Jane S. Orcutt v. City of Los Angeles ( 2024 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 JANE S. ORCUTT, 12 Case No. 2:24-cv-04701-RGK-SSC 13 Plaintiff(s), [PROPOSED] STIPULATED PROTECTIVE ORDER1 14 v. 15 CITY OF LOS ANGELES; 16 MICHAEL C. TARANGO, 17 individually and in his capacity as an officer of the CITY OF LOS 18 ANGELES Police Department; LUKE 19 A. EDNEY, individually and in his capacity as an officer of the CITY OF 20 LOS ANGELES Police Department; 21 ROM KENMORE LLC; R.O.M. INVESTMENTS, INC. and DOES 1 22 to 10, 23 24 Defendant(s). 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective 1 1. INTRODUCTION 2 1.1 Purposes and Limitations. Discovery in this action is likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than prosecuting 5 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petition the court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords from public disclosure and use 9 extends only to the limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. 11 1.2 Good Cause Statement. 12 This action involves the City of Los Angeles (“CITY) and individual sworn 13 police officers of the Los Angeles Police Department (“LAPD”) on one side; as well 14 Defendants ROM Kenmore LLC and R.O.M. Investment Inc.(collectively “ROM”); 15 and on the other, Plaintiff Jane Orcutt who claims damages from the City, LAPD 16 Officers and ROM. 17 As such, Plaintiff seeks materials and information that the City maintains as 18 confidential, such as personnel files of the police officers involved in the incident, 19 video recordings (including Body-Worn Video recordings and Digital In-Car Video 20 recordings), audio recordings, and other administrative materials and information 21 currently in the possession of the City and which the City believes needs special 22 protection from public disclosure and from use for any purpose other than prosecuting 23 this litigation. Plaintiff may also seek official information contained in the personnel 24 files of the Police Officers involved in the subject incident, which the City maintains 25 as strictly confidential and which the City believes needs special protection from 26 public disclosure and from use for any purpose other than prosecuting this litigation. 27 The City and ROM asserts that the confidentiality of materials and information 1 alia, California Penal Code section 832.7 and Kerr v. United States District Ct. for 2 N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff’d, 426 U.S. 394 (1976). The City has 3 not publicly released the materials and information referenced above except under 4 protective order or pursuant to a court order, if at all. These materials and information 5 are of the type that has been used to initiate disciplinary action against LAPD officers 6 and has been used as evidence in disciplinary proceedings, where officers’ conduct 7 was considered to be contrary to LAPD policy. 8 The City contends that absent a protective order delineating the responsibilities 9 of nondisclosure on the part of the parties hereto, there is a specific risk of 10 unnecessary and undue disclosure by one or more of the many attorneys, secretaries, 11 law clerks, paralegals, and expert witnesses involved in the case, as well as the 12 corollary risk of embarrassment, harassment and professional and legal harm on the 13 part of the LAPD officers referenced in the materials and information. 14 Defendants seek discovery of various information relating to Plaintiff’s 15 damages claims, including employment information, housing information, financial 16 information, and confidential medical records that may be personal, private, and 17 potentially embarrassing if unnecessarily disseminated; thus, Plaintiff contends such 18 information not be disseminated beyond this litigation. 19 ROM also has documents and information that is proprietary and sensitive 20 which it needs to keep confidential. 21 Accordingly, to expedite the flow of information, to facilitate the prompt 22 resolute of disputes over the confidentiality of discovery materials, to adequately 23 protect information the parties are entitled to keep confidential, to ensure that the 24 parties are permitted reasonably necessary uses of such material in preparation for and 25 in the conduct of trial, to address their handling at the end of litigation, and serve the 26 ends of justice, a protective order is necessary, Such information will not be 27 designated as confidential for tactical reasons and nothing will be designated without a 1 there is good cause why it should not be part of the public record in this case. 2 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties further 3 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order 4 does not entitle them to file confidential information under seal; Local Rule 79-5 sets 5 forth the procedures that must be followed and the standards that will be applied when 6 a party seeks permission from the court to file material under seal. 7 There is a strong presumption that the public has a right of access to judicial 8 proceedings and records in civil cases. In connection with non-dispositive motions, 9 good cause must be shown to support a filing under seal. See Kamakana v. City and 10 Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd 11 v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. 12 Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 13 orders require good cause showing), and a specific showing of good cause or 14 compelling reasons with proper evidentiary support and legal justification, must be 15 made with respect to Protected Material that a party seeks to file under seal. The 16 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 17 does not—without the submission of competent evidence by declaration, establishing 18 that the material sought to be filed under seal qualifies as confidential, privileged, or 19 otherwise protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the relief 22 sought shall be narrowly tailored to serve the specific interest to be protected. See 23 Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item 24 or type of information, document, or thing sought to be filed or introduced under seal 25 in connection with a dispositive motion or trial, the party seeking protection must 26 articulate compelling reasons, supported by specific facts and legal justification, for 27 the requested sealing order. Again, competent evidence supporting the application to 1 Any document that is not confidential, privileged, or otherwise protectable in its 2 entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document, shall 5 be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7 8 2. DEFINITIONS 9 2.1 Action: Jane S. Orcutt v. City of Los Angeles et. al. Case No. 2:24-cv- 10 4701-RGK-SSC. 11 2.2 Challenging Party: a Party or Non-Party that challenges the designation 12 of information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for protection 15 under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified above in 16 the Good Cause Statement. 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 18 support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL.” 22 2.6 Disclosure or Discovery Material: all items or information, regardless of 23 the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 2.7 Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 1 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses in 2 this Action, with or without prejudice; and (2) final judgment herein after the 3 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 4 this Action, including the time limits for filing any motions or applications for 5 extension of time pursuant to applicable law. 6 2.9 In-House Counsel: attorneys who are employees of a party to this Action. 7 In-House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.10 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 2.11 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm which 14 has appeared on behalf of that party, and includes support staff. 15 2.12 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.14 Professional Vendors: persons or entities that provide litigation- support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.15 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the trial 8 judge. This Stipulated Protective Order does not govern the use of Protected Material 9 at trial. 10 11 4. TRIAL AND DURATION 12 The terms of this Stipulated Protective Order apply through Final Disposition of 13 the Action. 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and used 16 or introduced as an exhibit at trial becomes public and will be presumptively available 17 to all members of the public, including the press, unless compelling reasons supported 18 by specific factual findings to proceed otherwise are made to the trial judge in advance 19 of the trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause” 20 showing for sealing documents produced in discovery from “compelling reasons” 21 standard when merits-related documents are part of court record). Accordingly, for 22 such materials, the terms of this Stipulated Protective Order do not extend beyond the 23 commencement of the trial. 24 Even after Final Disposition of this litigation, the confidentiality obligations 25 imposed by this Stipulated Protective Order shall remain in effect until a Designating 26 Party agrees otherwise in writing or a court order otherwise directs. 27 / / / 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under this 4 Order must take care to limit any such designation to specific material that qualifies 5 under the appropriate standards. The Designating Party must designate for protection 6 only those parts of material, documents, items, or oral or written communications that 7 qualify so that other portions of the material, documents, items, or communications 8 for which protection is not warranted are not swept unjustifiably within the ambit of 9 this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating Party 14 to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) below), 20 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 21 for protection under this Stipulated Protective Order must be clearly so designated 22 before the material is disclosed or produced. 23 Designation in conformity with this Stipulated Protective Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” to each page that contains protected material. If only a portion or 1 must clearly identify the protected portion(s) (e.g., by making appropriate markings in 2 the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed CONFIDENTIAL. After the inspecting Party has identified the documents it 8 wants copied and produced, the Producing Party must determine which documents, or 9 portions thereof, qualify for protection under this Stipulated Protective Order. Then, 10 before producing the specified documents, the Producing Party must affix the 11 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 12 portion or portions of the material on a page qualifies for protection, the Producing 13 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 14 markings in the margins). 15 (b) for testimony given in depositions that the Designating Party 16 identify the Disclosure or Discovery Material on the record, before the close of the 17 deposition all protected testimony. 18 (c) for information produced in some form other than documentary 19 and for any other tangible items, that the Producing Party affix in a prominent place on 20 the exterior of the container or containers in which the information is stored the 21 “CONFIDENTIAL” legend. If only a portion or portions of the information warrants 22 protection, the Producing Party, to the extent practicable, shall identify the protected 23 portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive the 26 Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 1 Stipulated Protective Order. 2 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the court’s Scheduling 6 Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge 9 Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”2 10 6.3 The burden of persuasion in any such challenge proceeding shall be on 11 the Designating Party. Frivolous challenges, and those made for an improper purpose 12 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 13 expose the Challenging Party to sanctions. Unless the Designating Party has waived 14 or withdrawn the confidentiality designation, all parties shall continue to afford the 15 material in question the level of protection to which it is entitled under the Producing 16 Party’s designation until the court rules on the challenge. 17 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this 21 Action only for prosecuting, defending, or attempting to settle this Action. Such 22 Protected Material may be disclosed only to the categories of persons and under the 23 conditions described in this Order. When the Action reaches a Final Disposition, a 24 Receiving Party must comply with the provisions of section 13 below. 25 26 27 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Stipulated Protective Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 otherwise ordered by the court or permitted in writing by the Designating Party, a 6 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 7 only: 8 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as 9 well as employees of said Outside Counsel of Record to whom it is reasonably 10 necessary to disclose the information for this Action; 11 (b) to the officers, directors, and employees (including House Counsel) of 12 the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) to Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) to the court and its personnel; 17 (e) to court reporters and their staff; 18 (f) to professional jury or trial consultants, mock jurors, and Professional 19 Vendors to whom disclosure is reasonably necessary for this Action and who have 20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) to the author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, to witnesses, and attorneys for witnesses, in the 24 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party 25 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 26 (Exhibit A); and (2) the witness will not be permitted to keep any confidential 27 information unless they sign the “Acknowledgment and Agreement to Be Bound” 1 Pages of transcribed deposition testimony or exhibits to depositions that reveal 2 Protected Material may be separately bound by the court reporter and may not be 3 disclosed to anyone except as permitted under this Stipulated Protective Order; and 4 (i) to any mediator or settlement officer, and their supporting 5 personnel, mutually agreed upon by any of the parties engaged in settlement 6 discussions. 7 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification shall 14 include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order to 16 issue in the other litigation that some or all of the material covered by the subpoena or 17 order is subject to this Protective Order. Such notification shall include a copy of this 18 Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued 20 by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with 22 the subpoena or court order shall not produce any information designated in this 23 action as “CONFIDENTIAL” before a determination by the court from which the 24 subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking 26 protection in that court of its confidential material and nothing in these provisions 27 should be construed as authorizing or encouraging a Receiving Party in this Action to 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 9.1 Application. The terms of this Stipulated Protective Order are applicable 4 to information produced by a Non-Party in this Action and designated as 5 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with 6 this litigation is protected by the remedies and relief provided by this Order. Nothing 7 in these provisions should be construed as prohibiting a Non-Party from seeking 8 additional protections. 9 9.2 Notification. In the event that a Party is required, by a valid discovery 10 request, to produce a Non-Party’s confidential information in its possession, and the 11 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 (a) promptly notify in writing the Requesting Party and the Non-Party that 14 some or all of the information requested is subject to a confidentiality agreement with 15 a Non-Party; 16 (b) make the information requested available for inspection by the Non- 17 Party, if requested. 18 9.3 Conditions of Production. If the Non-Party fails to seek a protective 19 order from this court within 14 days of receiving the notice and accompanying 20 information, the Receiving Party may produce the Non-Party’s confidential 21 information responsive to the discovery request. If the Non-Party timely seeks a 22 protective order, the Receiving Party shall not produce any information in its 23 possession or control that is subject to the confidentiality agreement with the Non- 24 Party before a determination by the court. Absent a court order to the contrary, the 25 Non-Party shall bear the burden and expense of seeking protection in this court of its 26 Protected Material. 27 / / / 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” (Exhibit A). 10 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, 15 the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B) of the 16 Federal Rules of Civil Procedure. This provision is not intended to modify whatever 17 procedure may be established in an e-discovery order that provides for production 18 without prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal Rules 19 of Evidence, insofar as the parties reach an agreement on the effect of disclosure of a 20 communication or information covered by the attorney-client privilege or work 21 product protection, the parties may incorporate their agreement in the stipulated 22 protective order submitted to the court. 23 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 26 abridges the right of any person to seek its modification by the court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 1 object to disclosing or producing any information or item on any ground not addressed 2 in this Stipulated Protective Order. Similarly, no Party waives any right to object on 3 any ground to use in evidence of any of the material covered by this Stipulated 4 Protective Order. 5 12.3 Filing Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Local Rule 79-5. Protected Material may only 7 be filed under seal pursuant to a court order authorizing the sealing of the specific 8 Protected Material at issue. If a Party's request to file Protected Material under seal is 9 denied by the court, then the Receiving Party may file the information in the public 10 record unless otherwise instructed by the court. 11 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, each Receiving Party must return 15 all Protected Material to the Producing Party or destroy such material. As used in this 16 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected 18 Material. Whether the Protected Material is returned or destroyed, the Receiving 19 Party must submit a written certification to the Producing Party (and, if not the same 20 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 21 (by category, where appropriate) all the Protected Material that was returned or 22 destroyed and (2) affirms that the Receiving Party has not retained any copies, 23 abstracts, compilations, summaries or any other format reproducing or capturing any 24 of the Protected Material. Notwithstanding this provision, Counsel is entitled to retain 25 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 26 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 27 reports, attorney work product, and consultant and expert work product, even if such l constitute Protected Material remain subject to this Protective Order as set forth in 2 Section 4. 3 4 14. VIOLATION 5 Any violation of this Stipulated Protective Order may be punished by any and 6 all appropriate measures including, without limitation, contempt proceedings and/or 7 monetary sanctions. 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 Dated: October 7, 2024 Law Offices of Seth Wiener 10 By: /s/ Seth Wiener 1 Seth Wiener, Esq. 12 Attorneys for Plaintiff Jane S. Orcutt 13 Dated: October 7, 2024 Van De Poel, Levy, Thomas LLP 14 By: /s/ Nicolet E. Corliss 15 Nicolet E. Corliss, Esq. Attorneys for Defendant, R.O.M. Investments, | 16 Dated: October 8, 2024 Sherman Law Group 17 By: /s/ Richard Lloyd Sherman 18 Richard Lloyd Sherman, Esq. 19 Attorneys for Defendant, ROM Kenmore, LLC 20 Dated: October 8, 2024 HYDEE FELDSTEIN SOTO, City Attorney 21 By: Pereny B. Warren 9 EREMY B. WARREN Deputy City Attorney 3 Attorneys for Defendants CITY OF LOS ANGELES, MICHAEL C. TARANGO and OFFICER LUKE A. EDNE’ 24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 26 || Dated: October 9, 2024 LE ~ 07 STEPHANIE S. CHRISTENSEN United States Magistrate Judge 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, ________________________ [full name], of ____________________ 5 _______________________________________ [print or type full address], 6 declare under penalty of perjury that I have read in its entirety and understand the 7 Stipulated Protective Order that was issued by the United States District Court for 8 the Central District of California on [date] in the case of Jane S. 9 Orcutt v. City of Los Angeles, et al., 2:24-cv-04701-RGK-SSC. I agree to comply 10 with and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I will 13 not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance with 15 the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. I hereby appoint ________________________ [print 20 or type full name] of ______________________________________________ 21 [print or type full address and telephone number] as my California agent for 22 service of process in connection with this action or any proceedings related to 23 enforcement of this Stipulated Protective Order. 24 Date: 25 City and State where sworn and signed: 26 Printed name: 27