Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 1 of 34 Page ID #:368

1 MICHAEL N. FEUER, City Attorney - SBN 111529 2 SCOTT MARCUS, Chief Assistant City Attorney – SBN 184980 CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453 3 GEOFFREY PLOWDEN, Deputy City Attorney – SBN 146602 4 SUREKHA A. SHEPHERD, Deputy City Attorney – SBN 193206 200 North Main Street, 6th Floor, City Hall East 5 Los Angeles, CA 90012 6 Tel No.: (213) 978-7036; Fax No.: (213) 978-8785 Email: surekha.shepherd@lacity.org 7 8 Attorneys for Defendants, CITY OF LOS ANGELES, OFFICER ALDO RUIZ, OFFICER WON KIM, and OFFICER MARK CARBONELL 9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11 12 13 CLAIRECE R. ANDRUS, CASE NO.: CV22-00144-FWS-PD Individually and as a Successor-In- Hon. Fred W. Slaughter, Santa Ana, Ctrm 10D 14 Mag. Patricia A. Donahue, Roybal 580 Interest to AMY MARIE 15 PALUBICKI, decedent, 16 Plaintiff, STIPULATED PROTECTIVE 17 ORDER1 vs. 18 19 CITY OF LOS ANGELES; LAPD Officer RUIZ (Badge #44215); 20 LAPD Officer KIM (Badge #42236); 21 LAPD Officer CARBONELL (Unknown 22 Badge Number); COUNTY OF LOS 23 ANGELES and DOE 1 through 10, Inclusive, 24 25 Defendants. 26 27 1 This Stipulated Protective Order is substantially based on the model protective order 28 provided under Magistrate Judge Patricia Donahue’s Procedures. Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 2 of 34 Page ID #:369

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 blanket protections on all disclosures or responses to discovery and that the protection 8 it affords from public disclosure and use extends only to the limited information or 9 items that are entitled to confidential treatment under the applicable legal principles. 10 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve personnel records of sworn peace officers, 13 medical records, private information for which special protection from public 14 disclosure and from use for any purpose other than prosecution of this action is 15 warranted. Such confidential and proprietary materials and information consist of, 16 among other things, information otherwise generally unavailable to the public, or 17 which may be privileged or otherwise protected from disclosure under state or federal 18 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 19 of information, to facilitate the prompt resolution of disputes over confidentiality of 20 discovery materials, to adequately protect information the parties are entitled to keep 21 confidential, to ensure that the parties are permitted reasonable necessary uses of such 22 material in preparation for and in the conduct of trial, to address their handling at the 23 end of the litigation, and serve the ends of justice, a protective order for such 24 information is justified in this matter. It is the intent of the parties that information will 25 not be designated as confidential for tactical reasons and that nothing be so 26 designated without a good faith belief that it has been maintained in a confidential, 27 non-public manner, and there is good cause why it should not be part of the public 28 record of this case. 2 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 3 of 34 Page ID #:370

1 2 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 3 The parties further acknowledge, as set forth in Section 12.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information under 5 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 6 standards that will be applied when a party seeks permission from the court to file 7 material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive motions, 10 good cause must be shown to support a filing under seal. See Kamakana v. City and 11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 13 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 14 cause showing), and a specific showing of good cause or compelling reasons with 15 proper evidentiary support and legal justification, must be made with respect to 16 Protected Material that a party seeks to file under seal. The parties’ mere designation 17 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 18 submission of competent evidence by declaration, establishing that the material sought 19 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 20 constitute good cause. 21 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the relief 23 sought shall be narrowly tailored to serve the specific interest to be protected. See 24 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 25 or type of information, document, or thing sought to be filed or introduced under seal 26 in connection with a dispositive motion or trial, the party seeking protection must 27 articulate compelling reasons, supported by specific facts and legal justification, for 28 the requested sealing order. Again, competent evidence supporting the application to 3 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 4 of 34 Page ID #:371

1 file documents under seal must be provided by declaration. 2 Any document that is not confidential, privileged, or otherwise protectable in its 3 entirety will not be filed under seal if the confidential portions can be redacted. If 4 documents can be redacted, then a redacted version for public viewing, omitting only 5 the confidential, privileged, or otherwise protectable portions of the document, shall 6 be filed. Any application that seeks to file documents under seal in their entirety should 7 include an explanation of why redaction is not feasible. 8 9 2. DEFINITIONS 10 2.1 Action: Clairece R. Andrus v. City of Los Angeles, et al.; CV22-00144- 11 FWS-PD 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation 13 of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for protection 16 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 17 Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 19 support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless of 24 the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 2.7 Expert: a person with specialized knowledge or experience in a matter 28 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 4 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 5 of 34 Page ID #:372

1 expert witness or as a consultant in this Action. 2 2.8 House Counsel: attorneys who are employees of a party to this Action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 2.9 Non-Party: any natural person, partnership, corporation, association, or 6 other legal entity not named as a Party to this action. 7 2.10 Outside Counsel of Record: attorneys who are not employees of a party 8 to this Action but are retained to represent or advise a party to this Action and have 9 appeared in this Action on behalf of that party or are affiliated with a law firm which 10 has appeared on behalf of that party, and includes support staff. 11 2.11 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation support 17 services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 19 their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only Protected 27 Material (as defined above), but also (1) any information copied or extracted from 28 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 6 of 34 Page ID #:373

1 Material; and (3) any testimony, conversations, or presentations by Parties or their 2 Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the trial 4 judge. This Order does not govern the use of Protected Material at trial. 5 6 4. DURATION 7 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 8 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 9 Except as set forth below, the terms of this protective order apply through FINAL 10 DISPOSITION of the action. The parties may stipulate that they will be contractually 11 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to 12 file a separate action for enforcement of the agreement once all proceedings in this case 13 are complete. 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 16 as an exhibit at trial becomes public and will be presumptively available to all members 17 of the public, including the press, unless compelling reasons supported by specific 18 factual findings to proceed otherwise are made to the trial judge in advance of the trial. 19 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 20 documents produced in discovery from “compelling reasons” standard when merits- 21 related documents are part of court record). Accordingly, for such materials, the terms 22 of this protective order do not extend beyond the commencement of the trial. 23

24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under this 27 Order must take care to limit any such designation to specific material that qualifies 28 6 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 7 of 34 Page ID #:374

1 under the appropriate standards. The Designating Party must designate for protection 2 only those parts of material, documents, items, or oral or written communications that 3 qualify so that other portions of the material, documents, items, or communications 4 for which protection is not warranted are not swept unjustifiably within the ambit of 5 this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations 7 that are shown to be clearly unjustified or that have been made for an improper purpose 8 (e.g., to unnecessarily encumber the case development process or to impose 9 unnecessary expenses and burdens on other parties) may expose the Designating Party 10 to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 designated for protection do not qualify for protection, that Designating Party must 13 promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this 15 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 16 or ordered, Disclosure or Discovery Material that qualifies for protection under this 17 Order must be clearly so designated before the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic documents, 20 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 21 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 22 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 23 portion or portions of the material on a page qualifies for protection, the Producing 24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 25 markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 28 which documents it would like copied and produced. During the inspection and before 7 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 8 of 34 Page ID #:375

1 the designation, all of the material made available for inspection shall be deemed 2 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 3 copied and produced, the Producing Party must determine which documents, or 4 portions thereof, qualify for protection under this Order. Then, before producing the 5 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 6 to each page that contains Protected Material. If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 9 (b) for testimony given in depositions that the Designating Party identify the 10 Disclosure or Discovery Material on the record, before the close of the deposition all 11 protected testimony. 12 (c) for information produced in some form other than documentary and for 13 any other tangible items, that the Producing Party affix in a prominent place on the 14 exterior of the container or containers in which the information is stored the legend 15 “CONFIDENTIAL.” If only a portion or portions of the information warrants 16 protection, the Producing Party, to the extent practicable, shall identify the protected 17 portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive the 20 Designating Party’s right to secure protection under this Order for such material. Upon 21 timely correction of a designation, the Receiving Party must make reasonable efforts 22 to assure that the material is treated in accordance with the provisions of this Order. 23 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s Scheduling 27 Order. 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 9 of 34 Page ID #:376

1 resolution process under Local Rule 37.1 et seq. 2 6.3 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper purpose 4 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 5 expose the Challenging Party to sanctions. Unless the Designating Party has waived or 6 withdrawn the confidentiality designation, all parties shall continue to afford the 7 material in question the level of protection to which it is entitled under the Producing 8 Party’s designation until the Court rules on the challenge. 9 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending, or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under the 15 conditions described in this Order. When the Action has been terminated, a Receiving 16 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the court or permitted in writing by the Designating Party, a 22 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 23 only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 25 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 26 disclose the information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) of the 28 Receiving Party to whom disclosure is reasonably necessary for this Action; 9 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 10 of 34 Page ID #:377

1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 14 not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 16 by the Designating Party or ordered by the court. Pages of transcribed deposition 17 testimony or exhibits to depositions that reveal Protected Material may be separately 18 bound by the court reporter and may not be disclosed to anyone except as permitted 19 under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 24 OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation that 26 compels disclosure of any information or items designated in this Action as 27 “CONFIDENTIAL,” that Party must: 28 10 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 11 of 34 Page ID #:378

1 (a) promptly notify in writing the Designating Party. Such notification shall 2 include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena or 5 order is subject to this Protective Order. Such notification shall include a copy of this 6 Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be pursued 8 by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 the subpoena or court order shall not produce any information designated in this action 11 as “CONFIDENTIAL” before a determination by the court from which the subpoena 12 or order issued, unless the Party has obtained the Designating Party’s permission. The 13 Designating Party shall bear the burden and expense of seeking protection in that court 14 of its confidential material and nothing in these provisions should be construed as 15 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 16 directive from another court. 17 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 19 BE PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a Non- 21 Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the remedies 23 and relief provided by this Order. Nothing in these provisions should be construed as 24 prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 confidential information, then the Party shall: 11 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 12 of 34 Page ID #:379

1 (1) promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a confidentiality agreement 3 with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the Non- 8 Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party may 11 produce the Non-Party’s confidential information responsive to the discovery request. 12 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 13 any information in its possession or control that is subject to the confidentiality 14 agreement with the Non-Party before a determination by the court. Absent a court order 15 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 16 in this court of its Protected Material. 17 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this 21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 22 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 23 all unauthorized copies of the Protected Material, (c) inform the person or persons to 24 whom unauthorized disclosures were made of all the terms of this Order, and (d) 25 request such person or persons to execute the “Acknowledgment and Agreement to Be 26 Bound” that is attached hereto as Exhibit A. 27 28 12 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 13 of 34 Page ID #:380

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted to 12 the court. 13 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the specific 25 Protected Material at issue. If a Party's request to file Protected Material under seal is 26 denied by the court, then the Receiving Party may file the information in the public 27 record unless otherwise instructed by the court. 28 13 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 14 of 34 Page ID #:381

1 2 13. FINAL DISPOSITION 3 After the final disposition of this Action, as defined in paragraph 4, within 60 4 days of a written request by the Designating Party, each Receiving Party must return 5 all Protected Material to the Producing Party or destroy such material. As used in this 6 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 7 summaries, and any other format reproducing or capturing any of the Protected 8 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 9 must submit a written certification to the Producing Party (and, if not the same person 10 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 11 category, where appropriate) all the Protected Material that was returned or destroyed 12 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 13 compilations, summaries or any other format reproducing or capturing any of the 14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 15 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 16 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 17 attorney work product, and consultant and expert work product, even if such materials 18 contain Protected Material. Any such archival copies that contain or constitute 19 Protected Material remain subject to this Protective Order as set forth in Section 4 20 (DURATION). 21 22 23 24 25 26 27 28 14 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 15 of 34 Page ID #:382

1 14. Any violation of this Order may be punished by any and all appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 DATED: April 27, 2022 7 8 Etan Z. Lorant 9 Etan Z. Lorant, Esq. 10 Attorneys for Plaintiff, CLAIRECE R. ANDRUS 11 12 DATED: April 27, 2022 13 14 Surekha A. Shepherd

15 Surekha A. Shepherd, Deputy City Attorney 16 Attorneys for Defendants, CITY OF LOS ANGELES, OFFICER ALDO RUIZ, 17 OFFICER WON KIM, and OFFICER MARK CARBONELL 18

19 DATED: April 27, 2022 20

21 //S// 22 Karen Joynt, Esq. 23 Attorneys for Defendant, COUNTY OF LOS ANGELES 24

25 /// 26 /// 27 /// 28 15 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 16 of 34 Page ID #:383

1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 DATED: _____________________ 4 5 _______________________________________ Patricia Donahue 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 17 of 34 Page ID #:384

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3 I, ________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of __________ [insert formal name of the case and the 8 number and initials assigned to it by the court]. I agree to comply with and to 9 be bound by all the terms of this Stipulated Protective Order and I understand and 10 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 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint ________________________ [print or 19 type full name] of _________ [print or type full address and telephone number] as 20 my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22

23 Date: __________________________ 24 City and State where sworn and signed: _____________________________ 25

26 Printed name: ____________________________________ 27

28 Signature: ________________________________ 17 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 18 of 34 Page ID #:385

1

2 3 4 5

6

7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11

12

CLAIRECE R. ANDRUS, CASE NO.: CV22-00144-FWS-PD

13 Individually and as a Successor-In- Hon. Fred W. Slaughter, Santa Ana, Ctrm 10D Mag. Patricia A. Donahue, Roybal 580 Interest to AMY MARIE 14 PALUBICKI, decedent, 15

16 Plaintiff, [PROPOSED] STIPULATED

PROTECTIVE ORDER1

17 vs.

18

CITY OF LOS ANGELES;

19 LAPD Officer RUIZ (Badge #44215);

20 LAPD Officer KIM (Badge #42236); LAPD Officer CARBONELL 21 (Unknown 22 Badge Number); COUNTY OF LOS ANGELES and DOE 1 through 10, 23 Inclusive, 24 Defendants. 25

26

27 1 This Stipulated Protective Order is substantially based on the model protective order 28 provided under Magistrate Judge Patricia Donahue’s Procedures. Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 19 of 34 Page ID #:386

1 GOOD CAUSE appearing, it is therefore ORDERED: 2 1. A. PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public disclosure 5 and from use for any purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 7 Stipulated Protective Order. The parties acknowledge that this Order does not confer 8 blanket protections on all disclosures or responses to discovery and that the protection 9 it affords from public disclosure and use extends only to the limited information or 10 items that are entitled to confidential treatment under the applicable legal principles. 11 12 B. GOOD CAUSE STATEMENT 13 This action is likely to involve personnel records of sworn peace officers, 14 medical records, private information for which special protection from public 15 disclosure and from use for any purpose other than prosecution of this action is 16 warranted. Such confidential and proprietary materials and information consist of, 17 among other things, information otherwise generally unavailable to the public, or 18 which may be privileged or otherwise protected from disclosure under state or federal 19 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 20 of information, to facilitate the prompt resolution of disputes over confidentiality of 21 discovery materials, to adequately protect information the parties are entitled to keep 22 confidential, to ensure that the parties are permitted reasonable necessary uses of such 23 material in preparation for and in the conduct of trial, to address their handling at the 24 end of the litigation, and serve the ends of justice, a protective order for such 25 information is justified in this matter. It is the intent of the parties that information will 26 not be designated as confidential for tactical reasons and that nothing be so 27 designated without a good faith belief that it has been maintained in a confidential, 28 2 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 20 of 34 Page ID #:387

1 non-public manner, and there is good cause why it should not be part of the public 2 record of this case. 3 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information under 7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 8 standards that will be applied when a party seeks permission from the court to file 9 material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 14 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 15 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 16 cause showing), and a specific showing of good cause or compelling reasons with 17 proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation 19 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 20 submission of competent evidence by declaration, establishing that the material sought 21 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 22 constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the relief 25 sought shall be narrowly tailored to serve the specific interest to be protected. See 26 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 27 or type of information, document, or thing sought to be filed or introduced under seal 28 in connection with a dispositive motion or trial, the party seeking protection must 3 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 21 of 34 Page ID #:388

1 articulate compelling reasons, supported by specific facts and legal justification, for 2 the requested sealing order. Again, competent evidence supporting the application to 3 file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in its 5 entirety will not be filed under seal if the confidential portions can be redacted. If 6 documents can be redacted, then a redacted version for public viewing, omitting only 7 the confidential, privileged, or otherwise protectable portions of the document, shall 8 be filed. Any application that seeks to file documents under seal in their entirety should 9 include an explanation of why redaction is not feasible. 10 11 2. DEFINITIONS 12 2.1 Action: Clairece R. Andrus v. City of Los Angeles, et al.; CV22-00144- 13 FWS-PD 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation 15 of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for protection 18 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 19 Statement. 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 support staff). 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless of 26 the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 28 generated in disclosures or responses to discovery in this matter. 4 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 22 of 34 Page ID #:389

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 3 expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a party 10 to this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm which 12 has appeared on behalf of that party, and includes support staff. 13 2.11 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.13 Professional Vendors: persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 21 their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 25 from a Producing Party. 26 27 3. SCOPE 28 The protections conferred by this Stipulation and Order cover not only Protected 5 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 23 of 34 Page ID #:390

1 Material (as defined above), but also (1) any information copied or extracted from 2 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 3 Material; and (3) any testimony, conversations, or presentations by Parties or their 4 Counsel that might reveal Protected Material. 5 Any use of Protected Material at trial shall be governed by the orders of the trial 6 judge. This Order does not govern the use of Protected Material at trial. 7 8 4. DURATION 9 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 10 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 11 Except as set forth below, the terms of this protective order apply through FINAL 12 DISPOSITION of the action. The parties may stipulate that they will be contractually 13 bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to 14 file a separate action for enforcement of the agreement once all proceedings in this case 15 are complete. 16 Once a case proceeds to trial, information that was designated as 17 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 18 as an exhibit at trial becomes public and will be presumptively available to all members 19 of the public, including the press, unless compelling reasons supported by specific 20 factual findings to proceed otherwise are made to the trial judge in advance of the trial. 21 See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 22 documents produced in discovery from “compelling reasons” standard when merits- 23 related documents are part of court record). Accordingly, for such materials, the terms 24 of this protective order do not extend beyond the commencement of the trial. 25

26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 6 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 24 of 34 Page ID #:391

1 Each Party or Non-Party that designates information or items for protection under this 2 Order must take care to limit any such designation to specific material that qualifies 3 under the appropriate standards. The Designating Party must designate for protection 4 only those parts of material, documents, items, or oral or written communications that 5 qualify so that other portions of the material, documents, items, or communications 6 for which protection is not warranted are not swept unjustifiably within the ambit of 7 this Order. 8 Mass, indiscriminate, or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified or that have been made for an improper purpose 10 (e.g., to unnecessarily encumber the case development process or to impose 11 unnecessary expenses and burdens on other parties) may expose the Designating Party 12 to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must 15 promptly notify all other Parties that it is withdrawing the inapplicable designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in this 17 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 18 or ordered, Disclosure or Discovery Material that qualifies for protection under this 19 Order must be clearly so designated before the material is disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, 22 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 23 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 24 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 25 portion or portions of the material on a page qualifies for protection, the Producing 26 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 27 markings in the margins). 28 A Party or Non-Party that makes original documents available for inspection 7 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 25 of 34 Page ID #:392

1 need not designate them for protection until after the inspecting Party has indicated 2 which documents it would like copied and produced. During the inspection and before 3 the designation, all of the material made available for inspection shall be deemed 4 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 5 copied and produced, the Producing Party must determine which documents, or 6 portions thereof, qualify for protection under this Order. Then, before producing the 7 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 8 to each page that contains Protected Material. If only a portion or portions of the 9 material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11 (b) for testimony given in depositions that the Designating Party identify the 12 Disclosure or Discovery Material on the record, before the close of the deposition all 13 protected testimony. 14 (c) for information produced in some form other than documentary and for 15 any other tangible items, that the Producing Party affix in a prominent place on the 16 exterior of the container or containers in which the information is stored the legend 17 “CONFIDENTIAL.” If only a portion or portions of the information warrants 18 protection, the Producing Party, to the extent practicable, shall identify the protected 19 portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 21 failure to designate qualified information or items does not, standing alone, waive the 22 Designating Party’s right to secure protection under this Order for such material. Upon 23 timely correction of a designation, the Receiving Party must make reasonable efforts 24 to assure that the material is treated in accordance with the provisions of this Order. 25 26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 28 designation of confidentiality at any time that is consistent with the Court’s Scheduling 8 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 26 of 34 Page ID #:393

1 Order. 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 3 resolution process under Local Rule 37.1 et seq. 4 6.3 The burden of persuasion in any such challenge proceeding shall be on 5 the Designating Party. Frivolous challenges, and those made for an improper purpose 6 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 7 expose the Challenging Party to sanctions. Unless the Designating Party has waived or 8 withdrawn the confidentiality designation, all parties shall continue to afford the 9 material in question the level of protection to which it is entitled under the Producing 10 Party’s designation until the Court rules on the challenge. 11 12 7. ACCESS TO AND USE OF PROTECTED MATERIAL 13 7.1 Basic Principles. A Receiving Party may use Protected Material that is 14 disclosed or produced by another Party or by a Non-Party in connection with this 15 Action only for prosecuting, defending, or attempting to settle this Action. Such 16 Protected Material may be disclosed only to the categories of persons and under the 17 conditions described in this Order. When the Action has been terminated, a Receiving 18 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 25 only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 27 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 28 disclose the information for this Action; 9 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 27 of 34 Page ID #:394

1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 16 not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 18 by the Designating Party or ordered by the court. Pages of transcribed deposition 19 testimony or exhibits to depositions that reveal Protected Material may be separately 20 bound by the court reporter and may not be disclosed to anyone except as permitted 21 under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, 23 mutually agreed upon by any of the parties engaged in settlement discussions. 24 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 26 OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation that 28 compels disclosure of any information or items designated in this Action as 10 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 28 of 34 Page ID #:395

1 “CONFIDENTIAL,” that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification shall 3 include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena or order to 5 issue in the other litigation that some or all of the material covered by the subpoena or 6 order is subject to this Protective Order. Such notification shall include a copy of this 7 Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be pursued 9 by the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with 11 the subpoena or court order shall not produce any information designated in this action 12 as “CONFIDENTIAL” before a determination by the court from which the subpoena 13 or order issued, unless the Party has obtained the Designating Party’s permission. The 14 Designating Party shall bear the burden and expense of seeking protection in that court 15 of its confidential material and nothing in these provisions should be construed as 16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 17 directive from another court. 18 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 20 BE PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non- 22 Party in this Action and designated as “CONFIDENTIAL.” Such information 23 produced by Non-Parties in connection with this litigation is protected by the remedies 24 and relief provided by this Order. Nothing in these provisions should be construed as 25 prohibiting a Non-Party from seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 produce a Non-Party’s confidential information in its possession, and the Party is 28 11 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 29 of 34 Page ID #:396

1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party 4 that some or all of the information requested is subject to a confidentiality agreement 5 with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the Non- 10 Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 15 any information in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. Absent a court order 17 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 18 in this court of its Protected Material. 19 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 24 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 25 all unauthorized copies of the Protected Material, (c) inform the person or persons to 26 whom unauthorized disclosures were made of all the terms of this Order, and (d) 27 request such person or persons to execute the “Acknowledgment and Agreement to Be 28 12 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 30 of 34 Page ID #:397

1 Bound” that is attached hereto as Exhibit A. 2 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other protection, 7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 9 may be established in an e-discovery order that provides for production without prior 10 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 11 parties reach an agreement on the effect of disclosure of a communication or 12 information covered by the attorney-client privilege or work product protection, the 13 parties may incorporate their agreement in the stipulated protective order submitted to 14 the court. 15 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 person to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in this 22 Stipulated Protective Order. Similarly, no Party waives any right to object on any 23 ground to use in evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 26 only be filed under seal pursuant to a court order authorizing the sealing of the specific 27 Protected Material at issue. If a Party's request to file Protected Material under seal is 28 13 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 31 of 34 Page ID #:398

1 denied by the court, then the Receiving Party may file the information in the public 2 record unless otherwise instructed by the court. 3 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must return 7 all Protected Material to the Producing Party or destroy such material. As used in this 8 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected 10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 11 must submit a written certification to the Producing Party (and, if not the same person 12 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 13 category, where appropriate) all the Protected Material that was returned or destroyed 14 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 15 compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 17 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 18 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 19 attorney work product, and consultant and expert work product, even if such materials 20 contain Protected Material. Any such archival copies that contain or constitute 21 Protected Material remain subject to this Protective Order as set forth in Section 4 22 (DURATION). 23 24 25 26 27 28 14 Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 32 of 34 Page ID #:399

1 14. Any violation of this Order may be punished by any and all appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 DATED: April 27, 2022 7 8 Etan Z. Lorant 9 Etan Z. Lorant, Esq. 10 Attorneys for Plaintiff, CLAIRECE R. ANDRUS 11 12 DATED: April 27, 2022 13 14 Surekha A. Shepherd 15 Surekha A. Shepherd, Deputy City Attorney 16 Attorneys for Defendants, CITY OF LOS ANGELES, OFFICER ALDO RUIZ, 17 OFFICER WON KIM, and OFFICER MARK CARBONELL 18 19 DATED: April 27, 2022 20 21 //S// 22 Karen Joynt, Esq. 23 Attorneys for Defendant, COUNTY OF LOS ANGELES 24 25 /// 26 /// 27 /// 28 15 Case 4:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 33 of 34 Page ID #:400

1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 3 || DATED: May 2, 2022 5 Piaticera Donati 6 Patric Trewehyes United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

Case 2:22-cv-00144-FWS-PD Document 41 Filed 05/02/22 Page 34 of 34 Page ID #:401

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3 I, ________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of __________ [insert formal name of the case and the 8 number and initials assigned to it by the court]. I agree to comply with and to 9 be bound by all the terms of this Stipulated Protective Order and I understand and 10 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 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint ________________________ [print or 19 type full name] of _________ [print or type full address and telephone number] as 20 my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22

23 Date: __________________________ 24 City and State where sworn and signed: _____________________________ 25

26 Printed name: ____________________________________ 27

28 Signature: ________________________________ 17