Party: any party to this Action, including all of its officers, directors,

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

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support staffs).
3.12 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.

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3.13 Professional Vendors: persons or entities that provide litigation

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

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

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and their employees and subcontractors.

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3.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
3.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.
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4.

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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

Material (as defined above), but also:

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(A) Any information copied or extracted from Protected Material;

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(B) All copies, excerpts, summaries, or compilations of Protected Material; and

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(C) Any testimony, conversations, or presentations by Parties or their Counsel that

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might reveal Protected Material. Any use of Protected Material at trial shall be

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governed by the orders of the trial judge. This Order does not govern the use of

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Protected Material at trial.

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5.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed

by this Order shall remain in effect until a Designating Party agrees otherwise in writing
or a court order otherwise directs. Final disposition shall be deemed to be the later of:
(A) dismissal of all claims and defenses in this Action, with or without prejudice;

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and

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(B) final judgment herein after the completion and exhaustion of all appeals, re-

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

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

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6.

DESIGNATING PROTECTED MATERIAL

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6.1

Exercise of Restraint and Care in Designating Material for Protection.

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

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

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under the appropriate standards. The Designating Party must designate for protection only

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those parts of material, documents, items, or oral or written communications that qualify

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so that other portions of the material, documents, items, or communications for which

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

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Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

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to unnecessarily encumber the case development process or to impose unnecessary

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

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

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designated for protection do not qualify for protection, that Designating Party must

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

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6.2

Manner and Timing of Designations.

Except as otherwise provided in this Order (see, e.g., second paragraph of section
6.2 (a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material
that qualifies for protection under this Order must be clearly so designated before the
material is disclosed or produced. Designation in conformity with this Order requires:
(a) For information in documentary form (e.g., paper or electronic documents, but
excluding transcripts of depositions or other pretrial or trial proceedings), that
the Producing Party affix at a minimum, the legend “CONFIDENTIAL”
(hereinafter “CONFIDENTIAL legend”), to each page that contains protected
material. If only a portion or portions of the material on a page qualifies for
protection, the Producing Party also must clearly identify the protected
portion(s) (e.g., by making appropriate markings in the margins).
(b) A Party or Non-Party that makes original documents available for inspection
need not designate them for protection until after the inspecting Party has
indicated which documents it would like copied and produced. During the
inspection and before the designation, all of the material made available for
inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
identified the documents it wants copied and produced, the Producing Party
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must determine which documents, or portions thereof, qualify for protection

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under this Order. Then, before producing the specified documents, the

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

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

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page qualifies for protection, the Producing Party also must clearly identify the

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

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(c) For testimony given in depositions that the Designating Party identify the

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Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.

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(d) For information produced in some form other than documentary and for any

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

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

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

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

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the protected portion(s).

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6.3

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Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure to designate qualified information or
items does not, standing alone, waive the Designating Party’s right to secure protection
under this Order for such material. Upon timely correction of a designation, the Receiving
Party must make reasonable efforts to assure that the material is treated in accordance with
the provisions of this Order.
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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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7.1

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Any Party or Non-Party may challenge a designation of confidentiality at any time

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Timing of Challenges.

that is consistent with the Court’s Scheduling Order.

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7.2

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The Challenging Party shall initiate the dispute resolution process under Local Rule

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37.1 et seq.

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7.3

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Meet and Confer.

The Burden of Persuasion.

In any such challenge proceeding shall be on the Designating Party. Frivolous
challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary
expenses and burdens on other parties) may expose the Challenging Party to sanctions.
Unless the Designating Party has waived or withdrawn the confidentiality designation, all
parties shall continue to afford the material in question the level of protection to which it
is entitled under the Producing Party’s designation until the Court rules on the
challenge.

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8.

ACCESS TO AND USE OF PROTECTED MATERIAL

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8.1

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A Receiving Party may use Protected Material that is disclosed or produced by

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another Party or by a Non-Party in connection with this Action only for prosecuting,

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defending, or attempting to settle this Action. Such Protected Material may be disclosed

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

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the Action has been terminated, a Receiving Party must comply with the provisions of

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section 13 below (FINAL DISPOSITION).

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Basic Principles.

Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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8.2

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Unless otherwise ordered by the court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

Disclosure of “CONFIDENTIAL” Information or Items.

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

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

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necessary to disclose the information for this Action;

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

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Receiving Party to whom disclosure is reasonably necessary for this

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Action;

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(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);
(g) 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, witnesses ,and attorneys for witnesses, in the
Action to whom disclosure is reasonably necessary provided:
1. The deposing party requests that the witness sign the form
attached as Exhibit 1 hereto; and
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2. They will not be permitted to keep any confidential information

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unless they sign the Acknowledgment and Agreement to Be

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Bound” (Exhibit A), unless otherwise greed by the Designating

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Party or ordered by the court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material

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may be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated

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Protective Order; and

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

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mutually agreed upon by any of the parties engaged in settlement

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discussions.

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9.

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

that compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL,” that Party must:
(a) Promptly notify in writing the Designating Party. Such notification shall include
a copy of the subpoena or court order;
(b) Promptly notify in writing the party who caused the subpoena or order to issue
in the other litigation that some or all of the material covered by the subpoena
or order is subject to this Protective Order. Such notification shall include a
copy of this Stipulated Protective Order; and
(c) Cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected. If the Designating
Party timely seeks a protective order, the Party served with the subpoena or
court order shall not produce any information designated in this action as
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“CONFIDENTIAL” before a determination by the court from which the

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

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

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

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provisions should be construed as authorizing or encouraging a Receiving Party

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in this Action to disobey a lawful directive from another court.

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10.

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

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

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in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should

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be construed as prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery request, to produce a

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Non-Party’s confidential information in its possession, and the Party is subject

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to an agreement with the Non-Party not to produce the Non-Party’s confidential

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information, then the Party shall:

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1) Promptly notify in writing the Requesting Party and the Non-Party that
some or all of the information requested is subject to a confidentiality
agreement with a Non-Party;
2) Promptly provide the Non-Party with a copy of the Stipulated Protective
Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and
3) Make the information requested available for inspection by the Non-Party,
if requested.

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

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of receiving the notice and accompanying information, the Receiving Party may

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

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

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shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden

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and expense of seeking protection in this court of its Protected Material.

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11.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

Protected Material to any person or in any circumstance not authorized under this
Stipulated Protective Order, the Receiving Party must immediately:

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(a) Notify in writing the Designating Party of the unauthorized disclosures,

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(b) Use its best efforts to retrieve all unauthorized copies of the Protected Material,

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(c) Inform the person or persons to whom unauthorized disclosures were made of

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all the terms of this Order, and

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(d) Request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

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

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without

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prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar

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as the parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted

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to the court.

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13.

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13.1 Right to Further Relief.

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

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MISCELLANEOUS

the Court in the future.

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13.2 Right to Assert Other Objections.

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By stipulating to the entry of this Protective Order no Party waives any right it

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otherwise would have to object to disclosing or producing any information or item on any

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ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any

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

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Protective Order.

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13.3 Filing Protected Material.

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

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Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order

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authorizing the sealing of the specific Protected Material at issue. If a Party's request to

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

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file the information in the public record unless otherwise instructed by the court.

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14.

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FINAL DISPOSITION

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

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

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

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this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving
Party must submit a written certification to the Producing Party (and, if not the same
person or entity, to the Designating Party) by the 60 day deadline that:
(a) Identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed; and

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(b) Affirms that the Receiving Party has not retained any copies, abstracts,

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

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the Protected Material. Notwithstanding this provision, Counsel are entitled to

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

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hearing transcripts, legal memoranda, correspondence, deposition and trial

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

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

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copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 5 (DURATION).

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15.

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

including, without limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED February

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, 2024

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/s/ Cameron Sehat

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Attorneys for Plaintiff

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DATED: February

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, 2024

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/s/Jeremiah Johnson

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Attorneys for Defendant

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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AT
TED:__
_)HEUXDU\
____
______
DATED:________________________
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___________
_________
_____________________________________
bl David
D id T.
T Bristow
B
Honorable
United States Magistrate Judge
ATTESTATION
Pursuant to L.R. 5-4.3.4(a)(2)(i), I hereby attest that Jeremiah Johnson, Counsel
or Defendants, concurs in the content of this filing and have authorized this filing.
THE SEHAT LAW FIRM, PLC
/s/ Cameron Sehat

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of _________________

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[print or type full address], declare under penalty of perjury that I have read in its entirety

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and understand the Stipulated Protective Order that was issued by the United States

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District Court for the Central District of California on [date] in the case of ___________

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[insert formal name of the case and the number and initials assigned to it by the court]. I

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

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and I understand and acknowledge that failure to so comply could expose me to sanctions

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and punishment in the nature of contempt. I solemnly promise that I will not disclose in
any manner any information or item that is subject to this Stipulated Protective Order to
any person or entity except in strict compliance with the provisions of this Order. I further
agree to submit to the jurisdiction of the United States District Court for the Central
District of California for the purpose of enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action. I
hereby appoint __________________________ [print or type full name] of

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_______________________________________ [print or type full address and telephone

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number] as my California agent for service of process in connection with this action or

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any proceedings related to enforcement of this Stipulated Protective Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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