Armen Mouradian v. City of Los Angeles

Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 1 of 16 Page ID #:305 1 MICHAEL N. FEUER, City Attorney SCOTT MARCUS, Chief Assistant City Attorney –SBN 184980 2 CORY M. BRENTE, Senior Assistant City Attorney – SBN 115453 LISA W. LEE, Deputy City Attorney – SBN 186495 3 200 North Main Street, 6th Floor, City Hall East Los Angeles, CA 90012 4 Phone No.: (213) 978-7032 Fax No.: (213) 978-8785 5 Email: lisa.lee@lacity.org 6 Attorneys for Defendants CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT, MICHEL R. MOORE, EFRAIN JUAREZ7 MARCIAL, MYCHAL ORTIZ, RAUL CUEVAS, JAMES JEPPSON, and LUIS ROSAS [8] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA [11] 12 ARMEN MOURADIAN, Case No. CV 21-03880-DMG-(SHKx) 13 Hon. Judge Dolly M. Gee; Ctrm 8C, 8th Fl. MAG. SHASHI H. KEWALRAMANI, CTRM 3 [14] Plaintiff, OR 4, 3RD FL v. STIPULATED PROTECTIVE 15 ORDER 16 THE CITY OF LOS ANGELES, THE LOS ANGELES POLICE 17 DEPARTMENT, CHIEF MICHEL MOORE individually and in his 18 official capacity as Chief of the Los Angeles Police Department, LAPD 19 OFFICER EFRAIN JUAREZ MARCIAL, LAPD OFFICER 20 MYCHAL ORTIZ, LAPD OFFICER RAUL CUEVAS, LAPD 21 OFFICER JAMES JEPPSON, LAPD SERGEANT LUIS ROSAS, 22 and DOES 1 through 10 inclusive, 23 Defendants. [24] 25 1. A. PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidential, 27 proprietary, or private information for which special protection from public disclosure 28 and from use for any purpose other than prosecuting this litigation may be warranted. Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 2 of 16 Page ID #:306 1 Accordingly, the parties hereby stipulate to and petition the Court to enter the 2 following Stipulated Protective Order. The parties acknowledge that this Order does 3 not confer blanket protections on all disclosures or responses to discovery and that 4 the protection it affords from public disclosure and use extends only to the limited 5 information or items that are entitled to confidential treatment under the applicable 6 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 7 that this Stipulated Protective Order does not entitle them to file confidential 8 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 9 followed and the standards that will be applied when a party seeks permission from 10 the court to file material under seal. [11] 12 B. GOOD CAUSE STATEMENT 13 This action involves the City of Los Angeles (“City”), Los Angeles Police 14 Department (“LAPD”), Chief Michel Moore, Officer Efrain Juarez-Marcial, Officer 15 Mychal Ortiz, Officer Raul Cuevas, Officer James Jeppson, and Sergeant Luis Rosas 16 (“Defendants”). Plaintiff is seeking materials and information that Defendant City 17 maintains as confidential, such as Internal Affairs materials and information, internal 18 use of force investigation reports, video recordings, audio recordings, information and 19 other administrative materials and information currently in the possession of the City 20 and which Defendants believe need special protection from public disclosure and 21 from use for any purpose other than prosecuting this litigation. Plaintiffs are also 22 seeking official information contained in the personnel files of the police officers 23 involved in the subject incident, which the City maintains as strictly confidential and 24 which Defendants believe need special protection from public disclosure and from 25 use for any purpose other than prosecuting this litigation. 26 Defendants assert that the confidentiality of the materials and information 27 sought by Plaintiff is recognized by California and federal law, as evidenced inter alia 28 by California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. [2] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 3 of 16 Page ID #:307 1 Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City has not 2 publicly released the materials and information referenced above except under 3 protective order or pursuant to a court order, if at all. These materials and information 4 are of the type that have been used to initiate disciplinary action against LAPD 5 officers, and has been used as evidence in disciplinary proceedings, where the 6 officers’ conduct was considered to be contrary to LAPD policy. 7 Defendants contend that absent a protective order delineating the 8 responsibilities of nondisclosure on the part of the parties hereto, there is a specific 9 risk of unnecessary and undue disclosure by one or more of the many attorneys, 10 secretaries, law clerks, paralegals and expert witnesses involved in this case, as well 11 as the corollary risk of embarrassment, harassment as well as professional, physical 12 and legal harm on the part of the LAPD officers referenced in the materials and 13 information. 14 Defendants also contend that the unfettered disclosure of the materials and 15 information, absent a protective order, would allow the media to share this 16 information with potential jurors in the area, impacting the rights of the Defendants 17 herein to receive a fair trial. 18 Similarly, Plaintiff believes Defendants will seek, and Plaintiff will produce 19 discovery material in this action that contains medical records and other documents 20 and records protected by federal and state constitutional and statutory right to privacy 21 laws, including but not limited to, the Health Insurance Portability and Accountability 22 Act (HIPPA), California Civil Code section 1798 et seq., and California Welfare and 23 Institutions Code section 5328. Plaintiff believes unfettered disclosure of these 24 materials would be inconsistent with the above described federal and state laws and 25 result in the unnecessary dissemination of Plaintiff’s personal and private physical 26 and mental health information. Plaintiff further believes such dissemination could 27 result in unnecessary and unwarranted embarrassment to Plaintiff and the infliction 28 of unnecessary and unwarranted emotional distress. [3] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 4 of 16 Page ID #:308 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 and 5 in the conduct of trial, to address their handling at the end of the litigation, and serve 6 the ends of justice, a protective order for such information is justified in this matter. 7 It is the intent of the parties that information will not be designated as confidential for 8 tactical reasons and that nothing be so designated without a good faith belief that it 9 has been maintained in a confidential, non-public manner, and there is good cause 10 why it should not be part of the public record of this case. [13] 14 2. DEFINITIONS 15 2.1 Action: this pending federal lawsuit. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation 17 of 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 21 Cause Statement. This also includes (1) any information copied or extracted from the 22 Confidential information; (2) all copies, excerpts, summaries or compilations of 23 Confidential information; and (3) any testimony, conversations, or presentations that 24 might reveal Confidential information. 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 26 support staff). 27 2.5 Designating Party: a Party or Non-Party that designates information or 28 items that it produces in disclosures or in responses to discovery as [4] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 5 of 16 Page ID #:309 1 “CONFIDENTIAL.” 2 2.6 Disclosure or Discovery Material: all items or information, regardless 3 of the medium or manner in which it is generated, stored, or maintained (including, 4 among other things, testimony, transcripts, and tangible things), that are produced or 5 generated in disclosures or responses to discovery in this matter. 6 2.7 Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as 8 an expert witness or as a consultant in this Action. 9 2.8 House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 2.9 Non-Party: any natural person, partnership, corporation, association or 13 other legal entity not named as a Party to this action. 14 2.10 Outside Counsel of Record: attorneys who are not employees of a party 15 to this Action but are retained to represent or advise a party to this Action and have 16 appeared in this Action on behalf of that party or are affiliated with a law firm that 17 has appeared on behalf of that party, and includes support staff. 18 2.11 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 2.13 Professional Vendors: persons or entities that provide litigation support 24 services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) 26 and their employees and subcontractors. 27 2.14 Protected Material: any Disclosure or Discovery Material that is 28 designated as “CONFIDENTIAL.” [5] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 6 of 16 Page ID #:310 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or extracted 6 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 7 Protected Material; and (3) any testimony, conversations, or presentations by Parties 8 or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION [12] 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order shall remain in effect until a Designating Party agrees 15 otherwise in writing or a court order otherwise directs. Final disposition shall be 16 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 17 or without prejudice; and (2) final judgment herein after the completion and 18 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 19 including the time limits for filing any motions or applications for extension of time 20 pursuant to applicable law. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under this 24 Order must take care to limit any such designation to specific material that qualifies 25 under the appropriate standards. The Designating Party must designate for protection 26 only those parts of material, documents, items or oral or written communications that 27 qualify so that other portions of the material, documents, items or communications 28 for which protection is not warranted are not swept unjustifiably within the ambit of [6] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 7 of 16 Page ID #:311 1 this Order. 2 Mass, indiscriminate or routinized designations are prohibited. Designations 3 that are shown to be clearly unjustified or that have been made for an improper 4 purpose (e.g., to unnecessarily encumber the case development process or to impose 5 unnecessary expenses and burdens on other parties) may expose the Designating Party 6 to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in 11 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 under this Order must be clearly so designated before the material is disclosed or 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 20 contains protected material. If only a portion of the material on a page qualifies for 21 protection, the Producing Party also must clearly identify the protected portion(s) 22 (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 28 it wants copied and produced, the Producing Party must determine which documents, [7] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 8 of 16 Page ID #:312 1 or portions thereof, qualify for protection under this Order. Then, before producing 2 the specified documents, the Producing Party must affix the “CONFIDENTIAL 3 legend” to each page that contains Protected Material. If only a portion of the material 4 on a page qualifies for protection, the Producing Party also must clearly identify the 5 protected portion(s) (e.g., by making appropriate markings in the margins). 6 (b) for testimony given in depositions that the Designating Party identifies 7 the Disclosure or Discovery Material on the record, before the close of the deposition 8 all protected testimony. 9 (c) for information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify the protected 14 portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 23 designation of confidentiality at any time that is consistent with the Court’s 24 Scheduling Order. 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process under Local Rule 37.1 et seq. 27 6.3 The burden of persuasion in any such challenge proceeding shall be on 28 the Designating Party. Frivolous challenges, and those made for an improper purpose [8] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 9 of 16 Page ID #:313 1 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 2 expose the Challenging Party to sanctions. Unless the Designating Party has waived 3 or withdrawn the confidentiality designation, all parties shall continue to afford the 4 material in question the level of protection to which it is entitled under the Producing 5 Party’s designation until the Court rules on the challenge. [6] 7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under the 12 conditions described in this Order. When the Action has been terminated, a Receiving 13 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 22 as employees of said Outside Counsel of Record to whom it is reasonably necessary 23 to disclose the information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) of the 25 Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) 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); [9] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 10 of 16 Page ID #:314 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) 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 (g) 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 (h) 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 be 15 separately bound by the court reporter and may not be disclosed to anyone except as 16 permitted under this Stipulated Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 20 LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this Action as 23 “CONFIDENTIAL,” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification shall 25 include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order 27 to issue in the other litigation that some or all of the material covered by the subpoena 28 or order is subject to this Protective Order. Such notification shall include a copy of [10] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 11 of 16 Page ID #:315 1 this Stipulated Protective Order; and 2 (c) cooperate with respect to all reasonable procedures sought to be pursued 3 by the Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this action 6 as “CONFIDENTIAL” before a determination by the court from which the subpoena 7 or order issued, unless the Party has obtained the Designating Party’s permission. The 8 Designating Party shall bear the burden and expense of seeking protection in that court 9 of its confidential material and nothing in these provisions should be construed as 10 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 11 directive from another court. [12] 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 14 LITIGATION 15 (a) The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 17 produced by Non-Parties in connection with this litigation is protected by the 18 remedies and relief provided by this Order. Nothing in these provisions should be 19 construed as prohibiting a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to 21 produce a Non-Party’s confidential information in its possession, and the Party is 22 subject to an agreement with the Non-Party not to produce the Non-Party’s 23 confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party 25 that some or all of the information requested is subject to a confidentiality agreement 26 with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the Stipulated 28 Protective Order in this Action, the relevant discovery request(s), and a reasonably [11] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 12 of 16 Page ID #:316 1 specific description of the information requested; and 2 (3) make the information requested available for inspection by the Non3 Party, if requested. 4 (c) If the Non-Party fails to seek a protective order from this court within 5 14 days of receiving the notice and accompanying information, the Receiving Party 6 may produce the Non-Party’s confidential information responsive to the discovery 7 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 8 not produce any information in its possession or control that is subject to the 9 confidentiality agreement with the Non-Party before a determination by the court. 10 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 11 of seeking protection in this court of its Protected Material. [12] 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] 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 24 MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other protection, 27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 28 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure [12] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 13 of 16 Page ID #:317 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 3 parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted 6 to the court. [7] 8 12. MISCELLANEOUS 9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 10 person to seek its modification by the Court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this 12 Protective Order, no Party waives any right it otherwise would have to object to 13 disclosing or producing any information or item on any ground not addressed in this 14 Stipulated Protective Order. Similarly, no Party waives any right to object on any 15 ground to use in evidence of any of the material covered by this Protective Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 18 only be filed under seal pursuant to a court order authorizing the sealing of the specific 19 Protected Material at issue. If a Party’s request to file Protected Material under seal 20 is denied by the court, then the Receiving Party may file the information in the public 21 record unless otherwise instructed by the court. [22] 23 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, within 60 25 days of a written request by the Designating Party, each Receiving Party must return 26 all Protected Material to the Producing Party or destroy such material. As used in this 27 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 28 summaries, and any other format reproducing or capturing any of the Protected [13] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 14 of 16 Page ID #:318 1 Material. Whether the Protected Material is returned or destroyed, the Receiving 2 Party must submit a written certification to the Producing Party (and, if not the same 3 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 4 (by category, where appropriate) all the Protected Material that was returned or 5 destroyed and (2) affirms that the Receiving Party has not retained any copies, 6 abstracts, compilations, summaries or any other format reproducing or capturing any 7 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 8 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 9 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 10 reports, 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 as set forth in 13 Section 4 (DURATION). 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// [14] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 15 of 16 Page ID #:319 1 14. Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. [4] 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [6] 7 Dated: 02/20/2022 LAW OFFICE OF LAWRENCE S. MIDDLETON 8 /s/ Lawrence S. Middleton LAWRENCE S. MIDDLETON, ESQ. 9 Attorneys for Plaintiff ARMEN MOURADIAN 10 Dated: 02/20/2022 MICHAEL N. FEUER, City Attorney SCOTT MARCUS, Chief Assistant City Attorney 11 CORY M. BRENTE, Sr. Assistant City Attorney LISA W. LEE, Deputy City Attorney [12] /s/ Lisa W. Lee 13 LISA W. LEE, Deputy City Attorney Attorneys for Defendant CITY OF LOS ANGELES, 14 LOS ANGELES POLICE DEPARTMENT, MICHEL R. MOORE, EFRAIN JUAREZ15 MARCIAL, MYCHAL ORTIZ, RAUL CUEVAS, JAMES JEPPSON, and LUIS ROSAS [17] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [19] DATED: M__a_rc_h_ _2_, _2_0_2 2 _________________________________________ 20 HON. SHASHI H. KEWALRAMANI United States Magistrate Judge [15] Case 2:21-cv-03880-DMG-SHK Document 33 Filed 03/02/22 Page 16 of 16 Page ID #:320 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND [3] 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury that 6 I have read in its entirety and understand the Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 [date]_________ in the case of Armen Mouradian v. City of Los Angeles, et al, Case 9 No. CV21-03880-DMG-(SHKx), I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity except 14 in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I 18 hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ [25] 26 Printed name: _______________________________ [27] 28 Signature: __________________________________