1 HYDEE FELDSTEIN SOTO, City Attorney (SBN 106866) DENISE C. MILLS, Chief Deputy City Attorney (SBN 191992) 2 KATHLEEN KENEALY, Chief Assistant City Attorney (SBN 212289) ANETA FREEMAN, Managing Assistant City Attorney (SBN 196624) 3 M. AARON NEISHLOS, Deputy City Attorney (SBN 338942) [email protected] 4 City Hall East, 7th Floor 200 North Main Street 5 Los Angeles, California 90012 Tel.: (213) 978-1792 6 Fax: (213) 978-8216 7 Attorneys for Defendants, CITY OF LOS ANGELES 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 JOSEPH VIGUERAS, ) Case No.: 2:24-cv-05844-SVW-JPR 13 ) 14 Plaintiff, ) [PROPOSED] STIPULATED 15 ) PROTECTIVE ORDER vs. ) 16 ) Judge: Hon. Stephen V. Wilson 17 ) Magistrate Judge: Hon. Jean P. Rosenbluth CITY OF LOS ANGELES, et al., ) 18 ) 19 Defendants. ) 20 ) ) 21 ) 22 ) ) 23 ) 24 ) 25 ) 26 27 28 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this action may involve production of confidential, proprietary, or 4 private information for which special protection from public disclosure and from use for 5 any purpose other than prosecuting this litigation may be warranted. Accordingly, the 6 Parties hereby stipulate to and petition the Court to enter the following Stipulated 7 Protective Order. The Parties acknowledge that this Order does not confer blanket 8 protections on all disclosures or responses to discovery and that the protection it affords 9 from public disclosure and use extends only to the limited information or items that are 10 entitled to confidential treatment under the applicable legal principles. The Parties further 11 acknowledge, as set forth in Section 12.3 below, that this Order does not entitle them to 12 file Confidential Information under seal; Civil Local Rule 79-5 sets forth the procedures 13 that must be followed and the standards that will be applied when a Party seeks 14 permission from the Court to file material under seal. 15 1.2 GOOD CAUSE STATEMENT 16 Good cause exists for this protective order because this case necessarily involves 17 sensitive peace officer personnel records, which are confidential and privileged under state 18 law. See Pitchess v. Superior Ct.,

(1979). A protective order will ensure 19 proper use of these sensitive records, balancing Plaintiff’s right of access to records 20 relevant to his claims with Defendant’s interest in maintaining the privacy of current and 21 former law enforcement officers’ records. Good cause also exists for this protective order 22 to ensure that only those records which are relevant and proportional to the needs of 23 Plaintiff’s case and/or Defendant’s defenses are used in this litigation; and that Defendant 24 will not be unduly burdened in its effort to safeguard sensitive information. The 25 protective order will curtail improper uses of law enforcement personnel records and 26 ensure that the records of witnesses, who are still employed by Defendant, are able to 27 perform their jobs and ensure public safety without risk that they will suffer annoyance, 28 embarrassment, or oppression. 1 2. DEFINITIONS 2 2.1 Action: this pending federal lawsuit, docketed at Joseph Vigueras v. City of 3 Los Angeles, Case No. 2:24-cv-05844-SVW-JPR. 4 2.2 Related Action: the federal lawsuits, docketed at David Craig v. City of 5 Los Angeles, Case No. 2:23-cv-06581-SVW-JPR; Julius Guay v. City of Los Angeles, 6 Case No. 2:24-05839-SVW-JPR; and John Russo v. City of Los Angeles, Case No. 2:24- 7 cv-05841-SVW-JPR. 8 2.3 Challenging Party: a Party or Nonparty that challenges the designation 9 of information or items under this Order. 10 2.4 “CONFIDENTIAL” Information or Items: information (regardless of 11 how it is generated, stored, or maintained) or tangible things that qualify for protection 12 under Federal Rule of Civil Procedure 26(c) and as specified above in the Good Cause 13 Statement. 14 2.5 Counsel: Plaintiff’s Counsel of Record and the Counsel from the Los 15 Angeles City Attorney’s Office (as well as their support staff and any Outside Counsel of 16 Record that may be retained during the course of the litigation). 17 2.6 Designating Party: a Party or Nonparty that designates information or items 18 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 19 2.7 Disclosure or Discovery Material: all items or information, regardless of 20 the medium or manner in which it is generated, stored, or maintained (including, among 21 other things, testimony, transcripts, and tangible things), that are produced or generated in 22 disclosures or responses to discovery in this matter. 23 2.8 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 25 expert witness or as a consultant in this Action. 26 2.9 Nonparty: any natural person, partnership, corporation, association, or 27 other legal entity not named as a Party to this Action. 28 2.10 Outside Counsel of Record: attorneys who are not employees of a 1 Party to this Action but are retained to represent or advise a Party and have appeared 2 in this Action on behalf of that Party or are affiliated with a law firm that has 3 appeared on behalf of that Party, including support staff, or the Los Angeles City 4 Attorney’s Office and its support staff. 5 2.11 Party: any Party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staffs). 8 2.12 Producing Party: a Party or Nonparty that produces Disclosure or 9 Discovery Material in this Action. 10 2.13 Professional Vendors: persons or entities that provide litigation support 11 services (for example, photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 13 their employees and subcontractors. 14 2.14 Protected Material: any Disclosure or Discovery Material that is designated 15 as “CONFIDENTIAL.” 16 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 17 from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only Protected 20 Material (as defined above) but also any information copied or extracted from Protected 21 Material; all copies, excerpts, summaries, or compilations of Protected Material; and any 22 testimony, conversations, or presentations by Parties or their Counsel that might reveal 23 Protected Material. Any use of Protected Material at trial will be governed by the orders of 24 the trial judge. This Order does not govern the use of Protected Material at trial. 25 4. DURATION 26 Even after final disposition of this litigation, the confidentiality obligations imposed 27 by this Order will remain in effect until a Designating Party agrees otherwise in writing 28 1 or a court order otherwise directs. Final disposition is the later of (1) dismissal of all 2 claims and defenses in this Action and all Related Actions, with or without prejudice, or 3 (2) final judgment after the completion and exhaustion of all appeals, re-hearings, 4 remands, trials, or reviews of this Action and all Related Actions, including the time limits 5 for filing any motions or applications for extension of time under applicable law. 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Each Party or Nonparty that designates information or items for protection 8 under this Order must take care to limit any such designation to specific material that 9 qualifies under the appropriate standards. To the extent practicable, the Designating Party 10 must designate for protection only those parts of material, documents, items, or oral or 11 written communications that qualify so that other portions of the material, documents, 12 items, or communications for which protection is not warranted are not swept 13 unjustifiably within the ambit of this Order. 14 If it comes to a Designating Party’s attention that information or items it designated 15 for protection do not qualify for that level of protection, that Designating Party must 16 promptly notify all other Parties that it is withdrawing the inapplicable designation. 17 5.2 Except as otherwise provided in this Order, Disclosure or Discovery Material 18 that qualifies for protection under this Order must be clearly so designated before the 19 material is disclosed or produced. 20 Designation in conformity with this Order requires the following: 21 (a) for information in documentary form (for example, paper or electronic 22 documents but excluding transcripts of depositions or other pretrial or trial proceedings), 23 the Producing Party must affix at a minimum the legend “CONFIDENTIAL” to each page 24 that contains Protected Material. If only a portion or portions of the material on a page 25 qualify for protection, the Producing Party should to the extent practicable clearly identify 26 the protected portion(s) (for example, by making appropriate markings in the margins). 27 A Party or Nonparty that makes original documents available for inspection need 28 not designate them for protection until after the inspecting Party has indicated which 1 documents it would like copied and produced. During the inspection and before the 2 designation, all material made available for inspection must be treated as 3 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 4 copied and produced, the Producing Party must determine which documents, or portions 5 thereof, qualify for protection under this Order. Then, before producing the specified 6 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 7 that contains Protected Material. If only a portion or portions of the material on a page 8 qualify for protection, the Producing Party should to the extent practical clearly identify 9 the protected portion(s) (for example, by making appropriate markings in the margins). 10 (b) for testimony given in depositions, the Designating Party must identify the 11 Disclosure or Discovery Material that is protected on the record, before the close of the 12 deposition. 13 (c) for information produced in some form other than documentary and for any 14 other tangible items, the Producing Party must affix in a prominent place on the exterior 15 of the container or containers in which the information is stored the legend 16 “CONFIDENTIAL.” If only a portion or portions of the information warrant protection, 17 the Producing Party, to the extent practicable, must identify the protected portion(s). 18 5.3 If timely corrected, an inadvertent failure to designate qualified information 19 or items does not, standing alone, waive the Designating Party’s right to secure protection 20 under this Order for that material. On timely correction of a designation, the Receiving 21 Party must make reasonable efforts to assure that the material is treated in accordance with 22 the provisions of this Order. 23 5.4 Unless the confidentiality designation explicitly states that the Protected 24 Material may be used in one or more of the Related Actions, the bare designation of 25 “CONFIDENTIAL” indicates that Protected Material may only be used in this Action. 26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 6.1 Any Party or Nonparty may challenge a designation of confidentiality 28 at any time consistent with the Court’s scheduling order. 1 6.2 The Challenging Party must initiate the dispute-resolution process (and, if 2 necessary, file a discovery motion) under Local Rule 37. 3 6.3 The burden of persuasion in any such proceeding is on the Designating Party. 4 Frivolous challenges, and those made for an improper purpose (for example, to harass or 5 impose unnecessary expenses and burdens on other parties), may expose the Challenging 6 Party to sanctions. Unless the Designating Party has waived or withdrawn the 7 confidentiality designation, all parties must continue to afford the material in question the 8 level of protection to which it is entitled under the Producing Party’s designation until the 9 Court rules on the challenge. 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 A Receiving Party may use Protected Material that is disclosed or produced 12 by another Party or by a Nonparty in connection with this Action only for prosecuting, 13 defending, or attempting to settle this Action. Such Protected Material may be disclosed 14 only to the categories of people and under the conditions described in this Order. When 15 the Action has been terminated, a Receiving Party must comply with the provisions of 16 Section 13 below (FINAL DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a location 18 and in a manner sufficiently secure to ensure that access is limited to the people 19 authorized under this Order. 20 7.2 Unless the confidentiality designation explicitly states that the Protected 21 Material may be used in one or more of the Related Actions, a Party’s use of records 22 designated as “CONFIDENTIAL” is limited to its prosecution, defense, or attempts to 23 settle this Action. 24 A Receiving Party seeking to use any record designated as “CONFIDENTIAL” in a 25 Related Action, which does not explicitly state that the designation extends to use in the 26 Related Actions, must affirmatively seek the Designating Party’s permission in writing. If 27 the Designating Party declines to permit use of the Protected Material in a Related Action, 28 1 the Receiving Party may petition the Court for extended use of the Protected Material 2 using the process described in Section 6 above. 3 7.3 Unless otherwise ordered by the Court or permitted in writing by the 4 Designating Party, a Receiving Party may disclose any information or item designated 5 “CONFIDENTIAL” only to the following people: 6 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 7 employees of that Outside Counsel of Record to whom it is reasonably necessary to 8 disclose the information for this Action; 9 (b) the officers, directors, and employees (including Counsel) of the Receiving 10 Party to whom disclosure is reasonably necessary for this Action; 11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 12 is reasonably necessary for this Action and who have signed the “Acknowledgment and 13 Agreement to Be Bound” (Exhibit A); 14 (d) the Court and its personnel; 15 (e) court reporters and their staff; 16 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 17 to whom disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (g) the author or recipient of a document containing the information or a 20 custodian or other person who otherwise possessed or knew the information; 21 (h) during their depositions, witnesses and attorneys for witnesses to whom 22 disclosure is reasonably necessary, provided that the deposing party requests that the 23 witness sign the form attached as Exhibit A hereto and the witnesses will not be permitted 24 to keep any confidential information unless they sign the form, unless otherwise agreed by 25 the Designating Party or ordered by the Court. Pages of transcribed deposition testimony 26 or exhibits to depositions that reveal Protected Material may be separately bound by the 27 court reporter and may not be disclosed to anyone except as permitted under this Order; 28 1 (i) any mediator or settlement officer, and their supporting personnel, mutually 2 agreed on by any of the Parties engaged in settlement discussions or appointed by the 3 Court; and 4 (j) if the confidentiality designation indicates that the Protected Material may be 5 used in one or more of the Related Actions, any of the persons or entities described in 6 section 7.3(a)-(i) pertaining to the Related Action(s). 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 8 OTHER LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation that 10 compels disclosure of any information or items designated in this Action as 11 “CONFIDENTIAL,” that Party must: 12 (a) promptly notify in writing the Designating Party. Such notification must 13 include a copy of the subpoena or court order unless prohibited by law; 14 (b) promptly notify in writing the party who caused the subpoena or order to 15 issue in the other litigation that some or all of the material covered by the subpoena or 16 order is subject to this Protective Order. Such notification must include a copy of this 17 Order; and 18 (c) cooperate with respect to all reasonable procedures sought to be pursued by 19 the Designating Party whose Protected Material may be affected. If the Designating Party 20 timely seeks a protective order, the Party served with the subpoena or court order should 21 not produce any information designated in this Action as “CONFIDENTIAL” before a 22 determination on the protective-order request by the relevant court unless the Party has 23 obtained the Designating Party’s permission. The Designating Party bears the burden and 24 expense of seeking protection of its Confidential Material, and nothing in these provisions 25 should be construed as authorizing or encouraging a Receiving Party in this Action to 26 disobey a lawful directive from another court. 27 /// 28 /// 1 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Nonparty 4 in this Action and designated as “CONFIDENTIAL.” Such information is protected by the 5 remedies and relief provided by this Order. Nothing in these provisions should be 6 construed as prohibiting a Nonparty from seeking additional protections. 7 (b) In the event that a Party is required by a valid discovery request to produce a 8 Nonparty’s Confidential Information in its possession and the Party is subject to an 9 agreement with the Nonparty not to produce the Nonparty’s Confidential Information, 10 then the Party must: 11 (1) promptly notify in writing the Requesting Party and the Nonparty that some 12 or all of the information requested is subject to a confidentiality agreement with a 13 Nonparty; 14 (2) promptly provide the Nonparty with a copy of this Order, the relevant 15 discovery request(s), and a reasonably specific description of the information requested; 16 and 17 (3) make the information requested available for inspection by the Nonparty, if 18 requested. 19 (c) If the Nonparty fails to seek a protective order within 21 days of receiving the 20 notice and accompanying information, the Receiving Party may produce the Nonparty’s 21 Confidential Information responsive to the discovery request. If the Nonparty timely seeks 22 a protective order, the Receiving Party must not produce any information in its possession 23 or control that is subject to the confidentiality agreement with the Nonparty before a 24 ruling on the protective-order request. Absent a court order to the contrary, the Nonparty 25 must bear the burden and expense of seeking protection of its Protected Material. 26 /// 27 /// 28 /// 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this Order, 4 the Receiving Party must immediately notify the Designating Party in writing of the 5 unauthorized disclosures, use its best efforts to retrieve all unauthorized copies of the 6 Protected Material, inform the person or people to whom unauthorized disclosures were 7 made of the terms of this Order, and ask that person or people to execute the 8 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 10 PROTECTED MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain inadvertently 12 produced material is subject to a claim of privilege or other protection, the obligations of 13 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 14 12. MISCELLANEOUS 15 12.1 Nothing in this Order abridges the right of any person to seek its modification 16 by the Court. 17 12.2 By stipulating to the entry of this Order, no Party waives any right it 18 otherwise would have to object to disclosing or producing any information or item on any 19 ground not addressed in this Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Order. 21 12.3 A Party that seeks to file under seal any Protected Material must comply with 22 Civil Local Rule 79-5. Protected Material may be filed under seal only pursuant to a court 23 order authorizing the sealing of the specific Protected Material at issue. If a Party's request 24 to file Protected Material under seal is denied, then the Receiving Party may file the 25 information in the public record unless otherwise instructed by the Court. 26 13. FINAL DISPOSITION 27 After the final disposition of this Action and all Related Actions, as defined in 28 paragraph 4, within 60 days of a written request by the Designating Party, each Receiving 1 Party must return all Protected Material to the Producing Party or destroy such material. 2 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 3 compilations, summaries, and any other format reproducing or capturing any of the 4 Protected Material. Whether the Protected Material is returned or destroyed, the Receiving 5 Party must submit a written certification to the Producing Party (and, if not the same 6 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 7 category, when appropriate) all the Protected Material that was returned or destroyed and 8 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 9 summaries, or any other format reproducing or capturing any of the Protected Material. 10 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 11 pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; 12 correspondence; deposition and trial exhibits; expert reports; attorney work product; and 13 consultant and expert work product even if such materials contain Protected Material. Any 14 such archival copies that contain or constitute Protected Material remain subject to this 15 Order as set forth in Section 4 (DURATION). 16 14. SANCTIONS 17 Any willful violation of this Order may be punished by civil or criminal contempt, 18 financial or evidentiary sanctions, reference to disciplinary authorities, or other 19 appropriate action at the discretion of the Court. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 || DATED: February 21,2025 By: cL Borvan Last B J. LAWLER 4 Attorney for Plaintiff Joseph Vigueras 5 DATED: February 21,2025 ©=HYDEE FELDSTEIN SOTO, City Attorney 6 DENISE MILLS, Chief Deputy City Attorney 7 KATHLEEN KENEALY, Chief Assistant City Attorney g ANETA FREEMAN, Managing Assistant City Attorney M. AARON NEISHLOS, Deputy City Attorney 9 10 By: . M. AARON NEISHLOS 12 Deputy City Attorney 3 Attorneys for Defendant City of Los Angeles iM Pursuant to Local Rule 5-4.3.4(a)(2)(1), the filer attests that all other signatories 1S listed, and on whose behalf this filing is submitted, concur in the filing’s content and have 16 |! authorized the filing. 17 18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 , i 21 || DATED: 2/26/2025 By: f 7 The Honorable Jean P. Rosenbluth 33 United States Magistrate Judge 24 25 26 27 28

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EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, _____________________________ [full name], of _________________ 4 [full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the U.S. District Court for 6 the Central District of California on [date] in the case of ___________ [insert case name 7 and number]. I agree to comply with and to be bound by all terms of this Stipulated 8 Protective Order, and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment, including contempt. I solemnly promise that I 10 will not disclose in any manner any information or item that is subject to this Stipulated 11 Protective Order to any person or entity except in strict compliance with the provisions of 12 this Order. 13 I further agree to submit to the jurisdiction of the U.S. District Court for the Central 14 District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. I 16 hereby appoint __________________________ [full name] of 17 _______________________________________ [full address and telephone number] 18 as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where signed: _________________________________ 23 Printed name: ____________________________ 24 Signature: __________________________________ 25 26 27 28