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10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 GABRIELLE BYNUM, ) Case No.: 2:21-cv-04453-JPR

) Honorable Jean P. Rosenbluth 14 Plaintiff, ) 15 ) PROTECTIVE ORDER 16 vs. ) ) 17 COUNTY OF LOS ANGELES; and ) [ hS et ri ep wu il ta ht ]io n filed concurrently 18 DOES 1-10, ) ) 19 Defendants. ) 20 _________________________________ )

21 22 23 1. INTRODUCTION 24 1.1 PURPOSES AND LIMITATIONS 25 Discovery in this action may involve production of confidential, proprietary, 26 or private information for which special protection from public disclosure and from 27 use for any purpose other than prosecuting this litigation may be warranted. 28 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 1 following Stipulated Protective Order. The Parties acknowledge that this Order 2 does not confer blanket protections on all disclosures or responses to discovery and 3 that the protection it affords from public disclosure and use extends only to the 4 limited information or items that are entitled to confidential treatment under the 5 applicable legal principles. The Parties further acknowledge, as set forth in Section 6 12.3 below, that this Order does not entitle them to file Confidential Information 7 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a Party seeks permission from the Court 9 to file material under seal. 10 1.2 GOOD CAUSE STATEMENT 11 Unlike the parties in Oliner v. Kontrabecki, who sought to seal the entire 12 record including motions and the court’s opinion, in this case the parties seek only 13 to protect discovery materials and information that will involve the production of 14 confidential records. Oliner v. Kontrabecki,

(9th Cir. 2014). 15 The nature of the incident that gives rise to Plaintiff’s suit and Plaintiff’s claims and 16 allegations that Defendants violated her civil rights based on Defendants’ policies 17 and procedures, will result in discovery production that includes: criminal 18 investigation materials; police reports; confidential informant information; medical 19 records; financial materials; peace officer personnel materials; information 20 implicating the privacy rights of third parties (i.e., bystander witnesses, emergency 21 personnel information); and other private and confidential materials for which 22 require special protection from public disclosure. 23 The harms that could occur because of public disclosure include but are not 24 limited to: the risk to the personal safety of individuals identified in the investigation 25 materials; the improper use of demographic information collected during the 26 investigation that could lead to substantial financial harm; and the potential violation 27 of the Government privilege, resulting in future hesitancy by private citizens to aid 28 law enforcement in investigations because of the risk of public disclosure of their 1 information. See Roviaro v. United States,

, 627 (1957) (the 2 Government privilege encourages citizens to communicate their knowledge of the 3 commission of crimes to law-enforcement officials by preserving their anonymity). 4 Furthermore, in order to expedite the flow of information, to facilitate the 5 prompt resolution of disputes over confidentiality of discovery materials, to 6 adequately protect information the parties are entitled to keep confidential, to ensure 7 that the parties are permitted reasonable necessary uses of such material in 8 connection with this action, to address their handling of such material at the end of 9 the litigation, and to serve the ends of justice, a protective order for such information 10 is justified in this matter. The parties shall not designate any information/documents 11 as confidential without a good faith belief that such information/documents have 12 been maintained in a confidential, non-public manner, and that there is good cause 13 or a compelling reason why it should not be part of the public record of this case. 14 2. DEFINITIONS 15 2.1 Action: Gabrielle Bynum v. County of Los Angeles, et al., Case No. 16 2:21-cv-04453-JPR. 17 2.2 Challenging Party: a Party or Nonparty that challenges the designation 18 of information or items under this Order. 19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored, or maintained) or tangible things that qualify for 21 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the 22 Good Cause Statement. 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 24 their support staff). 25 2.5 Designating Party: a Party or Nonparty that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this action. 8 2.8 House Counsel: attorneys who are employees of a Party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.9 Nonparty: any natural person, partnership, corporation, association, or 12 other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a 14 Party to this Action but are retained to represent or advise a Party and have appeared 15 in this Action on behalf of that Party or are affiliated with a law firm that has 16 appeared on behalf of that Party, including support staff. 17 2.11 Party: any Party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.12 Producing Party: a Party or Nonparty that produces Disclosure or 21 Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation 23 support services (for example, photocopying, videotaping, translating, preparing 24 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or 25 medium) and their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 28 // 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above) but also any information copied or extracted 6 from Protected Material; all copies, excerpts, summaries, or compilations of 7 Protected Material; and any testimony, conversations, or presentations by Parties or 8 their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial will be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order will remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. Final disposition is the later 15 of (1) dismissal of all claims and defenses in this Action, with or without prejudice, 16 or (2) final judgment after the completion and exhaustion of all appeals, rehearings, 17 remands, trials, or reviews of this Action, including the time limits for filing any 18 motions or applications for extension of time under applicable law. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Each Party or Nonparty that designates information or items for 21 protection under this Order must take care to limit any such designation to specific 22 material that qualifies under the appropriate standards. The Designating Party must 23 designate for protection only those parts of material, documents, items, or oral or 24 written communications that qualify so that other portions of the material, 25 documents, items, or communications for which protection is not warranted are not 26 swept unjustifiably within the ambit of this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 that are shown to be clearly unjustified or that have been made for an improper 1 purpose (for example, to unnecessarily encumber the case-development process or 2 to impose unnecessary expenses and burdens on other parties) may expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items it 5 designated for protection do not qualify for that level of protection, that Designating 6 Party must promptly notify all other Parties that it is withdrawing the inapplicable 7 designation. 8 5.2 Except as otherwise provided in this Order, Disclosure or Discovery 9 Material that qualifies for protection under this Order must be clearly so designated 10 before the material is disclosed or produced. 11 Designation in conformity with this Order requires the following: 12 (a) for information in documentary form (for example, paper or electronic 13 documents but excluding transcripts of depositions or other pretrial or trial 14 proceedings), the Producing Party must affix at a minimum the legend 15 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 16 or portions of the material on a page qualify for protection, the Producing Party 17 must clearly identify the protected portion(s) (for example, by making appropriate 18 markings in the margins). 19 A Party or Nonparty that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and 22 before the designation, all material made available for inspection must be treated as 23 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 24 wants copied and produced, the Producing Party must determine which documents, 25 or portions thereof, qualify for protection under this Order. Then, before producing 26 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 27 legend to each page that contains Protected Material. If only a portion or portions of 28 the material on a page qualify for protection, the Producing Party also must clearly 1 identify the protected portion(s) (for example, by making appropriate markings in 2 the margins). 3 (b) for testimony given in depositions, the Designating Party must identify 4 the Disclosure or Discovery Material that is protected on the record, before the close 5 of the deposition. 6 (c) for information produced in some form other than documentary and for 7 any other tangible items, the Producing Party must affix in a prominent place on the 8 exterior of the container or containers in which the information is stored the legend 9 “CONFIDENTIAL.” If only a portion or portions of the information warrant 10 protection, the Producing Party, to the extent practicable, must identify the protected 11 portion(s). 12 5.3 If timely corrected, an inadvertent failure to designate qualified 13 information or items does not, standing alone, waive the Designating Party’s right to 14 secure protection under this Order for that material. On timely correction of a 15 designation, the Receiving Party must make reasonable efforts to assure that the 16 material is treated in accordance with the provisions of this Order. 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Any Party or Nonparty may challenge a designation of confidentiality 19 at any time consistent with the Court’s scheduling order. 20 6.2 The Challenging Party must initiate the dispute-resolution process (and, 21 if necessary, file a discovery motion) under Local Rule 37. 22 6.3 The burden of persuasion in any such proceeding is on the Designating 23 Party. Frivolous challenges, and those made for an improper purpose (for example, 24 to harass or impose unnecessary expenses and burdens on other parties), may expose 25 the Challenging Party to sanctions. Unless the Designating Party has waived or 26 withdrawn the confidentiality designation, all parties must continue to afford the 27 material in question the level of protection to which it is entitled under the 28 Producing Party’s designation until the Court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Nonparty in connection with this Action only for 4 prosecuting, defending, or attempting to settle this Action. Such Protected Material 5 may be disclosed only to the categories of people and under the conditions described 6 in this Order. When the Action has been terminated, a Receiving Party must comply 7 with the provisions of Section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a manner sufficiently secure to ensure that access is limited to the 10 people authorized under this Order. 11 7.2 Unless otherwise ordered by the Court or permitted in writing by the 12 Designating Party, a Receiving Party may disclose any information or item 13 designated “CONFIDENTIAL” only to the following people: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 15 as employees of that Outside Counsel of Record to whom it is reasonably necessary 16 to disclose the information for this Action; 17 (b) the officers, directors, and employees (including House Counsel) of the 18 Receiving Party to whom disclosure is reasonably necessary for this Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (d) the Court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (g) the author or recipient of a document containing the information or a 28 custodian or other person who otherwise possessed or knew the information; 1 (h) during their depositions, witnesses and attorneys for witnesses to whom 2 disclosure is reasonably necessary, provided that the deposing party requests that the 3 witness sign the form attached as Exhibit A hereto and the witnesses will not be 4 permitted to keep any confidential information unless they sign the form, unless 5 otherwise agreed by the Designating Party or ordered by the Court. Pages of 6 transcribed deposition testimony or exhibits to depositions that reveal Protected 7 Material may be separately bound by the court reporter and may not be disclosed to 8 anyone except as permitted under this Order; and 9 (i) any mediator or settlement officer, and their supporting personnel, 10 mutually agreed on by any of the Parties engaged in settlement discussions or 11 appointed by the Court. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 13 IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation 15 that compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must: 17 (a) promptly notify in writing the Designating Party. Such notification must 18 include a copy of the subpoena or court order unless prohibited by law; 19 (b) promptly notify in writing the party who caused the subpoena or order to 20 issue in the other litigation that some or all of the material covered by the subpoena 21 or order is subject to this Protective Order. Such notification must include a copy of 22 this Order; and 23 (c) cooperate with respect to all reasonable procedures sought to be pursued 24 by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with 26 the subpoena or court order should not produce any information designated in this 27 action as “CONFIDENTIAL” before a determination on the protective-order request 28 by the relevant court unless the Party has obtained the Designating Party’s 1 permission. The Designating Party bears the burden and expense of seeking 2 protection of its Confidential Material, and nothing in these provisions should be 3 construed as authorizing or encouraging a Receiving Party in this Action to disobey 4 a lawful directive from another court. 5 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced by a 8 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 9 protected by the remedies and relief provided by this Order. Nothing in these 10 provisions should be construed as prohibiting a Nonparty from seeking additional 11 protections. 12 (b) In the event that a Party is required by a valid discovery request to 13 produce a Nonparty’s Confidential Information in its possession and the Party is 14 subject to an agreement with the Nonparty not to produce the Nonparty’s 15 Confidential Information, then the Party must: 16 (1) promptly notify in writing the Requesting Party and the Nonparty 17 that some or all of the information requested is subject to a confidentiality 18 agreement with a Nonparty; 19 (2) promptly provide the Nonparty with a copy of this Order, the 20 relevant discovery request(s), and a reasonably specific description of the 21 information requested; and 22 (3) make the information requested available for inspection by the 23 Nonparty, if requested. 24 (c) If the Nonparty fails to seek a protective order within 21 days of receiving 25 the notice and accompanying information, the Receiving Party may produce the 26 Nonparty’s Confidential Information responsive to the discovery request. If the 27 Nonparty timely seeks a protective order, the Receiving Party must not produce any 28 information in its possession or control that is subject to the confidentiality 1 agreement with the Nonparty before a ruling on the protective-order request. 2 Absent a court order to the contrary, the Nonparty must bear the burden and expense 3 of seeking protection of its Protected Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Order, the Receiving Party must immediately notify the Designating Party in writing 8 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized 9 copies of the Protected Material, inform the person or people to whom unauthorized 10 disclosures were made of the terms of this Order, and ask that person or people to 11 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 12 as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, 17 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 Procedure 26(b)(5)(B). 19 12. MISCELLANEOUS 20 12.1 Nothing in this Order abridges the right of any person to seek its 21 modification by the Court. 22 12.2 By stipulating to the entry of this Order, no Party waives any right it 23 otherwise would have to object to disclosing or producing any information or item 24 on any ground not addressed in this Order. Similarly, no Party waives any right to 25 object on any ground to use in evidence of any of the material covered by this 26 Order. 27 12.3 A Party that seeks to file under seal any Protected Material must 28 comply with Civil Local Rule 79-5. Protected Material may be filed under seal only 1 pursuant to a court order authorizing the sealing of the specific Protected Material at 2 issue. If a Party's request to file Protected Material under seal is denied, then the 3 Receiving Party may file the information in the public record unless otherwise 4 instructed by the Court. 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 7 days of a written request by the Designating Party, each Receiving Party must return 8 all Protected Material to the Producing Party or destroy such material. As used in 9 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected 11 Material. Whether the Protected Material is returned or destroyed, the Receiving 12 Party must submit a written certification to the Producing Party (and, if not the same 13 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 14 category, when appropriate) all the Protected Material that was returned or 15 destroyed and affirms that the Receiving Party has not retained any copies, abstracts, 16 compilations, summaries, or any other format reproducing or capturing any of the 17 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 18 archival copy of all pleadings; motion papers; trial, deposition, and hearing 19 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 20 reports; attorney work product; and consultant and expert work product even if such 21 materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Order as set forth in Section 4 23 (DURATION). 24 // 25 // 26 // 27 // 28 // 1114. SANCTIONS 2 Any willful violation of this Order may be punished by civil or criminal 3 || contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 4 | other appropriate action at the discretion of the Court. 5 6 | IT IS SO ORDERED. 7 hotter 9 || Dated: 10/27/2021 By 10 Honorable Jean P. Rosenbluth United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the U.S. District Court 7 for the Central District of California on [date] in the case of Gabrielle Bynum v. 8 County of Los Angeles, et al., Case No. 2:21-cv-04453-JPR. I agree to comply with 9 and to be bound by all terms of this Stipulated Protective Order, and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and 11 punishment, including contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to 13 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 U.S. District Court for the Central 15 District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 17 this action. I hereby appoint __________________________ [full name] of 18 _______________________________________ [full address and telephone 19 number] as my California agent for service of process in connection with this action 20 or any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: ______________________________________ 22 City and State where signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________

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