1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 O.L., ) Case No. 2:20-cv-00797-RGK-JDE ) 11 ) Plaintiff, ) PROTECTIVE ORDER 12 ) v. ) 13 ) ) 14 CITY OF EL MONTE, et al., ) ) 15 Defendants. ) ) 16 )

17 1. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 20 proprietary or private information for which special protection from public 21 disclosure and from use for any purpose other than pursuing this litigation may 22 be warranted. This Order does not confer blanket protections on all disclosures 23 or responses to discovery and that the protection it affords from public 24 disclosure and use extends only to the limited information or items that are 25 entitled to confidential treatment under the applicable legal principles. 26 2. GOOD CAUSE STATEMENT 27 This action is likely to involve private medical and personal information 28 as well as law enforcement investigative records, information otherwise 1 generally unavailable to the public, or which may be privileged or otherwise 2 protected from disclosure under state or federal statutes, court rules, case 3 decisions, or common law. The foregoing statement does not limit the 4 materials that may be subject to this Order, nor does it alone authorize 5 designation of materials under this Order. To expedite the flow of information, 6 to facilitate the prompt resolution of disputes over confidentiality of discovery 7 materials, to adequately protect information the parties are entitled to keep 8 confidential, to ensure that the parties are permitted reasonable necessary uses 9 of such material in preparation for and in the conduct of trial, to address their 10 handling at the end of the litigation, and serve the ends of justice, a protective 11 order for such information is justified in this matter. It is the intent of the 12 parties that information will not be designated as confidential for tactical 13 reasons and that nothing be so designated without a good faith belief that it has 14 been maintained in a confidential, non-public manner, and there is good cause 15 why it should not be part of the public record of this case. 16 3. UNDER SEAL FILING PROCEDURE 17 As set forth in Section 14.3, below, this Protective Order does not entitle 18 the parties to file confidential information under seal; Local Civil Rule 79-5 19 sets forth the procedures that must be followed and the standards that will be 20 21 applied when a party seeks permission from the court to file material under 22 seal. There is a strong presumption that the public has a right of access to 23 judicial proceedings and records in civil cases. In connection with non- 24 dispositive motions, good cause must be shown to support a filing under seal. 25 See Kamakana v. City and County of Honolulu,

(9th Cir. 26 2006), Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), 27 Makar-Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) 28 (even stipulated protective orders require good cause showing), and a specific 1 showing of good cause or compelling reasons with proper evidentiary support 2 and legal justification, must be made with respect to Protected Material that a 3 party seeks to file under seal. The parties’ mere designation of Disclosure or 4 Discovery Material as CONFIDENTIAL does not— without the submission 5 of competent evidence by declaration, establishing that the material sought to 6 be filed under seal qualifies as confidential, privileged, or otherwise 7 protectable—constitute good cause. 8 Further, if a party requests sealing related to a dispositive motion or trial, 9 then compelling reasons, not only good cause, for the sealing must be shown, 10 and the relief sought shall be narrowly tailored to serve the specific interest to 11 be protected. See Pintos v. Pacific Creditors Ass’n.,

(9th 12 Cir. 2010). For each item or type of information, document, or thing sought to 13 be filed or introduced under seal, the party seeking protection must articulate 14 compelling reasons, supported by specific facts and legal justification, for the 15 requested sealing order. Again, competent evidence supporting the application 16 to file documents under seal must be provided by declaration. 17 Any document that is not confidential, privileged, or otherwise 18 protectable in its entirety will not be filed under seal if the confidential portions 19 can be redacted. If documents can be redacted, then a redacted version for 20 21 public viewing, omitting only the confidential, privileged, or otherwise 22 protectable portions of the document, shall be filed. Any application that seeks 23 to file documents under seal in their entirety should include an explanation of 24 why redaction is not feasible. 25 4. DEFINITIONS 26 4.1 Action: this pending lawsuit. 27 4.2 Challenging Party: a Party or Non-Party that challenges the 28 designation of information or items under this Order. 1 4.3 “CONFIDENTIAL” Information or Items: information 2 (regardless of how it is generated, stored or maintained) or tangible things that 3 qualify for protection under Federal Rule of Civil Procedure 26(c), and as 4 specified above in the Good Cause Statement. 5 4.4 Counsel: Outside Counsel of Record and House Counsel (as well 6 as their support staff). 7 4.5 Designating Party: a Party or Non-Party that designates 8 information or items that it produces in disclosures or in responses to discovery 9 as “CONFIDENTIAL.” 10 4.6 Disclosure or Discovery Material: all items or information, 11 regardless of the medium or manner in which it is generated, stored, or 12 maintained (including, among other things, testimony, transcripts, and tangible 13 things), that are produced or generated in disclosures or responses to discovery. 14 4.7 Expert: a person with specialized knowledge or experience in a 15 matter pertinent to the litigation who has been retained by a Party or its 16 counsel to serve as an expert witness or as a consultant in this Action. 17 4.8 House Counsel: attorneys who are employees of a party to this 18 Action. House Counsel does not include Outside Counsel of Record or any 19 other outside counsel. 20 21 4.9 Non-Party: any natural person, partnership, corporation, 22 association or other legal entity not named as a Party to this action. 23 4.10 Outside Counsel of Record: attorneys who are not employees of a 24 party to this Action but are retained to represent a party to this Action and 25 have appeared in this Action on behalf of that party or are affiliated with a law 26 firm that has appeared on behalf of that party, and includes support staff. 27 4.11 Party: any party to this Action, including all of its officers, 28 directors, employees, consultants, retained experts, and Outside Counsel of 1 Record (and their support staffs). 2 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 4.13 Professional Vendors: persons or entities that provide litigation 5 support services (e.g., photocopying, videotaping, translating, preparing 6 exhibits or demonstrations, and organizing, storing, or retrieving data in any 7 form or medium) and their employees and subcontractors. 8 4.14 Protected Material: any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL.” 10 4.15 Receiving Party: a Party that receives Disclosure or Discovery 11 Material from a Producing Party. 12 5. SCOPE 13 The protections conferred by this Order cover not only Protected 14 Material (as defined above), but also (1) any information copied or extracted 15 from Protected Material; (2) all copies, excerpts, summaries, or compilations 16 of Protected Material; and (3) any testimony, conversations, or presentations 17 by Parties or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of 19 the trial judge and other applicable authorities. This Order does not govern the 20 21 use of Protected Material at trial. 22 6. DURATION 23 Once a case proceeds to trial, information that was designated as 24 CONFIDENTIAL or maintained pursuant to this protective order used or 25 introduced as an exhibit at trial becomes public and will be presumptively 26 available to all members of the public, including the press, unless compelling 27 reasons supported by specific factual findings to proceed otherwise are made to 28 the trial judge in advance of the trial. See Kamakana,

-81 1 (distinguishing “good cause” showing for sealing documents produced in 2 discovery from “compelling reasons” standard when merits-related documents 3 are part of court record). Accordingly, the terms of this protective order do not 4 extend beyond the commencement of the trial. 5 7. DESIGNATING PROTECTED MATERIAL 6 7.1 Exercise of Restraint and Care in Designating Material for 7 Protection. Each Party or Non-Party that designates information 8 or items for protection under this Order must take care to limit any such 9 designation to specific material that qualifies under the appropriate standards. 10 The Designating Party must designate for protection only those parts of 11 material, documents, items or oral or written communications that qualify so 12 that other portions of the material, documents, items or communications for 13 which protection is not warranted are not swept unjustifiably within the ambit 14 of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. 16 Designations that are shown to be clearly unjustified or that have been made 17 for an improper purpose (e.g., to unnecessarily encumber the case development 18 process or to impose unnecessary expenses and burdens on other parties) may 19 expose the Designating Party to sanctions. 20 21 If it comes to a Designating Party’s attention that information or items 22 that it designated for protection do not qualify for protection, that Designating 23 Party must promptly notify all other Parties that it is withdrawing the 24 inapplicable designation. 25 7.2 Manner and Timing of Designations. Except as otherwise 26 provided in this Order, or as otherwise stipulated or ordered, Disclosure of 27 Discovery Material that qualifies for protection under this Order must be 28 clearly so designated before the material is disclosed or produced. 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 6 that contains protected material. If only a portion of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the 8 protected portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for 10 inspection need not designate them for protection until after the inspecting 11 Party has indicated which documents it would like copied and produced. 12 During the inspection and before the designation, all of the material made 13 available for inspection shall be deemed “CONFIDENTIAL.” After the 14 inspecting Party has identified the documents it wants copied and produced, 15 the Producing Party must determine which documents, or portions thereof, 16 qualify for protection under this Order. Then, before producing the specified 17 documents, the Producing Party must affix the “CONFIDENTIAL legend” to 18 each page that contains Protected Material. If only a portion of the material on 19 a page qualifies for protection, the Producing Party also must clearly identify 20 21 the protected portion(s) (e.g., by making appropriate markings in the margins). 22 (b) for testimony given in depositions that the Designating Party 23 identifies the Disclosure or Discovery Material on the record, before the close 24 of the deposition all protected testimony. 25 (c) for information produced in some form other than 26 documentary and for any other tangible items, that the Producing Party affix 27 in a prominent place on the exterior of the container or containers in which the 28 information is stored the legend “CONFIDENTIAL.” If only a portion or 1 portions of the information warrants protection, the Producing Party, to the 2 extent practicable, shall identify the protected portion(s). 3 7.3 Inadvertent Failures to Designate. If timely corrected, an 4 inadvertent failure to designate qualified information or items does not, 5 standing alone, waive the Designating Party’s right to secure protection under 6 this Order for such material. Upon timely correction of a designation, the 7 Receiving Party must make reasonable efforts to assure that the material is 8 treated in accordance with the provisions of this Order. 9 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 11 designation of confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 13 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 14 resolution process under Local Rule 37-1 et seq. 15 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 16 joint stipulation pursuant to Local Rule 37-2. 17 8.4 The burden of persuasion in any such challenge proceeding shall be 18 on the Designating Party. Frivolous challenges, and those made for an 19 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 20 21 on other parties) may expose the Challenging Party to sanctions. Unless the 22 Designating Party has waived or withdrawn the confidentiality designation, all 23 parties shall continue to afford the material in question the level of protection 24 to which it is entitled under the Producing Party’s designation until the Court 25 rules on the challenge. 26 9. ACCESS TO AND USE OF PROTECTED MATERIAL 27 9.1 Basic Principles. A Receiving Party may use Protected Material that 28 is disclosed or produced by another Party or by a Non-Party in connection 1 with this Action only for prosecuting, defending or attempting to settle this 2 Action. Such Protected Material may be disclosed only to the categories of 3 persons and under the conditions described in this Order. When the Action has 4 been terminated, a Receiving Party must comply with the provisions of section 5 15 below (FINAL DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party 7 at a location and in a secure manner that ensures that access is limited to the 8 persons authorized under this Order. 9 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating 11 Party, a Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this 14 Action, as well as employees of said Outside Counsel of Record to whom it is 15 reasonably 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 18 for this 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 22 a written agreement to be bound by this Order 23 (d) the court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably necessary for this 27 Action and who have signed an agreement to be bound by this Order; 28 (g) the author or recipient of a document containing the 1 information or a custodian or other person who otherwise possessed or knew 2 the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, 4 in the Action to whom disclosure is reasonably necessary provided: (1) the 5 deposing party requests that the witness sign the form attached as Exhibit A 6 hereto; and (2) they will not be permitted to keep any confidential information 7 unless they sign an agreement to be bound by this Order unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material 10 may be separately bound by the court reporter and may not be disclosed to 11 anyone except as permitted under this Protective Order; and 12 (i) any mediators or settlement officers and their supporting 13 personnel, mutually agreed upon by any of the parties engaged in settlement 14 discussions. 15 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other 18 litigation that compels disclosure of any information or items designated in this 19 Action as “CONFIDENTIAL,” that Party must: 20 21 (a) promptly notify in writing the Designating Party. Such 22 notification shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena 24 or order to issue in the other litigation that some or all of the material covered 25 by the subpoena or order is subject to this Protective Order. Such notification 26 shall include a copy of this Protective Order; and 27 (c) cooperate with respect to all reasonable procedures sought to be 28 pursued by the Designating Party whose Protected Material may be affected. If 1 the Designating Party timely seeks a protective order, the Party served with the 2 subpoena or court order shall not produce any information designated in this 3 action as “CONFIDENTIAL” before a determination by the court from which 4 the subpoena or order issued, unless the Party has obtained the Designating 5 Party’s permission. The Designating Party shall bear the burden and expense 6 of seeking protection in that court of its confidential material and nothing in 7 these provisions should be construed as authorizing or encouraging a 8 Receiving Party in this Action to disobey a lawful directive from another court. 9 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 10 BE PRODUCED IN THIS LITIGATION 11 12 (a) The terms of this Order are applicable to information produced 13 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 14 information produced by Non-Parties in connection with this litigation is 15 protected by the remedies and relief provided by this Order. Nothing in these 16 provisions should be construed as prohibiting a Non-Party from seeking 17 additional protections. 18 (b) In the event that a Party is required, by a valid discovery 19 request, to produce a Non-Party’s confidential information in its possession, 20 and the Party is subject to an agreement with the Non-Party not to produce the 21 Non-Party’s confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non- 23 Party that some or all of the information requested is subject to a 24 confidentiality agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Protective 26 Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information 6 responsive to the discovery request. If the Non-Party timely seeks a protective 7 order, the Receiving Party shall not produce any information in its possession 8 or control that is subject to the confidentiality agreement with the Non-Party 9 before a determination by the court. Absent a court order to the contrary, the 10 Non-Party shall bear the burden and expense of seeking protection in this court 11 of its Protected Material. 12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 13 MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has 15 disclosed Protected Material to any person or in any circumstance not 16 authorized under this Protective Order, the Receiving Party must immediately 17 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) 18 use its best efforts to retrieve all unauthorized copies of the Protected Material, 19 (c) inform the person or persons to whom unauthorized disclosures were made 20 21 of all the terms of this Order, and (d) request such person or persons to execute 22 an agreement to be bound by this Order. 23 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 24

25 When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other 27 protection, the obligations of the Receiving Parties are those set forth in 28 Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to 1 modify whatever procedure may be established in an e-discovery order that 2 provides for production without prior privilege review. Pursuant to Federal 3 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 4 the effect of disclosure of a communication or information covered by the 5 attorney-client privilege or work product protection, the parties may 6 incorporate their agreement in a proposed order submitted to the court. 7 14. MISCELLANEOUS 8 14.1 Right to Further Relief. Nothing in this Order abridges the right of 9 any person to seek its modification by the Court in the future. 10 14.2 Right to Assert Other Objections. No Party waives any right to 11 object on any ground to use in evidence of any of the material covered by this 12 Protective Order. 13 14.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Local Civil Rule 79-5. Protected 15 Material may only be filed under seal pursuant to a court order authorizing the 16 sealing of the specific Protected Material. If a Party’s request to file Protected 17 Material under seal is denied by the court, then the Receiving Party may file 18 the information in the public record unless otherwise instructed by the court. 19 15. FINAL DISPOSITION 20 21 After the final disposition of this Action, as defined in paragraph 6, 22 within 60 days of a written request by the Designating Party, each Receiving 23 Party must return all Protected Material to the Producing Party or destroy such 24 material. As used in this subdivision, “all Protected Material” includes all 25 copies, abstracts, compilations, summaries, and any other format reproducing 26 or capturing any of the Protected Material. Whether the Protected Material is 27 returned or destroyed, the Receiving Party must submit a written certification 28 to the Producing Party (and, if not the same person or entity, to the I || Designating Party) by the 60-day deadline that (1) identifies (by category, 2 || where appropriate) all the Protected Material that was returned or destroyed 3 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 4 |! compilations, summaries or any other format reproducing or capturing any of > || the Protected Material. Notwithstanding this provision, Counsel or parties are © | entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 8 deposition and trial exhibits, expert reports, attorney work product, and ° consultant and expert work product, even if such materials contain Protected 0 Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 6 (DURATION). 4 16. VIOLATION

5 Any violation of this Order may be punished by appropriate measures 16 including, without limitation, contempt proceedings and/or monetary 17 || Sanctions. 18 19 Based on Plaintiff's showing and the Court’s review of the record in this 29 || case, for good cause shown, IT IS SO ORDERED. 21 22 93 || DATED: October 30, 2020 24 25 JOHN D. EARLY 26 hited States Magistrate Judge 27 28 14