1 2 3 4 5 6 7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9 10 11 L.L., a minor, by and through her Case No. 2:24-cv-7788-DPP (MAAx) guardian ad litem, Yessica 12 Monterroza; MONICA LUA, an Hon. Judge Dean D. Pregerson, USDC-1st Cthse, individual; ANGELICA LUA, an Ctrm. 9C; Mag. Maria A. Audero, Roybal Cthse, 13 individual; JUANA PINON, an Ctrm 800 individual; ARTURO LUA, an 14 individual; and JOANNA LUA, STIPULATED PROTECTIVE deceased,

ORDER

15 16 Plaintiff(s), 17 v. 18 CITY OF LOS ANGELES, a public 19 entity; OFFICER MACKEY HURTADO, an individual; and DOE 20 OFFICERS 1-10,

21 22 Defendant(s). 23 24 1. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 proprietary, or private information for which special protection from public 27 disclosure and from use for any purpose other than prosecuting this litigation may 28 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 1 enter the following Stipulated Protective Order. The parties acknowledge that this 2 Stipulated Protective Order does not confer blanket protections on all disclosures or 3 responses to discovery and that the protection it affords from public disclosure and 4 use extends only to the limited information or items that are entitled to confidential 5 treatment under the applicable legal principles. The parties further acknowledge, as 6 set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle 7 them to file confidential information under seal; Local Rule 79-5 sets forth the 8 procedures that must be followed and the standards that will be applied when a 9 party seeks permission from the Court to file material under seal. Discovery in this 10 action is likely to involve production of confidential, proprietary, or private 11 information for which special protection from public disclosure and from use for 12 any purpose other than prosecuting this litigation may be warranted. 13 14 2. GOOD CAUSE STATEMENT 15 This action is likely to involve trade secrets, customer and pricing lists and 16 other valuable research, development, commercial, financial, technical and/or 17 proprietary information for which special protection from public disclosure and 18 from use for any purpose other than prosecution of this action is warranted. Such 19 confidential and proprietary materials and information consist of, among other 20 things, confidential government personnel information, peace officer records, 21 confidential law enforcement video and audio recordings, law enforcement 22 investigatory materials, information otherwise generally unavailable to the public, 23 or which may be privileged or otherwise protected from disclosure under state or 24 federal statutes, court rules, case decisions, or common law. Accordingly, to 25 expedite the flow of information, to facilitate the prompt resolution of disputes over 26 confidentiality of discovery materials, to adequately protect information the parties 27 are entitled to keep confidential, to ensure that the parties are permitted reasonable 28 necessary uses of such material in preparation for and in the conduct of trial, to 1 address their handling at the end of the litigation, and to serve the ends of justice, a 2 protective order for such information is justified in this matter. It is the intent of the 3 parties that information will not be designated as confidential for tactical reasons 4 and that nothing be so designated without a good faith belief that it has been 5 maintained in a confidential, non-public manner, and there is good cause why it 6 should not be part of the public record of this case. 7 8 3. DEFINITIONS 9 3.1. Action: L. L., a minor, et al. v. City of Los Angeles, et al., Case No. 10 2:24-cv-7788-DPP (MAAx) 11 3.2. Challenging Party: A Party or Nonparty that challenges the 12 designation of information or items under this Stipulated Protective 13 Order. 14 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of 15 how it is generated, stored or maintained) or tangible things that 16 qualify for protection under Federal Rule of Civil Procedure 26(c), and 17 as specified above in the Good Cause Statement. 18 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well 19 as their support staff). 20 3.5. Designating Party: A Party or Nonparty that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 3.6. Disclosure or Discovery Material: All items or information, regardless 24 of the medium or manner in which it is generated, stored, or 25 maintained (including, among other things, testimony, transcripts, and 26 tangible things), that is produced or generated in disclosures or 27 responses to discovery in this matter. 28 /// 1 3.7. Expert: A person with specialized knowledge or experience in a 2 matter pertinent to the litigation who has been retained by a Party or its 3 counsel to serve as an expert witness or as a consultant in this Action. 4 3.8. In-House Counsel: Attorneys who are employees of a party to this 5 Action. In-House Counsel does not include Outside Counsel of 6 Record or any other outside counsel. 7 3.9. Nonparty: Any natural person, partnership, corporation, association, 8 or other legal entity not named as a Party to this action. 9 3.10. Outside Counsel of Record: Attorneys who are not employees of a 10 party to this Action but are retained to represent or advise a party to 11 this Action and have appeared in this Action on behalf of that party or 12 are affiliated with a law firm which has appeared on behalf of that 13 party, and includes support staff. 14 3.11. Party: Any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, In-House Counsel, and 16 Outside Counsel of Record (and their support staffs). 17 3.12. Producing Party: A Party or Nonparty that produces Disclosure or 18 Discovery Material in this Action. 19 3.13. Professional Vendors: Persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, 21 preparing exhibits or demonstrations, and organizing, storing, or 22 retrieving data in any form or medium) and their employees and 23 subcontractors. 24 3.14. Protected Material: Any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 3.15. Receiving Party: A Party that receives Disclosure or Discovery 27 Material from a Producing Party. 28 /// 1 3.16 Final Disposition: The conclusion of any appellate proceedings, or, if 2 no appeal is taken, when the time for filing of an appeal has run. 3 Except as set forth below, the terms of this protective order apply 4 through FINAL DISPOSITION of the action. The parties may 5 stipulate that they will be contractually bound by the terms of this 6 agreement beyond FINAL DISPOSITION, but will have to file a 7 separate action for enforcement of the agreement once all proceedings 8 in this case are complete. 9 10 4. SCOPE 11 The protections conferred by this Stipulated Protective Order cover not only 12 Protected Material, but also (1) any information copied or extracted from Protected 13 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 14 and (3) any testimony, conversations, or presentations by Parties or their Counsel 15 that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 trial judge. This Stipulated Protective Order does not govern the use of Protected 18 Material at trial. 19 20 5. DURATION 21 Once a case proceeds to trial, all of the information that was designated as 22 confidential or maintained pursuant to this Stipulated Protective Order becomes 23 public and presumptively will be available to all members of the public, including 24 the press, unless compelling reasons supported by specific factual findings to 25 proceed otherwise are made to the trial judge in advance of the trial. See 26 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) 27 (distinguishing “good cause” showing for sealing documents produced in discovery 28 from “compelling reasons” standard when merits-related documents are part of 1 court record). Accordingly, the terms of this Stipulated Protective Order do not 2 extend beyond the commencement of the trial. 3 Even after final disposition of this litigation, the confidentiality obligations 4 imposed by this Stipulated Protective Order shall remain in effect until a 5 Designating Party agrees otherwise in writing or a court order otherwise directs. 6 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 8 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 9 reviews of this Action, including the time limits for filing any motions or 10 applications for extension of time pursuant to applicable law. 11 12 6. DESIGNATING PROTECTED MATERIAL 13 6.1. Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Nonparty that designates information or items for 15 protection under this Stipulated Protective Order must take care to 16 limit any such designation to specific material that qualifies under the 17 appropriate standards. The Designating Party must designate for 18 protection only those parts of material, documents, items, or oral or 19 written communications that qualify so that other portions of the 20 material, documents, items, or communications for which protection is 21 not warranted are not swept unjustifiably within the ambit of this 22 Stipulated Protective Order. 23 Mass, indiscriminate, or routinized designations are prohibited. 24 Designations that are shown to be clearly unjustified or that have been 25 made for an improper purpose (e.g., to unnecessarily encumber the 26 case development process or to impose unnecessary expenses and 27 burdens on other parties) may expose the Designating Party to 28 sanctions. 1 6.2. Manner and Timing of Designations. 2 Except as otherwise provided in this Stipulated Protective Order 3 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered, 4 Disclosure or Discovery Material that qualifies for protection under 5 this Stipulated Protective Order must be clearly so designated before 6 the material is disclosed or produced. 7 Designation in conformity with this Stipulated Protective Order 8 requires the following: 9 (a) For information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other 11 pretrial or trial proceedings), that the Producing Party affix at a 12 minimum, the legend “CONFIDENTIAL” to each page that 13 contains protected material. If only a portion or portions of the 14 material on a page qualifies for protection, the Producing Party 15 also must clearly identify the protected portion(s) (e.g., by 16 making appropriate markings in the margins). 17 A Party or Nonparty that makes original documents 18 available for inspection need not designate them for protection 19 until after the inspecting Party has indicated which documents it 20 would like copied and produced. During the inspection and 21 before the designation, all of the material made available for 22 inspection shall be deemed “CONFIDENTIAL.” After the 23 inspecting Party has identified the documents it wants copied 24 and produced, the Producing Party must determine which 25 documents, or portions thereof, qualify for protection under this 26 Stipulated Protective Order. Then, before producing the 27 specified documents, the Producing Party must affix the legend 28 “CONFIDENTIAL” to each page that contains Protected 1 Material. If only a portion or portions of the material on a page 2 qualifies for protection, the Producing Party also must clearly 3 identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins). 5 (b) For testimony given in depositions, that the Designating Party 6 identify the Disclosure or Discovery Material on the record, 7 before the close of the deposition, all protected testimony. 8 (c) For information produced in nondocumentary form, and for any 9 other tangible items, that the Producing Party affix in a 10 prominent place on the exterior of the container or containers in 11 which the information is stored the legend “CONFIDENTIAL.” 12 If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall 14 identify the protected portion(s). 15 6.3. Inadvertent Failure to Designate. 16 If timely corrected, an inadvertent failure to designate qualified 17 information or items does not, standing alone, waive the Designating 18 Party’s right to secure protection under this Stipulated Protective Order 19 for such material. Upon timely correction of a designation, the 20 Receiving Party must make reasonable efforts to assure that the 21 material is treated in accordance with the provisions of this Stipulated 22 Protective Order. 23 24 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 7.1. Timing of Challenges. 26 Any Party or Nonparty may challenge a designation of 27 confidentiality at any time that is consistent with the Court’s 28 Scheduling Order. 1 7.2. Meet and Confer. 2 The Challenging Party shall initiate the dispute resolution 3 process, which shall comply with Local Rule 37.1 et seq., and with 4 Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic 5 Conference for Discovery Disputes”).1 6 7.3. Burden of Persuasion. 7 The burden of persuasion in any such challenge proceeding shall 8 be on the Designating Party. Frivolous challenges, and those made for 9 an improper purpose (e.g., to harass or impose unnecessary expenses 10 and burdens on other parties) may expose the Challenging Party to 11 sanctions. Unless the Designating Party has waived or withdrawn the 12 confidentiality designation, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under 14 the Producing Party’s designation until the Court rules on the 15 challenge. 16 17 8. ACCESS TO AND USE OF PROTECTED MATERIALS 18 8.1. Basic Principles. 19 A Receiving Party may use Protected Material that is disclosed 20 or produced by another Party or by a Nonparty in connection with this 21 Action only for prosecuting, defending, or attempting to settle this 22 Action. Such Protected Material may be disclosed only to the 23 categories of persons and under the conditions described in this 24 Stipulated Protective Order. When the Action reaches a final 25 disposition, a Receiving Party must comply with the provisions of 26 27 1 Judge Audero’s Procedures are available at 28 https://www.cacd.uscourts.gov/honorable-maria-audero. 1 Section 14 below. 2 Protected Material must be stored and maintained by a 3 Receiving Party at a location and in a secure manner that ensures that 4 access is limited to the persons authorized under this Stipulated 5 Protective Order. 6 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 7 Unless otherwise ordered by the Court or permitted in writing 8 by the Designating Party, a Receiving Party may disclose any 9 information or item designated “CONFIDENTIAL” only to: 10 (a) The Receiving Party’s Outside Counsel of Record, as well as 11 employees of said Outside Counsel of Record to whom it is 12 reasonably necessary to disclose the information for this Action; 13 (b) The officers, directors, and employees (including In-House 14 Counsel) of the Receiving Party to whom disclosure is 15 reasonably necessary for this Action; 16 (c) Experts of the Receiving Party to whom disclosure is reasonably 17 necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) The Court and its personnel; 20 (e) Court reporters and their staff; 21 (f) Professional jury or trial consultants, mock jurors, and 22 Professional Vendors to whom disclosure is reasonably 23 necessary or this Action and who have signed the 24 “Acknowledgment and Agreement to be Bound” (Exhibit A); 25 (g) The author or recipient of a document containing the 26 information or a custodian or other person who otherwise 27 possessed or knew the information; 28 /// 1 (h) During their depositions, witnesses, and attorneys for witnesses, 2 in the Action to whom disclosure is reasonably necessary 3 provided: (i) the deposing party requests that the witness sign 4 the “Acknowledgment and Agreement to Be Bound” (Exhibit 5 A); and (ii) the witness will not be permitted to keep any 6 confidential information unless they sign the “Acknowledgment 7 and Agreement to Be Bound,” unless otherwise agreed by the 8 Designating Party or ordered by the Court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal 10 Protected Material may be separately bound by the court 11 reporter and may not be disclosed to anyone except as permitted 12 under this Stipulated Protective Order; and 13 (i) Any mediator or settlement officer, and their supporting 14 personnel, mutually agreed upon by any of the parties engaged 15 in settlement discussions. 16 17 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) Promptly notify in writing the Designating Party. Such notification 23 shall include a copy of the subpoena or court order; 24 (b) Promptly notify in writing the party who caused the subpoena or order 25 to issue in the other litigation that some or all of the material covered 26 by the subpoena or order is subject to this Stipulated Protective Order. 27 Such notification shall include a copy of this Stipulated Protective 28 Order; and 1 (c) Cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be 3 affected. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this 6 action as “CONFIDENTIAL” before a determination by the Court from which the 7 subpoena or order issued, unless the Party has obtained the Designating Party’s 8 permission. The Designating Party shall bear the burden and expense of seeking 9 protection in that court of its confidential material and nothing in these provisions 10 should be construed as authorizing or encouraging a Receiving Party in this Action 11 to disobey a lawful directive from another court. 12 13 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 10.1. Application. 16 The terms of this Stipulated Protective Order are applicable to 17 information produced by a Nonparty in this Action and designated as 18 “CONFIDENTIAL.” Such information produced by Nonparties in 19 connection with this litigation is protected by the remedies and relief 20 provided by this Stipulated Protective Order. Nothing in these 21 provisions should be construed as prohibiting a Nonparty from seeking 22 additional protections. 23 10.2. Notification. 24 In the event that a Party is required, by a valid discovery 25 request, to produce a Nonparty’s confidential information in its 26 possession, and the Party is subject to an agreement with the Nonparty 27 not to produce the Nonparty’s confidential information, then the Party 28 shall: 1 (a) Promptly notify in writing the Requesting Party and the 2 Nonparty that some or all of the information requested is subject 3 to a confidentiality agreement with a Nonparty; 4 (b) Promptly provide the Nonparty with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery 6 request(s), and a reasonably specific description of the 7 information requested; and 8 (c) Make the information requested available for inspection by the 9 Nonparty, if requested. 10 10.3. Conditions of Production. 11 If the Nonparty fails to seek a protective order from this Court 12 within fourteen (14) days after receiving the notice and accompanying 13 information, the Receiving Party may produce the Nonparty’s 14 confidential information responsive to the discovery request. If the 15 Nonparty timely seeks a protective order, the Receiving Party shall not 16 produce any information in its possession or control that is subject to 17 the confidentiality agreement with the Nonparty before a 18 determination by the Court. Absent a court order to the contrary, the 19 Nonparty shall bear the burden and expense of seeking protection in 20 this Court of its Protected Material. 21 22 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party immediately must (1) notify in 26 writing the Designating Party of the unauthorized disclosures, (2) use its best 27 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the 28 person or persons to whom unauthorized disclosures were made of all the terms of 1 this Stipulated Protective Order, and (4) request such person or persons to execute 2 the “Acknowledgment and Agreement to be Bound” (Exhibit A). 3 4 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other 8 protection, the obligations of the Receiving Parties are those set forth in Federal 9 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 10 whatever procedure may be established in an e-discovery order that provides for 11 production without prior privilege review. Pursuant to Federal Rule of Evidence 12 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 13 of a communication or information covered by the attorney-client privilege or work 14 product protection, the parties may incorporate their agreement in the Stipulated 15 Protective Order submitted to the Court. 16 17 13. MISCELLANEOUS 18 13.1. Right to Further Relief. 19 Nothing in this Stipulated Protective Order abridges the right of 20 any person to seek its modification by the Court in the future. 21 13.2. Right to Assert Other Objections. 22 By stipulating to the entry of this Stipulated Protective Order, no 23 Party waives any right it otherwise would have to object to disclosing 24 or producing any information or item on any ground not addressed in 25 this Stipulated Protective Order. Similarly, no Party waives any right 26 to object on any ground to use in evidence of any of the material 27 covered by this Stipulated Protective Order. 28 /// 1 13.3. Filing Protected Material. 2 A Party that seeks to file under seal any Protected Material must 3 comply with Local Rule 79-5. Protected Material may only be filed 4 under seal pursuant to a court order authorizing the sealing of the 5 specific Protected Material at issue. If a Party's request to file 6 Protected Material under seal is denied by the Court, then the 7 Receiving Party may file the information in the public record unless 8 otherwise instructed by the Court. 9 10 14. FINAL DISPOSITION 11 After the final disposition of this Action, within sixty (60) days of a written 12 request by the Designating Party, each Receiving Party must return all Protected 13 Material to the Producing Party or destroy such material. As used in this 14 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected 16 Material. Whether the Protected Material is returned or destroyed, the Receiving 17 Party must submit a written certification to the Producing Party (and, if not the 18 same person or entity, to the Designating Party) by the 60-day deadline that 19 (1) identifies (by category, where appropriate) all the Protected Material that was 20 returned or destroyed and (2) affirms that the Receiving Party has not retained any 21 copies, abstracts, compilations, summaries or any other format reproducing or 22 capturing any of the Protected Material. Notwithstanding this provision, Counsel is 23 entitled to retain an archival copy of all pleadings; motion papers; trial, deposition, 24 and hearing transcripts; legal memoranda; correspondence; deposition and trial 25 exhibits; expert reports; attorney work product; and consultant and expert work 26 product, even if such materials contain Protected Material. Any such archival 27 copies that contain or constitute Protected Material remain subject to this Stipulated 28 Protective Order as set forth in Section 5. 1 |} 15. VIOLATION 2 Any violation of this Stipulated Order may be punished by any and all 3 || appropriate measures including, without limitation, contempt proceedings and/or 4 || monetary sanctions. 5 6 | ISSO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || Date: March 14, 2025 KIRAKOSIAN LAW, APC 8 (| 9 , By 10 GREG UL. OSIAN

RAFFI 8S. BATANIAN

11 Attorneys for Plaintiffs,

L.L., A MINOR, BY AND

12 THROUGH HER GUARDIAN

B AD LITEM, YESSICA

MONTERROZA, MONICA

14 LUA, ANGELICA LUA,

JUANA PINON, ARTURO

15 LUA, JOANNA LUA 16 17 || Dated: March 14, 2025 HYDEE FELDSTEIN SOTO, City Attorney DENISE C. MILLS, Chief Deputy City Attorney 18 KATHLEEN KENEALY, Chief Assistant City Atty 19 CORY M. BRENTE, Senior Assistant City Attorney 20 By: Ty A. Fora 21 TY A. FORD, Deputy City Attorney 2 Attorneys for Defendants, CITY OF LOS ANGELES and MACKEY HURTADO 23 24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 ' al! ph *° Z| Dated:___ 03/17/2025 : 27 Maria Al #itidert 28 United Statés Magistrate Judge 16

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [full name], of 4 [address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Central District of California on 7 in the case of L. L., a minor, et al. v. City of Los Angeles, et al., Case No. 2:24-cv- 8 7788-DPP (MAAx) I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order, and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Stipulated Protective Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint [full name] 18 of [address and telephone number] 19 as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Signature: 23 Printed Name: 24 Date: 25 City and State Where Sworn and Signed: 26 27 28