Murad Clark v. City of Los Angeles

1 || Murad Clark 2355 Westwood Blvd. || Los Angeles, CA 90064 Telephone: (323) 907-5475 || E-mail: murade ark(@email.com Plaintiff & Plaintiffin Pro Se MICHAEL N. FEUER, City Attorney - SBN 111529 || KATHLEEN A. KENEALY, Chief De uty City Attorney — SBN 212289 SCOTT MARCUS, Senior Assistant City ttorney - SBN 184980 || CORY M. BRENTE. Senior Assistant City Attorney — SBN 115453 NICHOLAS LAUBER, Deputy City Attorney — SBN 288499 || 200 North Main Street, 6th Floor, City Hall East Los Angeles, CA 90012 || Phone No. 13) 978-7025 Fax No.: (213) 978-8785 || Email: [email protected] 10 ditorneys for Defendants, CITY OF LOS ANGELES, MOISES COV UBIAS, JOSE ZAVALA, and CHRISTOPHER BURKE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CV20-10768-CAS-PVC 15 MURAD CLARK, Hon. Christina A. Snyder 16 Plaintiff, Hon. Pedro V. Castillo 17 Vv.

STIPULATED PROTECTIVE 19 CITY OF LOS ANGELES ET AL ORDER 20 Defendants. (PVC VERSION 4/20) 21 Check if submitted without material modifications to PVC form | 1. INTRODUCTION 25 1.1 PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidential, || proprietary, or private information for which special protection from public || disclosure and from use for any purpose other than prosecuting this litigation may || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to || enter the following Stipulated Protective Order. The parties acknowledge that this || Order does not confer blanket protections on all disclosures or responses to || discovery and that the protection it affords from public disclosure and use extends || only to the limited information or items that are entitled to confidential treatment || under the applicable legal principles. The parties further acknowledge, as set forth || in Section 12.3, below, that this Stipulated Protective Order does not entitle them to || file confidential information under seal; Civil Local Rule 79-5 sets forth the || procedures that must be followed and the standards that will be applied when a party || seeks permission from the court to file material under seal.

1.2 GOOD CAUSE STATEMENT 12 This action involves the City of Los Angeles and Los Angeles Police || Department officers. Plaintiff 1s seeking materials and information that Defendants || the City of Los Angeles (“the City”) and Los Angeles Police Department officers || (collectively “Defendants”) maintain as confidential, such as personnel files of the || police officers involved in this incident, Internal Affairs materials and information, || and other administrative materials and information currently in the possession of the || City and which Defendants believe need special protection from public disclosure || and from use for any purpose other than prosecuting this litigation. Plaintiff is also || seeking official information contained in the personnel files of the police officers || involved in the subject incident, which the City maintains as strictly confidential and || which Defendants believe need special protection from public disclosure and from || use for any purpose other than prosecuting this litigation. Specifically Plaintiff is || seeking police body worn video from the incident date, police internal affairs || investigation materials, and police administrative materials, and which Defendants || believe need special protection from public disclosure and from use for any purpose || other than prosecuting this litigation.

1 Defendants assert that the confidentiality of the materials and || information sought by Plaintiff is recognized by California and federal law, as || evidenced inter alia by California Penal Code section 832.7 and Kerr v. United || States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 || (1976). The City has not publicly released the materials and information referenced || above except under protective order or pursuant to a court order, if at all. These || materials and information are of the type that has been used to initiate disciplinary || action against Los Angeles Police Department officers, and has been used as || evidence in disciplinary proceedings, where the officers’ conduct was considered to || be contrary to LAPD policy.

11 The City contends that absent a protective order delineating the || responsibilities of nondisclosure on the part of the parties hereto, there is a specific || risk of unnecessary and undue disclosure by one or more of the many attorneys, || secretaries, law clerks, paralegals and expert witnesses involved in this case, as well || as the corollary risk of embarrassment, harassment and professional and legal harm || on the part of the LAPD officers referenced in the materials and information.

17 The City also contends that the unfettered disclosure of the materials || and information, absent a protective order, would allow the media to share this || information with potential jurors in the area, impacting the rights of the City herein || to receive a fair trial.

21 Accordingly, to expedite the flow of information, to facilitate the || prompt resolution of disputes over confidentiality of discovery materials, to || adequately protect information the parties are entitled to keep confidential, to ensure || that the parties are permitted reasonable necessary uses of such material in || preparation for and in the conduct of trial, to address their handling at the end of the || litigation, and serve the ends of justice, a protective order for such information is || justified in this matter. It is the intent of the parties that information will not be || designated as confidential for tactical reasons and that nothing be so designated || without a good faith belief that it has been maintained in a confidential, non-public || manner, and there is good cause why it should not be part of the public record of this || case.

4 || 2. DEFINITIONS 5 2.1 Action: Murad Clark v. City of Los Angeles et al; Case No. CV20- || 10768-CAS-PVC 7 2.2 Challenging Party: a Party or Non-Party that challenges the || designation of information or items under this Order.

9 2.3. “CONFIDENTIAL” Information or Items: information (regardless of || how it is generated, stored or maintained) or tangible things that qualify for || protection under Federal Rule of Civil Procedure 26(c), and as specified above in || the Good Cause Statement.

13 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as || their support staff).

15 2.5 Designating Party: a Party or Non-Party that designates information or || items that 1t produces in disclosures or in responses to discovery as || “CONFIDENTIAL.”

18 2.6 Disclosure or Discovery Material: all items or information, regardless || of the medium or manner in which it is generated, stored, or maintained (including, || among other things, testimony, transcripts, and tangible things), that are produced or || generated in disclosures or responses to discovery in this matter.

22 2.7. Expert: a person with specialized knowledge or experience in a matter || pertinent to the litigation who has been retained by a Party or its counsel to serve as || an expert witness or as a consultant in this Action.

25 2.8 House Counsel: attorneys who are employees of a party to this Action.

26 || House Counsel does not include Outside Counsel of Record or any other outside || counsel.

1 2.9 Non-Party: any natural person, partnership, corporation, association, or || other legal entity not named as a Party to this action.

3 2.10 Outside Counsel of Record: attorneys who are not employees of a || party to this Action but are retained to represent or advise a party to this Action and || have appeared in this Action on behalf of that party or are affiliated with a law firm || which has appeared on behalf of that party, and includes support staff.

7 2.11 Party: any party to this Action, including all of its officers, directors, || employees, consultants, retained experts, and Outside Counsel of Record (and their || support staffs).

10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or || Discovery Material in this Action.

12 2.13 Professional Vendors: persons or entities that provide litigation || support services (e.g., photocopying, videotaping, translating, preparing exhibits or || demonstrations, and organizing, storing, or retrieving data in any form or medium) || and their employees and subcontractors.

16 2.14 Protected Material: any Disclosure or Discovery Material that is || designated as “CONFIDENTIAL.”

18 2.15 Receiving Party: a Party that receives Disclosure or Discovery || Material from a Producing Party.

21 || 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only || Protected Material (as defined above), but also (1) any information copied or || extracted from Protected Material; (2) all copies, excerpts, summaries, or || compilations of Protected Material; and (3) any testimony, conversations, or || presentations by Parties or their Counsel that might reveal Protected Material.

27 Any use of Protected Material at trial will be governed by the orders of the || trial judge. This Order does not govern the use of Protected Material at trial.

2 || 4. DURATION 3 Even after final disposition of this litigation, the confidentiality obligations || imposed by this Order will remain in effect until a Designating Party agrees || otherwise in writing or a court order otherwise directs. Final disposition will be || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with || or without prejudice; and (2) final judgment herein after the completion and || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, || including the time limits for filing any motions or applications for extension of time || pursuant to applicable law.

12 || 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection.

14 || Each Party or Non-Party that designates information or items for protection under || this Order must take care to limit any such designation to specific material that || qualifies under the appropriate standards. The Designating Party must designate for || protection only those parts of material, documents, items, or oral or written || communications that qualify so that other portions of the material, documents, || 1tems, or communications for which protection 1s not warranted are not swept || unjustifiably within the ambit of this Order.

21 Mass, indiscriminate, or routinized designations are prohibited. Designations || that are shown to be clearly unjustified or that have been made for an improper || purpose (e.g., to unnecessarily encumber the case development process or to impose || unnecessary expenses and burdens on other parties) may expose the Designating || Party to sanctions.

26 If it comes to a Designating Party’s attention that information or items that it || designated for protection do not qualify for protection, that Designating Party must || promptly notify all other Parties that it is withdrawing the inapplicable designation.

1 5.2. Manner and Timing of Designations. Except as otherwise provided in || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection |} under this Order must be clearly so designated before the material is disclosed or || produced.

6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic documents, || but excluding transcripts of depositions or other pretrial or trial proceedings), that || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter || “CONFIDENTIAL legend”), to each page that contains protected material. If only a || portion or portions of the material on a page qualifies for protection, the Producing || Party also must clearly identify the protected portion(s) (e.g., by making appropriate || markings in the margins).

14 A Party or Non-Party that makes original documents available for || inspection need not designate them for protection until after the inspecting Party has || indicated which documents it would like copied and produced. During the || inspection and before the designation, all of the material made available for || inspection will be deemed “CONFIDENTIAL.” After the inspecting Party has || identified the documents it wants copied and produced, the Producing Party must || determine which documents, or portions thereof, qualify for protection under this || Order. Then, before producing the specified documents, the Producing Party must || affix the “CONFIDENTIAL legend” to each page that contains Protected Material.

23 || If only a portion or portions of the material on a page qualifies for protection, the || Producing Party also must clearly identify the protected portion(s) (e.g., by making || appropriate markings in the margins).

26 (b) for testimony given in depositions that the Designating Party identify the || Disclosure or Discovery Material on the record, before the close of the deposition all || protected testimony.

1 (c) for information produced in some form other than documentary and for || any other tangible items, that the Producing Party affix in a prominent place on the || exterior of the container or containers in which the information 1s stored the legend || “CONFIDENTIAL.” If only a portion or portions of the information warrants || protection, the Producing Party, to the extent practicable, will identify the protected || portion(s).

7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent || failure to designate qualified information or items does not, standing alone, waive || the Designating Party’s right to secure protection under this Order for such material.

10 || Upon timely correction of a designation, the Receiving Party must make reasonable || efforts to assure that the material is treated in accordance with the provisions of this || Order.

14 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a || designation of confidentiality at any time that is consistent with the Court’s || Scheduling Order.

18 6.2 Meet and Confer. The Challenging Party will initiate the dispute || resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 || et seq.

21 6.3. The burden of persuasion in any such challenge proceeding will be on || the Designating Party. Frivolous challenges, and those made for an improper || purpose (e.g., to harass or impose unnecessary expenses and burdens on other || parties) may expose the Challenging Party to sanctions. Unless the Designating || Party has waived or withdrawn the confidentiality designation, all parties will || continue to afford the material in question the level of protection to which it is || entitled under the Producing Party’s designation until the Court rules on the || challenge.

2 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 3 7.1 Basic Principles. A Receiving Party may use Protected Material that is || disclosed or produced by another Party or by a Non-Party in connection with this || Action only for prosecuting, defending, or attempting to settle this Action. Such || Protected Material may be disclosed only to the categories of persons and under the || conditions described in this Order. When the Action has been terminated, a || Receiving Party must comply with the provisions of section 13 below (FINAL || DISPOSITION).

10 Protected Material must be stored and maintained by a Receiving Party ata || location and in a secure manner that ensures that access is limited to the persons || authorized under this Order.

13 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless || otherwise ordered by the court or permitted in writing by the Designating Party, a || Receiving Party may disclose any information or item designated || “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as || well as employees of said Outside Counsel of Record to whom it is reasonably || necessary to disclose the information for this Action; 20 (b) the officers, directors, and employees (including House Counsel) of || the Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom || disclosure is reasonably necessary for this Action and who have signed the || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the Court and its personnel; 26 (e) court reporters and their staff; 1 (f) professional jury or trial consultants, mock jurors, and Professional || Vendors to whom disclosure is reasonably necessary for this Action and who have || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information ora || custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses ,and attorneys for witnesses, in the || Action to whom disclosure is reasonably necessary provided: (1) the deposing party || requests that the witness sign the form attached as Exhibit A hereto; and (2) they || will not be permitted to keep any confidential information unless they sign the || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise || agreed by the Designating Party or ordered by the court. Pages of transcribed || deposition testimony or exhibits to depositions that reveal Protected Material may || be separately bound by the court reporter and may not be disclosed to anyone except || as permitted under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, || mutually agreed upon by any of the parties engaged in settlement discussions.

18 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED || INOTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation || that compels disclosure of any information or items designated in this Action as || “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification || will include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order || to issue in the other litigation that some or all of the material covered by the || subpoena or order is subject to this Protective Order. Such notification will include || acopy of this Stipulated Protective Order; and 1 (c) cooperate with respect to all reasonable procedures sought to be || pursued by the Designating Party whose Protected Material may be affected.

3 If the Designating Party timely seeks a protective order, the Party served with || the subpoena or court order will not produce any information designated in this || action as “CONFIDENTIAL” before a determination by the court from which the || subpoena or order issued, unless the Party has obtained the Designating Party’s || permission. The Designating Party will bear the burden and expense of seeking || protection in that court of its confidential material and nothing in these provisions || should be construed as authorizing or encouraging a Receiving Party in this Action || to disobey a lawful directive from another court.

12 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE || PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information || produced by Non-Parties in connection with this litigation is protected by the || remedies and relief provided by this Order. Nothing in these provisions should be || construed as prohibiting a Non-Party from seeking additional protections.

19 (b) In the event that a Party is required, by a valid discovery request, to || produce a Non-Party’s confidential information in its possession, and the Party is || subject to an agreement with the Non-Party not to produce the Non-Party’s || confidential information, then the Party will: 23 (1) promptly notify in writing the Requesting Party and the Non-Party || that some or all of the information requested is subject to a confidentiality || agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated || Protective Order in this Action, the relevant discovery request(s), and a reasonably || specific description of the information requested; and 1 (3) make the information requested available for inspection by the || Non-Party, if requested.

3 (c) If the Non-Party fails to seek a protective order from this court within || 14 days of receiving the notice and accompanying information, the Receiving Party || may produce the Non-Party’s confidential information responsive to the discovery || request. If the Non-Party timely seeks a protective order, the Receiving Party will || not produce any information in its possession or control that is subject to the || confidentiality agreement with the Non-Party before a determination by the court.

9 || Absent a court order to the contrary, the Non-Party will bear the burden and expense || of seeking protection in this court of its Protected Material.

12 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed || Protected Material to any person or in any circumstance not authorized under this || Stipulated Protective Order, the Receiving Party must immediately (a) notify in || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or || persons to whom unauthorized disclosures were made of all the terms of this Order, || and (d) request such person or persons to execute the “Acknowledgment and || Agreement to Be Bound” that is attached hereto as Exhibit A.

22 |} ll. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE || PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain || inadvertently produced material is subject to a claim of privilege or other protection, || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil || Procedure 26(b)(5)(B). This provision is not intended to modify whatever || procedure may be established in an e-discovery order that provides for production || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and || (e), insofar as the parties reach an agreement on the effect of disclosure of a || communication or information covered by the attorney-client privilege or work || product protection, the parties may incorporate their agreement in the stipulated || protective order submitted to the court.

7 || 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any || person to seek its modification by the Court in the future.

10 12.2 Right to Assert Other Objections. By stipulating to the entry of this || Protective Order no Party waives any right it otherwise would have to object to || disclosing or producing any information or item on any ground not addressed in this || Stipulated Protective Order. Similarly, no Party waives any right to object on any || ground to use in evidence of any of the material covered by this Protective Order.

15 12.3 Filing Protected Material. A Party that seeks to file under seal any || Protected Material must comply with Civil Local Rule 79-5. Protected Material may || only be filed under seal pursuant to a court order authorizing the sealing of the || specific Protected Material at issue. If a Party's request to file Protected Material || under seal is denied by the court, then the Receiving Party may file the information || in the public record unless otherwise instructed by the court.

22 || 13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in paragraph 4, within 60 || days of a written request by the Designating Party, each Receiving Party must return || all Protected Material to the Producing Party or destroy such material. As used in || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, || summaries, and any other format reproducing or capturing any of the Protected || Material. Whether the Protected Material is returned or destroyed, the Receiving || Party must submit a written certification to the Producing Party (and, if not the same || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies || (by category, where appropriate) all the Protected Material that was returned or || destroyed and (2) affirms that the Receiving Party has not retained any copies, || abstracts, compilations, summaries or any other format reproducing or capturing any || of the Protected Material. Notwithstanding this provision, Counsel are entitled to || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert || reports, attorney work product, and consultant and expert work product, even if such || materials contain Protected Material. Any such archival copies that contain or || constitute Protected Material remain subject to this Protective Order as set forth in || Section 4 (DURATION).

1 || 14. Any willful violation of this Order may be punished by civil or criminal || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary || authorities, or other appropriate action at the discretion of the Court.

22 || FOR GOOD CAUSE SHOWN BY THE PARTIES' STIPULATION, IT IS SO || ORDERED.

25 | DATED: February 9. 2021 ful.

26 HON. PEDRO V. CASTILLO United States Magistrate Judge 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, [full name], of || [full address], declare under penalty of perjury that I have read in its entirety and || understand the Stipulated Protective Order that was issued by the United States || District Court for the Central District of California on [date] in the case of 8 [insert case name and number]. I agree to comply with and to be || bound by all the terms of this Stipulated Protective Order and I understand and || acknowledge that failure to so comply could expose me to sanctions and punishment || in the nature of contempt. I solemnly promise that I will not disclose in any manner || any information or item that is subject to this Stipulated Protective Order to any || person or entity except in strict compliance with the provisions of this Order.

14 I further agree to submit to the jurisdiction of the United States District Court || for the Central District of California for the purpose of enforcing the terms of this || Stipulated Protective Order, even if such enforcement proceedings occur after || termination of this action. I hereby appoint [full || name] of [full address and || telephone number] as my California agent for service of process in connection with || this action or any proceedings related to enforcement of this Stipulated Protective || Order.

22 || Date: || City and State where signed: || Printed name: || Signature: