Angel Jose Velasco v. City of El Monte ( 2019 )

Cas@\2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page1of22 Page ID #:182 1 || Robert N. Tafoya, Esq. (SBN 194444) An Thien Tran, Esq, (SBN 326143) 2 || TAFOYA LAW GROUP, APC 3 || 316w. 2™ Street, Suite 1000 Los Angeles, California 90012 - pep AS Mod 4 || Telephone: (213) 617-0600 ITS SO ORDERED. py court. Facsimile: (213) 617-2226 DATED: Iz 5 2019 5 || Robert.Tafoya@tafoyagarcia.com as □□ Andy@tafoyagarcia.com Ny aa . | Feunboge _ Attorneys for Defendants, 3S MACISTRATE JONGE 7 || CITY OF BALDWIN PARK; ee 8 OFFICER ERNEST BARRIOS CHANSES MADE oY THE COURT 9 10 IN THE UNITED STATES DISTRICT COURT 1 FOR THE CENTRAL DISTRICT OF CALIFORNIA aA CASE NO:: 13. || ANGEL JOSE VELASCO, 2:19-ev-07956-GW (AGRx) 14 Plaintiff, BEFORE THE HONORABLE JUDGE GEORGE WU 15 v. MAGISTRATE JUDGE ALICIA G, 16 CITY OF EL MONTE, CITY OF ROSENBERG + BALDWIN PARK; CORPORAL DANNY TATE; OFFICER ERNEST ATE; JOINT STIPULATION AND a and DOES 1 to 10, [PROPOSED] ORDER TO PROTECT naan CONFIDENTIAL INFORMATION Defendants. [Filed Concurrently with [Proposed] Order to 20 Protect Confidential Information] 21 ||} 1, A. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve the production of confidential, proprietary or 23 || private information for which special protection from public disclosure and from use for any 24 |! purpose other than prosecuting this litigation may be warranted. Accordingly, PLAINTIFF 25 || ANGEL VELASCO and DEFENDANTS CITY OF BALDWIN PARK and OFFICER ERNEST 26 || BARRIOS hereby stipulate to and petition the Court to enter the following Stipulated Protective 27 || Order. The parties acknowledge that this Order does not confer blanket protections on all 28 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case|2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 2 of 22 Page ID #:183 | || disclosures or responses to discovery and that the protection it affords from public disclosure and 2 || use extends only to the limited information or items that are entitled to confidential treatment 3 || under the applicable legal principles. B. GOOD CAUSE STATEMENT 5 This action is likely to involve confidential and sensitive information for which special _ 6 protection from public disclosure and from use for any purpose other than the prosecution of this 7 || action is warranted. Such confidential materials and information may consist of, among other 8 || things: private and personal life details (e.g., telephone numbers, home addresses, the names of 9 || family members and other personal information); private business or financial information; 10 \\ information regarding confidential law enforcement practices, investigations, or prosecutions; 1 |) other confidential research, development, or information (including information implicating 12 || privacy rights of third parties); information otherwise generally unavailable to the public; and 13 |) information which may be privileged or otherwise protected from disclosure under state or federal 14 statutes, court rules, case decisions, or common law. 15 With that said, the use of the information ordered to be disclosed from DEFENDANT 16 || OFFICER ERNEST BARRIOS’ personnel file with the Baldwin Park Police Department is 17. || limited to PLAINTIFF’s attommey(s) of record in this case. It is also limited to experts employeda 18 by said attormey(s). PLAINTIFF’s attorney(s) and experts shall not divulge it, either in writing or 19 orally, to anyone not having a need for or access to (including the media) the disclosed material 20 || for any purpose whatsoever, including preparing this matter for trial or for appeal. 21 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 22 || disputes over confidentiality of discovery materials, to adequately protect information that the 23 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable and 24 || necessary uses of such material in preparation for and in the conduct of trial, to address their 25 || handling at the end of the litigation, and serve the ends of justice, a protective order limiting the 26 |! use of such information is justified in this matter. 27 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS. ' Case|2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 3of22 Page ID #:184 Sitti oe reese □□□ ee tee : oot cee ip. 1 c. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 2 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 3 Protective Order does not entitle them to file confidential information under seal; Local Civil Rule 4 || 79-5 sets forth the procedures that must be followed and the standards that will be applied when a 5 || party seeks permission from the court to file material under seal. There is a strong presumption 6 || that the public has a right of access to judicial proceedings and records in civil cases, In 7 |} connection with non-dispositive motions, good cause must be shown to support a filing under seal. 8 || See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips y. 9 Gen. Motors Corp,, 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v, Sony Electrics, 10 | Inc, 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause 11 || showing), and a specific showing of good cause or compelling reasons with proper evidentiary 12 support and legal justification, must be made with respect to Protected Material that a party seeks 13 || to file under seal. The parties’ mere designation of Disclosure or Discovery Material as 14 || CONFIDENTIAL does not— without the submission of competent evidence by declaration, 15 || establishing that the material sought to be filed under seal qualifies as confidential, privileged, or 16 || otherwise protectable—constitute good cause. Further, if a party requests sealing related to a 17 dispositive motion or trial, then compelling reasons, not only good cause, for the sealing must be 18 || shown, and the relief sought shall be narrowly tailored to serve the specific interest to be □ 19 protected. See Pintos vy. Pacifie Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 20 || item or type of information, document, or thing sought to be filed or introduced under seal in 21 |) connection witha dispositive motion or trial, the party seeking protection must articulate 22 || compelling reasons, supported by specific facts and legal justification, for the requested sealing orderi"A paint; competent evidence supporting the application to file documents under’seal □□□□□□□□□□ 24 provided by declaration. Any document that is not confidential, privileged, or otherwise 25 protectable in its entirety will not be filed under seal if the confidential portions can be redacted. 26 |! Ifdocuments can be redacted, then a redacted version for public viewing, omitting only the 27 || confidential, privileged, or otherwise protectable portions of the document, shall be filed. Any —— □□ pUCATED PROTECTIVE ORDER BETWEEN PLAINTIBF AND DEFENDANTS CITY □□ BALDWIN PARK AND OFFICER ERNEST BARRIOS Case|P:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 4of22 Page /ID #:185 | || application that seeks to file documents under seal in their entirety should include an explanation 2 || of why redaction is not feasible. 3 || 2, DEFINITIONS 4 2.1 Action: ANGEL JOSE VELASCO, Plaintiff, v. CITY OF EL MONTE, CITY OF 5 || BALDWIN PARK; CORPORAL DANNY TATE; OFFICER ERNEST BARRIOS; and DOES 1 6 || to 10, Inclusive, Defendants; Case No, 2:19-cv-07956-GW (AGRx), 7 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 8 || information or items under this Order. 9 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 10 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 11 |} of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 12 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support 13 staff). 14 2.5 Designating Party: a Party or Non-Party that designates information or items that it 15 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium 17 |! or manner in which it is generated, stored, or maintained (including, among other things, 18 || testimony, transcripts, and tangible things), that are produced or generated in disclosures or 19 responses to discovery in this matter. 20 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the 21 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 22 || consultant in this Action. 23 2.8 House Counsel: attorneys who are employees of a party to this Action. House 24 |! Counsel does not include Outside Counsel of Record or any other outside counsel. 25 2.9 Non-Party: any natural person, partnership, corporation, association or other legal 26 || entity not named as a Party to this action. 27 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this eg STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page □ of 22 Page ID #:186 1 || Action but are retained to represent or advise a party to this Action and have appeared in this 2 || Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that 3 || party, and includes support staff. 4 2.11 Party: any party to this Action, including all of its officers, directors, employees, 5 || consultants, retained experts, and Outside Counsel of Record (and their support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 7 || Material in this Action. 8 2.13 Professional Vendors: persons or entities that provide litigation support services 9 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 10 organizing, storing, or retrieving data in any form or medium) and their employees and 11 |! subcontractors. 12 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 13. || “CONFIDENTIAL.” 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 15 Producing Party. 16 113. SCOPE 17 The protections conferred by this Stipulation and Order cover not only Protected Material (as 18 || defined above), but also (1) any information copied or extracted from Protected Material; (2) all 19 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 20 i conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 21 || However, the protections conferred by this Stipulation and Order do not cover the following 22 || information: (a) any information that is in the public domain at the time of disclosure to a Receiving 23 |! Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 24 publication not involving a violation of this Order, including becoming part of the public record 25 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 26 || disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 27 28 |} _5 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS □ Case|P:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 6of22 Page ID #:187 1 || information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 2 || Protected Material at trial shall be governed by a separate agreement or order. 3 || 4. | DURATION 4 Even after final disposition of this litigation, the confidentiality obligations imposed by this 5 || Order shall remain in effect until a Desi gnating Party agrees otherwise in writing or a court order 6 || otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 7 || defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 8 || and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 9 || time limits for filing any motions or applications for extension of time pursuant to applicable law. 10 || 5, | DESIGNATING PROTECTED MATERIAL il 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 12 || Party or Non-Party that designates information or items for protection under this Order must take 13 || care to limit any such designation to specific material that qualifies under the appropriate standards, 14 || The Designating Party must designate for protection only those parts of material, documents, items, 15 || or oral or written communications that qualify — so that other portions of the material, documents, 16 stenting or communications for which protection is not warranted are not swept unjustifiably within 17 || the ambit of this Order. 18 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 19 || tobe clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 20 || encumber or retard the case development process or to impose unnecessary expenses and burdens on 21 || other parties) expose the Designating Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it designated for 23 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 24 || that itis withdrawing the mistaken designation. 25 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order, 26 || oras otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 || under this Order must be clearly so designated before the material is disclosed or produced. 28 fp STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case|P:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 7 of 22 Page ID #:188 I Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 3 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the 4 legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or 5 || portions of the material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (¢.g., by making appropriate markings in the margins). A Party or 7 Non-Party that makes original documents or materials available for inspection need not designate 8 || them for protection until after the inspecting Party has indicated which material it would like copied 9 || and produced. During the inspection and before the designation, all of the material made available 10 || for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the 11 || documents it wants copied and produced, the Producing Party must determine which documents, or 12 || portions thereof, qualify for protection under this Order. Then, before producing the specified 13 || documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that 14 || contains Protected Material. If only a portion or portions of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 16 appropriate markings in the margins). 17 (b) for testimony given in deposition ee □□□ the 18 || Designating Party identify on the record, before the close of the deposition, hearing, or others,,- 7 19 seonseding, ll protected testimony. 20 (c) for information produced in some form other than documentary and for any other 21 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 22 || containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 23 || portion or portions of the information or item warrant protection, the Producing Party, to the extent 24 practicable, shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 26 designate qualified information or items does not, standing alone, waive the Designating Party’s 27 || right to secure protection under this Order for such material. Upon timely correction of a secs areas ee STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Casel2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 8 of 22 Page ID #:189 I designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 2 || accordance with the provisions of this Order. 3 6, CHALLENGING CONFIDENTIALITY DESIGNATIONS □ 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 5 || confidentiality at any time that is consistent with the Court’s Scheduling Order. Unless a prompt 6 challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable, 7 || substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the 8 litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to 9 |! mount a challenge promptly after the original designation is disclosed. Any Party or Non-Party may 10 challenge a 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 resolution process 13 |] under Local Rule 37-1 et seq, 14 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint not l . stipulation pursuant to Local Rule one ee nat ake Tales eequlbe 7 6.4 Judicial Intervention. The burden of persuasion in any such challenge proceeding 17 || shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose 18 |! (e.g, to harass or impose unnecessary expenses and burdens on other parties) may expose the 19 Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality 20 || designation by failing to file a motion to retain confidentiality as described above, all parties shall 21 continue to afford the material in question the level of protection to which it is entitled under the 22 || 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 disclosed or 25 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 26 || defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 27 || the categories of persons and under the conditions described in this Order. When the litigation has ts “STIPULATED PROTECTIVE aa BALDWIN PARK AND OFFICER ERNEST BARRIOS Cas@|2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 9of 22 Page ID #:190 1 || been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 2 || DISPOSITION), 3 Protected Material must be stored and maintained by a Receiving Party at a location and in a 4 || secure manner that ensures that access is limited to the persons authorized under this Order. 5 7.2 Disclasure of “CONFIDENTIAL” Information or Items. Unless otherwise 6 |} ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 7 || disclose any information or item designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 9 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 10 information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) of the 12 |! Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 14 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 15 |! to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to. 19 || whom disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information or a custodian 22 || or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to 24 |! whom disclosure is reasonably necessary provided: 25 (1) the deposing party requests that the witness sign the form attached as 26 Exhibit 1 hereto; and 27 (2) they will not be permitted to keep any confidential information unless a a STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case #:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 10of22 Page ID #:191 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 2 unless otherwise agreed by the Designating Party or ordered by the court, 3 Pages of transcribed deposition testimony or exhibits to depositions that 4 reveal Protected Material may be separately bound by the court reporter and 5 may not be disclosed to anyone except as permitted under this Stipulated 6 Protective Order; and 7 (i) any mediator or settlement officer, and their supporting personnel, mutually 8 |] agreed upon by any of the parties engaged in settlement discussions. 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER | 10 LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation that compels 12 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 13 must: 14 (a) promptly notify in writing the Designating Party. Such notification shall include a 15 copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 17 |) other litigation that some or all of the material covered by the subpoena or order is subject to this 18 || Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 20 Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with the subpoena 22 || or court order shall not produce any information designated in this action as “CONFIDENTIAL” 23 || before a determination by the court from which the subpoena or order issued, unless the Party has 24 || obtained the Designating Party’s permission. The Designating Party shall bear the burden and 25 expense of seeking protection in that court of its confidential material — and nothing in these 26 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 27 || disobey a lawful directive from another court. 28 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS. Case □□□□□□□□□□□□□□□□□□□□□ Document 27 Filed 11/19/19 Page 11of22 Page ID #:192 1 9, A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non-Party in this 4 || action and desi gnated as “CONFIDENTIAL.” Such information produced by Non-Parties in 5 || connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 7 protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 9 Party’s confidential information in its possession, and the Party is subject to an agreement with the 10 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 11 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 12 || all of the information requested is subject to a confidentiality agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 14 |! this litigation, the relevant discovery request(s), and a reasonably specific description of the 15 || information requested; and 16 (3) make the information requested available for inspection by the Non-Party. 17 (c) If the Non-Party fails to object or seck a protective order from this court within 18 || fourteen (14) days of receiving the notice and accompanying information, the Receiving Party may 19 produce the Non-Party’s confidential information responsive to the discovery request. If the Non- 20 Party timely seeks a protective order, the Receiving Party shall not produce any information in its 21 possession or control that is subject to the confidentiality agreement with the Non-Party before a 22 || determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden 23 || and expense of seeking protection in this court of its Protected Material. 24 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 26 || Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 27 || the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized ——SRROTATED PROTECTING ORDER BETWEEN PLAINTINF AND DEFENDANTS CY OF — BALDWIN PARK AND OFFICER ERNEST BARRIOS Case #:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 12 o0f22 Page ID #:193 1 |} disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 2 |! inform the person or persons to whom unauthorized disclosures were made of all the terms of this 3 || Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 4 || Be Bound” that is attached hereto as Exhibit A. 5 ll 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 6 MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 8 || material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 9 || are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 10 modify whatever procedure may be established in an e-discovery order that provides for production 11 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 |) parties reach an agreement on the effect of disclosure of a communication or information covered by 13 the attorney-client privilege or work product protection, the parties may incorporate their agreement 14 |! in the stipulated protective order submitted to the court. 15 || 12. | MISCELLANEOUS 16 12.1. Right to Further Relief. Nothing in this Order abridges the right of any person to 17 |! seek its modification by the court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 19 Order, no Party waives any right it otherwise would have to object to disclosing or producing any 20 || information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 21 Party waives any right to object on any ground to use in evidence of any of the material covered by 22 || this Protective Order. 23 12.3 Filing Protected Material. Without written permission ftom the Designating Party 24 || ora court order secured after appropriate notice to all interested persons, a Party may not file in the 25 public record in this action any Protected Material. A Party that seeks to file under seal any 26 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 27 |! under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 28 || ee □ STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case [P:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page13of22 Page ID #:194 1 || issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing 2 || that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 3 protection under the law. Ifa Receiving Party's request to file Protected Material under seal 4 pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the > || information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by 6 || the court. 7 || 13. FINAL DISPOSITION 8 Within sixty (60) days after the final disposition of this action, as defined in paragraph 4, 9 || each Receiving Party must return all Protected Material to the Producing Party or destroy such 10 || material. As used in this subdivision, “‘all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected 12 || Material, Whether the Protected Material is returned or destroyed, the Receiving Party must submit 13 |! a written certification to the Producing Party (and, if not the same person or entity, to the 14 Designating Party) by the 60-day deadline that (1) identifies (by category, where appropriate) all the 15 || Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not 16 || retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing 17 |! any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 18 |} archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 19 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and 20 | consultant and expert work product, even if such materials contain Protected Material. Any such 21 archival copies that contain or constitute Protected Material remain subject to this Protective Order 22 || as set forth in Section 4 (DURATION). 23 ll i 24 ii 26 |) W/ 27 Wi 28 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF - BALDWIN PARK AND OFFICER ERNEST BARRIOS Case [f:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 14o0f22 Page ID #:195 1 | 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, without 3 || limitation, contempt proceedings and/or monetary sanctions. 4 5 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 6 7 || DATED: November 19, 2019 /s/ 3 Humberto Guizar, Esq. Attorney for Plaintiff Angel Jose Velasco 9 10 DATED: □ Gary A. Dordick, Esq. 11 Attorney for Plaintiff Angel Jose Velasco 12 || DATED: B Andrew L. Wright, Esq. Attorney Jor Plg Angal Jose Velasco 14 PP ae DATED: i A Sea 15 Mf Thien Trap?tsa. 16 Attofh ey ford efendants City of Baldwin Park and Officer Ernest Barrios 17 18 19 20 21 22 23 24 25 26 21. 28 14 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case 2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 15 o0f22 Page ID #:196 1 | 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, without 3 |} limitation, contempt proceedings and/or monetary. sanctions, 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD: 7 || DATED: 8 umberto Guizar, Esq. tterney for Plaintiff Angel Jose Velasco $ io || DATED: {1-414 G . Dordick, Esq. Afi Jor Plaintiff Angel Jose Velasco 12 || DATED: 13 Andrew L, Wright, Ber Attorney for Plaintiff Angel Jose Velasco 14 15 DATED: Au Thien Tran, 16 Attorney for Defendants City of Baldwin Park and Officer Ernest Barrios 17 1g | GOOD CAUSE SHOWN, IT IS SO ORDERED: 19 20 DATED; __ poate) EL ae an pa HON. GEORGE H, WU 22 23 24 25 26 27 28 14 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS.CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case 2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 16 0f22 Page ID #:197 1 || 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, without 3 limitation, contempt proceedings and/or monetary sanctions. _ 5 || rr Is SO STIPULATED, THROUGH COUNSEL OF RECORD: 7 || DATED: 8 Humberto Guizar, Esq. Attorney for Plaintiff Angel Jose Velasco Gary A. Dordick; Esq. ll Attorneyfo Plaintiff, Argel Jose Velasco 12 || DATED: 1 H/F CAF 3 : Andre L. Wright, Bec Attorney fo (Peatntiff ingel Jose Velasco 14 1S DATED: An Thien Tran, Esq. 16 Attorney Jor Defendants City of Baldwin Park and Officer Ernest Barrios 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED: 19 DATED: 20: HON, GEORGE H. WU 21 United States District Judge 22 23 24 25 26 27 28 14 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case #:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page of 22 Page ID #:198 I CERTIFICATE OF GOOD FAITH CONFERENCE 2 Pursuant to Local Rule 37-1, I hereby certify that counsel for the movant has conferred with 3 all parties and non-parties on Noverber 13, 2019, who may be affected by the relief sought in this 4 || motion ina good faith effort to eliminate the necessity for hearing the motion and facilitating the 5 parties’ discovery exchanges. 6 7 8 g || DATED: ___1t a Zala ki ; n Tr 5 10 Attophey for Defendants City of Baldwin Park and icer Ernest Barrios 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS Case 2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 18of22 Page ID #:199 Case 2:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 19 of 22 Page ID #:200 I EXHIBIT A 3 & 4 frEy/ Weg AY {print or in full smctt Gd 4 ie, YS 0d, 4 || (print or type full address), declare imder penalty of perjury that I have read ie irety and 5 |) understand the Stipulated Protective Order that was issued by the United States District Court for the | 6 |} Central District of California on [date] in the case of ANGEL JOSE VELASCO, Plaintiff, v. CITY 7 || OF EL MONTE, CITY OF BALDWIN PARK; CORPORAL DANNY TATE; OFFICER ERNEST 8 || BARRIOS; and DOES 1 to 10, Inclusive, Defendants; Case No. 2:19-cv-07956~GW (AGRx). I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 10 || understand and acknowledge that failure to so comply could expose me to sanctions and punishment 1! |! in the nature of contempt. 1 solemnly promise that I will not disclose in any manner any information 12 |} or item that is subject to this Stipulated Protective Order to any person or entity except instrict compliance with the provisions of this Order. 14 [further agree to submit to the jurisdiction of the United States District Court for the Central 15 Hl District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 16 || if such enforcement proceedings occur after termination of this action. \7 hereby eppoint KOLO fstsieg (print or type full name] of 18 le Se La Lae ‘ff Pe ee fujl address and telephone number] as 19 Tt my calfterike aioe for ee Pr ness in ete fe Ge! ceedings related 20 to enforcement of this Stipulated Protective Order. Cb 26) Hol GF 21 22 || Date: (5 -f 7 23 || City and State where sworn and signed: pi WF 4. □ □□□ □□ a4 25 |! Printed name: VO, VE LS Gi 7 26 21 a oi 28 15 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS. Case f:19-cv-07956-GW-AGR Document 27 Filed 11/19/19 Page 20 of 22 Page ID #:201 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 L [print or type full name], of 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 || understand the Stipulated Protective Order that was issued by the United States District Court for the 6 || Central District of California on [date] in the case of ANGEL JOSE VELASCO, Plaintiff, v. CITY 7 || OF EL MONTE, CITY OF BALDWIN PARK; CORPORAL DANNY TATE; OFFICER ERNEST 8 BARRIOS; and DOES 1 to 10, Inclusive, Defendants; Case No. 2:19-cv-07956-GW (AGRx). I 9 || agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 10 |) understand and acknowledge that failure to so comply could expose me to sanctions and punishment 11 |} in the nature of contempt. I solemnly promise that I will not disclose in any manner any information 12 or item that is subject to this Stipulated Protective Order to any person or entity except in strict 13 || compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the Central 15 || District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 16 |! ifsuch enforcement proceedings occur after termination of this action. 17 [hereby appoint [print or type full name] of 18 [print or type full address and telephone number] as 19 my California agent for service of process in connection with this action or any proceedings related 20 |! to enforcement of this Stipulated Protective Order. 21 22 |! Date: a _ 23 || City and State where sworn and signed: 24 25 |! Printed name: 26 27 || Signature: 28 16 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND DEFENDANTS CITY OF BALDWIN PARK AND OFFICER ERNEST BARRIOS