Estate of Paul Rea v. County of Los Angeles ( 2020 )

1 ADERNNIOSLSDE OO .C GAASSILTLÉALSU,M E,S EQS.,Q S.B, SNB 1N5 8258129771 2 CASILLAS & ASSOCIATES 3777 Long Beach Blvd., Third Floor 3 Long Beach, CA 90807 4 Telephone: (562) 203-3030 Facsimile: (323) 725-0350 5 Email: acasillas@casillaslegal.com 6 dgastelum@casillaslegal.com 7 Attorneys for Plaintiffs, ESTATE OF PAUL REA, by and through successor in 8 interest, Leah Garcia; LEAH GARCIA, individually; JAYLENE REA, individually; TOMMY SANCHEZ, individually 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 12 13 ESTATE OF PAUL REA, by and ) CASE NO.: 2:20-cv-01691 JFW 14 through successor in interest, Leah ) (AFMx) [Assigned to the Hon. John F. Walter and Magistrate Judge Alexander F. Garcia; LEAH GARCIA, individually; ) 15 MacKinnon] JAYLENE REA, individually; ) 16 TOMMY SANCHEZ, individually; ) Discovery Document: Referred to ) 17 Magistrate Judge Alexander F. Plaintiffs, ) MacKinnon 18 ) 19 vs. ) [PROPOSED] ORDER RE ) STIPULATED PROTECTIVE ORDER 20 COUNTY OF LOS ANGELES; LOS ) 21 ANGELES COUNTY SHERIFF’S ) DEPARTMENT; ALEX ) 22 VILLANUEVA; HECTOR ) 23 SAAVEDRA-SOTO; ARGELIA ) HUERTA; DOE SANCHEZ (Badge ) 24 Number No. 9898); and DOES 1 to 10,) 25 Defendants. ) Complaint: February 21, 2020 ) 26 _______________________________ ) Trial: None Set 27 28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 blanket protections on all disclosures or responses to discovery and that the protection 8 it affords from public disclosure and use extends only to the limited information or 9 items that are entitled to confidential treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 Good cause exists for entry of this order. As Plaintiffs are seeking and 12 Defendants may produce, among other things, third party private and confidential 13 information; portions of the personnel files of the deputy personnel involved in the 14 subject incident, which contains confidential information, and information the County 15 of Los Angeles regards as official information; performance evaluations, work 16 schedules/logs and rosters, and training records for the involved deputy personnel; 17 administrative investigation files, including but not limited to Detective and Crime 18 Scene Investigator(s) materials, Internal Affairs materials which contain incident 19 reports, witness statements, and other sensitive materials which the County of Los 20 Angeles believes need special protection from public disclosure. 21 The documents identified in this Protective Order, which Defendants believe in 22 good faith constitute or embody confidential information which the County of Los 23 Angeles maintains as strictly confidential and are otherwise generally unavailable to 24 the public, or which may be privileged or otherwise protected from disclosure under 25 state or federal statutes, court rules, case decisions, or common law, are therefore 26 entitled to heightened protection from disclosure. Accordingly, to expedite the flow of 27 information, to facilitate the prompt resolution of disputes over confidentiality of 28 1 discovery materials, to adequately protect information the parties are entitled to keep 2 confidential, to ensure that the parties are permitted reasonable necessary uses of such 3 material in preparation for and in the conduct of trial, to address their handling at the 4 end of the litigation, and serve the ends of justice, a protective order for such 5 information is justified in this matter. It is the intent of the parties that information will 6 not be designated as confidential for tactical reasons and that nothing be so designated 7 without a good faith belief that it has been maintained in a confidential, non-public 8 manner, and there is good cause why it should not be part of the public record of this 9 case. 10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information under 14 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 15 standards that will be applied when a party seeks permission from the court to file 16 material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 21 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 22 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 23 cause showing), and a specific showing of good cause or compelling reasons with 24 proper evidentiary support and legal justification, must be made with respect to 25 Protected Material that a party seeks to file under seal. The parties’ mere designation 26 of Disclosure or Discovery Material as CONFIDENTIAL does not— without the 27 submission of competent evidence by declaration, establishing that the material sought 28 1 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 2 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 relief 5 sought shall be narrowly tailored to serve the specific interest to be protected. See 6 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 7 or type of information, document, or thing sought to be filed or introduced under seal 8 in connection with a dispositive motion or trial, the party seeking protection must 9 articulate compelling reasons, supported by specific facts and legal justification, for the 10 requested sealing order. Again, competent evidence supporting the application to file 11 documents under seal must be provided by declaration. 12 Any document that is not confidential, privileged, or otherwise protectable in its 13 entirety will not be filed under seal if the confidential portions can be redacted. If 14 documents can be redacted, then a redacted version for public viewing, omitting only 15 the confidential, privileged, or otherwise protectable portions of the document, shall be 16 filed. Any application that seeks to file documents under seal in their entirety should 17 include an explanation of why redaction is not feasible. 18 2. DEFINITIONS 19 2.1 Action: This pending federal law suit. 20 2.2 Challenging Party: a Party or Non-Party that challenges the designation 21 of information or items under this Order. 22 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 23 it is generated, stored or maintained) or tangible things that qualify for protection under 24 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 25 Statement. 26 2.4 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or 27 Items: information (regardless of how it is generated, stored or maintained) or 28 1 tangible things belonging to a Designating Party that the Designating Party believes 2 in good faith could create a risk of harm to the Designating Party that cannot be 3 avoided by less restrictive means if disclosed to or seen by another Party or non- 4 Party. 5 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 6 support staff). 7 2.6 Designating Party: a Party or Non-Party that designates information or 8 items that it produces in disclosures or in responses to discovery as 9 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 10 2.7 Disclosure or Discovery Material: all items or information, regardless of 11 the medium or manner in which it is generated, stored, or maintained (including, among 12 other things, testimony, transcripts, and tangible things), that are produced or generated 13 in disclosures or responses to discovery in this matter. 14 2.8 Expert: a person with specialized knowledge or experience in a matter 15 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 16 expert witness or as a consultant in this Action. 17 2.9 House Counsel: attorneys who are employees of a party to this Action. 18 House Counsel does not include Outside Counsel of Record or any other outside 19 counsel. 20 2.10 Non-Party: any natural person, partnership, corporation, association, or 21 other legal entity not named as a Party to this action. 22 2.11 Outside Counsel of Record: attorneys who are not employees of a party to 23 this Action but are retained to represent or advise a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm which 25 has appeared on behalf of that party, and includes support staff. 26 27 28 1 2.12 Party: any party to this Action, including all of its officers, directors, 2 boards, departments, divisions, employees, consultants, retained experts, and Outside 3 Counsel of Record (and their support staffs). 4 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 6 2.14 Professional Vendors: persons or entities that provide litigation support 7 services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 9 their employees and subcontractors. 10 2.15 Protected Material: any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 12 ONLY.” 13 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material 14 from a Producing Party. 15 3. SCOPE 16 The protections conferred by this Stipulation and Order cover not only Protected 17 Material (as defined above), but also (1) any information copied or extracted from 18 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 19 Material; and (3) any testimony, conversations, or presentations by Parties or their 20 Counsel that might reveal Protected Material. 21 Any use of Protected Material at trial shall be governed by the orders of the trial 22 judge. This Order does not govern the use of Protected Material at trial. 23 4. DURATION 24 Once a caseproceeds to trial, information that was designated as 25 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 26 as an exhibit at trial becomes public and will be presumptively available to all members 27 of the public, including the press, unless compelling reasons supported by specific 28 1 factual findings to proceed otherwise are made to the trial judge in advance of the trial. 2 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 3 documents produced in discovery from “compelling reasons” standard when merits- 4 related documents are part of court record). Accordingly, the terms of this protective 5 order do not extend beyond the commencement of the trial. 6 Even after final disposition of this litigation, the confidentiality obligations 7 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 8 in writing or a court order otherwise directs. Final disposition shall be deemed to be 9 the later of (1) dismissal of all claims and defenses in this Action, with or without 10 prejudice; and (2) final judgment herein after the completion and exhaustion of all 11 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 12 for filing any motions or applications for extension of time pursuant to applicable law. 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 this 16 Order must take care to limit any such designation to specific material that qualifies 17 under the appropriate standards. The Designating Party must designate for protection 18 only those parts of material, documents, items, or oral or written communications that 19 qualify so that other portions of the material, documents, items, or communications for 20 which protection is not warranted are not swept unjustifiably within the ambit of this 21 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 purpose 24 (e.g., to unnecessarily encumber the case development process or to impose 25 unnecessary expenses and burdens on other parties) may expose the Designating Party 26 to sanctions. 27 If it comes to a Designating Party’s attention that information or items that it 28 1 designated for protection do not qualify for protection, that Designating Party must 2 promptly notify all other Parties that it is withdrawing the inapplicable designation. 3 5.2 Manner and Timing of Designations. Except as otherwise provided in 4 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 5 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 6 under this Order must be clearly so designated before the material is disclosed or 7 produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, 10 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 11 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 12 “CONFIDENTIAL legend”) or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 13 (hereinafter “AEO legend”), to each page that contains protected material. The legend 14 must not obstruct a Party’s ability to view the contents of that document. If only a 15 portion or portions of the material on a page qualifies for protection, the Producing 16 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 17 markings in the margins). 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and before 21 the designation, all of the material made available for inspection shall be deemed 22 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” After the inspecting Party has 23 identified the documents it wants copied and produced, the Producing Party must 24 determine which documents, or portions thereof, qualify for protection under this 25 Order. Then, before producing the specified documents, the Producing Party must affix 26 the “CONFIDENTIAL legend” or the “AEO legend” to each page that contains 27 Protected Material. If only a portion or portions of the material on a page qualifies for 28 1 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 2 by making appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party identify the 4 Disclosure or Discovery Material on the record, before the close of the deposition all 5 protected testimony. 6 (c) for information produced in some form other than documentary and for 7 any other tangible items, that, at a minimum, the Producing Party affix in a prominent 8 place on the exterior of the container or containers in which the information is stored 9 the “CONFIDENTIAL legend” or the “AEO legend.” If only a portion or portions of 10 the information warrants protection, the Producing Party, to the extent practicable, shall 11 identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive the 14 Designating Party’s right to secure protection under this Order for such material. Upon 15 timely correction of a designation, the Receiving Party must make reasonable efforts 16 to assure that the material is treated in accordance with the provisions of this Order. 17 5.4 Privilege Logs. If a party withholds information that is responsive to a 18 discovery request by claiming that it is privileged or otherwise protected from 19 discovery, that party shall promptly prepare and provide a privilege log that is 20 sufficiently detailed and informative for the opposing party to assess whether a 21 document’s designation as privileged is justified. See Fed.R.Civ.P. 26(b)(5). The 22 privilege log shall set forth the privilege relied upon and specify separately for each 23 document or for each category of similarly situated documents: 24 (a) the title and description of the document, including number of pages 25 or Bates- number range; 26 (b) the subject matter addressed in the document; 27 (c) the identity and position of its author(s); 28 1 (d) the identity and position of all addressees and recipients; 2 (e) the date the document was prepared and, if different, the date(s) on 3 which it was sent to or shared with persons other than its author(s); and 4 (f) the specific basis for the claim that the document is privileged and 5 protected. 6 Communications involving counsel that post-date the filing of the complaint 7 need not be placed on a privilege log. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s Scheduling 11 Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37.1 et seq. 14 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 15 stipulation pursuant to Local Rule 37-2. 16 6.3 The burden of persuasion in any such challenge proceeding shall be on the 17 Designating Party. Frivolous challenges, and those made for an improperpurpose 18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) 19 may expose the Challenging Party to sanctions. Unless the Designating Party has 20 waived or withdrawn the confidentiality designation, all parties shall continue to 21 afford the material in question the level of protection to which it is entitled under 22 the Producing Party’s designation until the Court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 28 1 conditions described in this Order. When the Action has been terminated, a Receiving 2 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 9 only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 11 employees of said Outside Counsel of Record to whom it is reasonably necessary to 12 disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of the 14 Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 21 to whom disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 26 to whom disclosure is reasonably necessary provided: (1) the deposing party requests 27 that the witness sign the form attached as Exhibit 1 hereto “Acknowledgment and 28 1 Agreement to Be Bound” form attached as Exhibit A hereto; and (2) they will not be 2 permitted to keep any confidential information unless they sign the “Acknowledgment 3 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 4 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 5 depositions that reveal Protected Material may be separately bound by the court 6 reporter and may not be disclosed to anyone except as permitted under this Stipulated 7 Protective Order; and 8 (i) any mediator or settlement officer, and their supporting personnel, mutually 9 agreed upon by any of the parties engaged in settlement discussions. 10 7.3 Disclosure of “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 11 Information or Items. Unless otherwise ordered by the court or permitted in writing 12 by the Designating Party, a Receiving Party may disclose any information or item 13 designated “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 15 employees of said Outside Counsel of Record to whom it is reasonably necessary to 16 disclose the information for this Action; 17 (b) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) the court and its personnel; 21 (d) court reporters and their staff; 22 (e) professional jury or trial consultants, mock jurors, and Professional Vendors 23 to whom disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (f) the author or recipient of a document containing the information or a 26 custodian or other person who otherwise possessed or knew the information; 27 (g) during their depositions, witnesses ,and attorneys for witnesses, in the 28 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 1 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 2 not be permitted to keep any confidential information unless they sign the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 4 agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material may be 6 separately bound by the court reporter and may not be disclosed to anyone except as 7 permitted under this Stipulated Protective Order; and 8 (h) any mediator or settlement officer, and their supporting personnel, mutually 9 agreed upon by any of the parties engaged in settlement discussions. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 11 OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation that 13 compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification shall 16 include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to 18 issue in the other litigation that some or all of the material covered by the subpoena or 19 order is subject to this Protective Order. Such notification shall include a copy of this 20 Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued 22 by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this action 25 as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” before 26 a determination by the court from which the subpoena or order issued, unless the Party 27 has obtained the Designating Party’s permission. The Designating Party shall bear the 28 1 burden and expense of seeking protection in that court of its confidential material and 2 nothing in these provisions should be construed as authorizing or encouraging a 3 Receiving Party in this Action to disobey a lawful directive from another court. 4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 5 IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a Non- 7 Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL— 8 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 9 connection with this litigation is protected by the remedies and relief provided by this 10 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 11 seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 15 information, then the Party shall: 16 (1) promptly notify in writing the Requesting Party and the Non-Party 17 that some or all of the information requested is subject to a confidentiality agreement 18 with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the Stipulated 20 Protective Order in this Action, the relevant discovery request(s), and a reasonably 21 specific description of the information requested; and 22 (3) make the information requested available for inspection by the 23 Non-Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this court within 14 25 days of receiving the notice and accompanying information, the Receiving Party may 26 produce the Non-Party’s confidential information responsive to the discovery request. 27 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 28 1 any information in its possession or control that is subject to the confidentiality 2 agreement with the Non-Party before a determination by the court. Absent a court order 3 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 4 in this court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 9 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 10 all unauthorized copies of the Protected Material, (c) inform the person or persons to 11 whom unauthorized disclosures were made of all the terms of this Order, and (d) 12 request such person or persons to execute the “Acknowledgment and Agreement to Be 13 Bound” that is attached hereto as Exhibit A. 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL. 16 When a Producing Party gives notice to Receiving Parties that certain inadvertently 17 produced material is subject to a claim of privilege or other protection, the obligations 18 of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 19 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 20 established in an e-discovery order that provides for production without prior privilege 21 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties 22 reach an agreement on the effect of disclosure of a communication or information 23 covered by the attorney-client privilege or work product protection, the parties may 24 incorporate their agreement in the stipulated protective order submitted to the court. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. 28 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 8 only be filed under seal pursuant to a court order authorizing the sealing of the specific 9 Protected Material at issue. If a Party's request to file Protected Material under seal is 10 denied by the court, then the Receiving Party may file the information in the public 11 record unless otherwise instructed by the court. 12 13. FINAL DISPOSITION. 13 After the final disposition of this Action (as defined in paragraph 4), within 60 14 days of a written request by the Designating Party, or another period of time agreed 15 upon by the parties, each Receiving Party must return all Protected Material to the 16 Producing Party or destroy such material. As used in this subdivision, “all Protected 17 Material” includes all copies, abstracts, compilations, summaries, and any other format 18 reproducing or capturing any of the Protected Material. Whether the Protected Material 19 is returned or destroyed, the Receiving Party must submit a written certification to the 20 Producing Party (and, if not the same person or entity, to the Designating Party) by the 21 60 day or agreed upon deadline that (1) identifies (by category, where appropriate) all 22 the Protected Material that was returned or destroyed and (2)affirms that the Receiving 23 Party has not retained any copies, abstracts, compilations, summaries or any other 24 format reproducing or capturing any of the Protected Material. Notwithstanding this 25 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 26 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 27 deposition and trial exhibits, expert reports, attorney work product, and consultant and 28 1 expert work product, even if such materials contain Protected Material. Any such 2 archival copies that contain or constitute Protected Material remain subject to this 3 Protective Order as set forth in Section 4 (DURATION). 4 14. VIOLATION 5 Any violation of this Order may be punished by any and all appropriate measures 6 including, without limitation, contempt proceedings and/or monetary sanctions. 7 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 10 11 December 15, 2020 CASILLAS & ASSOCIATES 12 13 By: /s/ Arnoldo Casillas ARNOLDO CASILLAS 14 DENISSE O. GASTÉLUM 15 Attorneys for Plaintiffs, ESTATE OF PAUL REA, by and through 16 successor in interest, Leah Garcia; LEAH 17 GARCIA, individually, JAYLENE REA, individually; TOMMY SANCHEZ, 18 individually 19 20 December 15, 2020 MILLER BARONDESS, LLP 21 By: /s/ Emily a. Sanchirico 22 LOUIS R. MILLER 23 MIRA HASHMALL SEAN G. McKISSICK 24 EMILY A. SANCHIRICO 25 Attorneys for Defendant, COUNTY OF LOS ANGELES 26 27 28 , || December 15, 2020 EWELL, BROWN, BLANKE & KNIGHT LLP 2 3 By: 4s/Gary Ewell GARY EWELL 4 Attorneys for Defendants, 5 HECTOR SAAVEDRA-SOTO, ARGELIA HUERTA, and DOE SANCHEZ 6 7 {FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 8 * 9 Dated: 12/15/2020 (dy □□□ f<&— 10 Hon. Alexander F. MacKinnon ll U.S. Magistrate Judge Central District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 2 3 4 5 6 7 8 EXHIBIT A 9 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 10 I, _____________________________ [print or type full name], of 11 _________________ [print or type full address], declare under penalty of perjury that I have 12 read in its entirety and understand the Stipulated Protective Order that was issued by the 13 United States District Court for the Central District of California on ___________ in the 14 case of Estate of Paul Rea, et al. v. County of Los Angeles, et al., Case No. 2:20-cv-01691 15 JFW (AFMx). I agree to comply with and to be bound by all the terms of this Stipulated 16 Protective Order and I understand and acknowledge that failure to so comply could expose 17 me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not 18 disclose in any manner any information or item that is subject to this Stipulated Protective 19 Order to any person or entity except in strict compliance with the provisions of this Order. 20 I further agree to submit to the jurisdiction of the United States District Court for the 21 Central District of California for the purpose of enforcing the terms of this Stipulated 22 Protective Order, even if such enforcement proceedings occur after termination of this 23 action. 24 I hereby appoint __________________________ [print or type full name] of 25 _______________________________________ [print or type full address and telephone 26 number] as my California agent for service of process in connection with this action or any 27 proceedings related to enforcement of this Stipulated Protective Order. 28 Date: ______________________________________ 1 City and State where sworn and signed: _________________________________ 2 3 Printed name: _______________________________ 4 5 Signature: __________________________________ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28