Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 1 of 17 Page ID #:162

MICHAEL N. FEUER, City Attorney - SBN 111529 1 SCOTT MARCUS, Chief Assistant City Attorney - SBN 184980 CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453 2 COLLEEN R. SMITH, Deputy City Attorney – SBN 209719 200 North Main Street, 6th Floor, City Hall East 3 Los Angeles, CA 90012 4 Phone No.: (213) 978-7027 Fax No.: (213) 978-8785 5 Email: [email protected]

6 Attorneys for Defendant CITY OF LOS ANGELES

7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 NICOLE CAVICANTE, individually CASE NO.: CV21-06676 KS and as Successor in Interest to RANDY Hon. Mag. Karen L. Stevenson, Ctrm. 580 12 MILLER, deceased, and JEREMY (Roybal Building) 13 CAVICANTE, individually and as Successor in Interest to RANDY STIPULATED PROTECTIVE 14 MILLER, deceased, ORDER AND [PROPOSED] ORDER 15 Plaintiffs, 16

17 vs. 18 CITY OF LOS ANGELES, a municipal 19 entity; OFFICER DANIEL NUNEZ, an 20 individual; OFFICER ANTONIO VALASCO, an individual; and DOES 1 21 through 10, inclusive, 22 Defendants. 23

24 25 1. PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidential, 27 proprietary, or private information for which special protection from public disclosure 28 and from use for any purpose other than prosecuting this litigation may be warranted. 1 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 2 of 17 Page ID #:163

1 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 2 Stipulated Protective Order. The parties acknowledge that this Stipulated Protective 3 Order does not confer blanket protections on all disclosures or responses to discovery 4 and that the protection it affords from public disclosure and use extends only to the 5 limited information or items that are entitled to confidential treatment under the 6 applicable legal principles. The parties further acknowledge, as set forth in Section 7 13.3 below, that this Stipulated Protective Order does not entitle them to file 8 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that 9 must be followed and the standards that will be applied when a party seeks permission 10 from the Court to file material under seal. 11 12 2. GOOD CAUSE STATEMENT 13 This action involves the City of Los Angeles and members of the Los Angeles 14 Police Department. Plaintiffs are seeking materials and information that Defendants 15 the City of Los Angeles et al. (“City”) maintain as confidential, such as personnel files 16 of the police officers involved in this incident, Internal Affairs materials and 17 information, video recordings, audio recordings, photographs, Force Investigation 18 Division materials and information and other administrative materials and information 19 currently in the possession of the City and which the City believes need special 20 protection from public disclosure and from use for any purpose other than prosecuting 21 this litigation. Plaintiffs are also seeking official information contained in the personnel 22 files of the police officers involved in the subject incident, which the City maintains as 23 strictly confidential and which the City believes need special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation. 25 The City asserts that the confidentiality of the materials and information sought 26 by Plaintiffs is recognized by California and federal law, as evidenced inter alia by 27 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal., 28

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

(1976). The City has not publicly 2 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 3 of 17 Page ID #:164

1 released the materials and information referenced above except under protective order 2 or pursuant to a court order, if at all. These materials and information are of the type 3 that has been used to initiate disciplinary action against Los Angeles Police Department 4 (“LAPD”) officers, and has been used as evidence in disciplinary proceedings, where 5 the officers’ conduct was considered to be contrary to LAPD policy. 6 The City contends that absent a protective order delineating the responsibilities 7 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 8 and undue disclosure by one or more of the many attorneys, secretaries, law clerks, 9 paralegals and expert witnesses involved in this case, as well as the corollary risk of 10 embarrassment, harassment and professional and legal harm on the part of the LAPD 11 officers referenced in the materials and information. 12 The City also contends that the unfettered disclosure of the materials and 13 information, absent a protective order, would allow the media to share this information 14 with potential jurors in the area, impacting the rights of the City herein to receive a fair 15 trial. 16 Accordingly, to expedite the flow of information, to facilitate the prompt 17 resolution of disputes over confidentiality of discovery materials, to adequately protect 18 information the parties are entitled to keep confidential, to ensure that the parties are 19 permitted reasonable necessary uses of such material in preparation for and in the 20 conduct of trial, to address their handling at the end of the litigation, and serve the ends 21 of justice, a protective order for such information is justified in this matter. It is the 22 intent of the parties that information will not be designated as confidential for tactical 23 reasons and that nothing be so designated without a good faith belief that it has been 24 maintained in a confidential, non-public manner, and there is good cause why it should 25 not be part of the public record of this case. 26 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve 27 the respective interests of the parties while streamlining the process of resolving any 28 disagreements. 3 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 4 of 17 Page ID #:165

1 The parties therefore stipulate that there is Good Cause for, and hereby jointly 2 request that the honorable Court issue a Protective Order regarding confidential 3 documents consistent with the terms and provisions of this Stipulation. However, the 4 entry of a Protective Order by the Court pursuant to this Stipulation shall not be 5 construed as any ruling by the Court on the aforementioned legal statements or privilege 6 claims in this section, no shall this section be construed as part of any such Court Order. 7 8 3. DEFINITIONS 9 3.1 Action: This pending federal lawsuit, Nicole Cavicante et al., v. City of 10 Los Angeles, et al. CV21-06676 KS. 11 3.2 Challenging Party: a Party or Non-Party that challenges the designation 12 of information or items under this Order. 13 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for protection 15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 16 Statement. This also includes (1) any information copied or extracted from the 17 Confidential information; (2) all copies, excerpts, summaries, abstracts or compilations 18 of Confidential information; and (3) any testimony, conversations, or presentations that 19 might reveal Confidential information. 20 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 support staff), including counsel of record for the parties to this civil litigation and their 22 support staff. 23 3.5 Designating Party: A Party or Nonparty that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 3.6 Disclosure or Discovery Material: All items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 4 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 5 of 17 Page ID #:166

1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 3.7 Expert: A person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 5 expert witness or as a consultant in this Action. 6 3.8 Final Disposition: when this Action has been fully and completely 7 terminated by way of settlement, dismissal, trial, appeal and/or remand to state court. 8 3.9 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 3.10 Non-party: Any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 3.11 Outside Counsel of Record: Attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that has 16 appeared on behalf of that party, and includes support staff. 17 3.12 Party: Any party to this Action, including all of its officers, directors, 18 boards, departments, divisions, employees, consultants, retained experts, House 19 Counsel, and Outside Counsel of Record (and their support staffs). 20 3.13 Producing Party: A Party or Nonparty that produces Disclosure or 21 Discovery Material in this Action. 22 3.14 Professional Vendors: Persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 25 their employees and subcontractors. 26 3.15 Protected Material: Any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 28 5 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 6 of 17 Page ID #:167

1 3.16 Receiving Party: A Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 4 4. SCOPE 5 The protections conferred by this Stipulated and Order cover not only Protected 6 Material (as defined above), but also (1) any information copied or extracted from 7 Protected Material; (2) all copies, excerpts, abstracts, summaries, or compilations of 8 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 9 their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of the trial 11 judge. This Order does not govern the use of Protected Material at trial. 12 13 5. DURATION 14 Even after Final Disposition, as set forth in Section 3.8 above, of this litigation, 15 the confidentiality obligations imposed by this Order shall remain in effect until a 16 Designating Party agrees otherwise in writing or a court order otherwise directs. Final 17 disposition of this pending federal Action shall be deemed to be the later of (1) 18 dismissal of all claims and defenses in this Action, with or without prejudice; and (2) 19 final judgment herein after the completion and exhaustion of all appeals, rehearings, 20 remands (as it relates to appeals of this federal Action), trials, or reviews of this Action, 21 including the time limits for filing any motions or applications for extension of time 22 pursuant to applicable law. 23

24 6. DESIGNATING PROTECTED MATERIAL 25 6.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Nonparty that designates information or items for protection under 27 this Order must take care to limit any such designation to specific material that qualifies 28 6 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 7 of 17 Page ID #:168

1 under the appropriate standards. The Designating Party must designate for protection 2 only those parts of material, documents, items or oral or written communications that 3 qualify so that other portions of the material, documents, items or communications for 4 which protection is not warranted are not swept unjustifiably within the ambit of this 5 Order. 6 Mass, indiscriminate or routinized designations are prohibited. Designations that 7 are shown to be clearly unjustified or that have been made for an improper purpose 8 (e.g., to unnecessarily encumber the case development process or to impose 9 unnecessary expenses and burdens on other parties) may expose the Designating Party 10 to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 designated for protection do not qualify for protection, that Designating Party must 13 promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 6.2 Manner and Timing of Designations. Except as otherwise provided in 15 this Order(see, e.g., second paragraph of section 6.2(a) below), or as otherwise 16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 17 under this Order must be clearly so designated before the material is disclosed or 18 produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic documents, 21 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 22 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of a 23 similar effect, and that includes the case name and case number (hereinafter 24 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 25 portion of the material on a page qualifies for protection, the Producing Party also must 26 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 27 margins). 28 7 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 8 of 17 Page ID #:169

1 A Party or Nonparty that makes original documents available for inspection need 2 not designate them for protection until after the inspecting Party has indicated which 3 documents it would like copied and produced. During the inspection and before the 4 designation, all of the material made available for inspection shall be deemed 5 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 6 copied and produced, the Producing Party must determine which documents, or 7 portions thereof, qualify for protection under this Order. Then, before producing the 8 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to 9 each page that contains Protected Material. If only a portion of the material on a page 10 qualifies for protection, the Producing Party also must clearly identify the protected 11 portion(s) (e.g., by making appropriate markings in the margins). 12 (b) for testimony given in depositions that the Designating Party identifies the 13 Disclosure or Discovery Material on the record, before the close of the deposition all 14 protected testimony. 15 (c) for information produced in some form other than documentary and for any 16 other tangible items, that the Producing Party affix in a prominent place on the exterior 17 of the container or containers in which the information is stored the legend 18 “CONFIDENTIAL.” If only a portion or portions of the information warrants 19 protection, the Producing Party, to the extent practicable, shall identify the protected 20 portion(s). 21 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive the 23 Designating Party’s right to secure protection under this Order for such material. Upon 24 timely correction of a designation, the Receiving Party must make reasonable efforts to 25 assure that the material is treated in accordance with the provisions of this Order. 26 /// 27 /// 28 /// 8 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 9 of 17 Page ID #:170

1 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 7.1 Timing of Challenges. Any Party or Nonparty may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s Scheduling 4 Order. 5 7.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 7.3 Burden of Persuasion. The burden of persuasion in any such challenge 8 proceeding shall be on the Designating Party. Frivolous challenges, and those made for 9 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 10 other parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall continue 12 to afford the material in question the level of protection to which it is entitled under the 13 Producing Party’s designation until the Court rules on the challenge. 14 15 8. ACCESS TO AND USE OF PROTECTED MATERIAL 16 8.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Nonparty in connection with this Action 18 only for prosecuting, defending or attempting to settle this Action. Such Protected 19 Material may be disclosed only to the categories of persons and under the conditions 20 described in this Order. When the Action has been terminated, a Receiving Party must 21 comply with the provisions of section 14 below (FINAL DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 28 only to: 9 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 10 of 17 Page ID #:171

1 (a) The parties to the action; 2 (b) The Receiving Party’s Outside Counsel of Record in this Action, as well as 3 employees of said Outside Counsel of Record to whom it is reasonably necessary to 4 disclose the information for this Action; 5 (c) The officers, directors, and employees (including House Counsel) of the 6 Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (d) Experts of the Receiving Party to whom disclosure is reasonably necessary 8 for this Action and who have signed the “Acknowledgment and Agreement to Be 9 Bound” (Exhibit A); 10 (e) The Court and its personnel; 11 (f) Court reporters and their staff; 12 (g) Professional jury or trial consultants, mock jurors, and Professional Vendors 13 to whom disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (h) The author or recipient of a document containing the information or a 16 custodian or other person who otherwise possessed or knew the information; 17 (i) During their depositions, witnesses, and attorneys for witnesses, in the Action 18 to whom disclosure is reasonably necessary provided: (1) the deposing party requests 19 that the witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A; 20 and (2) they will not be permitted to keep any confidential information unless they sign 21 the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the 22 Designating Party or ordered by the Court. Pages of transcribed deposition testimony 23 or exhibits to depositions that reveal Protected Material may be separately bound by the 24 court reporter and may not be disclosed to anyone except as permitted under this 25 Stipulated Protective Order; and 26 (j) Any mediator or settlement officer, and their supporting personnel, mutually 27 agreed upon by any of the parties engaged in settlement discussions and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 10 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 11 of 17 Page ID #:172

1 8.3. Retention of “Acknowledgment and Agreement to Be Bound”. Counsel 2 making the disclosure to any qualified person described herein shall retain the original 3 executed copy of the Nondisclosure Agreement until sixty (60) days after this litigation 4 has become final, including any appellate review, and monitoring of an injunction. 5 Counsel for the Receiving Party shall maintain all signed Nondisclosure Agreements 6 and shall produce the original signature page upon reasonable written notice from 7 opposing counsel. If an issue arises regarding a purported unauthorized disclosure of 8 Confidential Information, upon noticed motion of contempt filed by the Designating 9 Party, counsel for the Receiving Party may be required to file the signed Nondisclosure 10 Agreements, as well as a list of the disclosed materials, in camera with the Court having 11 jurisdiction of the Stipulation. 12

13 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 14 IN OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation that 16 compels disclosure of any information or items designated in this Action as 17 “CONFIDENTIAL,” that Party must: 18 (a) Promptly notify in writing the Designating Party. Such notification shall 19 include a copy of the subpoena or court order; 20 (b) Promptly notify in writing the party who caused the subpoena or order to 21 issue in the other litigation that some or all of the material covered by the subpoena or 22 order is subject to this Stipulated Protective Order. Such notification shall include a 23 copy of this Stipulated Protective Order; and 24 (c) Cooperate with respect to all reasonable procedures sought to be pursued by 25 the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with the 27 subpoena or court order shall not produce any information designated in this action as 28 11 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 12 of 17 Page ID #:173

1 “CONFIDENTIAL” before a determination by the court from which the subpoena or 2 order issued, unless the Party has obtained the Designating Party’s permission. The 3 Designating Party shall bear the burden and expense of seeking protection in that court 4 of its confidential material and nothing in these provisions should be construed as 5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 6 directive from another court. 7 8 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 10.1 Application. The terms of this Stipulated Protective Order are applicable 11 to information produced by a Non-Party in this Action and designated as 12 “CONFIDENTIAL.” Such information produced by Non-parties in connection with 13 this litigation is protected by the remedies and relief provided by this Stipulated 14 Protective Order. Nothing in these provisions should be construed as prohibiting a Non- 15 party from seeking additional protections. 16 10.2 Notification. In the event that a Party is required, by a valid discovery 17 request, to produce a Non-party’s confidential information in its possession, and the 18 Party is subject to an agreement with the Non-party not to produce the Non-party’s 19 confidential information, then the Party shall: 20 (1) Promptly notify in writing the Requesting Party and the Non-party that some 21 or all of the information requested is subject to a confidentiality agreement with a Non- 22 party; 23 (2) Promptly provide the Non-party with a copy of the Stipulated Protective 24 Order in this Action, the relevant discovery request(s), and a reasonably specific 25 description of the information requested; and 26 (3) Make the information requested available for inspection by the Non-party, if 27 requested. 28 /// 12 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 13 of 17 Page ID #:174

1 10.3 Conditions of Production. If the Non-party fails to seek a protective order 2 from this Court within fourteen (14) days of receiving the notice and accompanying 3 information, the Receiving Party may produce the Non-party’s confidential information 4 responsive to the discovery request. If the Non-party timely seeks a protective order, 5 the Receiving Party shall not produce any information in its possession or control that 6 is subject to the confidentiality agreement with the Non-party before a determination 7 by the Court. Absent a court order to the contrary, the Non-party shall bear the burden 8 and expense of seeking protection in this court of its Protected Material. 9 10 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 14 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 15 all unauthorized copies of the Protected Material, (c) inform the person or persons to 16 whom unauthorized disclosures were made of all the terms of this Stipulated Protective 17 Order, and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A). 19 20 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 26 may be established in an e-discovery order that provides for production without prior 27 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 28 parties reach an agreement on the effect of disclosure of a communication or 13 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 14 of 17 Page ID #:175

1 information covered by the attorney-client privilege or work product protection, the 2 parties may incorporate their agreement in the Stipulated Protective Order submitted to 3 the Court. 4 5 13. MISCELLANEOUS 6 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order 7 abridges the right of any person to seek its modification by the Court in the future. 8 9 13.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Stipulated Protective Order, no Party waives any right it otherwise would have to object 11 to disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any 13 ground to use in evidence of any of the material covered by this Stipulated Protective 14 Order. 15 13.3 Filing Protected Material. A Party that seeks to file under seal any 16 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 17 only be filed under seal pursuant to a court order authorizing the sealing of the specific 18 Protected Material at issue. If a Party’s request to file Protected Material under seal is 19 denied by the court, then the Receiving Party may file the information in the public 20 record unless otherwise instructed by the Court. 21 22 14. FINAL DISPOSITION 23 After the FINAL DISPOSITION of this Action, as defined in paragraph 3.8, 24 within sixty (60) days of a written request by the Designating Party, each Receiving 25 Party must return all Protected Material to the Producing Party. As used in this 26 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected 28 Material. The Receiving Party must submit a written certification to the Producing 14 [PROPOSED] STIPULATED PROTECTIVE ORDER Case 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page 15 of 17 Page ID #:176

1 Party (and, if not the same person or entity, to the Designating Party) by the 60-day 2 deadline that (1) identifies (by category, where appropriate) all the Protected Material 3 that was returned and (2) affirms that the Receiving Party has not retained any copies, 4 abstracts, compilations, summaries or any other format reproducing or capturing any of 5 the Protected Material. Notwithstanding this provision, Counsel is entitled to retain an 6 archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; 7 legal memoranda; correspondence; deposition and trial exhibits; expert reports; 8 attorney work product; and consultant and expert work product, even if such materials 9 contain Protected Material. Any such archival copies that contain or constitute 10 Protected Material remain subject to this Stipulated Protective Order as set forth in 11 Section 5 (DURATION). 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 15 [PROPOSED] STIPULATED PROTECTIVE ORDER se 2:21-cv-06676-KS Document 29 Filed 02/23/22 Page16of17 Page ID #:177

1/|15. VIOLATION 2 Any violation of this Stipulated Protective Order may be punished by any and all 3||appropriate measures including, without limitation, contempt proceedings and/or 4|| monetary sanctions. 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 8 || Dated: February 22, 2022 IVIE McNEILL WYATT PURCELL & DIGGS 9 By: _ /s/ Rodney S. Diggs 10 RODNEY S. DIGGS 1 DARRLY MEIGS Attorney for Plaintiffs NICOLE CAVICANTE 12 and JEREMY CAVICANTE 13 Dated: February 22, 2022 MICHAEL N. FEUER, City Attorney 14 SCOTT MARCUS, Chief Assistant City Attorney 15 CORY M. BRENTE, Senior Assistant City Attorney 16 By: /s/ Colleen R. Smith 17 COLLEEN R. SMITH, Deputy City Attorney Attorneys for Defendants CITY OF LOS ANGELES 18 19 50 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

21 9 Dated: _February 23, 2022 ALM, : HONORABLE KAREN L. STEVENSON 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 16 {PROPOSED} STIPULATED PROTECTIVE ORDER

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1 ATTACHMENT “A” 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 4 I, [full name], of 5 [address], declare under penalty of perjury that I have read in its 6 entirety and understand the Stipulated Protective Order that was issued by the United 7 States District Court for the Central District of California on [date] in 8 the case of Nicole Cavicante, et al. v. City of Los Angeles, et al , United States District 9 Court for the Central District of California, Central Division, Case No. CV21-06676 10 KS. I agree to comply with and to be bound by all the terms of this Stipulated Protective 11 Order, and I understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 13 disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the provisions 15 of this Stipulated Protective Order. 16 I further agree to submit to the jurisdiction of the United States District Court for 17 the Central District of California for the purpose of enforcing the terms of this Stipulated 18 Protective Order, even if such enforcement proceedings occur after termination of this 19 action. I hereby appoint [full name] of 20 [address and telephone number] as my California 21 agent for service of process in connection with this action or any proceedings related to 22 enforcement of this Stipulated Protective Order. 23 24 Signature: 25 Printed Name: 26 Date: 27 City and State Where Sworn and Signed: 28