Matthew Mauser et al v. County of Los Angeles, et al, No. 2:2021cv00497 - Document 27 (C.D. Cal. 2021)
Court Description: ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER by Magistrate Judge Charles F. Eick. 26 (See document for details) (vmun)
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Matthew Mauser et al v. County of Los Angeles, et al Doc. 27 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 MATTHEW MAUSER, an individual 12 and as Successor in Interest to CHRISTINA MAUSER; et al., 13 Plaintiffs, 14 v. 15 16 COUNTY OF LOS ANGELES, a public entity; et al., 17 Defendants. 18 CASE NO. 2:21-cv-00497-JFW-E DISCOVERY MATTER [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER Assigned to Hon. John F. Walter and Magistrate Judge Charles F. Eick 19 20 21 22 23 24 25 26 27 28 501679.1 Case No. 2:21-cv-00497-JFW-E ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER Dockets.Justia.com 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. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 12 file confidential information under seal. Rather, this Court’s Standing Order (Dkt. 13 20) and Civil Local Rule 79-5 sets forth the procedures that must be followed and 14 the standards that will be applied when a party seeks permission from the court to 15 file material under seal. 16 B. GOOD CAUSE STATEMENT 17 This action is likely to involve confidential personal data and personnel 18 records for which special protection from public disclosure and from use for any 19 purpose other than prosecution of this action is warranted. Such confidential 20 materials and information may consist of, among other things, personal contact 21 information of public figures, personal medical information, graphic photos and/or 22 recordings of deceased individuals, and other confidential information otherwise 23 generally unavailable to the public, or which may be privileged or otherwise 24 protected from disclosure under state or federal statutes, court rules, case decisions, 25 or common law. In addition, although Plaintiffs disagree and reserve all rights, the 26 County of Los Angeles believes that certain personnel and administrative 27 investigation files contain confidential or official information and/or implicate third28 party privacy rights. 501679.1 Case No. 2:21-cv-00497-JFW-E 2 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the parties are entitled to keep confidential, to ensure that the 4 parties are permitted reasonable necessary uses of such material in preparation for 5 and in the conduct of trial, to address their handling at the end of the litigation, and 6 serve the ends of justice, a protective order for such information is justified in this 7 matter. It is the intent of the parties that information will not be designated as 8 confidential for tactical reasons and that nothing be so designated without a good 9 faith belief that it has been maintained in a confidential, non-public manner, and 10 there is good cause why it should not be part of the public record of this case. 11 2. DEFINITIONS 12 2.1 Action: Matthew Mauser v. County of Los Angeles, et al., Case No. 13 2:21-cv-00497-JFW-E. 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation 15 of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 the Good Cause Statement. 20 2.4 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or 21 Items: Extremely sensitive CONFIDENTIAL information (regardless of how it is 22 generated, stored or maintained) or tangible things, the disclosure of which to 23 another Party or Non-Party would create a substantial risk of serious financial or 24 other injury that cannot be avoided by less restrictive means. 25 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 26 their support staff). 27 28 501679.1 Case No. 2:21-cv-00497-JFW-E 3 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 2.6 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 4 2.7 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 2.8 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 2.9 House Counsel: attorneys who are employees of a party to this Action. 12 House Counsel does not include Outside Counsel of Record or any other outside 13 counsel. 14 2.10 Non-Party: any natural person, partnership, corporation, association, or 15 other legal entity not named as a Party to this action. 16 2.11 Outside Counsel of Record: attorneys who are not employees of a party 17 to this Action but are retained to represent or advise a party to this Action and have 18 appeared in this Action on behalf of that party or are affiliated with a law firm which 19 has appeared on behalf of that party, and includes support staff. 20 2.12 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 2.14 Professional Vendors: persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. 501679.1 Case No. 2:21-cv-00497-JFW-E 4 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 2.15 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 3 ONLY.” 4 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 5 from a Producing Party. 6 2.17 Testimony: all depositions, declarations, or other testimony taken or 7 used in this Proceeding. 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or 11 extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 compilations of Protected Material; and (3) any testimony, conversations, or 13 presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Material at trial. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations 18 imposed by this Order shall remain in effect until a Designating Party agrees 19 otherwise in writing or a court order otherwise directs. Final disposition shall be 20 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 21 or without prejudice; and (2) final judgment herein after the completion and 22 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 23 including the time limits for filing any motions or applications for extension of time 24 pursuant to applicable law. 25 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or Non-Party that designates information or items for protection under 28 this Order must take care to limit any such designation to specific material that 501679.1 Case No. 2:21-cv-00497-JFW-E 5 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 qualifies under the appropriate standards. The Designating Party must designate for 2 protection only those parts of material, documents, items, or oral or written 3 communications that qualify so that other portions of the material, documents, 4 items, or communications for which protection is not warranted are not swept 5 unjustifiably within the ambit of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations 7 that are shown to be clearly unjustified or that have been made for an improper 8 purpose (e.g., to unnecessarily encumber the case development process or to impose 9 unnecessary expenses and burdens on other parties) may expose the Designating 10 Party 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 5.2 Manner and Timing of Designations. Except as otherwise provided in 15 this Order (see, e.g., second paragraph of section 5.2(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 21 documents, but excluding transcripts of depositions or other pretrial or trial 22 proceedings), that the Producing Party affix at a minimum, the legend 23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or 24 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” (hereinafter “AEO legend”), to 25 each page that contains protected material. If only a portion or portions of the 26 material on a page qualifies for protection, the Producing Party also must clearly 27 identify the protected portion(s) (e.g., by making appropriate markings in the 28 margins). 501679.1 Case No. 2:21-cv-00497-JFW-E 6 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting 6 Party has identified the documents it wants copied and produced, the Producing 7 Party must determine which documents, or portions thereof, qualify for protection 8 under this Order. Then, before producing the specified documents, the Producing 9 Party must affix the “CONFIDENTIAL legend” or the “AEO legend” to each page 10 that contains Protected Material. If only a portion or portions of the material on a 11 page qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins). 13 (b) for testimony given in depositions that the Designating Party may 14 either: 15 (i) identify on the record, before the close of the deposition, all 16 CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES ONLY Testimony, 17 by specifying all portions of the Testimony that qualify as CONFIDENTIAL or 18 CONFIDENTIAL—ATTORNEYS’ EYES ONLY; and/or 19 (ii) provisionally designate on the record, before the close of the 20 deposition, the entirety of the Testimony at the deposition as CONFIDENTIAL or 21 CONFIDENTIAL—ATTORNEYS’ EYES ONLY, with the right to identify 22 specific portions of the Testimony as CONFIDENTIAL or CONFIDENTIAL— 23 ATTORNEYS’ EYES ONLY within 30 days following electronic receipt of an 24 electronic version of the deposition transcript. If the designating party does not 25 identify specific portions of the Testimony for designation within 30 days of 26 electronic receipt of an electronic version of the deposition transcript, the entirety of 27 the testimony shall be de-designated and no longer treated as CONFIDENTIAL or 28 CONFIDENTIAL—ATTTORNEYS’ EYES ONLY. In circumstances where 501679.1 Case No. 2:21-cv-00497-JFW-E 7 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 portions of the deposition Testimony are designated for protection, the transcript 2 pages containing CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES 3 ONLY Information may be separately bound by the court reporter, who must affix 4 to the top of each page the legend “CONFIDENTIAL” or “CONFIDENTIAL5 ATTORNEYS’ EYES ONLY” as instructed by the Designating Party. 6 (c) for information produced in some form other than documentary and for 7 any other tangible items, that the Producing Party affix in a prominent place or the 8 exterior of the container or containers in which the information is stored the 9 “CONFIDENTIAL legend” or “AEO legend.” If only a portion or portions of the 10 information warrants protection, the Producing Party, to the extent practicable, shall 11 identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process under Local Rule 37.1 et seq. 24 6.3 The burden of persuasion in any such challenge proceeding shall be on 25 the Designating Party. Frivolous challenges, and those made for an improper 26 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 28 Party has waived or withdrawn the confidentiality designation, all parties shall 501679.1 Case No. 2:21-cv-00497-JFW-E 8 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 7. 5 ACCESS TO AND USE OF PROTECTED MATERIAL 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 7 Action only for prosecuting, defending, or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 13 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action 20 (including support staff and outside copying and data hosting providers), who are 21 directly assisting Outside Counsel of Record in the preparation of this Action for 22 trial; 23 (b) the officers, directors, and employees (including House Counsel) of the 24 Receiving Party to whom disclosure is reasonably necessary for this Action; 25 (c) Plaintiffs’ advisers; 26 (d) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 501679.1 Case No. 2:21-cv-00497-JFW-E 9 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 (e) the court and its personnel; 2 (f) court reporters and their staff; 3 (g) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (h) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; 8 (i) during their depositions, witnesses ,and attorneys for witnesses, in the 9 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 10 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 11 not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may 15 be separately bound by the court reporter and may not be disclosed to anyone except 16 as permitted under this Stipulated Protective Order; and 17 (j) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 7.3 Disclosure of “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 20 Information or Items. Unless otherwise ordered by the court or permitted in writing 21 by the Designating Party, a Receiving Party may disclose any information or item 22 designated “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, 24 (including support staff and outside copying and data hosting providers) who are 25 directly assisting Outside Counsel of Record in the preparation of this Action for 26 trial; 27 28 501679.1 Case No. 2:21-cv-00497-JFW-E 10 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 (b) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (c) the court and its personnel; 5 (d) court reporters and their staff; 6 (e) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (f) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (g) during their depositions, witnesses ,and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 14 not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 agreed by the Designating Party or ordered by the court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material may 18 be separately bound by the court reporter and may not be disclosed to anyone except 19 as permitted under this Stipulated Protective Order; and 20 (h) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 23 OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such notification 28 shall include a copy of the subpoena or court order; 501679.1 Case No. 2:21-cv-00497-JFW-E 11 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 (b) promptly notify in writing the party who caused the subpoena or order 2 to issue in the other litigation that some or all of the material covered by the 3 subpoena or order is subject to this Protective Order. Such notification shall include 4 a copy of this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be 6 pursued by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this 9 action as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES 10 ONLY” before a determination by the court from which the subpoena or order 11 issued, unless the Party has obtained the Designating Party’s permission. The 12 Designating Party shall bear the burden and expense of seeking protection in that 13 court of its confidential material and nothing in these provisions should be construed 14 as 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 PRODUCED 17 IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a 19 Non-Party in this Action and designated as “CONFIDENTIAL” 20 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced 21 by Non-Parties in connection with this litigation is protected by the remedies and 22 relief provided by this Order. Nothing in these provisions should be construed as 23 prohibiting a Non-Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the Party is 26 subject to an agreement with the Non-Party not to produce the Non-Party’s 27 confidential information, then the Party shall: 28 501679.1 Case No. 2:21-cv-00497-JFW-E 12 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 (1) promptly notify in writing the Requesting Party and the Non- 2 Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the 8 Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 10 14 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 19 Protected Material to any person or in any circumstance not authorized under this 20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 23 persons to whom unauthorized disclosures were made of all the terms of this Order, 24 and (d) request such person or persons to execute the “Acknowledgment and 25 Agreement to Be Bound” that is attached hereto as Exhibit A. 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 28 501679.1 Case No. 2:21-cv-00497-JFW-E 13 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 The production, whether inadvertent or otherwise, of any Discovery Material 2 which a party or third party later claims in good faith should not have been produced 3 because of a privilege, including but not limited to the attorney-client privilege or 4 work product doctrine (“Privileged Discovery Material”), will not be deemed to 5 have waived any privilege for the Privileged Discovery Material in this matter or 6 any other federal or state proceeding. If the Producing Party or third party notifies 7 the Receiving Party that Privileged Discovery Material has been produced, the 8 receiving party shall promptly destroy the Privileged Discovery Material or return 9 the Privileged Discovery Material to the Producing Party or third party. The 10 Receiving Party shall delete the Privileged Discovery Material (and all paper and 11 electronic copies) from any systems used to house the documents, including 12 document review databases, e-rooms, and any other location that stores the 13 documents. The Receiving Party may move the Court for an order compelling 14 production of the Privileged Discovery Material, which shall be filed under seal, and 15 the motion shall not assert as a ground for entering such an order the fact or 16 circumstances of the production. The Receiving Party may make no use of the 17 Privileged Discovery Material during any aspect of this matter or any other matter, 18 including in depositions or at trial, unless the documents are later designated by a 19 court as not privileged or protected. This Order shall be interpreted to provide the 20 maximum protection allowed by Federal Rule of Evidence 502(d), and other 21 applicable laws and regulations. 22 12. PHOTOS OF HUMAN REMAINS 23 Discovery in this matter may involve graphic photographs or video of human 24 remains. If any Party discovers photographs or video of human remains that are 25 responsive to a discovery request, the Party shall, in order to protect the dignity of the 26 deceased individual and the privacy of the deceased individual’s family members, meet 27 and confer with all other parties prior to any production of such material and reach 28 agreement on an appropriate method for handling and producing the material. 501679.1 Case No. 2:21-cv-00497-JFW-E 14 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 13. MISCELLANEOUS 2 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 13.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 13.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with the Court’s Standing Order (Dkt. 20) and Civil 11 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 12 court order authorizing the sealing of the specific Protected Material at issue. If a 13 Party's request to file Protected Material under seal is denied by the court, then the 14 Receiving Party may file the information in the public record unless otherwise 15 instructed by the court. 16 14. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in 20 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving 23 Party must submit a written certification to the Producing Party (and, if not the same 24 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 25 (by category, where appropriate) all the Protected Material that was returned or 26 destroyed and (2) affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries or any other format reproducing or capturing any 28 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 501679.1 Case No. 2:21-cv-00497-JFW-E 15 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 2 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 3 reports, attorney work product, and consultant and expert work product, even if such 4 materials contain Protected Material. Any such archival copies that contain or 5 constitute Protected Material remain subject to this Protective Order as set forth in 6 Section 4 (DURATION). 7 15. Any violation of this Order may be punished by any and all appropriate measures 8 including, without limitation, contempt proceedings and/or monetary sanctions. 9 10 IT IS SO ORDERED. 11 12 13 14 DATED: __________________ 15 16 6 &+$5/(6 ) (,&. HONORABLE CHARLES F. EICK United States District Court Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 501679.1 Case No. 2:21-cv-00497-JFW-E 16 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Central District of California on [date] in the 7 case of Matthew Mauser v. County of Los Angeles, et al., Case No. 2:21-cv-004978 JFW-E. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 11 that I will not disclose in any manner any information or item that is subject to this 12 Stipulated Protective Order to any person or entity except in strict compliance with the 13 provisions of this Order. I further agree to submit to the jurisdiction of the United 14 States District Court for the Central District of California for the purpose of enforcing 15 the terms of this Stipulated Protective Order, even if such enforcement proceedings 16 occur after termination of this action. I hereby appoint __________________________ 17 [print or type full name] of _______________________________________ [print or 18 type full address and telephone number] as my California agent for service of process in 19 connection with this action or any proceedings related to enforcement of this Stipulated 20 Protective Order. 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: ___________________________ 25 26 Signature: ______________________________ 27 28 501679.1 Case No. 2:21-cv-00497-JFW-E 17 ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
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