1 Erin Darling, State Bar No. 259724

LAW OFFICES OF ERIN DARLING

2 Erin@ErinDarlingLaw.com 3435 Wilshire Blvd. Suite 2910 3 Los Angeles, CA 90010 4 Tel. (323) 736-2230 5 Attorney for Plaintiffs Daisy Reyna, as an individual, 6 Mariah Montes, as Guardian Ad Litem for 7 D.S. and Z.S., two minors 8 9 UNITED STATES DISTRICT COURT 10

CENTRAL DISTRICT OF CALIFORNIA

11 12 DAISY REYNA, as an individual, Case No. 2:19-cv-2629-PA-MAA MARIAH MONTES, as Guardian Ad 13 Litem for D.S. and Z.S., two minors, 14 Plaintiffs, PROTECTIVE ORDER 15 GOVERNING PRODUCTION OF v. “CONFIDENTIAL 16 INFORMATION”

COUNTY OF LOS ANGELES,

17

DEPARTMENT OF CHILDREN AND

18 FAMILY SERVICES, DCFS SOCIAL

WORKERS MICHELE LOYA-

19 CHHABRA, KAREN VANCE, and

DOES 1-10,

20 21 Defendants. 22 23 24 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of 3 confidential, proprietary, or private information for which special protection 4 from public disclosure and from use for any purpose other than prosecuting 5 this litigation may be warranted. Accordingly, the parties hereby stipulate 6 7 to and petition the Court to enter the following Stipulated Protective Order. 8 The parties acknowledge that this Order does not confer blanket protections 9 on all disclosures or responses to discovery and that the protection it affords 10 from public disclosure and use extends only to the limited information or 11 items that are entitled to confidential treatment under the applicable legal 12 principles. The parties further acknowledge, as set forth in Section XIII(C), 13 14 below, that this Stipulated Protective Order does not entitle them to file 15 confidential information under seal; Civil Local Rule 79-5 sets forth the 16 procedures that must be followed and the standards that will be applied 17 when a party seeks permission from the Court to file material under seal. 18

II. GOOD CAUSE STATEMENT

19 A. This action is likely to involve juvenile court records and/or private 20 21 information pertaining to minors for which special protection from public 22 disclosure and from use for any purpose other than prosecution of this 23 action is warranted. Such confidential and proprietary materials and 24 1 information consist of, among other things, confidential juvenile court 2 records, information otherwise generally unavailable to the public, or which 3 may be privileged or otherwise protected from disclosure under state or 4 federal statutes, court rules, case decisions, or common law. Accordingly, 5 to expedite the flow of information, to facilitate the prompt resolution of 6 7 disputes over confidentiality of discovery materials, to adequately protect 8 information the parties are entitled to keep confidential, to ensure that the 9 parties are permitted reasonable necessary uses of such material in 10 preparation for and in the conduct of trial, to address their handling at the 11 end of the litigation, and serve the ends of justice, a protective order for 12 such information is justified in this matter. It is the intent of the parties that 13 14 information will not be designated as confidential for tactical reasons and 15 that nothing be so designated without a good faith belief that it has been 16 maintained in a confidential, non-public manner, and there is good cause 17 why it should not be part of the public record of this case. 18

III. ACKNOWLEDEMENT OF PROCEDURE FOR FILING UNDER

19

SEAL

20 21 The parties further acknowledge, as set forth in Section 14.3, below, that 22 this Order does not entitle them to file confidential information under seal; Local 23 Civil Rule 79-5 sets forth the procedures that must be followed and the standards 24 1 that will be applied when a party seeks permission from the court to file material 2 under seal. There is a strong presumption that the public has a right of access to 3 judicial proceedings and records in civil cases. In connection with non-dispositive 4 motions, good cause must be shown to support a filing under seal. See Kamakana 5 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 6 7 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 8 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 9 protective orders require good cause showing), and a specific showing of good 10 cause or compelling reasons with proper evidentiary support and legal 11 justification, must be made with respect to material that a party seeks to file under 12 seal. The parties’ mere designation of material as “CONFIDENTIAL” does not— 13 14 without the submission of competent evidence by declaration, establishing that the 15 material sought to be filed under seal qualifies as confidential, privileged, or 16 otherwise protectable— constitute good cause. Further, if a party requests sealing 17 related to dispositive motion or trial, then compelling reasons, not only good 18 cause, for the sealing must be shown, and the relief sought shall be narrowly 19 tailored to serve the specific interest to be protected. See Pintos v. Pacific 20 21 Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of 22 information, document, or thing sought to be filed or introduced under seal in 23 connection with a dispositive motion or trial, the party seeking protection must 24 1 articulate compelling reasons, supported by specific facts and legal justification, 2 for the requested sealing order. Again, competent evidence supporting the 3 application to file documents under seal must be provided by declaration. Any 4 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 7 documents can be redacted, then a redacted version for public viewing, omitting 8 only the confidential, privileged, or otherwise protectable portions of the 9 document, shall be filed. Any application that seeks to file documents under seal 10 in their entirety should include an explanation of why redaction is not feasible. 11

IV. DEFINITIONS

12 A. Action: [This pending federal law suit]. 13 14 B. Challenging Party: A Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 C. “CONFIDENTIAL” Information or Items: Information (regardless 17 of how it is generated, stored or maintained) or tangible things that qualify 18 for protection under Federal Rule of Civil Procedure 26(c), and as specified 19 above in the Good Cause Statement. 20 21 D. Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 24 1 E. Designating Party: A Party or Non-Party that designates information 2 or items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 F. Disclosure or Discovery Material: All items or information, 5 regardless of the medium or manner in which it is generated, stored, or 6 7 maintained (including, among other things, testimony, transcripts, and 8 tangible things), that are produced or generated in disclosures or responses 9 to discovery in this matter. 10 G. Expert: A person with specialized knowledge or experience in a 11 matter pertinent to the litigation who has been retained by a Party or its 12 counsel to serve as an expert witness or as a consultant in this Action. 13 14 H. House Counsel: Attorneys who are employees of a party to this 15 Action. House Counsel does not include Outside Counsel of Record or any 16 other outside counsel. 17

I. Non-Party: Any natural person, partnership, corporation, association,

18 or other legal entity not named as a Party to this action. 19 J. Outside Counsel of Record: Attorneys who are not employees of a 20 21 party to this Action but are retained to represent or advise a party to this 22 Action and have appeared in this Action on behalf of that party or are 23 24 1 affiliated with a law firm which has appeared on behalf of that party, and 2 includes support staff. 3 K. Party: Any party to this Action, including all of its officers, 4 directors, employees, consultants, retained experts, and Outside Counsel of 5 Record (and their support staffs). 6 7 L. Producing Party: A Party or Non-Party that produces Disclosure or 8 Discovery Material in this Action. 9 M. Professional Vendors: Persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing 11 exhibits or demonstrations, and organizing, storing, or retrieving data in any 12 form or medium) and their employees and subcontractors. 13 14 N. Protected Material: Any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL.” 16 O. Receiving Party: A Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18

IV. SCOPE

19 A. The protections conferred by this Stipulation and Order cover not 20 21 only Protected Material (as defined above), but also (1) any information 22 copied or extracted from Protected Material; (2) all copies, excerpts, 23 summaries, or compilations of Protected Material; and (3) any testimony, 24 1 conversations, or presentations by Parties or their Counsel that might reveal 2 Protected Material. 3 B. Any use of Protected Material at trial shall be governed by the orders 4 of the trial judge. This Order does not govern the use of Protected Material at 5 trial. 6 7 V. DURATION 8 Even after final disposition of this litigation, the confidentiality obligations 9 imposed by this Order shall remain in effect until a Designating Party 10 agrees otherwise in writing or a court order otherwise directs. Final 11 disposition shall be deemed to be the later of (1) dismissal of all claims and 12 defenses in this Action, with or without prejudice; and (2) final judgment 13 14 herein after the completion and exhaustion of all appeals, rehearings, 15 remands, trials, or reviews of this Action, including the time limits for filing 16 any motions or applications for extension of time pursuant to applicable 17 law. 18

VI. DESIGNATING PROTECTED MATERIAL

19 A. Exercise of Restraint and Care in Designating Material for Protection 20 21 1. Each Party or Non-Party that designates information or items 22 for protection under this Order must take care to limit any such 23 designation to specific material that qualifies under the appropriate 24 1 standards. The Designating Party must designate for protection only 2 those parts of material, documents, items, or oral or written 3 communications that qualify so that other portions of the material, 4 documents, items, or communications for which protection is not 5 warranted are not swept unjustifiably within the ambit of this Order. 6 7 2. Mass, indiscriminate, or routinized designations are prohibited. 8 Designations that are shown to be clearly unjustified or that have 9 been made for an improper purpose (e.g., to unnecessarily encumber 10 the case development process or to impose unnecessary expenses and 11 burdens on other parties) may expose the Designating Party to 12 sanctions. 13 14 3. If it comes to a Designating Party’s attention that information 15 or items that it designated for protection do not qualify for protection, 16 that Designating Party must promptly notify all other Parties that it is 17 withdrawing the inapplicable designation. 18 B. Manner and Timing of Designations 19 1. Except as otherwise provided in this Order (see, e.g., Section 20 21 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 22 Discovery Material that qualifies for protection under this Order must 23 be clearly so designated before the material is disclosed or produced. 24 1 2. Designation in conformity with this Order requires the 2 following: 3 a. For information in documentary form (e.g., paper or 4 electronic documents, but excluding transcripts of depositions 5 or other pretrial or trial proceedings), that the Producing Party 6 7 affix at a minimum, the legend “CONFIDENTIAL” 8 (hereinafter “CONFIDENTIAL legend”), to each page that 9 contains protected material. If only a portion or portions of the 10 material on a page qualifies for protection, the Producing Party 11 also must clearly identify the protected portion(s) (e.g., by 12 making appropriate markings in the margins). 13 14 b. A Party or Non-Party that makes original documents 15 available for inspection need not designate them for protection 16 until after the inspecting Party has indicated which documents 17 it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for 19 inspection shall be deemed “CONFIDENTIAL.” After the 20 21 inspecting Party has identified the documents it wants copied 22 and produced, the Producing Party must determine which 23 documents, or portions thereof, qualify for protection under 24 1 this Order. Then, before producing the specified documents, 2 the Producing Party must affix the “CONFIDENTIAL legend” 3 to each page that contains Protected Material. If only a portion 4 or portions of the material on a page qualifies for protection, 5 the Producing Party also must clearly identify the protected 6 7 portion(s) (e.g., by making appropriate markings in the 8 margins). 9 c. For testimony given in depositions, that the Designating 10 Party identify the Disclosure or Discovery Material on the 11 record, before the close of the deposition all protected 12 testimony. 13 14 d. For information produced in form other than document 15 and for any other tangible items, that the Producing Party affix 16 in a prominent place on the exterior of the container or 17 containers in which the information is stored the legend 18 “CONFIDENTIAL.” If only a portion or portions of the 19 information warrants protection, the Producing Party, to the 20 21 extent practicable, shall identify the protected portion(s). 22 C. Inadvertent Failure to Designate 23 24 1 1. If timely corrected, an inadvertent failure to designate qualified 2 information or items does not, standing alone, waive the Designating 3 Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must 5 make reasonable efforts to assure that the material is treated in 6 7 accordance with the provisions of this Order. 8 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 A. Timing of Challenges 10 1. Any party or Non-Party may challenge a designation of 11 confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 13 14 B. Meet and Confer 15 1. The Challenging Party shall initiate the dispute resolution 16 process under Local Rule 37.1 et seq. 17 C. The burden of persuasion in any such challenge proceeding shall be 18 on the Designating Party. Frivolous challenges, and those made for an 19 improper purpose (e.g., to harass or impose unnecessary expenses and 20 21 burdens on other parties) may expose the Challenging Party to sanctions. 22 Unless the Designating Party has waived or withdrawn the confidentiality 23 designation, all parties shall continue to afford the material in question the 24 1 level of protection to which it is entitled under the Producing Party’s 2 designation until the Court rules on the challenge. 3

VIII. ACCESS TO AND USE OF PROTECTED MATERIAL

4 A. Basic Principles 5 1. A Receiving Party may use Protected Material that is disclosed 6 7 or produced by another Party or by a Non-Party in connection with 8 this Action only for prosecuting, defending, or attempting to settle 9 this Action. Such Protected Material may be disclosed only to the 10 categories of persons and under the conditions described in this 11 Order. When the Action has been terminated, a Receiving Party must 12 comply with the provisions of Section XIV below. 13 14 2. Protected Material must be stored and maintained by a 15 Receiving Party at a location and in a secure manner that ensures that 16 access is limited to the persons authorized under this Order. 17 B. Disclosure of “CONFIDENTIAL” Information or Items 18 1. Unless otherwise ordered by the Court or permitted in writing 19 by the Designating Party, a Receiving Party may disclose any 20 21 information or item designated “CONFIDENTIAL” only to: 22 a. The Receiving Party’s Outside Counsel of Record in this 23 Action, as well as employees of said Outside Counsel of 24 1 Record to whom it is reasonably necessary to disclose the 2 information for this 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 7 c. Experts (as defined in this Order) of the Receiving Party 8 to whom disclosure is reasonably necessary for this Action and 9 who have signed the “Acknowledgment and Agreement to Be 10 Bound” (Exhibit A); 11 d. The Court and its personnel; 12 e. Court reporters and their staff; 13 14 f. Professional jury or trial consultants, mock jurors, and 15 Professional Vendors to whom disclosure is reasonably 16 necessary or this Action and who have signed the 17 “Acknowledgment and Agreement to be Bound” attached as 18 Exhibit A hereto; 19 g. The author or recipient of a document containing the 20 21 information or a custodian or other person who otherwise 22 possessed or knew the information; 23 24 1 h. During their depositions, witnesses, and attorneys for 2 witnesses, in the Action to whom disclosure is reasonably 3 necessary provided: (i) the deposing party requests that the 4 witness sign the “Acknowledgment and Agreement to Be 5 Bound;” and (ii) they will not be permitted to keep any 6 7 confidential information unless they sign the 8 “Acknowledgment and Agreement to Be Bound,” unless 9 otherwise agreed by the Designating Party or ordered by the 10 Court. Pages of transcribed deposition testimony or exhibits to 11 depositions that reveal Protected Material may be separately 12 bound by the court reporter and may not be disclosed to 13 14 anyone except as permitted under this Stipulated Protective 15 Order; and 16 i. Any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged 18 in settlement discussions. 19

IX. PROTECTED MATERIAL SUPOENAED OR ORDERED

20 21 PRODUCED IN OTHER LITIGATION 22 23 24 1 A. If a Party is served with a subpoena or a court order issued in other 2 litigation that compels disclosure of any information or items designated in 3 this Action as “CONFIDENTIAL,” that Party must: 4 1. Promptly notify in writing the Designating Party. Such 5 notification shall include a copy of the subpoena or court order; 6 7 2. Promptly notify in writing the party who caused the subpoena 8 or order to issue in the other litigation that some or all of the material 9 covered by the subpoena or order is subject to this Protective Order. 10 Such notification shall include a copy of this Stipulated Protective 11 Order; and 12 3. Cooperate with respect to all reasonable procedures sought to 13 14 be pursued by the Designating Party whose Protected Material may 15 be affected. 16 B. If the Designating Party timely seeks a protective order, the Party 17 served with the subpoena or court order shall not produce any information 18 designated in this action as “CONFIDENTIAL” before a determination by 19 the Court from which the subpoena or order issued, unless the Party has 20 21 obtained the Designating Party’s permission. The Designating Party shall 22 bear the burden and expense of seeking protection in that court of its 23 confidential material and nothing in these provisions should be construed as 24 1 authorizing or encouraging a Receiving Party in this Action to disobey a 2 lawful directive from another court. 3

X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

4

PRODUCED IN THIS LITIGATION

5 A. The terms of this Order are applicable to information produced by a 6 7 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 8 information produced by Non-Parties in connection with this litigation is 9 protected by the remedies and relief provided by this Order. Nothing in 10 these provisions should be construed as prohibiting a Non-Party from 11 seeking additional protections. 12 B. In the event that a Party is required, by a valid discovery request, to 13 14 produce a Non-Party’s confidential information in its possession, and the 15 Party is subject to an agreement with the Non-Party not to produce the Non- 16 Party’s confidential information, then the Party shall: 17 1. Promptly notify in writing the Requesting Party and the Non- 18 Party that some or all of the information requested is subject to a 19 confidentiality agreement with a Non-Party; 20 21 2. Promptly provide the Non-Party with a copy of the Stipulated 22 Protective Order in this Action, the relevant discovery request(s), and 23 a reasonably specific description of the information requested; and 24 1 3. Make the information requested available for inspection by the 2 Non-Party, if requested. 3 C. If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information 6 7 responsive to the discovery request. If the Non-Party timely seeks a 8 protective order, the Receiving Party shall not produce any information in 9 its possession or control that is subject to the confidentiality agreement with 10 the Non-Party before a determination by the court. Absent a court order to 11 the contrary, the Non-Party shall bear the burden and expense of seeking 12 protection in this court of its Protected Material. 13 14 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 16 disclosed Protected Material to any person or in any circumstance not 17 authorized under this Stipulated Protective Order, the Receiving Party must 18 immediately (1) notify in writing the Designating Party of the unauthorized 19 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 20 21 Protected Material, (3) inform the person or persons to whom unauthorized 22 disclosures were made of all the terms of this Order, and (4) request such 23 24 1 person or persons to execute the “Acknowledgment and Agreement to be 2 Bound” that is attached hereto as Exhibit A. 3

XII. INADVERTENT PRODUCTION OF PRIVILEGED OR

4

OTHERWISE PROTECTED MATERIAL

5 A. When a Producing Party gives notice to Receiving Parties that certain 6 7 inadvertently produced material is subject to a claim of privilege or other 8 protection, the obligations of the Receiving Parties are those set forth in 9 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 10 to modify whatever procedure may be established in an e-discovery order 11 that provides for production without prior privilege review. Pursuant to 12 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 13 14 agreement on the effect of disclosure of a communication or information 15 covered by the attorney-client privilege or work product protection, the 16 parties may incorporate their agreement in the Stipulated Protective Order 17 submitted to the Court. 18

XIII. MISCELLANEOUS

19 A. Right to Further Relief 20 21 1. Nothing in this Order abridges the right of any person to seek 22 its modification by the Court in the future. 23 B. Right to Assert Other Objections 24 1 1. By stipulating to the entry of this Protective Order, no Party 2 waives any right it otherwise would have to object to disclosing or 3 producing any information or item on any ground not addressed in 4 this Stipulated Protective Order. Similarly, no Party waives any right 5 to object on any ground to use in evidence of any of the material 6 7 covered by this Protective Order. 8 C. Filing Protected Material 9 1. A Party that seeks to file under seal any Protected Material 10 must comply with Civil Local Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the 12 sealing of the specific Protected Material at issue. If a Party's request 13 14 to file Protected Material under seal is denied by the Court, then the 15 Receiving Party may file the information in the public record unless 16 otherwise instructed by the Court. 18 A. After the final disposition of this Action, as defined in Section V, 19 within sixty (60) days of a written request by the Designating Party, each 20 21 Receiving Party must return all Protected Material to the Producing Party or 22 destroy such material. As used in this subdivision, “all Protected Material” 23 includes all copies, abstracts, compilations, summaries, and any other 24 1 format reproducing or capturing any of the Protected Material. Whether the 2 Protected Material is returned or destroyed, the Receiving Party must 3 submit a written certification to the Producing Party (and, if not the same 4 person or entity, to the Designating Party) by the 60 day deadline that (1) 5 identifies (by category, where appropriate) all the Protected Material that 6 7 was returned or destroyed and (2) affirms that the Receiving Party has not 8 retained any copies, abstracts, compilations, summaries or any other format 9 reproducing or capturing any of the Protected Material. Notwithstanding 10 this provision, Counsel are entitled to retain an archival copy of all 11 pleadings, motion papers, trial, deposition, and hearing transcripts, legal 12 memoranda, correspondence, deposition and trial exhibits, expert reports, 13 14 attorney work product, and consultant and expert work product, even if 15 such materials contain Protected Material. Any such archival copies that 16 contain or constitute Protected Material remain subject to this Protective 17 Order as set forth in Section V. 18 B. Any violation of this Order may be punished by any and all 19 appropriate measures including, without limitation, contempt proceedings 20 21 and/or monetary sanctions. 22 23

24 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

2 Dated: 3

HONORABLE PERCY ANDERSON

4 United States District Judge

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2 I, [print or type full name], of 3 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 issue by the United States District Court for the Central District of California 7 on [DATE] in the case of [insert formal name of 8 the case and the number and initials assigned to it by the Court]. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order 10 11 and I understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I 13 will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance 15 with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 18 Court for the Central District of California for the purpose of enforcing the terms 19 of this Stipulated Protective Order, even if such enforcement proceedings occur 20 after termination of this action. I hereby appoint 21 [print or type full name] of [print or type full 22 address and telephone number] as my California agent for service of process in 23 24 1 connection with this action or any proceedings related to enforcement of this 2 Stipulated Protective Order. 3 Date: 4 City and State where sworn and signed: 5 Printed Name: 6 7 Signature: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24