1 KATHLEEN A. KENEALY, Chief Deputy City Attorney – SBN 212289 SCOTT MARCUS, Senior Assistant City Attorney –SBN 184980 2 CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453 LISA W. LEE, Deputy City Attorney – SBN 186495 3 200 North Main Street, 6th Floor, City Hall East Los Angeles, CA 90012 4 Phone No.: (213) 978-7032 Fax No.: (213) 978-8785 5 Email: [email protected] 6 Attorneys for Defendants, CITY OF LOS ANGELES, AMANDA LANKFORD, RYAN WALL, and BRIAN BRANDT 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 KELLY LYNCH, CASE NO. CV20-07931-JVS-(ASx) Hon. James V. Selna, Santa Ana, Ctrm 10C 12 Mag. Alka Sagar, Ctrm. 540, 5th Fl. Plaintiff, 13 v. PROTECTIVE ORDER 14 15 CITY OF LOS ANGELES, a Municipality; SERGEANT LANKFORD 16 #40423, OFFICER WALL # 42917. OFFICER BRIAN BRANDT #36706; and 17 DOES 1 THROUGH 10, INCLUSIVE, 18 Defendants. 19 20 21 1. A. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, proprietary, 23 or private information for which special protection from public disclosure and from use 24 for any purpose other than prosecuting this litigation may be warranted. Accordingly, 25 the parties hereby stipulate to and petition the Court to enter the following Stipulated 26 Protective Order. The parties acknowledge that this Order does not confer blanket 27 protections on all disclosures or responses to discovery and that the protection it affords 28 from public disclosure and use extends only to the limited information or items that are 1 entitled to confidential treatment under the applicable legal principles. The parties 2 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 3 Order does not entitle them to file confidential information under seal; Civil Local Rule 4 79-5 sets forth the procedures that must be followed and the standards that will be applied 5 when a party seeks permission from the court to file material under seal.

6

7 B. GOOD CAUSE STATEMENT

8

9

10 This action involves the City of Los Angeles (“City”), Los Angeles Police 11 Department (“LAPD”) Sergeant Amanda Lankford, LAPD Officer Ryan Wall, and 12 LAPD Officer Brandt (“Defendants”). Plaintiff is seeking materials and information 13 that Defendant City maintains as confidential, such as personnel files of the police 14 officers involved in this incident, Internal Affairs materials and information, video 15 recordings, audio recordings, information and other administrative materials and 16 information currently in the possession of the City and which Defendants believe need 17 special protection from public disclosure and from use for any purpose other than 18 prosecuting this litigation. Plaintiff is also seeking official information contained in 19 the personnel files of the police officers involved in the subject incident, which the City 20 maintains as strictly confidential and which Defendants believe need special protection 21 from public disclosure and from use for any purpose other than prosecuting this 22 litigation. 23 Defendants assert that the confidentiality of the materials and information sought 24 by Plaintiff is recognized by California and federal law, as evidenced inter alia by 25 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal., 26

(9th Cir. 1975), aff'd,

(1976). The City has not publicly 27 released the materials and information referenced above except under protective order 28 1 that have been used to initiate disciplinary action against LAPD officers, and has been 2 used as evidence in disciplinary proceedings, where the officers’ conduct was 3 considered to be contrary to LAPD policy. 4 Defendants contend that absent a protective order delineating the responsibilities 5 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 6 and undue disclosure by one or more of the many attorneys, secretaries, law clerks, 7 paralegals and expert witnesses involved in this case, as well as the corollary risk of 8 embarrassment, harassment as well as professional, physical and legal harm on the 9 part of the LAPD officers referenced in the materials and information. 10 Defendants also contend that the unfettered disclosure of the materials and 11 information, absent a protective order, would allow the media to share this information 12 with potential jurors in the area, impacting the rights of the Defendants herein to 13 receive a fair trial. 14 Accordingly, to expedite the flow of information, to facilitate the prompt 15 resolution of disputes over confidentiality of discovery materials, to adequately protect 16 information the parties are entitled to keep confidential, to ensure that the parties are 17 permitted reasonable necessary uses of such material in preparation for and in the 18 conduct of trial, to address their handling at the end of the litigation, and serve the ends 19 of justice, a protective order for such information is justified in this matter. It is the 20 intent of the parties that information will not be designated as confidential for tactical 21 reasons and that nothing be so designated without a good faith belief that it has been 22 maintained in a confidential, non-public manner, and there is good cause why it should 23 not be part of the public record of this case. 24 25 2. DEFINITIONS

26 2.1 Action: this pending federal law suit. 27 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 28 information or items under this Order. 1 how it is generated, stored or maintained) or tangible things that qualify for 2 protection under Federal Rule of Civil Procedure 26(c), and as specified above 3 in the Good Cause Statement. This also includes (1) any information copied or 4 extracted from the Confidential information; (2) all copies, excerpts, summaries 5 or compilations of Confidential information; and (3) any testimony, 6 7 conversations, or presentations that might reveal Confidential information. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL.” 12 2.6 Disclosure or Discovery Material: all items or information, regardless of the 13 medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things), that are 15 produced or generated in disclosures or responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who has been retained by a Party or its counsel to serve 18 as an expert witness or as a consultant in this Action. 19 2.8 House Counsel: attorneys who are employees of a party to this Action. 20 House Counsel does not include Outside Counsel of Record or any other outside 21 counsel. 22 23 2.9 Non-Party: any natural person, partnership, corporation, association, or 24 other legal entity not named as a Party to this action. 25 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 26 this Action but are retained to represent or advise a party to this Action and 27 have appeared in this Action on behalf of that party or are affiliated with a 28 1 law firm which has appeared on behalf of that party, and includes support 2 staff. 3 2.11 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record 5 (and their support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.13 Professional Vendors: persons or entities that provide litigation support 9 services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or 11 medium) and their employees and subcontractors. 12 2.14 Protected Material: any Disclosure or Discovery Material that is designated 13 as “CONFIDENTIAL.” 14 15 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 16 from a Producing Party. 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only Protected 18 Material (as defined above), but also (1) any information copied or extracted from 19 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 20 Material; and (3) any testimony, conversations, or presentations by Parties or their 21 Counsel that might reveal Protected Material. 22 Any use of Protected Material at trial shall be governed by the orders of the 23 trial judge. This Order does not govern the use of Protected Material at trial. 24 4. DURATION 25 Even after final disposition of this litigation, the confidentiality obligations 26 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 27 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 28 later of (1) dismissal of all claims and defenses in this Action, with or without 1 prejudice; and (2) final judgment herein after the completion and exhaustion of all 2 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 3 for filing any motions or applications for extension of time pursuant to applicable law. 5. DESIGNATING PROTECTED MATERIAL 4 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Each Party or Non-Party that designates information or items for protection under this 7 Order must take care to limit any such designation to specific material that qualifies 8 under the appropriate standards. The Designating Party must designate for protection 9 only those parts of material, documents, items, or oral or written communications that 10 qualify so that other portions of the material, documents, items, or communications for 11 which protection is not warranted are not swept unjustifiably within the ambit of this 12 Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that 14 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 15 to unnecessarily encumber the case development process or to impose unnecessary 16 expenses and burdens on other parties) may expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 a) for information in documentary form (e.g., paper or electronic documents, 27 but excluding transcripts of depositions or other pretrial or trial 28 1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 3 that contains protected material. If only a portion or portions of the material 4 on a page qualifies for protection, the Producing Party also must clearly 5 identify the protected portion(s) (e.g., by making appropriate markings in 6 the margins). A Party or Non-Party that makes original documents available for inspection 7 need not designate them for protection until after the inspecting Party has indicated 8 which documents it would like copied and produced. During the inspection and before 9 the designation, all of the material made available for inspection shall be deemed 10 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 11 wants copied and produced, the Producing Party must determine which documents, or 12 13 portions thereof, qualify for protection under this Order. Then, before producing the 14 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to 15 each page that contains Protected Material. If only a portion or portions of the material 16 on a page qualifies for protection, the Producing Party also must clearly identify the 17 protected portion(s) (e.g., by making appropriate markings in the margins). 18 b) for testimony given in depositions that the Designating Party identify the 19 Disclosure or Discovery Material on the record, before the close of the deposition all 20 protected testimony. 21 c) for information produced in some form other than documentary and for 22 any other tangible items, that the Producing Party affix in a prominent place on the 23 exterior of the container or containers in which the information is stored the legend 24 “CONFIDENTIAL.” If only a portion or portions of the information warrants 25 protection, the Producing Party, to the extent practicable, shall identify the protected 26 portion(s). 27 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 28 to designate qualified information or items does not, standing alone, waive the 1 timely correction of a designation, the Receiving Party must make reasonable efforts to 2 assure that the material is treated in accordance with the provisions of this Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4

5 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 6 Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the informal dispute 8 resolution process set forth in the Court's Procedures and Schedules. 9 See http://www.cacd.uscourts.gov/honorable-alka-sagar. 10 6.3 The burden of persuasion in any such challenge proceeding 11 shall be on the Designating Party. Frivolous challenges, and those made for an improper 12 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 13 may expose the Challenging Party to sanctions. Unless the Designating Party has 14 waived or withdrawn the confidentiality designation, all parties shall continue to 15 afford the material in question the level of protection to which it is entitled under the 16 Producing Party’s designation until the Court rules on the challenge. 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 connection with this 20 Action only for prosecuting, defending, or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below (FINAL 24 DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the 27 persons authorized under this Order. 28 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 4 only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 6 employees of said Outside Counsel of Record to whom it is reasonably necessary to 7 disclose the information for this 8 Action; 9 (b) the officers, directors, and employees (including House Counsel) of the 10 Receiving Party to whom disclosure is reasonably necessary for this 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 the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff; 16 (f) professional jury or trial consultants, mock jurors, and Professional 17 Vendors to whom disclosure is reasonably necessary for this Action and who have 18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (g) the author or recipient of a document containing the information or 20 a custodian or other person who otherwise possessed or knew the information; 21 (h) during their depositions, witnesses, and attorneys for witnesses, in 22 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 23 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they 24 will not be permitted to keep any confidential information unless they sign the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 26 agreed by the Designating Party or ordered by the court. Pages of transcribed 27 deposition testimony or exhibits to depositions that reveal Protected Material may be 28 1 separately bound by the court reporter and may not be disclosed to anyone except as 2 permitted under this Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

7 OTHER LITIGATION 8 (a) promptly notify in writing the Designating Party. Such notification shall 9 include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to issue 11 in the other litigation that some or all of the material covered by the subpoena or order is 12 subject to this Protective Order. Such notification shall include a copy of this Stipulated 13 Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 15 Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with the 17 subpoena or court order shall not produce any information designated in this action as 18 “CONFIDENTIAL” before a determination by the court from which the subpoena or 19 order issued, unless the Party has obtained the Designating Party’s permission. The 20 Designating Party shall bear the burden and expense of seeking protection in that court 21 of its confidential material and nothing in these provisions should be construed as 22 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 23 from another court. 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party 26 in this Action and designated as “CONFIDENTIAL.” Such information produced by 27 Non-Parties in connection with this litigation is protected by the remedies and relief 28 1 provided by this Order. Nothing in these provisions should be construed as prohibiting a 2 Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, toproduce a 4 Non-Party’s confidential information in its possession, and the Party is subject to an 5 agreement with the Non-Party not to produce the Non-Party’s confidential information, 6 then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party that 8 some or all of the information requested is subject to a confidentiality agreement with a 9 Non-Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 11 Order in this Action, the relevant discovery request(s), and a reasonably specific 12 description of the information requested; and 13 (3) make the information requested available for inspection by the Non-Party, 14 if requested. 15 (c) If the Non-Party fails to seek a protective order from this court within 14 16 days of receiving the notice and accompanying information, the Receiving Party may 17 produce the Non-Party’s confidential information responsive to the discovery request. If 18 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 19 information in its possession or control that is subject to the confidentiality agreement 20 with the Non-Party before a determination by the court. Absent a court order to the 21 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 22 court of its Protected Material. 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 26 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 27 all unauthorized copies of the Protected Material, (c) inform the person or persons to 28 1 request such person or persons to execute the “Acknowledgment and Agreement to Be 2 Bound” that is attached hereto as Exhibit A. 3 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 11 may be established in an e-discovery order that provides for production without prior 12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 parties reach an agreement on the effect of disclosure of a communication or 14 information covered by the attorney-client privilege or work product protection, the 15 parties may incorporate their agreement in the stipulated protective order submitted 16 to the court. 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 19 person to seek its modification by the Court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in this 23 Stipulated Protective Order. Similarly, no Party waives any right to object on any 24 ground to use in evidence of any of the material covered by this Protective Order. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 27 only be filed under seal pursuant to a court order authorizing the sealing of the specific 28 1 Protected Material at issue. If a Party's request to file Protected Material under seal is 2 denied by the court, then the Receiving Party may file the information in the public 3 record unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must return 7 all Protected Material to the Producing Party or destroy such material. As used in this 8 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected 10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 11 must submit a written certification to the Producing Party (and, if not the same person 12 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 13 category, where appropriate) all the Protected Material that was returned or destroyed 14 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 15 compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 17 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 18 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 19 attorney work product, and consultant and expert work product, even if such materials 20 contain Protected Material. Any such archival copies that contain or constitute 21 Protected Material remain subject to this Protective Order as set forth in Section 4 22 (DURATION). 23 24 /// 25 /// 26 /// 27 28 /// 1 /// 2 14. Any violation of this Order may be punished by any and all appropriate 3 measures including, without limitation, contempt proceedings and/or monetary 4 sanctions. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 Dated: April 1, 2021 LAW OFFICES OF ETAN Z. LORANT 8 By: /s/ Etan Z. Lorant ETAN Z. LORANT, ESQ. 9 Attorney for Plaintiff KELLY LYNCH 10 Dated: April 1, 2021 MICHAEL N. FEUER, City Attorney KATHLEEN A. KENEALY, Chief Deputy City Attorney 11 SCOTT MARCUS, Senior Assistant City Attorney CORY M. BRENTE, Senior Assistant City Attorney 12 LISA W. LEE, Deputy City Attorney By: /s/ Lisa W. Lee 13 LISA W. LEE, Deputy City Attorney Attorneys for Defendants, CITY OF LOS ANGELES, 14 AMANDA LANKFORD, RYAN WALL, and BRIAN BRANDT 15 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 DATED: April 8, 2021 _____/ _s_ /_ S_a_g_a_r______________ 18 Honorable Alka Sagar United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE 3 BOUND I, ____________________________________________ [print or type full name], of 4 5 [print or type full address], declare under penalty of perjury that 6 I have read in its entirety and understand the Stipulated Protective Order that was issued 7 by the United States District Court for the Central District of California on _______in 8 the case of Kelly Lynch v. City of Los Angeles, Et. al. Case No. 2:20-cv-07931-JVS- 9 AS I agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the provisions 14 of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint ________________ [print or type full name] of 19 ________________ [print or type full address and telephone number] as my California 20 agent for service of process in connection with this action or any proceedings related 21 to enforcement of this Stipulated Protective Order. 22 Date:_________ 23 City and State where sworn and signed: ________________ 24 Printed name: ________________ 25 Signature:________________ 26 27 28