1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA 10

11 JUAN POZZI, Case No. 2:20−cv−07035−SVW−PJWx

12 Plaintiff, STIPULATED PROTECTIVE 13 vs. ORDER

14 COUNTY OF LOS ANGELES, et al., 15 Defendants. 16 17 18 19 1. A. PURPOSES AND LIMITATIONS 20 21 Discovery in this action is likely to involve production of confidential, 22 proprietary, or private information for which special protection from 23 public disclosures and from use for any purpose other than prosecuting 24 this litigation may be warranted. Accordingly, the parties hereby 25 stipulate to and petition the Court to enter the following Stipulated 26 Protective Order. The parties acknowledge that this Order does not 27 confer blanket protections on all disclosures or responses to discovery 28 and that the protection it affords from public disclosure and use extends 1 only to the limited information or items that are entitled to confidential 2 treatment under the applicable legal principles. The parties further 3 acknowledge, as set fort in Section 12.3 below, that this Stipulated 4 Protective Order does not entitle them to file confidential information 5 under seal; Civil Local Rule 79-5 sets forth the procedures that must be 6 followed and the standards that will be applied when a party seeks 7 permission from the court to file material under seal. 8 9 B. GOOD CAUSE STATEMENT 10 This action is likely to involve sensitive personal medical information, 11 sensitive arrest and booking information, and sensitive police and jail 12 records, for which special protection from public disclosure and from 13 use for any purpose other than prosecution of this action is warranted. 14 Such confidential and proprietary materials and information consist of, 15 among other things, personal medical information, booking and arrest 16 records, records of incarceration, and possibly confidential personnel 17 records protected by law, as well as other information generally 18 unavailable to the public. In addition, privacy rights of third parties are 19 implicated by the above. Accordingly, to expedite the flow of 20 information, to facilitate the prompt resolution of disputes over 21 confidentiality of discovery materials, to adequately protect information 22 the parties are entitled to keep confidential, to ensure that the parties 23 are permitted reasonable necessary uses of such material in 24 preparation for and in the conduct of trial, to address their handling at 25 the end of the litigation, and serve the ends of justice, a protective order 26 for such information is justified in this matter. It is the intent of the 27 parties that information will not be designated as confidential for 28 tactical reasons and that nothing be so designated without a good faith 1 belief that it has been maintained in a confidential, non-public manner, 2 and there is good cause why it should not be part of the public record of 3 this case. 4 5 2. DEFINITIONS 6 2.1 Action: this pending federal law suit. 7 2.2 Challenging Party: a Party or Non-Party that challenges the 8 designation of information or items under this Order. 9 2.3 “CONFIDENTIAL” Information or Items: information (regardless 10 of how it is generated, stored or maintained) or tangible things that 11 qualify for protection under Federal Rule of Civil Procedure 26(c), and 12 as specified above in the Good Cause Statement. 13 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 2.5 Designating Party: a Party or Non-Party that designates 16 information or items that it produces in disclosures or in responses to 17 discovery as “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, 19 regardless of the medium or manner in which it is generated, stored, or 20 maintained (including, among other things, testimony, transcripts, and 21 tangible things), that are produced or generated in disclosures or 22 responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a 24 matter pertinent to the litigation who has been retained by a Party or 25 its counsel to serve as an expert witness or as a consultant in this 26 Action. 27 2.8 House Counsel: attorneys who are employees of a party to this 28 Action. House Counsel does not include Outside Counsel of Record or 1 any other outside counsel. 2 2.9 Non-Party: any natural person, partnership, corporation, 3 association, or other legal entity not named as a Party to this action. 4 2.10 Outside Counsel of Record: attorneys who are not employees of a 5 party to this Action but are retained to represent or advise a party to 6 this Action and have appeared in this Action on behalf of that party or 7 are affiliated with a law firm which has appeared on behalf of that 8 party, and includes support staff. 9 2.11 Party: any party to this Action, including all of its officers, 10 directors, employees, consultants, retained experts, and Outside 11 Counsel of Record (and their support staffs). 12 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 2.13 Professional Vendors: persons or entities that provide litigation 15 support services (e.g., photocopying, videotaping, translating, preparing 16 exhibits or demonstrations, and organizing, storing, or retrieving data 17 in any form or medium) and their employees and subcontractors. 18 2.14 Protected Material: any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 2.15 Receiving Party: a Party that receives Disclosure or Discovery 21 Material from a Producing Party. 22 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above), but also (1) any information 26 copied or extracted from Protected Material; (2) all copies, excerpts, 27 summaries, or compilations of Protected Material; and (3) any 28 testimony, conversations, or presentations by Parties or their Counsel 1 that might reveal Protected Material. 2 Any use of Protected Material at trial shall be governed by the orders of 3 the trial judge. This Order does not govern the use of Protected 4 Material at trial. 5 6 4. DURATION 7 Once a case proceeds to trial, all of the information that was designated 8 as confidential or maintained pursuant to this protective order becomes 9 public and will be presumptively available to all members of the public, 10 including the press, unless compelling reasons supported by specific 11 factual findings to proceed otherwise are made to the trial judge in 12 advance of the trial. See Kamakana v. City and County of Honolulu, 13

(9th Cir. 2006) (distinguishing “good cause” 14 showing for sealing documents produced in discovery from “compelling 15 reasons” standard when merits-related documents are part of court 16 record). Accordingly, the terms of this protective order do not extend 17 beyond the commencement of the trial. 18 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for 21 Protection. Each Party or Non-Party that designates information or 22 items for protection under this Order must take care to limit any such 23 designation to specific material that qualifies under the appropriate 24 standards. The Designating Party must designate for protection only 25 those parts of material, documents, items, or oral or written 26 communications that qualify so that other portions of the material, 27 documents, items, or communications for which protection is not 28 warranted are not swept unjustifiably within the ambit of this Order. 1 Mass, indiscriminate, or routinized designations are prohibited. 2 Designations that are shown to be clearly unjustified or that have been 3 made for an improper purpose (e.g., to unnecessarily encumber the case 4 development process or to impose unnecessary expenses and burdens on 5 other parties) may expose the Designating Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items 7 that it designated for protection do not qualify for protection, that 8 Designating Party must promptly notify all other Parties that it is 9 withdrawing the inapplicable designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided 11 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 12 otherwise stipulated or ordered, Disclosure or Discovery Material that 13 qualifies for protection under this Order must be clearly so designated 14 before the material is disclosed or 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 18 trial proceedings), that the Producing Party affix at a minimum, the 19 legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to 20 each page that contains protected material. If only a portion or portions 21 of the material on a page qualifies for protection, the Producing Party 22 also must clearly identify the protected portion(s) (e.g., by making 23 appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for 25 inspection need not designate them for protection until after the 26 inspecting Party has indicated which documents it would like copied 27 and produced. During the inspection and before the designation, all of 28 the material made available for inspection shall be deemed 1 “CONFIDENTIAL.” After the inspecting Party has identified the 2 documents it wants copied and produced, the Producing Party must 3 determine which documents, or portions thereof, qualify for protection 4 under this Order. Then, before producing the specified documents, the 5 Producing Party must affix the “CONFIDENTIAL legend” to each page 6 that contains Protected Material. If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party also 8 must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins). 10 (b) for testimony given in depositions that the Designating 11 Party identify the Disclosure or Discovery Material on the record, 12 before the close of the deposition all protected testimony. 13 (c) for information produced in some form other than 14 documentary and 15 for any other tangible items, that the Producing Party affix in a 16 prominent place on the exterior of the container or containers in which 17 the information is stored the legend “CONFIDENTIAL.” If only a 18 portion or portions of the information warrants protection, the 19 Producing Party, to the extent practicable, shall identify the protected 20 portion(s). 21 5.3 Inadvertent Failures to Designate. If timely corrected, an 22 inadvertent failure to designate qualified information or items does not, 23 standing alone, waive the Designating Party’s right to secure protection 24 under this Order for such material. Upon timely correction of a 25 designation, the Receiving Party must make reasonable efforts to 26 assure that the material is treated in accordance with the provisions of 27 this Order. 28 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the 4 Court’s Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the 6 dispute resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding shall be 8 on the Designating Party. Frivolous challenges, and those made for an 9 improper purpose (e.g., to harass or impose unnecessary expenses and 10 burdens on other parties) may expose the Challenging Party to 11 sanctions. Unless the Designating Party has waived or withdrawn the 12 confidentiality designation, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under 14 the Producing Party’s designation until the Court rules on the 15 challenge. 16 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that 19 is disclosed or produced by another Party or by a Non-Party in 20 connection with this Action only for prosecuting, defending, or 21 attempting to settle this Action. Such Protected Material may be 22 disclosed only to the categories of persons and under the conditions 23 described in this Order. When the Action has been terminated, a 24 Receiving Party must comply with the provisions of section 13 below 25 (FINAL DISPOSITION). 26 Protected Material must be stored and maintained by a Receiving Party 27 at a location and in a secure manner that ensures that access is limited 28 to the persons 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 3 Designating Party, a Receiving Party may disclose any information or 4 item designated “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is 7 reasonably necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this 10 Action; 11 (c) Experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this Action and who have signed 13 the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and 18 Professional Vendors to whom disclosure is reasonably necessary for 19 this Action and who have signed the “Acknowledgment and Agreement 20 to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information 22 or a custodian or other person who otherwise possessed or knew the 23 information; 24 (h) during their depositions, witnesses ,and attorneys for witnesses, 25 in the Action to whom disclosure is reasonably necessary provided: (1) 26 the deposing party requests that the witness sign the form attached as 27 Exhibit 1 hereto; and (2) they will not be permitted to keep any 28 confidential information unless they sign the “Acknowledgment and 1 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 2 Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected 4 Material may be separately bound by the court reporter and may not be 5 disclosed to anyone except as permitted under this Stipulated 6 Protective Order; and 7 (i) any mediator or settlement officer, and their supporting 8 personnel, 9 mutually agreed upon by any of the parties engaged in settlement 10 discussions. 11 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 13 PRODUCED IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other 15 litigation that compels disclosure of any information or items 16 designated in this Action as “CONFIDENTIAL,” that Party must: 17 (a) promptly notify in writing the Designating Party. Such 18 notification shall include a copy of the subpoena or court order; 19 (b) promptly notify in writing the party who caused the subpoena or 20 order to issue in the other litigation that some or all of the material 21 covered by the subpoena or order is subject to this Protective Order. 22 Such notification shall include a copy of this Stipulated Protective 23 Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be 26 affected. 27 If the Designating Party timely seeks a protective order, the Party 28 served with the subpoena or court order shall not produce any 1 information designated in this action as “CONFIDENTIAL” before a 2 determination by the court from which the subpoena or order issued, 3 unless the Party has obtained the Designating Party’s permission. The 4 Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material and nothing in these 6 provisions should be construed as authorizing or encouraging a 7 Receiving Party in this Action to disobey a lawful directive from 8 another court. 9 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 11 BE PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by 13 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 14 information produced by Non-Parties in connection with this litigation 15 is protected by the remedies and relief provided by this Order. Nothing 16 in these provisions should be construed as prohibiting a Non-Party from 17 seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, 19 to produce a Non-Party’s confidential information in its possession, and 20 the Party is subject to an agreement with the Non-Party not to produce 21 the Non-Party’s confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the 23 Non-Party 24 that some or all of the information requested is subject to a 25 confidentiality agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the 27 Stipulated Protective Order in this Action, the relevant discovery 28 request(s), and a reasonably specific description of the information 1 requested; and 2 (3) make the information requested available for inspection by 3 the Non-Party, if requested. 4 (c) If the Non-Party fails to seek a protective order from this court 5 within 14 days of receiving the notice and accompanying information, 6 the Receiving Party may produce the Non-Party’s confidential 7 information responsive to the discovery request. If the Non-Party timely 8 seeks a protective order, the Receiving Party shall not produce any 9 information in its possession or control that is subject to the 10 confidentiality agreement with the Non-Party before a determination by 11 the court. Absent a court order to the contrary, the Non-Party shall 12 bear the burden and expense of seeking protection in this court of its 13 Protected Material. 14 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 16 MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has 18 disclosed Protected Material to any person or in any circumstance not 19 authorized under this Stipulated Protective Order, the Receiving Party 20 must immediately (a) notify in writing the Designating Party of the 21 unauthorized disclosures, (b) use its best efforts to retrieve all 22 unauthorized copies of the Protected Material, (c) inform the person or 23 persons to whom unauthorized disclosures were made of all the terms of 24 this Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto 26 as Exhibit A. 27 28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or 5 other protection, the obligations of the Receiving Parties are those set 6 forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is 7 not intended to modify whatever procedure may be established in an e- 8 discovery order that provides for production without prior privilege 9 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as 10 the parties reach an agreement on the effect of disclosure of a 11 communication or information covered by the attorney-client privilege 12 or work product protection, the parties may incorporate their 13 agreement in the stipulated protective order submitted to the court. 14 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of 17 any person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of 19 this Protective Order no Party waives any right it otherwise would have 20 to object to disclosing or producing any information or item on any 21 ground not addressed in this Stipulated Protective Order. Similarly, no 22 Party waives any right to object on any ground to use in evidence of any 23 of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Civil Local Rule 79-5. Protected 26 Material may only be filed under seal pursuant to a court order 27 authorizing the sealing of the specific Protected Material at issue. If a 28 Party's request to file Protected Material under seal is denied by the 1 court, then the Receiving Party may file the information in the public 2 record unless otherwise instructed by the court. Good cause must be 3 shown for the under seal filing. 4 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, 7 within 60 days of a written request by the Designating Party, each 8 Receiving Party must return all Protected Material to the Producing 9 Party or destroy such material. As used in this subdivision, “all 10 Protected Material” includes all copies, abstracts, compilations, 11 summaries, and any other format reproducing or capturing any of the 12 Protected Material. Whether the Protected Material is returned or 13 destroyed, the Receiving Party must submit a written certification to 14 the Producing Party (and, if not the same person or entity, to the 15 Designating Party) by the 60 day deadline that (1) identifies (by 16 category, where appropriate) all the Protected Material that was 17 returned or destroyed and (2)affirms that the Receiving Party has not 18 retained any copies, abstracts, compilations, summaries or any other 19 format reproducing or capturing any of the Protected Material. 20 Notwithstanding this provision, Counsel are entitled to retain an 21 archival copy of all pleadings, motion papers, trial, deposition, and 22 hearing transcripts, legal memoranda, correspondence, deposition and 23 trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected 25

26 //

27 // 28 1 Material. Any such archival copies that contain or constitute Protected 2 Material remain subject to this Protective Order as set forth in Section 3 4 (DURATION). 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 7 DATED: September 9, 2020 /s/ Dev Das 8 9 DEV DAS BEN MEISELAS 10 Attorneys for Plaintiff Juan Pozzi 11 DATED: September 9, 2020 /s/ Edward Wells 12

13 EDWARD S. WELLS 14 JILL WILLIAMS Attorneys for Defendant County of Los 15 Angeles 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17

18 DATED: September 11, 2020 _________________________________ 19 20 PAUL L. ABRAMS United States Magistrate Judge 21

22 23 24 25 26 27 28 1 EXHIBIT A 2 COMPLIANCE AGREEMENT 3 I hereby acknowledge that I, ______________________________ [name], 4 ____________________________________________ [position and employer], am about to receive Protected Documents supplied in connection with Juan Pozzi 5 v. County of Los Angeles, et al., case number 2:20−cv−07035−SVW−PJWx. I 6 certify that I understand that the Protected Documents are provided to me subject 7 to the terms and restrictions of the Stipulation and Protective Order filed in this 8 case. I have been given a copy of the Protective Order; I have read it, and I agree 9 to be bound by its terms. 10 I understand that Protected Documents, as defined in the Protective Order, 11 including any notes or other records that may be made regarding any such 12 materials, shall not be disclosed to anyone except as expressly permitted by the 13 Protective Order. I will not copy or use, except solely for the purposes of this 14 case, any Protected Documents obtained pursuant to this Protective Order, except 15 as provided therein or otherwise ordered by the Court in the case. 16 I further understand that I am to retain all copies of all Protected 17 Documents provided to me in the case in a secure manner, and that all copies of 18 such materials are to remain in my personal custody until termination of my 19 participation in this case, whereupon the copies of such materials will be returned 20 to counsel who provided me with such materials. 21 I declare under penalty of perjury under the laws of the State of California 22 that the foregoing is true and correct. Executed this ___day of _______________, 23 20___, at ____________________________________________ [place]. 24 Signature: __________________________________________ 25 Title: ______________________________________________ 26 Address: ___________________________________________ 27 Telephone Number: ___________________________________ 28