Case 2:22-cv-02640-SB-AGR Document 23 Filed 08/04/22 Page 1 of 17 Page ID #:171

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

6 Attorneys for Defendants CITY OF LOS ANGELES and 7 CHIEF MICHEL MOORE

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 12 KARL AUGUSTUS, CASE NO.: CV22-02640-SB (AGRx)

Hon. Stanley Blumenfeld, Jr., Crtm. 6C. 13 Plaintiff, Hon. Mag. Alicia G. Rosenberg, Crtm. 550, 5th v. 14 Flr. CITY OF LOS ANGELES; CHIEF 15 MICHEL MOORE; and DOES 1-10. [PROPOSED] STIPULATED

16 Defendants. PROTECTIVE ORDER

17

18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, proprietary, 21 or private information for which special protection from public disclosure and from use 22 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 23 parties hereby stipulate to and petition the Court to enter the following Stipulated 24 Protective Order. The parties acknowledge that this Stipulated Protective Order does not 25 confer blanket protections on all disclosures or responses to discovery and that the 26 protection it affords from public disclosure and use extends only to the limited information 27 or items that are entitled to confidential treatment under the applicable legal principles. 28 The parties further acknowledge, as set forth in Section 12.3 below, that this Stipulated

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1 Protective Order does not entitle them to file confidential information under seal; Civil 2 Local Rule 79-5 sets forth the procedures that must be followed and the standards that will 3 be applied when a party seeks permission from the Court to file material under seal. 4 5 B. GOOD CAUSE STATEMENT 6 This action involves the City of Los Angeles and members of the Los Angeles 7 Police Department. Plaintiff is seeking materials and information that Defendants the City 8 of Los Angeles et al. (“City”) contend are confidential, such as personnel files of the police 9 officers involved in this incident, Internal Affairs materials and information, video 10 recordings, audio recordings, photographs, Force Investigation Division materials and 11 information and other administrative materials and information currently in the possession 12 of the City and which the City believes need special protection from public disclosure and 13 from use for any purpose other than prosecuting this litigation. Plaintiffs are also seeking 14 official information contained in the personnel files of the police officers involved in the 15 subject incident, which the City contends are strictly confidential and which the City 16 believes need special protection from public disclosure and from use for any purpose other 17 than prosecuting this litigation. 18 The City asserts that the confidentiality of the materials and information sought by 19 Plaintiffs is recognized by California and federal law, as evidenced inter alia by California 20 Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal.,

, 21 198 (9th Cir. 1975), aff'd,

(1976). The City contends that it has not publicly 22 released the materials and information referenced above except under protective order or 23 pursuant to a court order, if at all. These materials and information are of the type that has 24 been used to initiate disciplinary action against Los Angeles Police Department (“LAPD”) 25 officers, and has been used as evidence in disciplinary proceedings, where the officers’ 26 conduct was considered to be contrary to LAPD policy. 27 The City contends that absent a protective order delineating the responsibilities of 28 nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary and

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1 undue disclosure by one or more of the many attorneys, secretaries, law clerks, paralegals 2 and expert witnesses involved in this case, as well as the corollary risk of embarrassment, 3 harassment and professional and legal harm on the part of the LAPD officers referenced 4 in the materials and information. 5 The City also contends that the unfettered disclosure of the materials and 6 information, absent a protective order, would allow the media to share this information 7 with potential jurors in the area, impacting the rights of the City herein to receive a fair 8 trial. 9 Plaintiff does not concur in the foregoing representations or the applicability of the 10 foregoing authorities but agrees that a protective order is necessary to facilitate discovery 11 in this case. 12 Defendants may seek information such as Plaintiff’s medical records that Plaintiff 13 believes are highly sensitive, confidential, and are legally protected from disclosure. See 14 Wooden v. Comprehensive Health Mgmt., No. 20-00053 LEK-WRP, 2021 U.S. Dist.

, at *3 (D. Haw. May 28, 2021) (“[M]edical records are confidential, as 16 recognized under the Health Insurance Portability and Accountability Act of 1996.”); 17 Pratt v. Gamboa, No. 17-CV-04375-LHK,

, at *5 (N.D. Cal. 18 May 22, 2020) (same). Plaintiff contends that the undue disclosure of such information 19 creates a specific risk of embarrassment, emotional harm, reputational harm, and 20 professional harm. 21 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 22 of disputes over confidentiality of discovery materials, to adequately protect information 23 the parties are entitled to keep confidential, to ensure that the parties are permitted 24 reasonable necessary uses of such material in preparation for and in the conduct of trial, 25 to address their handling at the end of the litigation, and serve the ends of justice, a 26 protective order for such information is justified in this matter. It is the intent of the parties 27 that information will not be designated as confidential for tactical reasons and that nothing 28 be so designated without a good faith belief that it has been maintained in a confidential,

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1 non-public manner, and there is good cause why it should not be part of the public record 2 of this case. 3 The Parties agree that there is Good Cause for a Protective Order so as to preserve 4 the respective interests of the parties while streamlining the process of resolving any 5 disagreements. 6 The parties therefore stipulate that there is Good Cause for, and hereby jointly 7 request that the honorable Court issue a Protective Order regarding confidential 8 documents consistent with the terms and provisions of this Stipulation. However, the entry 9 of a Protective Order by the Court pursuant to this Stipulation shall not be construed as 10 any ruling by the Court on the aforementioned legal statements or privilege claims in this 11 section, no shall this section be construed as part of any such Court Order. 12 13 2. DEFINITIONS 14 2.1 Action: This pending federal lawsuit, Karl Augustus v. City of Los Angeles, 15 et al. CV22-02640-SB (AGRx). 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for protection 20 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 21 Statement. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 23 support staff), including counsel of record for the parties to this civil litigation and their 24 support staff. 25 2.5 Designating Party: A Party or Non-party that designates information or 26 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: All items or information, regardless of 28 the medium or manner in which it is generated, stored, or maintained (including, among

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1 other things, testimony, transcripts, and tangible things), that are produced or generated in 2 disclosures or responses to discovery by any Party in this matter. 3 2.7 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 2.8 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 2.9 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 counsel. 10 2.10 Non-party: Any natural person, partnership, corporation, association or 11 other legal entity not named as a Party to this action. 12 2.11 Outside Counsel of Record: Attorneys who are not employees of a party to 13 this Action but are retained to represent or advise a party to this Action and have appeared 14 in this Action on behalf of that party or are affiliated with a law firm that has appeared on 15 behalf of that party, and includes support staff. 16 2.12 Party: Any party to this Action, including all of its officers, directors, 17 boards, departments, divisions, employees, consultants, retained experts, House Counsel 18 and Outside Counsel of Record (and their support staffs). 19 2.13 Producing Party: A Party or Nonparty that produces Disclosure or 20 Discovery Material in this Action, including a Party that is defending a deposition noticed 21 or subpoenaed by another Party. 22 2.14 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 2.15 Protected Material: Any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL. (The term “Confidential Document” shall by 28 synonymous with the term “Protected Material” for the purposes of this Stipulation and

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1 any associated Protective Order.) 2 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material 3 from a Producing Party, including a Party that has noticed or subpoenaed and is taking a 4 deposition or comparable testimony. 5 6 3. SCOPE 7 The protections conferred by this Stipulated and Order cover not only Protected 8 Material (as defined above), but also (1) any information copied or extracted from 9 Protected Material; (2) all copies, excerpts, abstracts, summaries, or compilations of 10 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 11 their Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the trial 13 judge. This Order does not govern the use of Protected Material at trial. 14 15 4. DURATION 16 The Parties will meet and confer no later than the Rule 16-2 conference regarding 17 the pre-trial exchange of documents without any CONFIDENTIAL legend that either 18 Party places on the trial exhibit list and that the Party reasonably expects may be used at 19 trial. This exchange of documents shall not change their confidential designation. Any 20 such documents not introduced into evidence at trial shall be destroyed within 30 days 21 following the conclusion of trial. 22 Once a case proceeds to trial, all of the information introduced into evidence at trial 23 that was designated as confidential or maintained pursuant to this protective order 24 becomes public and will be presumptively available to all members of the public, 25 including the press, unless compelling reasons supported by specific factual findings to 26 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 27 and County of Honolulu,

(9th Cir. 2006) (distinguishing “good 28 cause” showing for sealing documents produced in discovery from “compelling reasons”

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1 standard when merits-related documents are part of court record). Accordingly, the terms 2 of this protective order do not extend beyond the commencement of the trial. 3 If the case does not proceed to trial, even after Final Disposition, as set forth in 4 Section 2.8 above, of this litigation, the confidentiality obligations imposed by this Order 5 shall remain in effect until a Designating Party agrees otherwise in writing or a court order 6 otherwise directs. Final disposition of this pending federal Action shall be deemed to be 7 the later of (1) dismissal of all claims and defenses in this Action, with or without 8 prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, 9 rehearings, remands (as it relates to appeals of this federal Action), trials, or reviews of 10 this Action, including the time limits for filing any motions or applications for extension 11 of time pursuant to applicable law. 12 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. 15 Each Party or Nonparty that designates information or items for protection under 16 this Order must take care to limit any such designation to specific material that qualifies 17 under the appropriate standards. The Designating Party must designate for protection only 18 those parts of material, documents, items or oral or written communications that qualify 19 so that other portions of the material, documents, items or communications for which 20 protection is not warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate or routinized designations are prohibited. Designations that 22 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 23 to unnecessarily encumber the case development process or to impose unnecessary 24 expenses and burdens on other parties) may expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 / / /

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1 5.2 Manner and Timing of Designations. Except as otherwise provided in this 2 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 3 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 4 must be clearly so designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic documents, but 7 excluding transcripts of depositions or other pretrial or trial proceedings), that the 8 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of a similar 9 effect, and that includes the case name and case number (hereinafter “CONFIDENTIAL 10 legend”), to the top or bottom margin of each page that contains protected material. If 11 only a portion of the material on a page qualifies for protection, the Producing Party also 12 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 13 margins). The CONFIDENTIAL legend shall not interfere with the ability to read any text 14 or see any image in the document. 15 A Party or Nonparty that makes original documents available for inspection need 16 not designate them for protection until after the inspecting Party has indicated which 17 documents it would like copied and produced. During the inspection and before the 18 designation, all of the material made available for inspection shall be deemed 19 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 20 copied and produced, the Producing Party must determine which documents, or portions 21 thereof, qualify for protection under this Order. Then, before producing the specified 22 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 23 that contains Protected Material. If only a portion of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 25 making appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party identifies the 27 Disclosure or Discovery Material on the record, before the close of the deposition all 28 protected testimony.

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1 (c) for information produced in some form other than documentary and for any 2 other tangible items, that the Producing Party affix in a prominent place on the exterior of 3 the container or containers in which the information is stored the legend 4 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 5 the Producing Party, to the extent practicable, shall identify the protected portion(s). 6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 failure to designate qualified information or items does not, standing alone, waive the 8 Designating Party’s right to secure protection under this Order for such material. Upon 9 timely correction of a designation, the Receiving Party must make reasonable efforts to 10 assure that the material is treated in accordance with the provisions of this Order. 11 5.4 Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall 12 not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove a 13 “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any other 14 action so as to make it appear that Protected Material is not subject to the terms and 15 provisions of this Stipulation and its associated Order. However, nothing in this section 16 shall be construed so as to prevent a Receiving Party from challenging a confidentiality 17 designation subject to the provisions of section 6, infra. 18 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Nonparty may challenge a designation 21 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 23 process under Local Rule 37.1 et seq. 24 6.3 Burden of Persuasion. The burden of persuasion in any such challenge 25 proceeding shall be on the Designating Party. Frivolous challenges, and those made for 26 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 parties) may expose the Challenging Party to sanctions. Unless the Designating Party has 28 waived or withdrawn the confidentiality designation, all parties shall continue to afford

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1 the material in question the level of protection to which it is entitled under the Producing 2 Party’s designation until the Court rules on the challenge. 3 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-party in connection with this Action 7 only for prosecuting, defending or attempting to settle this Action. Such Protected 8 Material may be disclosed only to the categories of persons and under the conditions 9 described in this Order. When the Action has been terminated, a Receiving Party must 10 comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a location 12 and in a secure manner that ensures that access is limited to the persons authorized under 13 this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 17 only to: 18 (a) The Receiving Party and their Outside Counsel of Record in this Action, as well 19 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 20 disclose the information for this Action; 21 (b) The officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 24 reasonably necessary for this Action and who have signed the “Acknowledgment and 25 Agreement to Be Bound” (Exhibit A); 26 (d) The Court and its personnel; 27 (e) Court reporters and their staff; 28 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to

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1 whom disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (g) The author or recipient of a document containing the information or a custodian 4 or other person who otherwise possessed or knew the information; 5 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action 6 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that 7 the witness sign the form Exhibit A hereto; and (2) they will not be permitted to keep any 8 confidential information unless they sign the “Acknowledgment and Agreement to Be 9 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 10 Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 11 Protected Material may be separately bound by the court reporter and may not be disclosed 12 to anyone except as permitted under this Stipulated Protective Order; and 13 (i) Any mediator or settlement officer, and their supporting personnel, mutually 14 agreed upon by any of the parties engaged in settlement discussions and who have signed 15 the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 16 7.3 Retention of Executed Nondisclosure Agreement (Exhibit A). Counsel 17 making the disclosure to any qualified person described herein shall retain the original 18 executed copy of the Nondisclosure Agreement until sixty (60) days after this litigation 19 has become final, including any appellate review, and monitoring of an injunction. 20 Counsel for the Receiving Party shall maintain all signed Nondisclosure Agreements and 21 shall produce the signature page (either a physical or electronic copy) upon reasonable 22 written notice from opposing counsel. If an issue arises regarding a purported 23 unauthorized disclosure of Confidential Information, upon noticed motion of contempt 24 filed by the Designating Party, counsel for the Receiving Party may be required to lodge 25 the signed Nondisclosure Agreements, as well as a list of the disclosed materials, in 26 camera with the Court having jurisdiction of the Stipulation if ordered to do so by the 27 Court. 28 / / /

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1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) Promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) Promptly notify in writing the party who caused the subpoena or order to issue 9 in the other litigation that some or all of the material covered by the subpoena or order is 10 subject to this Stipulated Protective Order. Such notification shall include a copy of this 11 Stipulated Protective Order; and 12 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 13 Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 17 issued, unless the Party has obtained the Designating Party’s permission. The Designating 18 Party shall bear the burden and expense of seeking protection in that court of its 19 confidential material and nothing in these provisions should be construed as authorizing 20 or encouraging a Receiving Party in this Action to disobey a lawful directive from another 21 court. 22 23 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 24 IN THIS LITIGATION 25 9.1 Application. The terms of this Stipulated Protective Order are applicable to 26 information produced by a Non-Party in this Action and designated as 27 “CONFIDENTIAL.” Such information produced by Non-parties in connection with this 28 litigation is protected by the remedies and relief provided by this Stipulated Protective

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1 Order. Nothing in these provisions should be construed as prohibiting a Non-party from 2 seeking additional protections. 3 9.2 Notification. In the event that a Party is required, by a valid discovery request, 4 to produce a Non-party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-party not to produce the Non-party’s confidential 6 information, then the Party shall: 7 (1) Promptly notify in writing the Requesting Party and the Non-party that some or 8 all of the information requested is subject to a confidentiality agreement with a Non-party; 9 (2) Promptly provide the Non-party with a copy of the Stipulated Protective Order 10 in this Action, the relevant discovery request(s), and a reasonably specific description of 11 the information requested; and 12 (3) Make the information requested available for inspection by the Non-party, if 13 requested. 14 9.3 Conditions of Production. If the Non-party fails to seek a protective order 15 from this Court within fourteen (14) days of receiving the notice and accompanying 16 information, the Receiving Party may produce the Non-party’s confidential information 17 responsive to the discovery request. If the Non-party timely seeks a protective order, the 18 Receiving Party shall not produce any information in its possession or control that is 19 subject to the confidentiality agreement with the Non-party before a determination by the 20 Court. Absent a court order to the contrary, the Non-party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 27 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 28 unauthorized copies of the Protected Material, (c) inform the person or persons to whom

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1 unauthorized disclosures were made of all the terms of this Stipulated Protective Order, 2 and (d) request such person or persons to execute the “Acknowledgment and Agreement 3 to Be Bound” Exhibit A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain inadvertently 8 produced material is subject to a claim of privilege or other protection, the obligations of 9 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 10 This provision is not intended to modify whatever procedure may be established in an e- 11 discovery order that provides for production without prior privilege review. Pursuant to 12 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 13 effect of disclosure of a communication or information covered by the attorney-client 14 privilege or work product protection, the parties may incorporate their agreement in the 15 Stipulated Protective Order submitted to the Court. 16 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 19 abridges the right of any 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 Stipulated Protective Order, no Party waives any right it otherwise would have to object 22 to 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 ground 24 to use in evidence of any of the material covered by this Stipulated Protective Order. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Local Civil Rule 79-5. Protected Material may only 27 be filed under seal pursuant to a court order authorizing the sealing of the specific 28 Protected Material at issue. If a Party’s request to file Protected Material under seal is

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1 denied by the court, then the Receiving Party may file the information in the public record 2 unless otherwise instructed by the Court. 3 4 13. FINAL DISPOSITION 5 After the FINAL DISPOSITION of this Action, as defined in paragraphs 2.8 and , 6 within 60 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As used in 8 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected Material. 10 The Receiving Party must submit a written certification to the Producing Party (and, if not 11 the same person or entity, to the Designating Party) by the 60-day deadline that (1) 12 identifies (by category, where appropriate) all the Protected Material that was returned or 13 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 14 compilations, summaries or any other format reproducing or capturing any of the 15 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 16 archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; 17 legal memoranda; correspondence; deposition and trial exhibits; expert reports; attorney 18 work product; and consultant and expert work product, even if such materials contain 19 Protected Material. Any such archival copies that contain or constitute Protected Material 20 remain subject to this Stipulated Protective Order as set forth in Section 4 (DURATION). 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /

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1 |}14. 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 9 Dated: July 8, 2022 HADSELL STORMER RENICK & DAI LLP

10 By: _/s/ Cathi Choi 11 DAN STORMER, Esq. 12 BRIAN OLNEY, Esq. B CATHI CHOI, Esq. Attorneys for Plaintiff, KARL AUGUSTUS 14 15 16 Dated: July 8, 2022 MICHAEL N. FEUER, City Attorney SCOTT MARCUS, Chief Assistant City Attorney 17 CORY M. BRENTE, Senior Assistant City Attorney 18 By: /s/ Colleen R. Smith 19 COLLEEN R. SMITH, Deputy City Attorney 0 Attorneys for Defendants, CITY OF LOS ANGELES and CHIEF MICHEL MOORE 21 22 43 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24 A Ce Dated: _August 4, 2022 Whar . | sendin 25 HONORABLE ALICIA G. ROSENBERG 26 UNITED STATES MAGISTRATE JUDGE 27 28 16 AUGUSTUS v. CITY OF LA 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 Karl Augustus v. City of Los Angeles, et al , United States District Court for 9 the Central District of California, Central Division, Case No. CV22-02640-SB (AGRx). 10 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order, 11 and I understand and acknowledge that failure to so comply could expose me to sanctions 12 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 13 any person or entity except in strict compliance with the provisions of this Stipulated 14 Protective Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the 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 [full name] of 19 [address and telephone number] as my California agent 20 for service of process in connection with this action or any proceedings related to 21 enforcement of this Stipulated Protective Order. 22

23 Signature: 24 Printed Name: 25 Date: 26 City and State Where Sworn and Signed: 27

28

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