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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 ISAAC GARCIA, an individual, ) Case No.: 8:19-cv-01168-JVS-JDEx ) 13 ) Plaintiff, ) STIPULATED PROTECTIVE 14 ) ) ORDER 15 v. ) ) 16 ) CITY OF SANTA ANA, a public entity; ) 17 SIGNATURE BAIL BONDS, a business ) ) entity, form unknown; LUIS MIER, an 18 ) individual; and DOES 1 to 10, inclusive, ) 19 ) ) 20 Defendants. ) ) ) 21 ) ) 22 ) ) 23 )

24 25 Based on the Stipulation of the parties (Dkt. 42), the Court finds and orders 26 as follows: 27 / / / 28 / / / 1 I. 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 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section XIII(C), below, that this Stipulated Protective Order does not entitle them 12 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the Court to file material under seal. 15 II. GOOD CAUSE STATEMENT 16 This action is likely to involve the production of documents that include police 17 officer personnel records and other documents that arguably fall under official 18 information privilege or other privacy privileges and otherwise protected from 19 disclosure under state or federal statutes, court rules, case decisions, or common law. 20 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 21 of disputes over confidentiality of discovery materials, to adequately protect 22 information the parties are entitled to keep confidential, to ensure that the parties are 23 permitted reasonable necessary uses of such material in preparation for and in the 24 conduct of trial, to address their handling at the end of the litigation, and serve the 25 ends of justice, a protective order for such information is justified in this matter. It 26 is the intent of the parties that information will not be designated as confidential for 27 tactical reasons and that nothing be so designated without a good faith belief that it 28 1 has been maintained in a confidential, non-public manner, and there is good cause 2 why it should not be part of the public record of this case. 3 III. DEFINITIONS 4 A. Action: The adjudication of Isaac Garcia’s legal claims against the City 5 of Santa Ana, Officer Dan Park, Officer Saul Esquivel, Officer Diego Lopez, Daniel 6 Escamilla, Signature Bail Bonds, Luis Mier, Don’s Bail Bonds, and Donald Mehr. 7 B. Challenging Party: A Party or Non-Party that challenges the 8 designation of information or items under this Order. 9 C. “CONFIDENTIAL” Information or Items: Information (regardless of 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 D. Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 E. Designating Party: A Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 F. Disclosure or Discovery Material: All items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are produced or 21 generated in disclosures or responses to discovery in this matter. 22 G. Expert: A person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve as 24 an expert witness or as a consultant in this Action. 25 H. House Counsel: Attorneys who are employees of a party to this Action. 26 House Counsel does not include Outside Counsel of Record or any other outside 27 counsel. 28 1 I. Non-Party: Any natural person, partnership, corporation, association, 2 or other legal entity not named as a Party to this action. 3 J. Outside Counsel of Record: Attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 K. Party: Any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 L. Producing Party: A Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 M. Professional Vendors: Persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 N. Protected Material: Any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 O. Receiving Party: A Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 IV. SCOPE 21 A. The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 B. Any use of Protected Material at trial shall be governed by the orders 27 of the trial judge. This Order does not govern the use of Protected Material at trial. 28 /// 1 V. DURATION 2 Once the action proceeds to trial, all of the information that was designated as 3 confidential or maintained pursuant to this Protective Order becomes public and will 4 be presumptively available to all members of the public, including the press, unless 5 compelling reasons supported by specific factual findings to proceed otherwise are 6 made to the trial judge in advance of the trial. See Kamakana v. City and County of 7 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 8 showing for sealing documents produced in discovery from “compelling reasons” 9 standard when merits-related documents are part of court record). Accordingly, the 10 terms of this Protective Order do not extend beyond the commencement of the trial. 11 VI. DESIGNATING PROTECTED MATERIAL 12 A. Exercise of Restraint and Care in Designating Material for Protection: 13 1. Each Party or Non-Party that designates information or items for 14 protection under this Order must take care to limit any such 15 designation to specific material that qualifies under the appropriate 16 standards. The Designating Party must designate for protection only 17 those parts of material, documents, items, or oral or written 18 communications that qualify so that other portions of the material, 19 documents, items, or communications for which protection is not 20 warranted are not swept unjustifiably within the ambit of this Order. 21 2. Mass, indiscriminate, or routinized designations are prohibited. 22 Designations that are shown to be clearly unjustified or that have 23 been made for an improper purpose (e.g., to unnecessarily encumber 24 the case development process or to impose unnecessary expenses 25 and burdens on other parties) may expose the Designating Party to 26 sanctions. 27 3. If it comes to a Designating Party’s attention that information or 28 items that it designated for protection do not qualify for protection, 1 that Designating Party must promptly notify all other Parties that it 2 is withdrawing the inapplicable designation. 3 B. Manner and Timing of Designations: 4 1. Except as otherwise provided in this Order (see, e.g., Section 5 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 6 Discovery Material that qualifies for protection under this Order 7 must be clearly so designated before the material is disclosed or 8 produced. 9 2. Designation in conformity with this Order requires the following: 10 a. For information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other 12 pretrial or trial proceedings), that the Producing Party affix at a 13 minimum, the legend “CONFIDENTIAL” (hereinafter 14 “CONFIDENTIAL legend”), to each page that contains 15 protected material. If only a portion or portions of the material 16 on a page qualifies for protection, the Producing Party also must 17 clearly identify the protected portion(s) (e.g., by making 18 appropriate markings in the margins). 19 b. A Party or Non-Party that makes original documents available 20 for inspection need not designate them for protection until after 21 the inspecting Party has indicated which documents it would like 22 copied and produced. During the inspection and before the 23 designation, all of the material made available for inspection 24 shall be deemed “CONFIDENTIAL.” After the inspecting Party 25 has identified the documents it wants copied and produced, the 26 Producing Party must determine which documents, or portions 27 thereof, qualify for protection under this Order. Then, before 28 producing the specified documents, the Producing Party must 1 affix the “CONFIDENTIAL legend” to each page that contains 2 Protected Material. If only a portion or portions of the material 3 on a page qualifies for protection, the Producing Party also must 4 clearly identify the protected portion(s) (e.g., by making 5 appropriate markings in the margins). 6 c. For testimony given in depositions, that the Designating Party 7 identify the Disclosure or Discovery Material on the record, 8 before the close of the deposition all protected testimony. 9 d. For information produced in form other than document and for 10 any other tangible items, that the Producing Party affix in a 11 prominent place on the exterior of the container or containers in 12 which the information is stored the legend “CONFIDENTIAL.” 13 If only a portion or portions of the information warrants 14 protection, the Producing Party, to the extent practicable, shall 15 identify the protected portion(s). 16 C. Inadvertent Failure to Designate: 17 1. If timely corrected, an inadvertent failure to designate qualified 18 information or items does not, standing alone, waive the 19 Designating Party’s right to secure protection under this Order for 20 such material. Upon timely correction of a designation, the 21 Receiving Party must make reasonable efforts to assure that the 22 material is treated in accordance with the provisions of this Order. 23 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 A. Timing of Challenges: 25 1. Any party or Non-Party may challenge a designation of 26 confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 /// 1 B. Meet and Confer: 2 1. The Challenging Party shall initiate the dispute resolution process 3 under Local Rule 37.1 et seq. 4 C. The burden of persuasion in any such challenge proceeding shall be on 5 the Designating Party. Frivolous challenges, and those made for an improper 6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 7 parties) may expose the Challenging Party to sanctions. Unless the Designating Party 8 has waived or withdrawn the confidentiality designation, all parties shall continue to 9 afford the material in question the level of protection to which it is entitled under the 10 Producing Party’s designation until the Court rules on the challenge. 11 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 12 A. Basic Principles: 13 1. A Receiving Party may use Protected Material that is disclosed or 14 produced by another Party or by a Non-Party in connection with this 15 Action only for prosecuting, defending, or attempting to settle this 16 Action. Such Protected Material may be disclosed only to the 17 categories of persons and under the conditions described in this Order. 18 When the Action has been terminated, a Receiving Party must comply 19 with the provisions of Section XIV below. 20 2. Protected Material must be stored and maintained by a Receiving Party 21 at a location and in a secure manner that ensures that access is limited 22 to the persons authorized under this Order. 23 B. Disclosure of “CONFIDENTIAL” Information or Items: 24 1. Unless otherwise ordered by the Court or permitted in writing by the 25 Designating Party, a Receiving Party may disclose any information or 26 item designated “CONFIDENTIAL” only to: 27 a. The Receiving Party’s Outside Counsel of Record in this Action, 28 as well as employees of said Outside Counsel of Record to whom 1 it is reasonably necessary to disclose the information for this 2 Action; 3 b. The officers, directors, and employees (including House 4 Counsel) of the Receiving Party to whom disclosure is 5 reasonably necessary for this Action; 6 c. Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” 9 (Exhibit A); 10 d. The Court and its personnel; 11 e. Court reporters and their staff; 12 f. Professional jury or trial consultants, mock jurors, and 13 Professional Vendors to whom disclosure is reasonably 14 necessary or this Action and who have signed the 15 “Acknowledgment and Agreement to be Bound” attached as 16 Exhibit A hereto; 17 g. The author or recipient of a document containing the information 18 or a custodian or other person who otherwise possessed or knew 19 the information; 20 h. During their depositions, witnesses, and attorneys for witnesses, 21 in the Action to whom disclosure is reasonably necessary 22 provided: (i) the deposing party requests that the witness sign the 23 “Acknowledgment and Agreement to Be Bound;” and (ii) they 24 will not be permitted to keep any confidential information unless 25 they sign the “Acknowledgment and Agreement to Be Bound,” 26 unless otherwise agreed by the Designating Party or ordered by 27 the Court. Pages of transcribed deposition testimony or exhibits 28 to depositions that reveal Protected Material may be separately 1 bound by the court reporter and may not be disclosed to anyone 2 except as permitted under this Stipulated Protective Order; and 3 i. Any mediator or settlement officer, and their supporting 4 personnel, mutually agreed upon by any of the parties engaged 5 in settlement discussions. 6 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED 7 A. If a Party is served with a subpoena or a court order issued in other 8 litigation that compels disclosure of any information or items designated in this 9 Action as “CONFIDENTIAL,” that Party must: 10 1. Promptly notify in writing the Designating Party. Such notification 11 shall include a copy of the subpoena or court order; 12 2. Promptly notify in writing the party who caused the subpoena or order 13 to issue in the other litigation that some or all of the material covered 14 by the subpoena or order is subject to this Protective Order. Such 15 notification shall include a copy of this Stipulated Protective Order; and 16 3. Cooperate with respect to all reasonable procedures sought to be 17 pursued by the Designating Party whose Protected Material may be 18 affected. 19 B. If the Designating Party timely seeks a protective order, the Party 20 served with the subpoena or court order shall not produce any information 21 designated in this action as “CONFIDENTIAL” before a determination by the Court 22 from which the subpoena or order issued, unless the Party has obtained the 23 Designating Party’s permission. The Designating Party shall bear the burden and 24 expense of seeking protection in that court of its confidential material and nothing 25 in these provisions should be construed as authorizing or encouraging a Receiving 26 Party in this Action to disobey a lawful directive from another court. 27 /// 28 /// 1 X. 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 that 13 some or all of the information requested is subject to a confidentiality 14 agreement 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 17 reasonably specific description of the information requested; and 18 3. Make the information requested available for inspection by the Non- 19 Party, if requested. 20 C. If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the Receiving Party 22 may produce the Non-Party’s confidential information responsive to the discovery 23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 24 not 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. 28 /// 1 XI. 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 (1) notify in 5 writing the Designating Party of the unauthorized disclosures, (2) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (3) inform the person 7 or persons to whom unauthorized disclosures were made of all the terms of this 8 Order, and (4) request such person or persons to execute the “Acknowledgment and 9 Agreement to be Bound” that is attached hereto as Exhibit A. 10 XII. 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 18 the 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 XIII. MISCELLANEOUS 23 A. Right to Further Relief: 24 1. Nothing in this Order abridges the right of any person to seek its 25 modification by the Court in the future. 26 B. Right to Assert Other Objections: 27 1. By stipulating to the entry of this Protective Order, no Party waives any 28 right it otherwise would have to object to disclosing or producing any 1 information or item on any ground not addressed in this Stipulated 2 Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this 4 Protective Order. 5 C. Filing Protected Material: 6 1. A Party that seeks to file under seal any Protected Material must comply 7 with Civil Local Rule 79-5. Protected Material may only be filed under 8 seal pursuant to a court order authorizing the sealing of the specific 9 Protected Material at issue. If a Party's request to file Protected Material 10 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 12 Court. 13 XIV. FINAL DISPOSITION 14 A. After the final disposition of this Action, as defined in Section V, within 15 sixty (60) days of a written request by the Designating Party, each Receiving Party 16 must return all Protected Material to the Producing Party or destroy such material. 17 18 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 19 compilations, summaries, and any other format reproducing or capturing any of the 20 Protected Material. Whether the Protected Material is returned or destroyed, the 21 22 Receiving Party must submit a written certification to the Producing Party (and, if 23 not the same person or entity, to the Designating Party) by the 60 day deadline that 24 (1) identifies (by category, where appropriate) all the Protected Material that was 25 26 returned or destroyed and (2) affirms that the Receiving Party has not retained any 27 copies, abstracts, compilations, summaries or any other format reproducing or 28 1 || entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial 3 4 exhibits, expert reports, attorney work product, and consultant and expert work 5 || product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order 7 g || as set forth in Section V. 9 B. — Any violation of this Order may be punished by any and all appropriate 10 . . . oe . measures including, without limitation, contempt proceedings and/or monetary 11 Sanctions. 13 14 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 || October 21, 2019 if de 17 -

J D. EARLY

18 hited States Magistrate Judge 19 20 21 22 23 24 25 26 27 28

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1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2 I, [print or type full name], of 3 [print or type full address], declare under penalty of perjury that 4 I have read in its entirety and understand the Stipulated Protective Order that was 5 issue by the United States District Court for the Central District of California on 6 October 21, 2019, in the case of Isaac Garcia v. City of Santa Ana, et al., 8:19- 7 01168-JVS-JDEx. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 8 comply could expose me to sanctions and punishment in the nature of contempt. I 9 solemnly promise that I will not disclose in any manner any information or item 10 that is subject to this Stipulated Protective Order to any person or entity except in 11 strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court 13 for the Central District of California for the purpose of enforcing the terms of this 14 Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print or 15 type full name] of [print or type full address and 16 telephone number] as my California agent for service of process in connection with 17 this action or any proceedings related to enforcement of this Stipulated Protective 18 Order. 19 Date: 20 City and State where sworn and signed: 21 Printed Name: 22 Signature: 23 24