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8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 JOHN C. YOUNG CASE NO. CV20-11087-CBM-KK Hon. Judge Consuelo B. Marshall 12 Plaintiff, Hon. Mag. Judge Kenly Kiya Kato

13 vs. [NOTE CHANGES BY COURT] 14 OFFICERS GRANT, ET AL.

STIPULATED

15 Defendants. PROTECTIVE ORDER

16

17 1. A. PURPOSES & LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 proprietary, or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may be 21 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 22 the following Stipulated Protective Order. The parties acknowledge that this Order 23 does not confer blanket protections on all disclosures or responses to discovery and 24 that the protection it affords from public disclosure and use extends only to the 25 limited information or items that are entitled to confidential treatment under the 26 applicable legal principles. The parties further acknowledge, as set forth in Section 27 12.3, below, that this Stipulated Protective Order does not entitle them to file 1 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 2 that must be followed and the standards that will be applied when a party seeks 3 permission from the court to file material under seal. 4 B. GOOD CAUSE STATEMENT 5 This action involves Los Angeles Police Department Officers. Plaintiff is 6 seeking materials and information that Defendants, all of whom are Los Angeles 7 Police Department officers, and their employers contend are confidential. As such, it 8 is the defense contention that this action is likely to involve the discovery of 9 confidential official government information and information contained within police 10 officers’ personnel files that is therefore privileged under the common law of 11 California, California statutes and certain privileges afforded under Federal common 12 law, including the “official information,” “self-critical analysis,” the “deliberative 13 process,” and the “law enforcement investigatory privileges.” The defense contends 14 that discovery in this action is likely to involve information protected by the police 15 officers’ right of privacy and to be protected by third parties’ right to privacy. The 16 Los Angeles Police Department has not publicly released the materials and 17 information referenced above except under a protective order or pursuant to a court 18 order, if at all. These materials and information are of the type that has been used to 19 initiate disciplinary action against Los Angeles Police Department officers and has 20 been used as evidence in disciplinary proceedings, where the officers’ conduct was 21 considered to be contrary to LAPD policy. 22 Defendants and the Los Angeles Police Department contend that absent a 23 protective order delineating the responsibilities of nondisclosure by one or more of 24 the attorneys, secretaries, law clerks, paralegals and expert witnesses involved in this 25 case, as well as the corollary risk of embarrassment, harassment and professional and 26 legal harm on the part of the LAPD officers referenced in the materials and 27 information. 1 unfettered disclosure of the materials and information, absent a protective order, 2 would allow the media to share this information with potential jurors in the area, 3 impacting the rights of the Defendants to receive a fair trial. Accordingly, to expedite 4 the flow of information, to facilitate the prompt resolution of disputes over 5 confidentiality of discovery materials, to adequately protect information the parties 6 are entitled to keep confidential, to ensure that the parties are permitted reasonably 7 necessary uses of such material in preparation for and in the conduct of trial, to 8 address their handling at the end of the litigation, and serve the ends of justice, the 9 defense contends, a protective order for such information is justified in this matter. 10 Plaintiff does not agree with the analysis stated above in this ¶ 1.B., and asserts 11 that the material is not confidential but that under the First Amendment and other 12 constitutional principles as set forth in Kamakana v. City and County of Honolulu, 13 447 F.3d 1172 (9th Cir. 2006), and other caselaw, the material is public material. The 14 court has already determined that some of the material sought to be designated as 15 confidential is not confidential. ECF No. 46. 16 2. DEFINITIONS 17 2.1 Action: this pending federal lawsuit. 18 2.2 Challenging Party: a Party or Non-Party that challenges the designation 19 of information or items under this Order. 20 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 23 Good Cause Statement. 24 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 25 support staff). 26 2.5 Designating Party: a Party or Non-Party that designates information or 27 items that it produces in disclosures or in responses to discovery as 1 2.6 Disclosure or Discovery Material: all items or information, regardless of 2 the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association, or 12 other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm which 16 has appeared on behalf of that party, and includes support staff. 17 2.11 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 1 from a Producing Party. 2 3. SCOPE 3 The protections conferred by this Stipulation and Order cover not only 4 Protected Material (as defined above), but also (1) any information copied or 5 extracted from Protected Material; (2) all copies, excerpts, summaries, or 6 compilations of Protected Material; and (3) any testimony, conversations, or 7 presentations by Parties or their Counsel that might reveal Protected Material. 8 Any use of Protected Material at trial shall be governed by the orders of the 9 trial judge. This Order does not govern the use of Protected Material at trial. 10 4. DURATION 11 Once a case proceeds to trial, all of the information that was designated as 12 confidential or maintained pursuant to this protective order becomes public and will 13 be presumptively available to all members of the public, including the press, unless 14 compelling reasons supported by specific factual findings to proceed otherwise are 15 made to the trial judge in advance of the trial. See Kamakana v. City and County of 16 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 17 showing for sealing documents produced in discovery from “compelling reasons” 18 standard when merits-related documents are part of court record). Accordingly, the 19 terms of this protective order do not extend beyond the commencement of the trial. 20 This clause only applies to documents or information designated as confidential or 21 material pursuant to this protective order that is marked as an exhibit or listed on an 22 exhibit list, introduced or used as evidence, impeachment or otherwise, at trial. The 23 parties are in no way waiving their right to request the trial court to deem certain 24 materials as confidential pursuant to Kamakana, supra. 25 Even after the disposition of this litigation, with the exception or information 26 marked as an exhibit, or introduced or used as evidence, impeachment or otherwise, 27 whether or not admitted in evidence, at trial, the confidentiality obligations imposed 1 writing or a court order otherwise directs. Final disposition shall be deemed to be the 2 later of (1) dismissal of all claims and defenses in this Action, with or without 3 prejudice; and (2) final judgment herein after the completion and exhaustion of all 4 appeals (including petitions for certiorari to the Supreme Court of the U.S.), 5 rehearings, remands, trials, or reviews of this Action, including the time limits for 6 filing any motions or applications for extension of time pursuant to applicable law. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection under 10 this Order must take care to limit any such designation to specific material that 11 qualifies under the appropriate standards. The Designating Party must designate for 12 protection only those parts of material, documents, items, or oral or written 13 communications that qualify so that other portions of the material, documents, items, 14 or communications for which protection is not warranted are not swept unjustifiably 15 within the ambit of this Order. 16 Mass, indiscriminate, or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to impose 19 unnecessary expenses and burdens on other parties) may expose the Designating 20 Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 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 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and 12 before the designation, all of the material made available for inspection shall be 13 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 14 it wants copied and produced, the Producing Party must determine which documents, 15 or portions thereof, qualify for protection under this Order. Then, before producing 16 the specified documents, the Producing Party must affix the “CONFIDENTIAL 17 legend” to each page that contains Protected Material. If only a portion or portions of 18 the material on a page qualifies for protection, the Producing Party also must clearly 19 identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins). 21 (b) for testimony given in depositions that the Designating Party identify the 22 Disclosure or Discovery Material on the record, before the close of the deposition all 23 protected testimony. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the 26 exterior of the container or containers in which the information is stored the legend 27 “CONFIDENTIAL.” If only a portion or portions of the information warrants 1 portion(s). 2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive the 4 Designating Party’s right to secure protection under this Order for such material. 5 Upon timely correction of a designation, the Receiving Party must make reasonable 6 efforts to assure that the material is treated in accordance with the provisions of this 7 Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37.1 et seq. The parties agree that the time for 14 the parties to meet and confer must take place within five days of opposing counsel 15 receiving the request to do so. Said communication may take place via e-mail.. 16 6.3 The burden of persuasion in any such challenge proceeding shall be on 17 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 19 expose the Challenging Party to sanctions. Unless the Designating Party has waived 20 or withdrawn the confidentiality designation, all parties shall continue to afford the 21 material in question the level of protection to which it is entitled under the Producing 22 Party’s designation until the Court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 1 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 2 Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 6 otherwise ordered by the court or permitted in writing by the Designating Party, a 7 Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 10 as employees of said Outside Counsel of Record to whom it is reasonably necessary 11 to disclose the information for this Action; 12 (b) the officers, directors, and employees (including House Counsel) of the 13 Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this Action and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (d) the court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional 20 Vendors to whom disclosure is reasonably necessary for this Action and who have 21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 25 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 26 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 27 not be permitted to keep any confidential information unless they sign the 1 agreed by the Designating Party or ordered by the court. Pages of transcribed 2 deposition testimony or exhibits to depositions that reveal Protected Material may be 3 separately bound by the court reporter and may not be disclosed to anyone except as 4 permitted under this Stipulated Protective Order; and 5 (i) any mediator or settlement officer, and their supporting personnel, 6 mutually agreed upon by any of the parties engaged in settlement discussions. 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 8 PRODUCED IN OTHER LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation that 10 compels disclosure of any information or items designated in this Action as 11 “CONFIDENTIAL,” that Party must: 12 (a) promptly notify in writing the Designating Party. Such notification shall 13 include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order to 15 issue in the other litigation that some or all of the material covered by the subpoena 16 or order is subject to this Protective Order. Such notification shall include a copy of 17 this Stipulated Protective Order; and 18 (c) cooperate with respect to all reasonable procedures sought to be pursued 19 by the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with 21 the subpoena or court order shall not produce any information designated in this 22 action as “CONFIDENTIAL” before a determination by the court from which the 23 subpoena or order issued, unless the Party has obtained the Designating Party’s 24 permission. The Designating Party shall bear the burden and expense of seeking 25 protection in that court of its confidential material and nothing in these provisions 26 should be construed as authorizing or encouraging a Receiving Party in this Action to 27 disobey a lawful directive from another court. 1 9. A. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality agreement 14 with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and 18 (3) make the information requested available for inspection by the 19 Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 14 21 days of receiving the notice and accompanying information, the Receiving Party may 22 produce the Non-Party’s confidential information responsive to the discovery request. 23 If the Non-Party timely seeks a protective order, the Receiving Party shall not 24 produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Non-Party before a determination by the court. 26 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 27 of seeking protection in this court of its Protected Material. 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted 21 to the court. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 1 ground to use in evidence of any of the material covered by this Protective Order. 2 12.3 Filing Protected Material. A Party that seeks to file under seal any 3 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 4 only be filed 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 Protected Material 6 under seal is denied by the court, then the Receiving Party may file the information in 7 the public record unless otherwise instructed by the court. 8 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in paragraph 4, within 60 10 days of a written request by the Designating Party, each Receiving Party must return 11 all Protected Material to the Producing Party or destroy such material at the option of 12 the Receiving Party. As used in this subdivision, “all Protected Material” includes all 13 copies, abstracts, compilations, summaries, and any other format reproducing or 14 capturing any of the Protected Material. Whether the Protected Material is returned or 15 destroyed, the Receiving Party must submit a written certification to the Producing 16 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 17 deadline that (1) identifies (by category, where appropriate) all the Protected Material 18 that was returned or destroyed and (2)affirms that the Receiving Party has not 19 retained any copies, abstracts, compilations, summaries or any other format 20 reproducing or capturing any of the Protected Material. Notwithstanding this 21 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 22 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 23 deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected Material. Any such 25 archival copies that contain or constitute Protected Material remain subject to this 26 Protective Order as set forth in Section 4 (DURATION). 27 Any violation of this Order may be punished by any and all appropriate 2 || measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. 4 5 IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 Dated: 12/28/21 Respectfully submitted, 8 MICHAEL N. FEUER, City Attorney 9 KATHLEEN A. KENEALY, Chief Deputy City Attorney SCOTT MARCUS, Senior Assistant City Attorney 10 CORY M. BRENTE, Senior Assistant City Attorney JAMES V. BILEK, Deputy City Attorney 11 D By:___/s/ James V. Bilek JAMES V. BILEK, Deputy City Attorney 13 Attorneys for Defendants 14 Dated: 12/28/2021 Respectfully submitted, 15 16 JDP PC Jeff Dominic Price 17 By:__/s/__ Jeff Dominic Price 18 Jeff Dominic Price Attorneys for Plaintiff 19 20

GOOD CAUSE SHOWN, IT IS SOORDERED.

22 23 || DATED: December 29, 2021 aly 24 5 HONORABLE KENLY KIYA KATO

UNITED STATES MAGISTRATE JUDGE

26 27 28

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2 I, [print or type full name], of 3 [print or type full address], declare 4 under penalty of perjury that I have read in its entirety and understand the Stipulated 5 Protective Order that was issued by the United States District Court for the Central 6 District of California on [date] in the case of [insert formal name of the case 7 and the number and initials assigned to it by the court]. I agree to comply with 8 and to be bound by all the terms of this Stipulated Protective Order and I understand 9 and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in 11 any manner any information or item that is subject to this Stipulated Protective Order 12 to any person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of 16 this action. I hereby appoint 17 [print or 18 type full name] of _ [print 19 or type full address and telephone number] as my California agent for service of 20 process in connection with this action or any proceedings related to enforcement of 21 this Stipulated Protective Order. 22 Date: 23 City and State where sworn and signed: 24

25 Printed name: 26 Signature: 27