Adrian Aldaco v. Los Angeles Police Department ( 2024 )

1 Christian Contreras, Esq. (SBN 330269) Denisse O. Gastélum, Esq. (SBN cc@contreras-law.com 282771) 2 LAW OFFICES OF CHRISTIAN dgastelum@gastelumfirm.com CONTRERAS GASTÉLUM LAW 3 A PROFESSIONAL LAW CORPORATION A PROFESSIONAL CORPORATION 360 E. 2nd St., 8th Fl. 3767 Worsham Ave. 4 Los Angeles, CA 90012 Long Beach, California 90808 Tel: (323) 435-8000; Fax: (323) 597-0101 Tel: (213) 340-6112 5 Attorneys for Plaintiff, 6 ADRIAN ALDACO 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 ADRIAN ALDACO, an individual, ) CASE NO.: 2:23-cv-03585-HDV-AGR 12 ) ) DISCOVERY MATTER 13 Plaintiff, ) Referred to Magistrate Judge Alicia ) 14 v. ) Rosenberg ) 15 ) STIPULATED PROTECTIVE LOS ANGELES POLICE ) ORDER 16 DEPARTMENT, a public entity, CITY ) OF LOS ANGELES, a municipality; ) 17 RUDY CHAVEZ, an individual; ) NOTE CHANGES MADE BY COURT GREGORY PAPIK, an individual; and ) 18 DOES 1-10, inclusive, individuals, ) ) 19 ) Defendants. ) 20 ) ) 21 ) 22 23 24 25 26 27 28 1 ORDER ON STIPULATION 2 The Court, finding good cause, Orders as follows: 3 1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT 4 A. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 proprietary, or private information for which special protection from public disclosure 7 and from use for any purpose other than prosecuting this litigation would be warranted. 8 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 9 Stipulated Protective Order. The parties acknowledge that this Order does not confer 10 blanket protections on all disclosures or responses to discovery and that the protection 11 it affords from public disclosure and use extends only to the limited information or 12 items that are entitled to a confidential treatment under the applicable legal principles. 13 The parties 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; Civil 15 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 16 will be applied when a party seeks permission from the court to file material under seal. 17 B. GOOD CAUSE STATEMENT 18 Plaintiffs and the individual Defendants may produce certain documents in this 19 case that contain personal medical, employment or financial information. Such 20 information may implicate the privacy interests of the party and are properly protected 21 through a Fed. R. Civ. P. 26(c) protective order. Seattle Times Co. v. Rhinehart, 467 22 U.S. 20, 35 n.21 (1984) (“Rule 26(c) includes among its express purposes the 23 protection of a ‘party or person from annoyance, embarrassment, oppression or undue 24 burden or expense.’ Although the Rule contains no specific reference to privacy or to 25 other rights or interests that may be implicated, such matters are implicit in the broad 26 purpose and language of the Rule.”); Soto v. City of Concord, 162 F.R.D. 603, 617 27 (N.D. Cal. 1995) (a party’s privacy rights are to be protected through a “carefully 28 crafted protective order.”). 1 Defendants’ Statement of Good Cause: 2 Defendants contend the Force Investigation Division of the Los Angeles Police 3 Department and the Internal Affairs and/or Complaint Investigators conduct internal 4 administrative investigations of categorical officer-involved uses of force and internal 5 complaints and external citizen complaints of police misconduct. In this above- 6 captioned matter, the Force Investigation Division of the Los Angeles Police 7 Department conducted an internal administrative investigation into the events of this 8 underlying incident. FID has also collected involved Officers’ Body Camera Footage 9 of what took place during the underlying incident. Such information is obtained 10 through the administrative investigation of this incident and are maintained as 11 confidential peace officer personnel records and utilized for administrative issues for 12 any involved Officers. Defendants contend that a Protective Order is appropriate for 13 the following Good Cause reasons: 14 Once completed, an FID report and/or Personnel Complaint Investigation is 15 prepared. Such reports are reviewed by appropriate command officers in the 16 Department and by the Board of Police Commissioners. This review has several 17 purposes: (1) to determine whether the involved officers violated any Department 18 policies or procedures; (2) to determine whether administrative discipline and/or 19 retraining of the involved officers is necessary; (3) to ascertain if police policies and 20 procedures in such areas as supervision, training, tactics, policies, etc.; should be 21 modified. In sum, FID reports and/or Personnel Complaint Investigations are an 22 essential aid to providing critical self-evaluation of Department officers and policies 23 and to determine the most effective way to serve the citizens of Los Angeles. 24 Accordingly, to expedite the flow of information, to facilitate the prompt 25 resolution of disputes over confidentiality of discovery materials, to adequately protect 26 information the parties are entitled to keep confidential, to ensure that the parties are 27 permitted reasonable necessary uses of such material in preparation for and in the 28 conduct of trial, to address their handling at the end of the litigation, and serve the ends 1 of justice, a protective order for such information is justified in this matter. It is the 2 intent of the parties that information will not be designated as confidential for tactical 3 reasons and that nothing be so designated without a good faith belief that it has been 4 maintained in a confidential, non-public manner, and there is good cause why it should 5 not be part of the public record of this case. 6 2. DEFINITIONS 7 2.1 Action: this pending federal law suit. 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of the 11 medium or how generated, stored, or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c), as specified above in the Good 13 Cause Statement, and other applicable federal privileges. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 15 support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless of 20 the medium or manner generated, stored, or maintained (including, among other things, 21 testimony, transcripts, or tangible things), that are produced or generated in disclosures 22 or responses to discovery in this matter. 23 2.7 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 counsel to serve as an 25 expert witness or as a consultant in this Action. 26 2.8 House Counsel: attorneys who are employees of a Party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 28 counsel. 1 2.9 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 2.11 Party: any part to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying; videotaping; translating; preparing exhibits or 14 demonstrations; and organizing, storing, or retrieving data in any form or medium) and 15 their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only Protected 22 Material (as defined above), but also (1) any information copied or extracted from 23 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 24 Material; and (3) any testimony, conversations, or presentations by Parties or their 25 Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the Orders of the trial 27 judge. This Order does not govern the use of Protected Material at trial. 28 1 4. DURATION 2 Should any Protected Material become part of the public record at trial or 3 otherwise (such as where the Court denies the request to file under seal), this Protective 4 Order shall no longer apply to such portions at Trial which became part of the public 5 record, with the exception that all such material/documents, whether part of the public 6 record or not, must still be returned in compliance with Section 13: Final Disposition. 7 Should any portion of the Protected Material remain confidential until trial, 8 nothing in this order prevents a Party from moving to restrict public access by showing 9 compelling reasons supported by specific factual findings to the trial judge in advance 10 of trial. Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1096-97, 1101 11 (9th Cir. 2016). during any portion of the trial of this action which could entail the 12 discussion or disclosure of Confidential Information, each Party may request the 13 opportunity to show good cause to the Court as to why access to the courtroom should 14 be limited to parties, their counsel and other designated representative, experts or 15 consultants who agreed to be bound by this stipulation/protective order, and court 16 personnel. 17 For all portions of the non-public Protected Material after final disposition of the 18 Trial, whether they became part of the public record or not, the confidentiality 19 obligations by this Order shall remain in full effect. Final disposition shall be deemed 20 to be the later of (1) dismissal of all claims and defenses in this Action, with or without 21 prejudice; (2) In any event wherein all remaining claims in this matter are remanded to 22 State Court or severed from the Federal matter and returned to State Court; and/or (3) 23 final judgment herein after the completion and exhaustion of all appeals, re-hearings, 24 remands, trials, or reviews of this Action, including the time limits for filing any 25 motions or applications for extension of time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 Each Party or Non-Party that designates information or items for protection under this 1 Order must take care to limit any such designation to specific material that qualifies 2 under the appropriate standards. The Designating Party must designate for protection 3 only those parts of material, documents, items, or oral or written communications that 4 qualify so that other portions of the material, documents, items, or communications for 5 which protection is not warranted are not swept unjustifiably within the ambit of this 6 Order. 7 Mass, indiscriminate, or routine designations are prohibited. Designations that 8 are shown to be clearly unjustified, or that have been made for an improper purpose 9 (e.g., to unnecessarily encumber the case development process or to impose 10 unnecessary expenses and burdens on other parties) may expose the Designating Party 11 to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other parties that it is withdrawing the inapplicable designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in this 16 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 17 or ordered, Disclosure or Discovery Material that qualifies for protection under this 18 Order must be clearly so designated before the material is disclosed or produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affix at a minimum, the legend 23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 24 contains protected material. If only a portion or portions of the material on a page 25 qualifies for protection, the Producing Party also must clearly identify the protected 26 portion(s) (e.g., by making appropriate markings in the margins). 27 A Party or Non-Party that makes original documents available for inspection 28 need not designate them for protection until after the inspecting Party has indicated 1 which documents it would like copied and produced. During the inspection and before 2 the designation, all of the material made available for inspection shall be deemed 3 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 4 copied and produced, the Producing Party must determine which documents, or 5 portions thereof, qualify for protection under this Order. Then, before producing the 6 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 7 to each page that contains Protected Material. If only a portion or portions of the 8 material on a page qualifies for protection, the Producing Party also must clearly 9 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 10 Markings added to documents pursuant to this paragraph shall not obscure the content 11 or text of the documents produced. 12 (b) for testimony given in depositions that the Designating Party 13 identify the Disclosure or Discovery Material on the record, before the close of the 14 deposition all protected testimony. The court reporter must affix to each such transcript 15 page containing Protected Material the “CONFIDENTIAL legend”, as instructed by 16 the Designating Party. 17 (c) for information produced in some form other than documentary and 18 for any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information or item is stored the 20 legend “CONFIDENTIAL.” If only a portions or portions of the information or item 21 warrant protection, the Producing Party, to the extent practicable, shall identify the 22 protected portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items as “CONFIDENTIAL” does not, 25 standing alone, waive the Designating Party’s right to secure protection under this 26 Stipulation and its associated Order for such material. Upon timely correction of a 27 designation, the Receiving Party must make reasonable efforts to assure that the 28 material is treated in accordance with the provisions of this Order. 1 5.4 Privilege Logs. If a party withholds information that is responsive to a 2 discovery request by claiming that it is privileged or otherwise protected from 3 discovery, that party shall promptly prepare and provide a privilege log that is 4 sufficiently detailed and informative for the opposing party to assess whether a 5 document's designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The 6 privilege log shall set forth the privilege relied upon and specify separately for each 7 document or for each category of similarly situated documents: 8 (a) the title and description of the document, including number of pages 9 or Bates- number range; 10 (b) the subject matter addressed in the document; 11 (c) the identity and position of its author(s); 12 (d) the identity and position of all addressees and recipients; 13 (e) the date the document was prepared and, if different, the date(s) on 14 which it was sent to or shared with persons other than its author(s); and 15 (f) the specific basis for the claim that the document is privileged and 16 protected. 17 Communications involving counsel that post-date the filing of the complaint 18 need not be placed on a privilege log. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court's Scheduling 22 Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37.1 et seq., and the required discovery dispute 25 resolution procedures available on the magistrate judge’s procedures page at 26 www.cacd.uscourts.gov 27 6.3 Failing informal resolution between parties, the Designating Party may 28 file and serve a Motion for a Protective Order with the Court strictly pursuant to Local 1 Rule 37, including the Joint Stipulation Procedure unless otherwise ordered by the 2 court. The parties agree that if the Motion for Protective Order is filed within 21 days 3 of the written challenge (subject to extension upon agreement of the Parties), the 4 Material will retain its original designation until the Court rules on the Motion for a 5 Protective Order. If the Designating Party does not file a motion within the 21-day 6 period following a challenge, the material is no longer designated as CONFIDENTIAL 7 INFORMATION for purposes of this Stipulation, but that change in designation does 8 not bar the Producing Party from subsequently filing a motion for a protective order. 9 6.4 Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 10 Designating Party may remove Protected Material from some or all of the protections 11 and provisions of this Stipulated Protective Order at any time by any of the following 12 methods: 13 (a) Express Written Withdrawal. A Designating Party may withdraw a 14 “CONFIDENTIAL” designation made to any specified Protected Material from some 15 or all of the protections of this Stipulated Protective Order by an express withdrawal in 16 writing signed by the Designating Party or Designating Party’s counsel (but not 17 including staff of such counsel) that specifies and itemizes the Disclosure or Discovery 18 Material previously designated as Protected Material that shall not longer be subject to 19 some or all of the provisions of this Stipulated Protective Order. Such express 20 withdrawal shall be effective when transmitted or served upon the Receiving Party. If 21 a Designating Party is withdrawing Protected Material from only some of the 22 provisions/protections of this Stipulated Protective Order, the Designating Party must 23 state which specific provisions are no longer to be enforced as to the specified material 24 for which confidentiality protection hereunder is withdrawn: otherwise, such 25 withdrawal shall be construed as a withdrawal of such material from all of the 26 protections/provisions of this Stipulated Protective Order; 27 (b) Express Withdrawal on the Record. A Designating Party may withdraw 28 a “CONFIDENTIAL” designation made to any specified Protected Material from all 1 of the provisions/protections of this Stipulated Protective Order by verbally consenting 2 in court proceedings on the record to such withdrawal – provided that such withdrawal 3 specifies the Disclosure or Discovery Material previously designated as Protected 4 Material shall no longer be subject to any of the provisions of this Stipulation and 5 Order; 6 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 7 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 8 designation made to any specified Protected Material from all of the 9 provisions/protections of this Stipulated Protective Order by either (1) making such 10 Protected Material part of the public record – including but not limited to attaching 11 such as exhibits to any filing with the court without moving, prior to such filing, for 12 the court to seal such records; or (2) failing to timely oppose a Challenging Party’s 13 motion to remove a “CONFIDENTIAL” designation to specified Protected Material. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending, or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions prescribed in this Order. When the Action has been terminated, a Receiving 20 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the Court or permitted in writing by the Designating Party, a 26 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 27 only to: 28 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 1 as employees of such Counsel to whom it is reasonably necessary to disclose the 2 information for this Action; 3 (b) the officers, directors, and employees (including House Counsel) of the 4 Receiving Party to whom disclosure is reasonably necessary for this Action; 5 (c) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (d) the court and its personnel; 9 (e) court reporters and their staff; 10 (f) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed the “ Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (h) during their depositions, witnesses, and attorneys for witnesses, in the 16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 17 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 18 not be permitted to keep any confidential information unless they sign the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 20 by the Designating Party or ordered by the court. Pages of transcribed deposition 21 testimony or exhibits to depositions that reveal Protected Material may be separately 22 bound by the court reporter and may not be disclosed to anyone except as permitted 23 under this Stipulated Protective Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by any of the parties engaged in settlement discussions. 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 27 IN OTHER LITIGATION 28 If a Party is served with a subpoena or a court order issued in other litigation that 1 compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 3 (a) promptly notify in writing the Designating Party. Such notification shall 4 include a copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the subpoena or order to 6 issue in the other litigation that some or all of the material covered by the subpoena or 7 order is subject to Protective Order. Such notification shall include a copy of this 8 Stipulated Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be pursued by 10 the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this action 13 as “CONFIDENTIAL” before a determination by the court from which the subpoena 14 or order issued, unless the Party has obtained the Designating Party’s permission. The 15 Designating Party shall bear the burden and expense of seeking protection in that court 16 of its confidential material and nothing in these provisions should be construed as 17 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 18 from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non- 22 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 23 by Non-Parties in connection with this litigation is protected by the remedies and relief 24 provided by this Order. Nothing in these provisions should be construed as prohibiting 25 a Non-Party from seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 produce a Non-Party’s confidential information in its possession, and the Party is 28 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 1 information, then the Party shall: 2 (1) promptly notify in writing the Requesting Party and the Non-Party 3 that some or all of the information requested is subject to a confidentiality agreement 4 with a Non-Party; 5 (2) promptly provide the Non-Party with a copy of the Stipulated 6 Protective Order in this Action, the relevant discovery request(s), and a reasonably 7 specific description of the information requested; and 8 (3) make the information requested available for inspection by the 9 Non-Party, if requested. 10 (c) If the Non-Party fails to seek a protective order from this court within 14 11 days of receiving the notice and accompanying information, the Receiving Party may 12 produce the Non-Party’s confidential information responsive to the discovery request. 13 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 14 any information in its possession or control that is subject to the confidentiality 15 agreement with the Non-Party before a determination by the court. Absent a court order 16 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 17 in this court of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this 21 Stipulation and Order, the Receiving Party must immediately: (a) notify in writing the 22 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 23 unauthorized copies of the Protected Material, (c) inform the person or persons to 24 whom unauthorized disclosures were made of all the terms of this Order, and (d) 25 request such person or persons execute the Acknowledgement and Agreement to Be 26 Bound” that is attached hereto as Exhibit A. 27 28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted to 12 the court. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 15 person to seek modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Protective Order. 21 12.3 Filing of Protected Material. A party that seeks to file under seal any 22 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 23 only be filed under seal pursuant to a court order authorizing the sealing of the specific 24 Protected Material at issue. If a Party’s request to file Protected Material under seal is 25 denied by the court, then the Receiving Party may file the information in the public 26 record unless otherwise instructed by the court. 27 13. FINAL DISPOSITION 28 After the final disposition of this Action, as defined in paragraph 4, within 60 1 days of a written request by the Designating Party, each Receiving Party must return 2 all Protected Material to the Producing Party or destroy such material. As used in this 3 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 4 summaries, and any other format reproducing or capturing any of the Protected 5 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 6 must submit a written certification to the Producing Party (and, if not the same person 7 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 8 category, where appropriate) all the Protected Material that was returned or destroyed 9 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 10 compilations, summaries or any other format reproducing or capturing any of the 11 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 12 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 13 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 14 attorney work product, and consultant and expert work product, even if such materials 15 contain Protected Material. Any such archival copies that contain or constitute 16 Protected Material remain subject to this Protective Order as set forth in Section 4 17 (DURATION). 18 Any violation of this Order may be punished by any and all appropriate measures 19 including, without limitation, contempt proceedings and/or monetary sanctions. 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 Dated: March 4, 2024 LAW OFFICES OF CHRISTIAN CONTRERAS 22 A PROFESSIONAL LAW CORPORATION 23 By: 24 CHRISTIAN CONTRERAS, ESQ.1 Attorneys for Plaintiff, 25 ADRIAN ALDACO 26 27 1 Pursuant to L.R. 5-4.3.4, I attest that that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the 28 1 Dated: March 4, 2024 LOS ANGELES CITY ATTORNEY'S OFFICE 2 3 By: 4 CHRISTIAN BOJORQUEZ, ESQ. Attorneys for Defendant > CITY OF LOS ANGELES 6 7 8 9 Dated: March 4, 2024 EVERETT DOREY LLP 10 By: CHRISTOPHER LEE, ESQ. 12 Attorneys for Defendants B RUDY CHAVEZ and GREGORY PAPIK 14 5 HAVING CONSIDERED THE STIPULATION OF THE PARTIES, AND 16 GOOD CAUSE APPEARING, IT IS SO ORDERED: 7 Ga h Keanna DATE: March 4, 2024 Hl. 18 The Hon. Alicia G. Rosenberg 19 Magistrate Judge 20 21 22 23 24 25 26 27 28 17 1 ATTACHMENT “A” 2 NONDISCLOSURE AGREEMENT 3 I, __________________________do solemnly swear that I am fully familiar with the terms of the Protective Order entered in the above-referenced matter, United 4 States District Court for the Central District of California, Central Division, Case No. 5 2:23-cv-03585-HDV-AGR, and hereby agree to comply with and be bound by the 6 terms and conditions of said Order. I hereby consent to the jurisdiction of the United 7 States District Court for the Central District of California for purposes of enforcing 8 this Order. 9 Dated: Signed: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28