1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 RORYCE DIRDEN, EMT, CASE NO. CV20-00503DSF (AFMx) [Assigned: Hon. Dale S. Fischer 11 Magistrate: Alexander F. MacKinnon] Plaintiffs, 12 vs. 13 [PROPOSED] PROTECTIVE 14 CITY OF LOS ANGELES, a municipal ORDER RE: DISCLOSURE OF 15 corporation; THE LOS ANGELES CONFIDENTIAL INFORMATION

POLICE DEPARTMENT; LAPD

16 OFFICER SGT. PELAYO; LAPD

OFFICER VOCI; LAPD

17 COMMANDING ASSISTANT CORY PALKA, and DOES 1 through 50, 18 Inclusive, 19 20 Defendants. 21 22

ORDER ON STIPULATION

23 The Court, finding good cause, Orders as follows: 24 25 1. A. PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidential, 27 proprietary or private information for which special protection from public disclosure 28 1 and from use for any purpose other than prosecuting this litigation may be warranted. 2 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 3 Stipulated Protective Order. The parties acknowledge that this Order does not confer 4 blanket protections on all disclosures or responses to discovery and that the protection 5 it affords from public disclosure and use extends only to the limited information or 6 items that are entitled to confidential treatment under the applicable legal principles. 7

B. GOOD CAUSE STATEMENT

8 This action involves the City of Los Angeles and members of the Los Angeles 9 Police Department. Plaintiff is seeking materials and information that Defendants the 10 City of Los Angeles et al. (“City”) maintains as confidential, such as personnel files of 11 the police officers involved in this incident, Internal Affairs materials and information, 12 video recordings (including Body-Worn Video recordings and Digital In-Car Video 13 recordings), audio recordings, and information and other administrative materials and 14 information currently in the possession of the City and which the City believes need 15 special protection from public disclosure and from use for any purpose other than 16 prosecuting this litigation. Plaintiff is also seeking official information contained in the 17 personnel files of the police officers involved in the subject incident, which the City 18 maintains as strictly confidential and which the City believes need special protection 19 from public disclosure and from use for any purpose other than prosecuting this 20 litigation. 21 The City asserts that the confidentiality of the materials and information sought 22 by Plaintiff is recognized by California and federal law, as evidenced inter alia by 23 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal., 24 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City has not publicly 25 released the materials and information referenced above except under protective order 26 or pursuant to a court order, if at all. These materials and information are of the type 27 that has been used to initiate disciplinary action against Los Angeles Police Department 28 1 (“LAPD”) officers, and has been used as evidence in disciplinary proceedings, where 2 the officers’ conduct was considered to be contrary to LAPD policy. 3 The City contends that absent a protective order delineating the responsibilities 4 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 5 and undue disclosure by one or more of the many attorneys, secretaries, law clerks, 6 paralegals and expert witnesses involved in this case, as well as the corollary risk of 7 embarrassment, harassment and professional and legal harm on the part of the LAPD 8 officers referenced in the materials and information. 9 The City also contends that the unfettered disclosure of the materials and 10 information, absent a protective order, would allow the media to share this information 11 with potential jurors in the area, impacting the rights of the City herein to receive a fair 12 trial. 13 Accordingly, to expedite the flow of information, to facilitate the prompt 14 resolution of disputes over confidentiality of discovery materials, to adequately protect 15 information the parties are entitled to keep confidential, to ensure that the parties are 16 permitted reasonable necessary uses of such material in preparation for and in the 17 conduct of trial, to address their handling at the end of the litigation, and serve the ends 18 of justice, a protective order for such information is justified in this matter. It is the 19 intent of the parties that information will not be designated as confidential for tactical 20 reasons and that nothing be so designated without a good faith belief that it has been 21 maintained in a confidential, non-public manner, and there is good cause why it should 22 not be part of the public record of this case. 23 24 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 25 SEAL 26 The parties agree that any pleadings, motions, briefs, declarations, stipulations, 27 exhibits or other written submissions to the Court in this litigation which contain or 28 incorporate Confidential Material shall be lodged with an application and/or joint 1 stipulation to file the papers or the portion thereof containing the Confidential Material, 2 under seal. 3 The parties agree that they will meet and confer regarding the necessity of 4 seeking an order from the Court filing under seal any pleadings, motions, briefs, 5 declarations, stipulations, exhibits or other documents and/or materials at least five (5) 6 days prior to filing any application and/or joint stipulation to file under seal. 7 The parties further acknowledge, as set forth in Section 12.3, below, that this 8 Stipulated Protective Order does not automatically entitle them to file confidential 9 information under seal and that Local Civil Rule 79-5 sets forth the procedures that 10 must be followed and the standards that will be applied when a party seeks permission 11 from the Court to file material under seal. 12 13 2. DEFINITIONS 14 2.1 Action: Roryce Dirden, EMT, v. City of Los Angeles, et al. Case No. 15 CV20-00503 DSF (AFMx) 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for protection 20 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 21 Statement. This also includes (1) any information copied or extracted from the 22 Confidential information; (2) all copies, excerpts, summaries, abstracts or compilations 23 of Confidential information; and (3) any testimony, conversations, or presentations that 24 might reveal Confidential information. 25 2.4 Counsel: Counsel of record for the parties to this civil litigation and their 26 support staff. 27 28 1 2.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 10 expert witness or as a consultant in this Action. 11 2.8 Final Disposition: when this Action has been fully and completely 12 terminated by way of settlement, dismissal, trial and/or appeal. 13 2.9 House Counsel: attorneys other than Counsel (as defined in paragraph 14 2.4) and who are employees of a party to this Action. 15 2.10 Non-Party: any natural person, partnership, corporation, association or 16 other legal entity not named as a Party to this action. 17 2.11 Outside Counsel of Record: attorneys who are not employees of a party 18 to this Action but are retained to represent or advise a party to this Action and have 19 appeared in this Action on behalf of that party or are affiliated with a law firm that has 20 appeared on behalf of that party, and includes support staff. 21 2.12 Party: any party to this Action, including all of its officers, directors, 22 boards, departments, divisions, employees, consultants, retained experts, and Outside 23 Counsel of Record (and their support staffs). 24 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 25 2.14 Professional Vendors: persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 28 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 2 their employees and subcontractors. 3 2.15 Protected Material: any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL.” 5 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 6 from a Producing Party. 7 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only Protected 9 Material (as defined above), but also (1) any information copied or extracted from 10 Protected Material; (2) all copies, excerpts, abstracts, summaries, or compilations of 11 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 12 their Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the trial 14 judge. This Order does not govern the use of Protected Material at trial. 15 4. DURATION 16 Once a trial commences in this Action, information that was designated as 17 CONFIDENTIAL or maintained pursuant to this protective order and that is introduced 18 or admitted as an exhibit at trial becomes public and will be presumptively available to 19 all members of the public, including the press, unless compelling reasons supported by 20 specific factual findings to proceed otherwise are made to the trial judge in advance of 21 the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th 22 Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 23 discovery from “compelling reasons” standard when merits-related documents are part 24 of court record). Accordingly, the terms of this protective order do not extend beyond 25 the commencement of the trial as to the CONFIDENTIAL information and materials 26 introduced or admitted as an exhibit at trial. 27 /// 28 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that qualifies 5 under the appropriate standards. The Designating Party must designate for protection 6 only those parts of material, documents, items or oral or written communications that 7 qualify so that other portions of the material, documents, items or communications for 8 which protection is not warranted are not swept unjustifiably within the ambit of this 9 Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations that 11 are shown to be clearly unjustified or that have been made for an improper purpose 12 (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating Party 14 to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 19 5.2 Manner and Timing of Designations. Except as otherwise provided in 20 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 21 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 22 under this Order must be clearly so designated before the material is disclosed or 23 produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic documents, 26 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 27 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of a 28 similar effect, and that includes the case name and case number (hereinafter 1 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 2 portion of the material on a page qualifies for protection, the Producing Party also must 3 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 4 margins). 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and before 8 the designation, all of the material made available for inspection shall be deemed 9 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 10 copied and produced, the Producing Party must determine which documents, or 11 portions thereof, qualify for protection under this Order. Then, before producing the 12 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to 13 each page that contains Protected Material. If only a portion of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected 15 portion(s) (e.g., by making appropriate markings in the margins). 16 (b) for testimony given in depositions that the Designating Party identifies the 17 Disclosure or Discovery Material on the record, before the close of the deposition all 18 protected testimony. 19 (c) for information produced in some form other than documentary and for any 20 other tangible items, that the Producing Party affix in a prominent place on the exterior 21 of the container or containers in which the information is stored the legend 22 “CONFIDENTIAL.” If only a portion or portions of the information warrants 23 protection, the Producing Party, to the extent practicable, shall identify the protected 24 portion(s). 25 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive the 28 Designating Party’s right to secure protection under this Order for such material. Upon 1 timely correction of a designation, the Receiving Party must make reasonable efforts to 2 assure that the material is treated in accordance with the provisions of this Order. 3 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 designation of confidentiality at any time that is consistent with the Court’s Scheduling 7 Order. 8 9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 10 resolution process under Local Rule 37.1 et seq. 11 6.3 The burden of persuasion in any such challenge proceeding shall be on the 12 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 13 to harass or impose unnecessary expenses and burdens on other parties) may expose the 14 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 15 the confidentiality designation, all parties shall continue to afford the material in 16 question the level of protection to which it is entitled under the Producing Party’s 17 designation until the Court rules on the challenge. 18 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that is 21 disclosed or produced by another Party or by a Non-Party in connection with this Action 22 only for prosecuting, defending or attempting to settle this Action. Such Protected 23 Material may be disclosed only to the categories of persons and under the conditions 24 described in this Order. When the Action has been terminated, a Receiving Party must 25 comply with the provisions of section 13 below (FINAL DISPOSITION). 26 Protected Material must be stored and maintained by a Receiving Party at a 27 location and in a secure manner that ensures that access is limited to the persons 28 authorized under this Order. 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 4 only to: 5 (a) the Receiving Party’s Counsel of Record in this Action, as well as employees 6 of said Counsel of Record to whom it is reasonably necessary to disclose the 7 information for this Action; 8 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure 9 is reasonably necessary for this Action and who have signed the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A); 11 (c) the court and its personnel; 12 (e) court reporters and their staff; 13 (e) professional jury or trial consultants, mock jurors, and Professional Vendors 14 to whom disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (f) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; 18 (g) during their depositions, witnesses, and attorneys for witnesses, in the Action 19 to whom disclosure is reasonably necessary provided: (1) the deposing party requests 20 that the witness sign the form attached as Exhibit “A” hereto; and (2) they will not be 21 permitted to keep any confidential information unless they sign the “Acknowledgment 22 and Agreement to Be Bound” (Exhibit “A”), unless otherwise agreed by the 23 Designating Party or ordered by the court. Pages of transcribed deposition testimony 24 or exhibits todepositions that reveal Protected Material may be separately bound by the 25 court reporter and may not be disclosed to anyone except as permitted under this 26 Stipulated Protective Order; and 27 28 1 (h) any mediator or settlement officer, and their supporting personnel, mutually 2 agreed upon by any of the parties engaged in settlement discussions and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 4 7.3. Counsel making the disclosure to any qualified person described herein 5 shall retain the original executed copy of the Nondisclosure Agreement until sixty (60) 6 days after this litigation has become final, including any appellate review, and 7 monitoring of an injunction. Counsel for the Receiving Party shall maintain all signed 8 Nondisclosure Agreements and shall produce the original signature page upon 9 reasonable written notice from opposing counsel. If an issue arises regarding a 10 purported unauthorized disclosure of Confidential Information, upon noticed motion of 11 contempt filed by the Designating Party, counsel for the Receiving Party may be 12 required to file the signed Nondisclosure Agreements, as well as a list of the disclosed 13 materials, in camera with the Court having jurisdiction of the Stipulation. 14 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 16 IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation that 18 compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall 25 include a copy of this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by 27 the Designating Party whose Protected Material may be affected. 28 1 The Party served with the subpoena or court order shall not produce any 2 information designated in this action as “CONFIDENTIAL”, unless the Party has 3 obtained the Designating Party’s permission or an order from the court from which the 4 subpoena or order issued. Nothing in these provisions should be construed as 5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 6 directive from another court. 7 8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a Non- 11 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 12 by Non-Parties in connection with this litigation is protected by the remedies and relief 13 provided by this Order. Nothing in these provisions should be construed as prohibiting 14 a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce 16 a Non-Party’s confidential information in its possession, and the Party is subject to an 17 agreement with the Non-Party not to produce the Non-Party’s confidential information, 18 then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party that 20 some or all of the information requested is subject to a confidentiality agreement 21 with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 Protective Order in this Action, the relevant discovery request(s), and a 24 reasonably specific description of the information requested; and 25 (3) make the information requested available for inspection by the Non- 26 Party, if requested. 27 (c) If the Non-Party fails to seek a protective order from this court within 14 28 days of receiving the notice and accompanying information, the Receiving Party may 1 produce the Non-Party’s confidential information responsive to the discovery request. 2 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 3 any information in its possession or control that is subject to the confidentiality 4 agreement with the Non-Party before a determination by the court. Absent a court order 5 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 6 in this court of its Protected Material. 7 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this 11 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 12 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 13 all unauthorized copies of the Protected Material, (c) inform the person or persons to 14 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 15 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 16 that is attached hereto as Exhibit A. 17 18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other protection, 22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 24 may be established in an e-discovery order that provides for production without prior 25 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 26 parties reach an agreement on the effect of disclosure of a communication or 27 information covered by the attorney-client privilege or work product protection, the 28 1 parties may incorporate their agreement in the stipulated protective order submitted to 2 the court. 3 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the specific 15 Protected Material at issue. If a Party’s request to file Protected Material under seal is 16 denied by the court, then the Receiving Party may file the information in the public 17 record unless otherwise instructed by the court. 18 19 13. FINAL DISPOSITION 20 After the FINAL DISPOSITION of this Action, as defined in paragraph 2.8, 21 within 30 days of a written request by the Designating Party, each Receiving Partymust 22 return all Protected Material to the Producing Party. As used in this subdivision, “all 23 Protected Material” includes all copies, abstracts, compilations, summaries, and any 24 other format reproducing or capturing any of the Protected Material. The Receiving 25 Party must submit a written certification to the Producing Party (and, if not the same 26 person or entity, to the Designating Party) by the 30 day deadline that (1) identifies (by 27 category, where appropriate) all the Protected Material that was returned and (2) affirms 28 || that the Receiving Party has not retained any copies, abstracts, compilations, summaries 2 any other format reproducing or capturing any of the Protected Material. 3 4||14. VIOLATION 5 Any violation of this Order may be punished by appropriate measures including, 6 || without limitation, contempt proceedings and/or monetary sanctions. 7 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 9 Dated: August 4, 2020, ENGSTROM, LIPSCOMB & LACK 10 11 By: __/s/

STEPHEN J. LIPSCOMB

12 Attorneys for Plaintiff, RORYCE DIRDEN, EMT 13 ll Dated: August 4, 2020 14 MICHAEL N. FEUER, City Attorney KATHLEEN A. KENEALY, Chief Asst City Atty 15 SCOTT MARCUS, Senior Assistant City Attorney 16 CORY M. BRENTE, Senior Assistant City Attorney 17 By:__/S/ Ty A. Ford 18 TY A. FORD, Deputy City Attorney Attorneys for Defendants, CITY OF LOS ANGELES, 19 LOS ANGELES POLICE DEPARTMENT, DAVID 50 VOCI and CORY PALKA

Dated: August 4, 2020, HURRELL CANTRALL LLP 22 By:__/s/ Farid Sharaby 73 FARID SHARABY, ESQ. 44 Attorneys for Defendant, SGT. JEANNETTE PELAYO IT IS SO ORDERED. (tly MWfox & ° 29 Dated: 8/17/2020 By: 26 HONORABLE ALEXANDER F. MACKINNON 27 UNITED STATES MAGISTRATE JUDGE 28

1 ATTACHMENT “A”

NONDISCLOSURE AGREEMENT

2 3 I, __________________________do solemnly swear that I am fully familiar 4 with the terms of the Protective Order entered in Roryce Dirden, EMT v. City of Los 5 Angeles, et al.,United States District Court for the Central District of California, Central 6 Division, Case No. CV20-00503DSF (AFMx), and hereby agree to comply with and be 7 bound by the terms and conditions of said Order. I hereby consent to the jurisdiction of 8 the United States District Court for the Central District of California for purposes of 9 enforcing this Order. 10 11 Dated: Signed: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28