1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SAHARRA M. WHITE, as guardian ad litem of A.T., Case No.: 2-19-cv-04669-DSF-RAO 12 13 Plaintiff, 14 15 vs. STIPULATED PROTECTIVE ORDER1 16 LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, and 17 DOES 1-100, 18 Defendants. 19

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21 1. A. PURPOSES AND LIMITATIONS 22 23 Discovery in this action is likely to involve production of confidential, 24 proprietary or private information for which special protection from public 25 1 This Stipulated Protective Order is substantially based on the model protective 26 order provided under Magistrate Judge Rozella A. Oliver’s Procedures. 27 -1- 28 1 disclosure and from use for any purpose other than prosecuting this litigation may 2 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 3 enter the following Stipulated Protective Order. The parties acknowledge that this 4 Order does not confer blanket protections on all disclosures or responses to 5 discovery and that the protection it affords from public disclosure and use extends 6 7 only to the limited information or items that are entitled to confidential treatment 8 under the applicable legal principles. 9 B. GOOD CAUSE STATEMENT 10 This action is likely to involve confidential and privileged information, 11 which includes, but is not limited to, peace officer personnel files and internal 12 affairs investigations. 13 14 Accordingly, to expedite the flow of information, to facilitate the prompt 15 resolution of disputes over confidentiality of discovery materials, to adequately 16 protect information the parties are entitled to keep confidential, to ensure that the 17 parties are permitted reasonable necessary uses of such material in preparation for 18 and in the conduct of trial, to address their handling at the end of the litigation, and 19 serve the ends of justice, a protective order for such information is justified in this 20 21 matter. It is the intent of the parties that information will not be designated as 22 confidential for tactical reasons and that nothing be so designated without a good 23 faith belief that it has been maintained in a confidential, non-public manner, and 24 there is good cause why it should not be part of the public record of this case. 25

26 27 -2- 28 1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 2 The parties further acknowledge, as set forth in Section 12.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information 4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 5 and the standards that will be applied when a party seeks permission from the court 6 7 to file material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive motions, 10 good cause must be shown to support a filing under seal. See Kamakana v. City 11 and County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. 12 Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 13 14 Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated protective 15 orders require good cause showing), and a specific showing of good cause or 16 compelling reasons with proper evidentiary support and legal justification, must be 17 made with respect to Protected Material that a party seeks to file under seal. The 18 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 19 does not—without the submission of competent evidence by declaration, 20 21 establishing that the material sought to be filed under seal qualifies as confidential, 22 privileged, or otherwise protectable—constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, 24 then compelling reasons, not only good cause, for the sealing must be shown, and 25 the relief sought shall be narrowly tailored to serve the specific interest to be 26 27 -3- 28 1 protected. See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2 2010). For each item or type of information, document, or thing sought to be filed 3 or introduced under seal in connection with a dispositive motion or trial, the party 4 seeking protection must articulate compelling reasons, supported by specific facts 5 and legal justification, for the requested sealing order. Again, competent evidence 6 7 supporting the application to file documents under seal must be provided by 8 declaration. 9 Any document that is not confidential, privileged, or otherwise protectable 10 in its entirety will not be filed under seal if the confidential portions can be 11 redacted. If documents can be redacted, then a redacted version for public viewing, 12 omitting only the confidential, privileged, or otherwise protectable portions of the 13 14 document, shall be filed. Any application that seeks to file documents under seal 15 in their entirety should include an explanation of why redaction is not feasible. 16 2. DEFINITIONS 17 2.1 Action: this pending federal lawsuit. 18 2.2 Challenging Party: a Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 21 2.3 “CONFIDENTIAL” Information or Items: information 22 (regardless of how it is generated, stored or maintained) or tangible things that 23 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 24 above in the Good Cause Statement. 25 26 27 -4- 28 1 2.4 Counsel: Outside Counsel of Record and House Counsel (as 2 well as their support staff). 3 2.5 Designating Party: a Party or Non-Party that designates 4 information or items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL.” 6 7 2.6 Disclosure or Discovery Material: all items or information, 8 regardless of the medium or manner in which it is generated, stored, or maintained 9 (including, among other things, testimony, transcripts, and tangible things), that are 10 produced or generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a 12 matter pertinent to the litigation who has been retained by a Party or its counsel to 13 14 serve as an expert witness or as a consultant in this Action. 15 2.8 House Counsel: attorneys who are employees of a party to this 16 Action. House Counsel does not include Outside Counsel of Record or any other 17 outside counsel. 18 2.9 Non-Party: any natural person, partnership, corporation, 19 association or other legal entity not named as a Party to this action. 20 21 2.10 Outside Counsel of Record: attorneys who are not employees of 22 a party to this Action but are retained to represent or advise a party to this Action 23 and have appeared in this Action on behalf of that party or are affiliated with a law 24 firm that has appeared on behalf of that party, and includes support staff. 25 26 27 -5- 28 1 2.11 Party: any party to this Action, including all of its officers, 2 directors, employees, consultants, retained experts, and Outside Counsel of Record 3 (and their support staffs). 4 2.12 Producing Party: a Party or Non-Party that produces Disclosure 5 or Discovery Material in this Action. 6 7 2.13 Professional Vendors: persons or entities that provide litigation 8 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 9 demonstrations, and organizing, storing, or retrieving data in any form or medium) 10 and their employees and subcontractors. 11 2.14 Protected Material: any Disclosure or Discovery Material that is 12 designated as “CONFIDENTIAL.” 13 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. Any 23 use of Protected Material at trial shall be governed by the orders of the trial judge. 24 This Order does not govern the use of Protected Material at trial. 25

26 27 -6- 28 1 4. DURATION 2 Once a case proceeds to trial, information that was designated as 3 CONFIDENTIAL or maintained pursuant to this protective order used or 4 introduced as an exhibit at trial becomes public and will be presumptively available 5 to all members of the public, including the press, unless compelling reasons 6 7 supported by specific factual findings to proceed otherwise are made to the trial 8 judge in advance of the trial. See Kamakana,

(distinguishing 9 “good cause” showing for sealing documents produced in discovery from 10 “compelling reasons” standard when merits-related documents are part of court 11 record). Accordingly, the terms of this protective order do not extend beyond the 12 commencement of the trial. 13 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each Party or Non-Party that designates information or items for protection 17 under this Order must take care to limit any such designation to specific material 18 that qualifies under the appropriate standards. The Designating Party must 19 designate for protection only those parts of material, documents, items or oral or 20 21 written communications that qualify so that other portions of the material, 22 documents, items or communications for which protection is not warranted are not 23 swept unjustifiably within the ambit of this Order. 24 Mass, indiscriminate or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper 26 27 -7- 28 1 purpose (e.g., to unnecessarily encumber the case development process or to impose 2 unnecessary expenses and burdens on other parties) may expose the Designating 3 Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. 9 Except as otherwise provided in this Order (see, e.g., second paragraph of 10 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 11 Discovery Material that qualifies for protection under this Order must be clearly so 12 designated before the material is disclosed or produced. 13 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix at a minimum, the legend 18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 19 contains protected material. If only a portion of the material on a page qualifies for 20 21 protection, the Producing Party also must clearly identify the protected portion(s) 22 (e.g., by making appropriate markings in the 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 27 -8- 28 1 before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 3 documents it wants copied and produced, the Producing Party must determine 4 which documents, or portions thereof, qualify for protection under this Order. 5 Then, before producing the specified documents, the Producing Party must affix the 6 7 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 8 portion of the material on a page qualifies for protection, the Producing Party also 9 must clearly identify the protected portion(s) (e.g., by making appropriate markings 10 in the margins). 11 (b) for testimony given in depositions that the Designating Party 12 identifies the Disclosure or Discovery Material on the record, before the close of 13 14 the deposition all protected testimony. 15 (c) for information produced in some form other than documentary 16 and for any other tangible items, that the Producing Party affix in a prominent place 17 on the exterior of the container or containers in which the information is stored the 18 legend “CONFIDENTIAL.” If only a portion or portions of the information 19 warrants protection, the Producing Party, to the extent practicable, shall identify the 20 21 protected portion(s). 22 5.3 Inadvertent Failures to Designate. 23 If timely corrected, an inadvertent failure to designate qualified information 24 or items does not, standing alone, waive the Designating Party’s right to secure 25 protection under this Order for such material. 26 27 -9- 28 1 Upon timely correction of a designation, the Receiving Party must make 2 reasonable efforts to assure that the material is treated in accordance with the 3 provisions of this Order. 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 7 designation of confidentiality at any time that is consistent with the Court’s 8 Scheduling Order. 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 12 the Designating Party. Frivolous challenges, and those made for an improper 13 14 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 15 parties) may expose the Challenging Party to sanctions. Unless the Designating 16 Party has waived or withdrawn the confidentiality designation, all parties shall 17 continue to afford the material in question the level of protection to which it is 18 entitled under the Producing Party’s designation until the Court rules on the 19 challenge. 20 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party shall not use Protected Material 23 that is disclosed or produced by another Party or by a Non-Party in connection with 24 this Action for any purpose other than prosecuting, defending or attempting to settle 25 this Action. Such Protected Material may be disclosed only to the categories of 26 27 -10- 28 1 persons and under the conditions described in this Order. When the Action has 2 been terminated, a Receiving Party must comply with the provisions of section 13 3 below (FINAL DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a 5 location and in a secure manner that ensures that access is limited to the persons 6 7 authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party is permitted to disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, 13 14 as well as employees of said Outside Counsel of Record to whom it is reasonably 15 necessary to disclose the information for this Action; 16 (b) the officers, directors, and employees (including House 17 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 18 Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to 20 21 whom disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff; 25 26 27 -11- 28 1 (f) professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this Action 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (g) the author or recipient of a document containing the information 6 7 or a custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, 9 in the Action to whom disclosure is reasonably necessary provided: (1) the 10 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 11 and (2) they will not be permitted to keep any confidential information unless they 12 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 13 14 otherwise agreed by the Designating Party or ordered by the court. Pages of 15 transcribed deposition testimony or exhibits to depositions that reveal Protected 16 Material may be separately bound by the court reporter and may not be disclosed to 17 anyone except as permitted under this Stipulated Protective Order; and 18 (i) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 22 PRODUCED IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL,” that Party must: 26 27 -12- 28 1 (a) promptly notify in writing the Designating Party. Such notification 2 shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall 6 7 include a copy of this Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be 9 pursued 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 14 subpoena or order issued, unless the Party has obtained the Designating Party’s 15 permission. The Designating Party shall bear the burden and expense of seeking 16 protection in that court of its confidential material and nothing in these provisions 17 should be construed as authorizing or encouraging a Receiving Party in this Action 18 to disobey a lawful directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 21 PRODUCED IN THIS LITIGATION 22 (a) The terms of this Order are applicable to information produced by a Non- 23 Party in this Action and designated as “CONFIDENTIAL.” Such information 24 produced by Non-Parties in connection with this litigation is protected by the 25 26 27 -13- 28 1 remedies and relief provided by this Order. Nothing in these provisions should be 2 construed as prohibiting a Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 7 confidential information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non-Party 9 that some or all of the information requested is subject to a confidentiality 10 agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a reasonably 13 14 specific description of the information requested; and 15 (3) make the information requested available for inspection by the 16 Non-Party, if requested. 17 (c) If the Non-Party fails to seek a protective order from this court 18 within 14 days of receiving the notice and accompanying information, the 19 Receiving Party may produce the Non-Party’s confidential information responsive 20 21 to the discovery request. If the Non-Party timely seeks a protective order, the 22 Receiving Party shall not produce any information in its possession or control that 23 is subject to the confidentiality agreement with the Non-Party before a 24 determination by the court. 25 26 27 -14- 28 1 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 10 or persons to whom unauthorized disclosures were made of all the terms of this 11 Order, and (d) request such person or persons to execute the “Acknowledgment 12 and Agreement to Be Bound” that is attached hereto as Exhibit A. 13 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other 18 protection, the obligations of the Receiving Parties are those set forth in Federal 19 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 20 21 whatever procedure may be established in an e-discovery order that provides for 22 production without prior privilege review. Pursuant to Federal Rule of Evidence 23 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 24 of a communication or information covered by the attorney-client privilege or work 25 26 27 -15- 28 1 product protection, the parties may incorporate their agreement in the stipulated 2 protective order submitted to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the Court in the future. 6 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 14 Protected Material must comply with Local Civil Rule 79-5. Protected Material 15 may only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party’s request to file Protected Material 17 under seal is denied by the court, then the Receiving Party may file the information 18 in the public record unless otherwise instructed by the court. 19 13. FINAL DISPOSITION 20 21 After the final disposition of this Action, within 30 days of a written request 22 by the Designating Party, each Receiving Party must return all Protected Material to 23 the Producing Party or destroy such material. As used in this subdivision, “all 24 Protected Material” includes all copies, abstracts, compilations, summaries, and any 25 other format reproducing or capturing any of the Protected Material. Whether the 26 27 -16- 28 1 Protected Material is returned or destroyed, the Receiving Party must submit a 2 written certification to the Producing Party (and, if not the same person or entity, to 3 the Designating Party) by the 30 day deadline that (1) identifies (by category, where 4 appropriate) all the Protected Material that was returned or destroyed and (2) 5 affirms that the Receiving Party has not retained any copies, abstracts, 6 7 compilations, summaries or any other format reproducing or capturing any of the 8 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 9 archival copy of all pleadings, motion papers, trial, deposition, and hearing 10 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 11 reports, attorney work product, and consultant and expert work product, even if 12 such materials contain Protected Material. Any such archival copies that contain or 13 14 constitute Protected Material remain subject to this Protective Order as set forth in 15 Section 4 (DURATION). 16 // 17 // 18 // 19 // 20 21 // 22 // 23 // 24 // 25 // 26 27 -17- 28 1 VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 including, without limitation, contempt proceedings and/or monetary sanctions. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 ||DATED: November 22, 2019 9 || FRAZEE LAW GROUP 10 /s/RoseAnn Frazee 11 1D Attorneys for Plaintiff

13 14 |} DATED: November 22, 2019 15 ||} CARPENTER ROTHANS, AND DUMONT 16 || /s/ Edward Wells Attorneys for Defendant 18 19 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22 |}DATED: November 22, 2019 23 . 24 | apelin, a, OC 25 || HON. ROZELLA A. OLIVER 6 || United States Magistrate Judge 27 -18- 28 STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3

4 I, [print or type full name], of 5 [print or type full address], declare under penalty of 6 perjury that I have read in its entirety and understand the Stipulated Protective 7 Order that was issued by the United States District Court for the Central District of 8 California on ________________[date] in the case of SAHARRA M. WHITE, as 9 guardian ad litem of A.T. v. LOS ANGELES COUNTY SHERIFF’S 10 DEPARTMENT, et al., no. 2:19-cv-04669-DSF-RAO. I agree to comply with and 11 12 to be bound by all the terms of this Stipulated Protective Order and I understand 13 and acknowledge that failure to so comply could expose me to sanctions and 14 punishment in the nature of contempt. I solemnly promise that I will not disclose in 15 any manner any information or item that is subject to this Stipulated Protective 16 Order to any person or entity except in strict compliance with the provisions of this 17 Order. 18 19 I further agree to submit to the jurisdiction of the United States District Court 20 for the Central District of California for enforcing the terms of this Stipulated 21 Protective Order, even if such enforcement proceedings occur after termination of 22 this action. 23 24 I hereby appoint______________________________[print or type full name] of 25 26 27 -1- 28 1 [print or type full address and 2 telephone number] as my California agent for service of process in connection with 3 this action or any proceedings related to enforcement of this Stipulated Protective 4 Order. 5 Date: _____________________________________ 6 7 8 City and State where sworn and signed: 9 _________________________________________________________________ 10

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12 Printed name: _________________________________________ 13 14 15 16 Signature: _________________________________________ 17

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19 20 21 22 23 24 25 26 27 -2- 28