Case 8:21-cv-00749-JVS-ADS Document 27 Filed 03/22/22 Page 1 of 5 Page ID #:121

NOTE CHANGES MADE BY THE COURT

1 ANAHEIM CITY ATTORNEY’S OFFICE

MOSES W. JOHNSON, IV (SBN 118769)

2 Assistant City Attorney E-mail: mjohnson@anaheim.net 3 200 S. Anaheim Boulevard, Suite 356 Anaheim, California 92805 4 Tel: (714) 765-5169 Fax: (714) 765-5123 5 Attorneys for Defendants CITY OF

ANAHEIM, THOMAS A. LOMELI,

6 MICHAEL J. RAMOS, and REUBEN A.

HASANI

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SARAH RIGGS and ANTHONY Case No.: 8:21-cv-00749 JVS (ADSx)

ALEXANDER POPE,

12 Plaintiff, 13 PROTECTIVE ORDER RE v. CONFIDENTIAL INFORMATION 14 CITY OF ANAHEIM, THOMAS A. [Discovery Document: Referred to 15 LOMELI, MICHAEL J. RAMOS, Magistrate Judge AUTUMN D. REUBEN A. HASANI, and DOES 1 SPAETH] 16 through 10, INCLUSIVE, 17 Defendants. Action Filed: April 20, 2021 Trial Date: July 19, 2022 18 19 On or about March 14, 2022, the parties stipulated to a protective order 20 regarding confidential information and seek to have a protective order entered by 21 the Court based on that stipulation. The stipulation has been filed with the Court. 22 Based on that Stipulation and it appearing that the information is confidential and 23 good cause appearing therefor, the following Protective Order shall apply to any 24 Documents produced by Defendants to Plaintiffs' counsel in this action: 25 1. Good Cause Statement: This action involves information for 26 which special protection from public disclosure and from use for any purpose 27 other than prosecution of this action is warranted. Such confidential materials 28 and information consist of, among things, the City of Anaheim Police Case No. 8:21-cv-00749 JVS (ADSx) Case 8:21-cv-00749-JVS-ADS Document 27 Filed 03/22/22 Page 2 of 5 Page ID #:122

1 Department's Body Worn Camera videos (which include information implicating 2 privacy rights of third parties), the City of Anaheim internal investigation and/or 3 the Officer's personnel files (including information implicating privacy rights of 4 third parties), information otherwise generally unavailable to the public, or which 5 may be privileged or otherwise protected from disclosure under state or federal 6 statutes, court rules, case decisions, or common law. Accordingly, to expedite 7 the flow of information, to facilitate the prompt resolution of disputes over 8 confidentiality of discovery materials, to adequately protect information the 9 parties are entitled to keep confidential, to ensure that the parties are permitted 10 reasonable necessary uses of such material in preparation for and in the conduct 11 of trial, to address their handling at the end of the litigation, and serve the ends of 12 justice, a protective order for such information is justified in this matter. 13 2. Attorneys for the Plaintiffs shall receive from the City a copy of the 14 above APD police and investigative reports in connection with this incident 15 involving Plaintiffs (“File”). 16 3. Attorneys for the Plaintiffs shall personally secure and maintain the 17 File in their possession to the end that the File is to be used only for the purposes 18 set forth below and for no other purpose. 19 4. Plaintiffs' counsel’s copy of the investigation File shall only be used 20 for preparing for and prosecuting this case pending the completion of the judicial 21 process including appeal, if any. No copies of the File shall be made. 22 5. If necessary in the judgment of the attorneys for the Plaintiffs in this 23 case, they may show or reveal the contents of the File to their experts and/or 24 investigators, if the same may actively assist in the prosecution of this case. 25 6. Duration: Once a case proceeds to trial, all of the information that 26 was designated as confidential or maintained pursuant to this protective order 27 becomes public unless compelling reasons supported by specific factual findings 28 to proceed otherwise are made to the trial judge in advance of the trial. 2 Case No. 8:21-cv-00749 JVS (ADSx) Case 8:21-cv-00749-JVS-ADS Document 27 Filed 03/22/22 Page 3 of 5 Page ID #:123

1 Kamakana v. City and County of Honolulu (9th Cir. 2006) 447 F.3d 1172, 1180- 2 1181 (distinguishing "good cause" showing for sealing documents produced in 3 discovery from "compelling reasons" standard when merits-related 4 documents are part of court record). Accordingly, the terms of this protective 5 order do not extend beyond the commencement of the trial. 6 7. Filing Protected Material: A Party that seeks to file under seal any 7 Protected Material must comply with Civil Local Rule 79-5. Protected Material 8 may only be filed under seal pursuant to a court order authorizing the sealing of 9 the specific Protected Material at issue. If a Party's request to file Protected 10 Material under seal is denied by the Court, then the Receiving Party may file the 11 information in the public record unless otherwise instructed by the Court. 12 8. Final Disposition: After the final disposition of this Action, 13 Plaintiffs' Counsel shall return all Protected Material and/or Confidential 14 Information to counsel for the City or shall destroy such material, including all 15 copies and extracts thereof, abstracts, compilations, summaries, and any other 16 format reproducing or capturing any of the Protected Material and/or 17 Confidential Information with the exception of those documents affected by the 18 attorney work-product doctrine or attorney-client privilege. Notwithstanding this 19 provision, Counsel are entitled to retain a copy of all pleadings, motion papers, 20 trial, deposition, and hearing transcripts, legal memoranda, correspondence, 21 deposition and trial exhibits, expert reports, attorney work product, and 22 consultant and expert work product, even if such materials contain material 23 Protected Material and/or Confidential Information produced subject to this 24 order. Any such copies that contain or constitute Protected Material and/or 25 Confidential Information remain subject to this Protective Order. 26 9. Attorneys for the Plaintiffs shall cause the substance of this order to 27 be communicated to each person to whom the File is revealed in accordance with 28 this order and prior to disclosure of the Confidential Information, have such 3 Case No. 8:21-cv-00749 JVS (ADSx) Case 8:21-cv-00749-JVS-ADS Document 27 Filed 03/22/22 Page4of5 Page ID #:124

1 |) person execute a written Understanding and Agreement to be bound by this 2 || Stipulation for Protective Order in the form attached hereto as Exhibit 1. 3 10. The attorneys for the Plaintiffs shall not cause or knowingly permit 4 || disclosure of the contents of the File beyond the disclosure permitted under the 5 || terms and conditions of this order, including but not limited to any news media 6 || which is inclusive of film or video, television, radio or print. 7 11. This stipulation is without prejudice to move the District Court-er 9 || Saperter-Court} to vacate and/or to amend this Protective Order. 10 1] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED: 12 13 |} Dated: March 22. 2022 /s/ Autumn D. Spaeth

HONORABLE AUTUMN D. SPAETH

14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 eee ar SAD

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1 EXHIBIT 1 2 UNDERSTANDING AND AGREEMENT 3 PURSUANT TO PROTECTIVE ORDER 4 I declare under penalty of perjury under the laws of the United States of 5 America that I have read in its entirety and understand the Stipulation and 6 Protective Order that was issued by the United States District Court for the 7 Central District of California in the case of RIGGS et al. v. CITY OF 8 ANAHEIM, et. al., Case No.: 8:21-cv-00749 JVS (ADSx), now pending in the 9 District Court. I understand the Stipulation and Order and agree to comply with 10 and to be bound by all the terms of the Stipulation and Protective Order. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to the Stipulation and Protective Order to any person or entity 13 except in strict compliance with the provisions of the Stipulation and Protective 14 Order. 15 16 DATED:_______________

17

18 By:

SIGNATURE

19 _________________________________ 20 PRINT NAME 21 _________________________________

ADDRESS

22 _________________________________ 23 CITY, STATE, ZIP

24 145154 25 26 27 28 5 Case No. 8:21-cv-00749 JVS (ADSx)