1 Denisse O. Gastélum, Esq.; SBN 282771 GASTÉLUM LAW, APC 2 3767 Worsham Ave., Long Beach, CA 90808 3 Tel: (213) 340-6112; Fax: (213) 402-8622 Email: [email protected] 4 5 Attorney for Plaintiff, Justin Smith 6 Mark D. Rutter, Esq.; SBN 58194 Kimberly Morosi, Esq.; SBN: 345641 7 CARPENTER ROTHANS & DUMONT, LLP 8 500 South Grand Ave., 19th Floor Los Angeles, California 90071 9 Tel: (213) 228-0400; Fax: (213) 228-0401 Email: [email protected] / [email protected] 10 Attorneys for Defendants, 11 City of La Verne, et al. 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 JUSTIN SMITH, an individual, ) CASE NO. 2:23-cv-00644-JAK-CFE ) [Assigned to the Hon. John A. Kronstadt, 16 Plaintiff, ) District Judge; Referred to the Hon. 17 ) Charles F. Eick, Magistrate Judge] vs. ) 18 ) [DISCOVERY MATTER] 19 CITY OF LA VERNE; LA VERNE ) POLICE DEPARTMENT; POLICE ) STIPULATION RE: PROTECTIVE 20 OFFICER ADDIEL JULIAN; and ) ORDER 21 DOES 1 to 10, ) ) 22 Defendants. ) 23 _______________________________ ) 24 IT IS SO STIPULATED BY AND BETWEEN Plaintiff JUSTIN SMITH and 25 Defendants CITY OF LA VERNE, a public entity, and OFFICER ADDIEL JULIAN, 26 a public employee, by and through their respective counsel, as follows: 27 /// 28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. 6 Accordingly, the parties hereby stipulate to and petition the Court to enter the 7 following Stipulated Protective Order. The parties acknowledge that this Order does 8 not confer blanket protections on all disclosures or responses to discovery and that 9 the protection it affords from public disclosure and use extends only to the limited 10 information or items that are entitled to confidential treatment under the applicable 11 legal principles. 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not automatically entitle them to file confidential 14 information under seal and that Local Civil Rule 79-5 sets forth the procedures that 15 must be followed and the standards that will be applied when a party seeks 16 permission from the Court to file material under seal. The parties agree that this 17 protective order does not waive the parties’ rights to object to discovery demands or 18 requests for documents and/or information. 19 B. GOOD CAUSE STATEMENT 20 The parties submit that GOOD CAUSE exists to enter the proposed protective 21 order to balance the defendant’s concerns that the documents consist of confidential, 22 private, and privileged information concerning the parties to this litigation as well as 23 third parties who are not parties to this litigation. Furthermore, this proposed protective order was created for the purpose of protecting certain information that 24 may be subject to the official information privilege, law enforcement privilege, and 25 the right to privacy as protected by the California and United States Constitution, as 26 well as to prevent against the broadcast or dissemination of videotaped deposition 27 testimony by any party, balanced with the plaintiff’s right to discovery in this 28 1 litigation. The parties agree that all documents, tangible things, and videos marked 2 confidential and produced pursuant to this protective order are subject to the terms of 3 this protective order unless otherwise ordered by the Court. 4 Accordingly, to expedite the flow of information, to facilitate the prompt 5 resolution of disputes over confidentiality of discovery materials, to adequately 6 protect information the parties are entitled to keep confidential, to ensure that the 7 parties are permitted reasonably necessary use of such material in preparation for an 8 in the conduct of trial, to address their handling at the end of the litigation, and serve 9 the ends of justice, a protective order for such information is justified in this matter. 10 It is the intent of the parties that information will not be designated as confidential for 11 tactical reasons and that nothing be so designated without good faith belief that it has 12 been maintained in a confidential, non-public manner, and there is good cause why it 13 should not be part of the public record of this case. 14 2. DEFINITIONS 15 2.1 Action: Justin Smith v. City of La Verne, et al., 2:23-CV-00644-JAK 16 (CFE). 17 2.2 Challenging Party: A Party or Non-Party that challenges the 18 designation of information or items under this Order. 19 2.3 “CONFIDENTIAL” Information or Items: Information (regardless 20 of how it is generated, stored or maintained) or tangible things that a Designating 21 Party believes is entitled to confidential treatment under Federal Rule of Civil 22 Procedure 26(c), and as specified above in the Purposes and Limitations Statement. 23 This also includes (1) any information copied or extracted from the Confidential information; (2) all copies, excerpts, summaries, abstracts or compilations of 24 Confidential information; and (3) any testimony, conversations, or presentations that 25 might reveal Confidential information. 26 2.4 Counsel: Counsel of record for the parties to this civil litigation and 27 their support staff. 28 1 2.5 Designating Party: A Party or Non-Party that designates information 2 or items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: All items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: A person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. 11 2.8 Final Disposition: When this Action has been fully and completely 12 terminated by way of settlement, dismissal, trial and/or appeal. 13 2.9 House Counsel: Attorneys other than Counsel (as defined in paragraph 14 2.4) and who are employees of a party to this Action. 15 3. SCOPE 16 The protections conferred by this Stipulation and Order cover not only 17 Protected Material (as defined above), but also (1) any information copied or 18 extracted from Protected Material; (2) all copies, excerpts, abstracts, summaries, or 19 compilations of Protected Material; and (3) any deposition testimony, conversations, 20 or presentations by Parties or their Counsel that might reveal Protected Material. Any 21 use of Protected Material at trial shall be governed by the orders of the trial judge. 22 This Order does not govern the use of Protected Material at trial. 23 4. DURATION Once a trial commences in this Action, information that was designated as 24 CONFIDENTIAL or maintained pursuant to this protective order and that is 25 introduced or admitted as an exhibit at trial becomes public and will be 26 presumptively available to all members of the public, including the press, unless 27 compelling reasons supported by specific factual findings to proceed otherwise are 28 1 made to the trial judge in advance of the trial. See Kamakana v. City and County of 2 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 3 showing for sealing documents produced in discovery from “compelling reasons” 4 standard when merits-related documents are part of court record). Accordingly, the 5 terms of this protective order do not extend beyond the commencement of the trial 6 as to the CONFIDENTIAL information and materials introduced or admitted as an 7 exhibit at trial. 8 5. DESIGNATED PROTECTED MATERIAL 9 5.1 Exercise of Restraint and Care in Designating Material for Protection. 10 Each Party or Non-Party that designates information or items for protection 11 under this Order must take care to limit any such designation to specific material that 12 qualifies under the appropriate standards. The Designating Party must designate for 13 protection only those parts of material, documents, items or oral or written 14 communications that qualify so that other portions of the material, documents, items 15 or communications for which protection is not warranted are not swept unjustifiably 16 within the ambit of this Order. 17 Mass, indiscriminate or routinized designations are prohibited. Designations 18 that are shown to be clearly unjustified or that have been made for an improper 19 purpose (e.g., to unnecessarily encumber the case development process or to impose 20 unnecessary expenses and burdens on other parties) may expose the Designating 21 Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it 23 designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 25 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of 26 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 27 Material that qualifies for protection under this Order must be clearly so designated 28 1 before the material is disclosed or produced. 2 Designation in conformity with this Order requires: 3 (a) for information in documentary form (e.g., paper or electronic documents, 4 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 5 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of a 6 similar effect, and that includes the case name and case number (hereinafter 7 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 8 portion of the material on a page qualifies for protection, the Producing Party also 9 must clearly identify the protected portion(s) (e.g., by making appropriate markings 10 in the margins). 11 A Party or Non-Party that makes original documents available for inspection 12 need not designate them for protection until after the inspecting Party has indicated 13 which documents it would like copied and produced. During the inspection and 14 before the designation, all of the material made available for inspection shall be 15 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 16 it wants copied and produced, the Producing Party must determine which documents, 17 or portions thereof, qualify for protection under this Order. Then, before producing 18 the specified documents, the Producing Party must affix the “CONFIDENTIAL 19 legend” to each page that contains Protected Material. If only a portion of the 20 material on a page qualifies for protection, the Producing Party also must clearly 21 identify the protected portion(s) (e.g., by making appropriate markings in the 22 margins). 23 (b) for testimony given in depositions that the Designating Party identifies the 24 Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony. 25 (c) for information produced in some form other than documentary and for 26 any other tangible items, that the Producing Party affix in a prominent place on the 27 exterior of the container or containers in which the information is stored the legend 28 1 “CONFIDENTIAL.” If only a portion or portions of the information warrants 2 protection, the Producing Party, to the extent practicable, shall identify the protected 3 portion(s). 4 5.3 Inadvertent Failures to Designate. 5 If timely corrected, an inadvertent failure to designate qualified information or 6 items does not, standing alone, waive the Designating Party’s right to secure 7 protection under this Order for such material. Upon timely correction of an 8 inadvertent failure to designate, the Receiving Party must make reasonable efforts to 9 assure that the material is treated in accordance with the provisions of this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. 12 Any Party or Non-Party may challenge a designation of confidentiality at any 13 time that is consistent with the Court’s Scheduling Order. 14 6.2 Meet and Confer. 15 The Challenging Party shall initiate the dispute resolution process under Local 16 Rule 37.1 et seq. 17 6.3 The burden of persuasion in any such challenge proceeding shall be 18 on the Designating Party. 19 Frivolous challenges, and those made for an improper purpose (e.g., to harass 20 or impose unnecessary expenses and burdens on other parties) may expose the 21 Challenging Party to sanctions. Unless the Designating Party has waived or 22 withdrawn the confidentiality designation, all parties shall continue to afford the 23 material in question the level of protection to which it is entitled under the Producing Party’s designation until the Court rules on the 24 challenge. 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. 27 Receiving Party may use Protected Material that is disclosed or produced by 28 1 another Party or by a Non-Party in connection with this Action only for prosecuting, 2 defending or attempting to settle this Action. Such Protected Material may be 3 disclosed only to the categories of persons and under the conditions described in this 4 Order. When the Action has been terminated, a Receiving Party must comply with 5 the provisions of section 13 below (FINAL DISPOSITION). Protected Material must 6 be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 10 Unless otherwise ordered by the court or permitted in writing by the Designating 11 Party, a Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Counsel of Record in this Action, as well as 14 employees of said Counsel of Record to whom it is reasonably necessary to disclose 15 the information for this Action; 16 (b) Experts (as defined in this Order) of the Receiving Party to whom 17 disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (c) the court and its personnel; 20 (d) court reporters and their staff; 21 (e) professional jury or trial consultants, mock jurors, and Professional Vendors 22 to whom disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (g) during their depositions, witnesses, and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 27 requests that the witness sign the form attached as Exhibit “A” hereto; and (2) they 28 1 will not be permitted to keep any confidential information unless they sign the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit “A”), unless otherwise 3 agreed by the Designating Party or ordered by the court. Pages of transcribed 4 deposition testimony or exhibits to depositions that reveal Protected Material may be 5 separately bound by the court reporter and may not be disclosed to anyone except as 6 permitted under this Stipulated Protective Order; and 7 (h) any mediator or settlement officer, and their supporting personnel, mutually 8 agreed upon by any of the parties engaged in settlement discussions and 9 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 10 (i) Plaintiff Justin Smith, provided he has signed the “Acknowledgment and 11 Agreement to Be Bound” (Exhibit A). 12 7.3. Counsel making the disclosure to any qualified person described herein 13 shall retain the original executed copy of the Nondisclosure Agreement until sixty 14 (60) days after this litigation has become final, including any appellate review, and 15 monitoring of an injunction. Counsel for the Receiving Party shall maintain all signed 16 Nondisclosure Agreements and shall produce the original signature page upon 17 reasonable written notice from opposing counsel. If an issue arises regarding a 18 purported unauthorized disclosure of Confidential Information, upon noticed motion 19 of contempt filed by the Designating Party, counsel for the Receiving Party may be 20 required to file the signed Nondisclosure Agreements, as well as a list of the 21 disclosed materials, in camera with the Court having jurisdiction of the Stipulation. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL,” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification shall 27 include a copy of the subpoena or court order; 28 1 (b) promptly notify in writing the party who caused the subpoena or order to 2 issue in the other litigation that some or all of the material covered by the subpoena 3 or order is subject to this Protective Order. Such notification shall include a copy of 4 this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be pursued 6 by the Designating Party whose Protected Material may be affected. If the 7 Designating Party timely seeks a protective order in the action in which the subpoena 8 or order was issued, the Party served with the subpoena or court order shall not 9 produce any information designated in this action as “CONFIDENTIAL” 10 before a determination by the court from which the subpoena or order issued, unless 11 the Party has obtained the Designating Party’s permission. The Designating Party 12 shall bear the burden and expense of seeking protection in that court of its 13 confidential material – and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this action to disobey a lawful 15 directive from another court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non- 19 Party in this Action and designated as “CONFIDENTIAL.” Such information 20 produced by Non-Parties in connection with this litigation is protected by the 21 remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: (1) promptly notify in writing the 26 Requesting Party and the Non-Party that some or all of the information requested is 27 subject to a confidentiality agreement with a Non-Party; (2) promptly provide the 28 1 Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant 2 discovery request(s), and a reasonably specific description of the information 3 requested; and (3) make the information requested available for inspection by the 4 Non-Party, if requested. 5 (c) If the Non-Party fails to seek a protective order from this court within 14 6 days of receiving the notice and accompanying information, the Receiving Party 7 may produce the Non-Party’s confidential information responsive to the discovery 8 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 9 not produce any information in its possession or control that is subject to the 10 confidentiality agreement with the Non-Party before a determination by the court. 11 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 12 of seeking protection in this court of its Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 Protected Material to any person or in any circumstance not authorized under this 16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 17 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 18 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 19 persons to whom unauthorized disclosures were made of all the terms of this Order, 20 and (d) request such person or persons to execute the “Acknowledgment and 21 Agreement to Be Bound” that is attached hereto as Exhibit A. 22 11. INADVERTANT PRODUCTION OF PRIVILEGED OR 23 OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior 28 1 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 2 parties reach an agreement on the effect of disclosure of a communication or 3 information covered by the attorney-client privilege or work product protection, the 4 parties may incorporate their agreement in the stipulated protective order submitted to 5 the court. 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. 8 Nothing in this Order abridges the right of any person to seek its modification 9 by the Court in the future. 10 12.2 Right to Assert Other Objections. 11 By stipulating to the entry of this Protective Order, no Party waives any right it 12 otherwise would have to object to disclosing or producing any information or item on 13 any ground not addressed in this Stipulated Protective Order. Similarly, no Party 14 waives any right to object on any ground to use in evidence of any of the material 15 covered by this Protective Order. 16 12.3 Filing Protected Material. 17 A Party that seeks to file under seal any Protected Material must comply with 18 Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a 19 court order authorizing the sealing of the specific Protected Material at issue. If a 20 Party’s request to file Protected Material under seal is denied by the court, then the 21 Receiving Party may file the information in the public record unless otherwise 22 instructed by the court. 23 13. FINAL DISPOSITION After the FINAL DISPOSITION of this Action, as defined in paragraph 2.8, 24 within 30 days of a written request by the Designating Party, each Receiving Party 25 must return all Protected Material to the Producing Party. As used in this subdivision, 26 “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected 28 1 Material. The Receiving Party must submit a written certification to the Producing 2 Party (and, if not the same person or entity, to the Designating Party) by the 30-day 3 deadline that (1) identifies (by category, where appropriate) all the Protected 4 Material that was returned and (2) affirms that the Receiving Party has not retained 5 any copies, abstracts, compilations, summaries or any other format reproducing or 6 capturing any of the Protected Material. 7 Notwithstanding this provision, Counsel are entitled to retain an archival copy 8 of all pleadings, discovery, motion papers, trial, deposition, and hearing transcripts, 9 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 10 attorney work product, and consultant and expert work product, even if such 11 materials contain Protected Material. Any such archival copies that contain or 12 constitute Protected Material remain subject to this Protective Order. 13 14. VIOLATION 14 Any violation of this Order may be punished by appropriate measures 15 including, without limitation, contempt proceedings and/or monetary sanctions. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 Dated: June 30, 2023 GASTÉLUM LAW, APC 18 /s/ Denisse O. Gastelum 19 By: ___________________ 20 DENISSE O. GASTÉLUM Attorneys for Plaintiff, 21 JUSTIN SMITH 22 23 Dated: June 30, 2023 CARPENTER ROTHANS & DUMONT, LLP 24 /s/ Kimberly Morosi By: ___________________ 25 MARK D. RUTTER 26 KIMBERLY MOROSI Attorneys for Defendants, 27 CITY OF LA VERNE, et al. 28 1 IT IS SO ORDERED. 2 Dated: _____J_u_n_e_ _3_0, 2023 By:___/_s_/ _C_h_a_rl_e_s_ F_._ E_i_c_k_______ 3 HONORABLE CHARLES F. EICK 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I__________________________ [print or type full name] of 4 _______________________________________ [print or type full address and 5 telephone number declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on ________________ in the case 8 of Justin Smith v. City of La Verne, et al., 2:23-CV-00644-JAK (CFE). I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print or 19 type full name] of _______________________________________ [print or type full 20 address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: ________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________ 28