1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DREW FOY, an individual; 12 KASSANDRA CENTENO, an individual Case No. 2:24-cv-09247-AH-AJRX 13 Plaintiffs, [PROPOSED] STIPULATED 14 v. PROTECTIVE ORDER CITY OF LOS ANGELES, a public 15 entity, OFFICER RAYMOND

ARMENTA; OFFICER LUCERA

16 FRIAS, and DOE OFFICERS 1-5. Defendants. 17 18 19 1. GENERAL 20 1.1 Purposes and Limitations. Discovery in this action is likely to involve 21 production of confidential, proprietary, or private information for which special 22 protection from public disclosure and from use for any purpose other than prosecuting 23 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 24 petition the Court to enter the following Stipulated Protective Order. The parties 25 acknowledge that this Order does not confer blanket protections on all disclosures or 26 responses to discovery and that the protection it affords from public disclosure and use 27 extends only to the limited information or items that are entitled to confidential treatment 28 under the applicable legal principles. The parties further acknowledge, as set forth in 1 Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 2 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that 3 must be followed and the standards that will be applied when a party seeks permission 4 from the court to file material under seal. 5 1.2 Good Cause Statement. 6 This action involves the City of Los Angeles (“CITY) and individual sworn police 7 officers of the Los Angeles Police Department (“LAPD”) on one side; and on the other, 8 Plaintiffs who claim damages from the City and LAPD Officers. 9 As such, Plaintiff may seek materials and information that the City maintains as 10 confidential, such as personnel files of the police officers involved in the incident, video 11 recordings (including Body-Worn Video recordings and Digital In-Car Video 12 recordings), audio recordings, and other administrative materials and information 13 currently in the possession of the City and which the City believes needs special 14 protection from public disclosure and from use for any purpose other than prosecuting 15 this litigation. Plaintiff may also seek official information contained in the personnel 16 files of the Police Officers involved in the subject incident, which the City maintains as 17 strictly confidential and which the City believes needs special protection from public 18 disclosure and from use for any purpose other than prosecuting this litigation. 19 The City asserts that the confidentiality of materials and information sought by 20 Plaintiff is recognized by California and federal law as evidenced by, inter 21 alia, California Penal Code section 832.7, California Evidence Code section 1043 et. 22 seq. and Kerr v. United States District Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir. 23 1975), aff’d, 426 U.S. 394 (1976); Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 24 (9th Cir. 1990); Miller v. Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992). The City has not 25 and does not publicly release the materials and information referenced above except 26 under a protective order or pursuant to a court order, if at all. These materials and 27 information are of the type that has been used to initiate disciplinary action against 28 1 LAPD officers and has been used as evidence in disciplinary proceedings, where 2 officers’ conduct was considered to be contrary to LAPD policy. 3 The City contends that absent a protective order delineating the responsibilities 4 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 5 and undue disclosure by one or more of the many attorneys, secretaries, law clerks, 6 paralegals, and expert witnesses involved in the case, as well as the corollary risk of 7 embarrassment, harassment and professional and legal harm on the part of the LAPD 8 officers referenced in the materials and information. 9 Defendants also seek discovery of various information relating to Plaintiff’s 10 damages claims, including employment information, housing information, financial 11 information, and confidential medical records that may be personal, private, and 12 potentially embarrassing if unnecessarily disseminated; thus, Plaintiff contends such 13 information should not be disseminated beyond this litigation. 14 Accordingly, to expedite the flow of information, to facilitate the prompt resolute 15 of disputes over the confidentiality of discovery materials, to adequately protect 16 information the parties are entitled to keep confidential, to ensure that the parties are 17 permitted reasonably necessary uses of such material in preparation for and in the 18 conduct of trial, to address their handling at the end of litigation, and serve the ends of 19 justice, a protective order is necessary, Such information will not be designated as 20 confidential for tactical reasons and nothing will be designated without a good faith 21 belief that it has been maintained in a confidential, non-public manner, and there is good 22 cause why it should not be part of the public record in this case. 23 2. DEFINITIONS 24 2.1 Action: Foy et. al. v. City of Los Angeles et. al. Case No. 2:24-CV- 25 09247-AR-AJRX. 26 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 27 information or items under this Order. 28 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 2 it is generated, stored or maintained) or tangible things that qualify for protection under 3 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 4 Statement. 5 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 6 support staff). 7 2.5 Designating Party: a Party or Non-Party that designates information or 8 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 9 2.6 Disclosure or Discovery Material: all items or information, regardless of 10 the medium or manner in which it is generated, stored, or maintained (including, among 11 other things, testimony, transcripts, and tangible things), that are produced or generated 12 in disclosures or responses to discovery in this matter. 13 2.7 Expert: a person with specialized knowledge or experience in a matter 14 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 15 expert witness or as a consultant in this Action. 16 2.8 House Counsel: attorneys who are employees of a party to this Action. 17 House Counsel does not include Outside Counsel of Record or any other outside 18 counsel. 19 2.9 Non-Party: any natural person, partnership, corporation, association, or 20 other legal entity not named as a Party to this action. 21 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 22 this Action but are retained to represent or advise a party to this Action and have 23 appeared in this Action on behalf of that party or are affiliated with a law firm that has 24 appeared on behalf of that party, including support staff. 25 2.11 Party: any party to this Action, including all of its officers, directors, 26 employees, consultants, retained experts, and Outside Counsel of Record (and their 27 support staffs). 28 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 6 their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 10 from a Producing Party. 11 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only Protected 14 Material (as defined above), but also (1) any information copied or extracted from 15 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 16 Material; and (3) any testimony, conversations, or presentations by Parties or their 17 Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of the trial 19 judge. This Order does not govern the use of Protected Material at trial. 20 21 4. DURATION 22 Once a case proceeds to trial, all of the court-filed information to be introduced 23 that was previously designated as confidential or maintained pursuant to this protective 24 order becomes public and will be presumptively available to all members of the public, 25 including the press, unless compelling reasons supported by specific factual findings to 26 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. 27 City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 28 “good cause” showing for sealing documents produced in discovery from “compelling 1 reasons” standard when merits-related documents are part of court record). 2 Accordingly, the terms of this protective order do not extend beyond the commencement 3 of the trial. 4 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Non-Party that designates information or items for protection under this 8 Order must take care to limit any such designation to specific material that qualifies 9 under the appropriate standards. The Designating Party must designate for protection 10 only those parts of material, documents, items, or oral or written communications that 11 qualify so that other portions of the material, documents, items, or communications for 12 which protection is not warranted are not swept unjustifiably within the ambit of this 13 Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations that 15 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 16 to unnecessarily encumber the case development process or to impose unnecessary 17 expenses and burdens on other parties) may expose the Designating Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 promptly notify all other Parties that it is withdrawing the inapplicable designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided in this 22 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 23 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 24 must be clearly so designated before the material is disclosed or produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 28 proceedings), that the Producing Party affix, at a minimum, the legend 1 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 2 contains protected material. If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). 5 A Party or Non-Party that makes original documents available for inspection need 6 not designate them for protection until after the inspecting Party has indicated which 7 documents it would like copied and produced. During the inspection and before the 8 designation, all of the material made available for inspection shall be deemed 9 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 10 copied and produced, the Producing Party must determine which documents, or portions 11 thereof, qualify for protection under this Order. Then, before producing the specified 12 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 13 that contains Protected Material. If only a portion or portions of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected 15 portion(s) (e.g., by making appropriate markings in the margins). 16 (b) for testimony given in depositions that the Designating Party identify 17 the Disclosure or Discovery Material on the record, before the close of the deposition. 18 (c) for information produced in some form other than documentary and for 19 any other tangible items, that the Producing Party affix in a prominent place on the 20 exterior of the container or containers in which the information is stored the legend 21 “CONFIDENTIAL.” 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. Upon 27 timely correction of a designation, the Receiving Party must make reasonable efforts to 28 assure that the material is treated in accordance with the provisions of this Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s Scheduling 4 Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly 7 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 8 6.3 Burden. The burden of persuasion in any such challenge proceeding shall 9 be on the Designating Party. Frivolous challenges, and those made for an improper 10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 11 may expose the Challenging Party to sanctions. Unless the Designating Party has 12 waived or withdrawn the confidentiality designation, all parties shall continue to afford 13 the material in question the level of protection to which it is entitled under the Producing 14 Party’s designation until the Court rules on the challenge. 15 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this Action 19 only for prosecuting, defending, or attempting to settle this Action. Such Protected 20 Material may be disclosed only to the categories of persons and under the conditions 21 described in this Order. When the Action has been terminated, a Receiving Party must 22 comply with the provisions of section 13 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 27 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party 28 may disclose any information or item designated “CONFIDENTIAL” only to: 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 2 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 3 disclose the information for this Action; 4 (b) the officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) the Court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 19 not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 21 by the Designating Party or ordered by the Court. Pages of transcribed deposition 22 testimony or exhibits to depositions that reveal Protected Material may be separately 23 bound by the court reporter and may not be disclosed to anyone except as permitted 24 under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions. 27 28 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue 9 in the other litigation that some or all of the material covered by the subpoena or order 10 is subject to this Protective Order. Such notification shall include a copy of this 11 Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by 13 the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 21 from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 27 by Non-Parties in connection with this litigation is protected by the remedies and relief 28 1 provided by this Order. Nothing in these provisions should be construed as prohibiting 2 a Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to produce 4 a Non-Party’s confidential information in its possession, and the Party is subject to an 5 agreement with the Non-Party not to produce the Non-Party’s confidential information, 6 then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party that 8 some or all of the information requested is subject to a confidentiality agreement with a 9 Non-Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this Action, the relevant discovery request(s), and a reasonably 12 specific description of the information requested; and 13 (3) make the information requested available for inspection by the Non- 14 Party, if requested. 15 (c) If the Non-Party fails to seek a protective order from this Court within 14 days 16 of receiving the notice and accompanying information, the Receiving Party may produce 17 the Non-Party’s confidential information responsive to the discovery request. If the 18 Non-Party timely seeks a protective order, the Receiving Party shall not produce any 19 information in its possession or control that is subject to the confidentiality agreement 20 with the Non-Party before a determination by the Court. Absent a court order to the 21 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 22 Court of its Protected Material. 23 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 28 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 1 all unauthorized copies of the Protected Material, (c) inform the person or persons to 2 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 3 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 4 that is attached hereto as Exhibit A. 5 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other protection, the 10 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 11 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 12 established in an e-discovery order that provides for production without prior privilege 13 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 14 an agreement on the effect of disclosure of a communication or information covered by 15 the attorney-client privilege or work product protection, the parties may incorporate 16 their agreement in the stipulated protective order submitted to the Court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order, no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 28 only be filed under seal pursuant to a court order authorizing the sealing of the specific 1 Protected Material at issue; good cause must be shown in the request to file under seal. 2 If a Party’s request to file Protected Material under seal is denied by the Court, then the 3 Receiving Party may file the information in the public record unless otherwise instructed 4 by the Court. 5 6 13. FINAL DISPOSITION 7 After the final disposition of this Action, within 60 days of a written request by 8 the Designating Party, each Receiving Party must return all Protected Material to the 9 Producing Party or destroy such material. As used in this subdivision, “all Protected 10 Material” includes all copies, abstracts, compilations, summaries, and any other format 11 reproducing or capturing any of the Protected Material. Whether the Protected Material 12 is returned or destroyed, the Receiving Party must submit a written certification to the 13 Producing Party (and, if not the same person or entity, to the Designating Party) by the 14 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 15 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 17 or capturing any of the Protected Material. Notwithstanding this provision, counsel are 18 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 19 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 20 expert reports, attorney work product, and consultant and expert work product, even if 21 such materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 4 (DURATION). 24 25 26 27 28 1 14. VIOLATION OF ORDER 2 Any violation of this Order may be punished by any and all appropriate measures 3 including, without limitation, contempt proceedings and/or monetary sanctions.

4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6

7 Dated: February 27, 2025 Kirakosian Law APC 8

9 By: /s/ Gregory Levon Kirakosian Attorneys for Plaintiffs, DREW FOY and 10

KASSANDRA CENTENO

11 12 13 Dated: February 27, 2025 Respectfully submitted, 14 HYDEE FELDSTEIN SOTO, City Attorney 15 DENISE MILLS, Chief Deputy City Attorney 16 KATHLEEN KENEALY, Chief Asst. City Attorney CORY M. BRENTE, Senior Assistant City Attorney 17 18 By: /s/ Jeremy Warren 19 JEREMY B. WARREN Deputy City Attorney 20 Attorneys for Defendant, CITY OF LOS ANGELES, 21 OFFICER RAYMOND ARMENTA, and OFFICER

LUCERA FRIAS

22

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: _3_/0_3_/_2_0_25_______ __________________________________

26 HON. A. JOEL RICHLIN United States Magistrate Judge 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ [full 5 address], declare under penalty of perjury that I have read in its entirety and understand 6 the Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on ____________ [date] in the case of Drew Foy, et 8 al., v. City of Los Angeles, et al., USDC Case No. 2:24-cv-09247-AH-AJR. I agree to 9 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 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint __________________________ [full name] of 18 _______________________________________ [full address and telephone 19 number] as my California agent for service of process in connection with this action or 20 any proceedings related to enforcement of this Stipulated Protective Order. 21 22 23 Date: __________________________________ 24 City and State where signed: __________________________________ 25 Printed name: __________________________________ 26 Signature: __________________________________

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