1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 MICHELLE CONTRERAS, an CASE NO. 2:19-cv-10897-DSF individual, (MAAx) 12 Plaintiff, [Assigned to Hon. Dale S. Fischer, 13 Courtroom "7D"] v. 14 DISCOVERY MATTER

COUNTY OF LOS ANGELES, LOS

15 ANGELES COUNTY SHERIFF'S PROTECTIVE ORDER

DEPARTMENT, DANIEL EVERTS, GOVERNING PRODUCTION OF

16 IN HIS INDIVIDUAL AND CONFIDENTIAL DISCOVERY

OFFICIAL CAPACITY, AND DOES 1 MATERIAL

17 TO 10,

18 Defendants.

19

20 I. PURPOSE AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential or 22 private information for which special protection from public disclosure and from use 23 for any purpose other than prosecuting this litigation may be warranted. 24 Accordingly, the parties hereby stipulate to and petition the Court to enter the 25 following Stipulated Protective Order (hereafter “this Order”). The parties 26 acknowledge that this Order does not confer blanket protections on all disclosures or 27 responses to discovery and that the protection it affords from public disclosure and 1 treatment under the applicable legal principles. 2 II. GOOD CAUSE STATEMENT 3 This action is likely to involve confidential information pertaining to 4 personnel records and other materials subject to privacy protections for which 5 special protection from public disclosure and from use for any purpose other than 6 prosecution of this action is warranted. Limiting disclosure of these documents to 7 the context of this litigation as provided herein will, accordingly, further important 8 law enforcement objectives and interests, including the safety of personnel and the 9 public, as well as individual privacy rights of plaintiff, the individual defendants, 10 and third parties. Such confidential materials and information consist of, among 11 other things, materials entitled to privileges and/or protections under the following: 12 the United States Constitution, First Amendment; the California Constitution, 13 Article I, Section 1; California Penal Code §§ 832.5, 832.7, and 832.8; California 14 Evidence Code §§ 1040 and 1043 et seq.; the Privacy Act of 1974, 5 U.S.C. § 552a; 15 Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 16 104-191, decisional law relating to such provisions; and information otherwise 17 generally unavailable to the public, or which may be privileged or otherwise 18 protected from disclosure under state or federal statutes, court rules, case decisions, 19 or common law. Defendants also contend that such confidential materials and 20 information consist of materials entitled to the Official Information Privilege. 21 Confidential information with respect to the Defendants may include but are 22 not be limited to: personnel files; internal investigative files and documents; email 23 and written correspondence records; and policies and procedures that are kept from 24 the public in the ordinary course of business, as well as other items subject to the 25 Official Information Privilege and other privileges. Confidential information with 26 respect to the Plaintiff may include but is not be limited to: employment and 27 financial records; email and written correspondence records; video footage and/or 1 notes, evaluations, reports, and treatment plans. 2 The parties reserve the right to challenge a designation of confidentiality 3 pursuant to the terms set forth under Paragraph 8 of this Order. 4 Accordingly, to expedite the flow of information, to facilitate the prompt 5 resolution of disputes over confidentiality of discovery materials, to adequately 6 protect information the parties are entitled to keep confidential, to ensure that the 7 parties are permitted to reasonably use such material in preparation for and in 8 conduct of trial, to address their handling at the end of the litigation, and serve the 9 ends of justice, a protective order for such information is justified in this matter. It 10 is the intent of the parties that information will not be designated as confidential for 11 tactical reasons and that nothing will be so designated without a good faith belief 12 that it has been maintained in a confidential, non-public manner, and there is good 13 cause why it should not be part of the public record of this case. 14 III. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 15 SEAL 16 The parties further acknowledge, as set forth in Section 14.3, below, that this 17 Order does not entitle them to file confidential information under seal; Local Civil 18 Rule 79-5 sets forth the applicable procedures and standards when a party seeks 19 permission from the court to file material under seal. 20 There is a strong presumption that the public has a right of access to judicial 21 proceedings and records in civil cases. In connection with non-dispositive motions, 22 good cause must be shown to support a filing under seal. See Kamakana v. City and 23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 25 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 26 require good cause showing), and a specific showing of good cause or compelling 27 reasons with proper evidentiary support and legal justification, must be made with 1 designation of material as “CONFIDENTIAL” does not—without the submission of 2 competent evidence by declaration, establishing that the material sought to be filed 3 under seal qualifies as confidential, privileged, or otherwise protectable—constitute 4 good cause. Further, if a party requests sealing related to dispositive motion or trial, 5 then compelling reasons, not only good cause, for the sealing must be shown, and 6 the relief sought shall be narrowly tailored to serve the specific interest to be 7 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 8 2010). 9 Any document that is not confidential, privileged, or otherwise protectable in 10 its entirety will not be filed under seal if the confidential portions can be redacted. 11 If documents can be redacted, then a redacted version for public viewing, omitting 12 only the confidential, privileged, or otherwise protectable portions of the document, 13 shall be filed. Any application that seeks to file documents under seal in their 14 entirety should include an explanation of why redaction is not feasible. 15 IV. DEFINITIONS 16 4.1 Action: Michelle Contreras v. County of Los Angeles, et al., Case No. 17 2:19-cv-10897-DSF (MAAx). 18 4.2 Challenging Party: a Party or Non-Party that challenges the designation 19 of information or items under this Order. 20 4.3 “CONFIDENTIAL” Information or Items: Information (regardless of 21 the medium or manner in which it is generated, stored, or maintained) or tangible 22 things that qualify for protection under Federal Rule of Civil Procedure 26(c), and 23 as specified above in the Good Cause Statement. 24 4.4 Counsel: General Counsel of Record and House Counsel (as well as 25 their support staff). 26 4.5 Designating Party: a Party or Non-Party that designated information or 27 items that it produces in disclosures or in responses to discovery as 1 4.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 4.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 4.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include General Counsel of Record or any other outside 10 counsel. 11 4.9 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 4.10 General Counsel of Record: attorneys who are not employees of a 14 party to this Action but are retained to represent or advice a party to this Action and 15 have appeared in this Action on behalf of that party or are affiliated with a law firm 16 that has appeared on behalf of that party, as well as their support staff. 17 4.11 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and General Counsel of Record (and their 19 support staffs). 20 4.12 Producing Party: a Party or Non-Party that makes a Disclosure or 21 produces Discovery Material in this Action. 22 4.13 Professional Vendors: persons or entities that provide litigation 23 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 4.14 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 1 Discovery Material to the Receiving Party. 2 4.15 Receiving Party: a Party that receives a Disclosure or Discovery 3 Material from a Producing Party. 4 V. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel (as defined by Sections 4.8 and 4.10) that 10 might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 trial judge. This Order does not govern the use of Protected Material at trial. 13 VI. DURATION 14 The confidentiality obligations imposed by this Order shall remain in effect 15 until Final Disposition of this case. “Final Disposition” shall be deemed to be the 16 later of (1) dismissal of all claims and defenses in this Action, with or without 17 prejudice; and (2) final judgment herein after the completion and exhaustion of all 18 appeals, rehearings, remands, trials, or reviews of this Action, including the time 19 limits for filing any motions or applications for extension of time pursuant to 20 applicable law. 21 VII. DESIGNATING PROTECTED MATERIAL 22 7.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection 24 under this Order must take care to limit any such designation to specific material 25 that qualifies under the appropriate standards. The Designating Party must 26 designate for protection only those parts of material, documents, items or oral or 27 written communications that qualify so that other portions of the material, 1 swept unjustifiably within the ambit of this Order. 2 Mass, indiscriminate, or routinized designations are prohibited. Designations 3 that are shown to be clearly unjustified or that have been made for an improper 4 purpose (e.g., to unnecessarily encumber the case development process or to impose 5 unnecessary expenses and burdens on other parties) may expose the Designating 6 Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 7.2 Manner and Timing of Designations. Except as otherwise provided in 11 this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise 12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 under this Order must be clearly so designated before the material is disclosed or 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” to each page that contains protected material. If only a portion 20 of the material on a page qualifies for protection, the Producing Party also must 21 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 22 margins). 23 A Party or Non-Party that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 1 documents, or portions thereof, qualify for protection under this Order. Then, 2 before producing the specified documents, the Producing Party must affix the 3 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 4 portion of the material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making appropriate markings 6 in the margins). 7 (b) for testimony given in depositions that the Designating Party identifies 8 the Disclosure or Discovery Material on the record, before the close of the 9 deposition all protected testimony. 10 (c) for information produced in some form other than documentary and for 11 any other tangible items, that the Producing Party affix in a prominent place on the 12 exterior of the container or containers in which the information is stored the legend 13 “CONFIDENTIAL.” If only a portion or portions of the information warrants 14 protection, the Producing Party, to the extent practicable, shall identify the protected 15 portion(s). 16 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive 18 the Designating Party’s right to secure protection under this Order for such material. 19 Upon timely correction of a designation, the Receiving Party must make reasonable 20 efforts to assure that the material is treated in accordance with the provisions of this 21 Order. 22 VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s 25 Scheduling Order. 26 8.2 Meet and Confer. The Challenging Party shall initiate the meet and 27 confer process outlined in Local Rule 37.1, et seq. and with Section 4 of Judge 1 Disputes”).1 2 8.3 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper 4 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 5 parties) may expose the Challenging Party to sanctions. Unless the Designating 6 Party has waived or withdrawn the confidentiality designation, all parties shall 7 continue to afford the material in question the level of protection to which it is 8 entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 IX. ACCESS TO AND USE OF PROTECTED MATERIAL 11 9.1 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 16 Receiving Party must comply with the provisions of Section VI, infra. 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 9.2 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 23 “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s General Counsel of Record in this Action, as well 25

26 1 Judge Audero’s Procedures are available at: https://www.cacd.uscourts.gov/honorable-maria- 27 audero 1 as employees of said General Counsel of Record to whom it is reasonably necessary 2 to disclose the information for this Action; 3 (b) the officers, directors, and employees (including House Counsel) of the 4 Receiving Party to whom disclosure is reasonably necessary for this Action; 5 (c) Experts of the Receiving Party to whom disclosure is reasonably 6 necessary for this Action and who have signed the “Acknowledgment and 7 Agreement to Be Bound,” attached and hereafter referred to as “Exhibit A.” 8 (d) the court and its personnel; 9 (e) court reporters and their staff; 10 (f) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed Exhibit A. 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (h) During their depositions, witnesses, and attorneys for witnesses, in the 16 Action to whom disclosure is reasonably necessary provided, and upon (1) the 17 deposing party’s request that the witness sign Exhibit A and (2) deponent’s 18 agreement that they will not keep any confidential information unless they sign 19 Exhibit A, unless otherwise agreed to by the Designating Party or ordered by the 20 court. Pages of transcribed deposition testimony or exhibits to depositions that 21 reveal Protected Material may be separately bound by the court reporter and may 22 not be disclosed to anyone except as permitted under this Order; and 23 (i) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 X. PROTECTED MATERIAL SUBPOENAED OR ORDERED 26 PRODUCED IN OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation 1 “CONFIDENTIAL,” that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification 3 shall include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena or order 5 to issue in the other litigation that some or all of the material covered by the 6 subpoena or order is subject to this Order. Such notification shall include a copy of 7 this 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 12 action as “CONFIDENTIAL” before a determination by the court from which the 13 subpoena or order issued, unless the Party has obtained the Designating Party’s 14 permission. The Designating Party shall bear the burden and expense of seeking 15 protection in that court of its confidential material. Nothing in these provisions 16 should be construed as authorizing or encouraging a Receiving Party in this Action 17 to disobey a lawful directive from another court. 18 XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as 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 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 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of this Order in this 5 Action, the relevant discovery request(s), and a reasonably specific description of 6 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 10 fourteen (14) days of receiving the notice and accompanying information, the 11 Receiving Party may produce the Non-Party’s confidential information responsive 12 to the discovery request. If the Non-Party timely seeks a protective order, the 13 Receiving Party shall not produce any information in its possession or control that is 14 subject to the confidentiality agreement with the Non-Party before a determination 15 by the court. Absent a court order to the contrary, the Non-Party shall bear the 16 burden and expense of seeking protection in this court of its Protected Material. 17 XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 19 Protected Material to any person or in any circumstance not authorized under this 20 Order, the Receiving Party must immediately (a) notify in writing the Designating 21 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 22 unauthorized copies of the Protected Material, (c) inform the person or persons to 23 whom unauthorized disclosures were made of all the terms of this Order, and (d) 24 request such person or persons to execute Exhibit A. 25 XIII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 26 PROTECTED MATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain 1 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 2 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 3 procedure may be established in an e-discovery order that provides for production 4 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 5 (e), insofar as the parties reach an agreement on the effect of disclosure of a 6 communication or information covered by the attorney-client privilege or work 7 product protection, the parties may incorporate their agreement in a subsequent 8 stipulation to the court. 9 XIV. MISCELLANEOUS 10 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the Court in the future. 12 14.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Order, no Party waives any right it otherwise would have to object to disclosing or 14 producing any information or item on any ground not addressed in this Order. 15 Similarly, no Party waives any right to object on any ground to use in evidence of 16 any of the material covered by this Order. 17 14.3 Filing Protected Material. A Party that seeks to file under seal any 18 Protected Material must comply with Local Civil Rule 79-5. Protected Material 19 may only be filed under seal pursuant to a court order authorizing the sealing of the 20 specific Protected Material at issue. If a Party’s request to file Protected Material 21 under seal is denied by the court, then the Receiving Party may file the information 22 in the public record unless otherwise instructed by the court. 23 XV. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in Section VI, supra, 25 within 60 days of a written request by the Designating Party, each Receiving Party 26 must return all Protected Material to the Producing Party or destroy such material. 27 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 1 || Protected Material. Whether the Protected Material is returned or destroyed, the 2 || Receiving Party must submit a written certification to the Producing Party (and, if 3 || not the same person or entity, to the Designating Party) by the 60 day deadline that 4||(1) identifies (by category, where appropriate) all the Protected Material that was 5 || returned or destroyed and (2) affirms that the Receiving Party has not retained any 6 || copies, abstracts, compilations, summaries or any other format reproducing or 7 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 8 ||are entitled to retain an archival copy of all pleadings, motion papers, trial, 2 9 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 10 || and trial exhibits, expert reports, attorney work product, and consultant and expert ge 11 || work product, even if such materials contain Protected Material. Any such archival sy 12 || copies that contain or constitute Protected Material remain subject to this Order as 13 || set forth in Section VI, supra. 38° 14||XvI. VIOLATION 15 Any violation of this Order may be punished by appropriate measures 16 || including, without limitation, contempt proceedings and/or monetary sanctions. || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 || DATED: 05/19/20 20 21 2 THE HONORAB IA A. AUDERO 3 UNITED STATES®AGISTRATE JUDGE

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California in the case of Michelle Contreras v. County of Los Angeles, et 8 al., Case No. 2:19-cv-10897-DSF (MAAx). I agree to comply with and to be bound 9 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 punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. I 14 further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. 17 18 Date: _________________________________ 19 20 City and State where sworn and signed: _________________________________ 21 22 Printed name: _________________________________ 23 24 Signature: _________________________________ 25 26 27