Richard Payne v. City of Los Angeles

[8] UNITED STATES DISTRICT COURT [9] 10 CENTRAL DISTRICT OF CALIFORNIA [11] RICHARD PAYNE, an individual; CASE NO. CV 17-09044 CAS (KSx) 12 JANCHAI PAYNE, an individual; K.P., [Hon. Judge Christina A. Snyder, 1st CH, Ctrm. 8D] a minor, by and through her guardian ad [Mag. Karen L. Stevenson , Roybal CH, Ctrm. 580] 13 litem, 14 Plaintiffs, [PROPOSED] PROTECTIVE ORDER 15 vs. 16 CITY OF LOS ANGELES; Police Chief CHARLIE BECK, in his individual 17 capacity; Does 1-100, inclusive, 18 Defendants. [28] 1 1. INTRODUCTION [2] 1.1 PURPOSES AND LIMITATIONS [3] Discovery in this action is likely to involve production of confidential, [4] proprietary, or private information for which special protection from public [5] disclosure and from use for any purpose other than prosecuting this litigation may [6] be warranted. Accordingly, the parties hereby stipulate to and petition the Court to [7] enter the following Stipulated Protective Order. The parties acknowledge that this [8] Order does not confer blanket protections on all disclosures or responses to [9] discovery and that the protection it affords from public disclosure and use extends [10] only to the limited information or items that are entitled to confidential treatment [11] under the applicable legal principles. The parties further acknowledge, as set forth [12] in Section 12.3, below, that this Stipulated Protective Order does not entitle them [13] to file confidential information under seal; Civil Local Rule 79-5 sets forth the [14] procedures that must be followed and the standards that will be applied when a [15] party seeks permission from the court to file material under seal. [16] 1.2 GOOD CAUSE STATEMENT [17] In this case, Plaintiffs claim excessive use of force by law enforcement officers [18] who acted while in the course of their employment. In connection with these claims, [19] plaintiffs intend to seek discovery related to the officers’ personal and personnel [20] information and background. [21] Plaintiffs are seeking materials and information that Defendant City of Los [22] Angeles (“City”) maintain as confidential. These records may contain confidential [23] files such as personnel files of the police officers involved in this incident, Internal [24] Affairs materials and information, video recordings, audio recordings, and [25] information and other administrative materials and information currently in the [26] possession of the City and which City believes need special protection from public [27] disclosure and from use for any purpose other than prosecuting this litigation. [28] 1 Plaintiffs are also likely to seek official information contained in the personnel files [2] of the police officers involved in the subject incident, which the City maintains as [3] strictly confidential and which City believes need special protection from public [4] disclosure and from use for any purpose other than prosecuting this litigation. [5] City asserts that the confidentiality of the materials and information sought by [6] Plaintiff is recognized by California and federal law, as evidenced inter alia by [7] California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. 8 Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). The City has not [9] publicly released the materials and information referenced above except under [10] protective order or pursuant to a court order, if at all. These materials and [11] information are of the type that has been used to initiate disciplinary action against [12] Los Angeles Police Department (“LAPD”) officers, and has been used as evidence in [13] disciplinary proceedings, where the officers’ conduct was considered to be contrary [14] to LAPD policy. [15] The City contends that absent a protective order delineating the responsibilities [16] of nondisclosure on the part of the parties hereto, there is a specific risk of [17] unnecessary and undue disclosure by one or more of the many attorneys, secretaries, [18] law clerks, paralegals and expert witnesses involved in this case, as well as the [19] corollary risk of embarrassment, harassment and professional and legal harm on the [20] part of the LAPD officers referenced in the materials and information. [21] The City also contends that the unfettered disclosure of the materials and [22] information, absent a protective order, would allow the media to share this [23] information with potential jurors in the area, impacting the rights of the City herein [24] to receive a fair trial. [25] Thus, good cause exists for the entry of this pretrial protective order in that the [26] action involves claims of excessive force by law enforcement officers who acted [27] while in the course of their employment. Accordingly, to expedite the flow of [28] 1 information, to facilitate the prompt resolution of disputes over confidentiality of [2] discovery materials, to adequately protect information the parties are entitled to keep [3] confidential, to ensure that the parties are permitted reasonable necessary uses of such [4] material in preparation for and in the conduct of trial, to address their handling at the [5] end of the litigation, and serve the ends of justice, a protective order for such [6] information is justified in this matter. It is the intent of the parties that information [7] will not be designated as confidential for tactical reasons and that nothing be so [8] designated without a good faith belief that it has been maintained in a confidential, [9] non-public manner, and there is good cause why it should not be part of the public [10] record of this case. In order to enable the parties and the Court to more efficiently [11] work through concerns raised regarding the propriety of disclosing any such [12] information, the parties wish the Court to enter the following proposed order into the [13] record. [14] 1.3 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER [15] SEAL [16] The parties further acknowledge, as set forth in Section 12.3, below, that this [17] Stipulated Protective Order does not entitle them to file confidential information [18] under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and [19] the standards that will be applied when a party seeks permission from the court to file [20] material under seal. [21] There is a strong presumption that the public has a right of access to judicial [22] proceedings and records in civil cases. In connection with non-dispositive motions, [23] good cause must be shown to support a filing under seal. See Kamakana v. City and [24] County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors [25] Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, [26] Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders [27] require good cause showing), and a specific showing of good cause or compelling [28] 1 reasons with proper evidentiary support and legal justification, must be made with [2] respect to Protected Material that a party seeks to file under seal. The parties’ mere [3] designation of Disclosure or Discovery Material as CONFIDENTIAL does not— [4] without the submission of competent evidence by declaration, establishing that the [5] material sought to be filed under seal qualifies as confidential, privileged, or [6] otherwise protectable—constitute good cause. [7] Further, if a party requests sealing related to a dispositive motion or trial, then [8] compelling reasons, not only good cause, for the sealing must be shown, and the [9] relief sought shall be narrowly tailored to serve the specific interest to be protected. [10] See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For [11] each item or type of information, document, or thing sought to be filed or introduced [12] under seal in connection with a dispositive motion or trial, the party seeking [13] protection must articulate compelling reasons, supported by specific facts and legal [14] justification, for the requested sealing order. Again, competent evidence supporting [15] the application to file documents under seal must be provided by declaration. [16] Any document that is not confidential, privileged, or otherwise protectable in [17] its entirety will not be filed under seal if the confidential portions can be redacted. If [18] documents can be redacted, then a redacted version for public viewing, omitting only [19] the confidential, privileged, or otherwise protectable portions of the document, shall [20] be filed. Any application that seeks to file documents under seal in their entirety [21] should include an explanation of why redaction is not feasible. [22] 2. DEFINITIONS [23] 2.1 Action: Richard Payne et al. vs. City of Los Angeles, Case No. CV 1724 09044 CAS (KSx). [25] 2.2 Challenging Party: a Party or Non-Party that challenges the designation [26] of information or items under this Order. [27] 2.3 “CONFIDENTIAL” Information or Items: information (regardless of [28] 1 how it is generated, stored or maintained) or tangible things that qualify for protection [2] under Federal Rule of Civil Procedure 26(c), and as specified above in the Good [3] Cause Statement. This also includes (1) any information copied or extracted from the [4] Confidential information; (2) all copies, excerpts, summaries or compilations of [5] Confidential information; and (3) any testimony, conversations, or presentations that [6] might reveal Confidential information. [7] 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their [8] support staff). [9] 2.5 Designating Party: a Party or Non-Party that designates information or [10] items that it produces in disclosures or in responses to discovery as [11] “CONFIDENTIAL.” [12] 2.6 Disclosure or Discovery Material: all items or information, regardless of [13] the medium or manner in which it is generated, stored, or maintained (including, [14] among other things, testimony, transcripts, and tangible things), that are produced or [15] generated in disclosures or responses to discovery in this matter. [16] 2.7 Expert: a person with specialized knowledge or experience in a matter [17] pertinent to the litigation who has been retained by a Party or its counsel to serve as [18] an expert witness or as a consultant in this Action. [19] 2.8 House Counsel: attorneys who are employees of a party to this Action. [20] House Counsel does not include Outside Counsel of Record or any other outside [21] counsel. [22] 2.9 Non-Party: any natural person, partnership, corporation, association, or [23] other legal entity not named as a Party to this action. [24] 2.10 Outside Counsel of Record: attorneys who are not employees of a party [25] to this Action but are retained to represent or advise a party to this Action and have [26] appeared in this Action on behalf of that party or are affiliated with a law firm which [27] has appeared on behalf of that party, and includes support staff. [28] 1 2.11 Party: any party to this Action, including all of its officers, directors, [2] employees, consultants, retained experts, and Outside Counsel of Record (and their [3] support staffs). [4] 2.12 Producing Party: a Party or Non-Party that produces Disclosure or [5] Discovery Material in this Action. [6] 2.13 Professional Vendors: persons or entities that provide litigation support [7] services (e.g., photocopying, videotaping, translating, preparing exhibits or [8] demonstrations, and organizing, storing, or retrieving data in any form or medium) [9] and their employees and subcontractors. [10] 2.14 Protected Material: any Disclosure or Discovery Material that is [11] designated as “CONFIDENTIAL.” [12] 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material [13] from a Producing Party. [14] 3. SCOPE [15] The protections conferred by this Stipulation and Order cover not only [16] Protected Material (as defined above), but also (1) any information copied or [17] extracted from Protected Material; (2) all copies, excerpts, summaries, or [18] compilations of Protected Material; and (3) any testimony, conversations, or [19] presentations by Parties or their Counsel that might reveal Protected Material. [20] Any use of Protected Material at trial will be governed by the orders of the trial [21] judge. This Order does not govern the use of Protected Material at trial. [22] 4. DURATION [23] Once a case proceeds to trial, all of the information that was designated as [24] confidential or maintained pursuant to this protective order becomes public and will [25] be presumptively available to all members of the public, including the press, unless [26] compelling reasons supported by specific factual findings to proceed otherwise are [27] made to the trial judge in advance of the trial. See Kamakana v. City and County of [28] 1 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” [2] showing for sealing documents produced in discovery from “compelling reasons” [3] standard when merits-related documents are part of court record). Accordingly, the [4] terms of this protective order do not extend beyond the commencement of the trial. [5] 5. DESIGNATING PROTECTED MATERIAL [6] 5.1 Exercise of Restraint and Care in Designating Material for Protection. [7] Each Party or Non-Party that designates information or items for protection under this [8] Order must take care to limit any such designation to specific material that qualifies [9] under the appropriate standards. The Designating Party must designate for protection [10] only those parts of material, documents, items, or oral or written communications that [11] qualify so that other portions of the material, documents, items, or communications [12] for which protection is not warranted are not swept unjustifiably within the ambit of [13] this Order. [14] Mass, indiscriminate, or routinized designations are prohibited. Designations [15] that are shown to be clearly unjustified or that have been made for an improper [16] purpose (e.g., to unnecessarily encumber the case development process or to impose [17] unnecessary expenses and burdens on other parties) may expose the Designating [18] Party to sanctions. [19] If it comes to a Designating Party’s attention that information or items that it [20] designated for protection do not qualify for protection, that Designating Party must [21] promptly notify all other Parties that it is withdrawing the inapplicable designation. [22] 5.2 Manner and Timing of Designations. Except as otherwise provided in [23] this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise [24] stipulated or ordered, Disclosure or Discovery Material that qualifies for protection [25] under this Order must be clearly so designated before the material is disclosed or [26] produced. [27] Designation in conformity with this Order requires: [28] 1 (a) for information in documentary form (e.g., paper or [2] electronic documents, but excluding transcripts of depositions or other [3] pretrial or trial proceedings), that the Producing Party affix at a [4] minimum, the legend “CONFIDENTIAL” (hereinafter [5] “CONFIDENTIAL legend”), to each page that contains protected [6] material. If only a portion or portions of the material on a page qualifies [7] for protection, the Producing Party also must clearly identify the [8] protected portion(s) (e.g., by making appropriate markings in the [9] margins). [10] A Party or Non-Party that makes original documents available for [11] inspection need not designate them for protection until after the [12] inspecting Party has indicated which documents it would like copied and [13] produced. During the inspection and before the designation, all of the [14] material made available for inspection will be deemed [15] “CONFIDENTIAL.” After the inspecting Party has identified the [16] documents it wants copied and produced, the Producing Party must [17] determine which documents, or portions thereof, qualify for protection [18] under this Order. Then, before producing the specified documents, the [19] Producing Party must affix the “CONFIDENTIAL legend” to each page [20] that contains Protected Material. If only a portion or portions of the [21] material on a page qualifies for protection, the Producing Party also must [22] clearly identify the protected portion(s) (e.g., by making appropriate [23] markings in the margins). [24] (b) for testimony given in depositions that the Designating [25] Party identify the Disclosure or Discovery Material on the record, before [26] the close of the deposition all protected testimony. [27] (c) for information produced in some form other than [28] 1 documentary and for any other tangible items, that the Producing Party [2] affix in a prominent place on the exterior of the container or containers [3] in which the information is stored the legend “CONFIDENTIAL.” If [4] only a portion or portions of the information warrants protection, the [5] Producing Party, to the extent practicable, will identify the protected [6] portion(s). [7] 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent [8] failure to designate qualified information or items does not, standing alone, waive the [9] Designating Party’s right to secure protection under this Order for such material. [10] Upon timely correction of a designation, the Receiving Party must make reasonable [11] efforts to assure that the material is treated in accordance with the provisions of this [12] Order. [13] 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS [14] 6.1 Timing of Challenges. Any Party or Non-Party may challenge a [15] designation of confidentiality at any time that is consistent with the Court’s [16] Scheduling Order. [17] 6.2 Meet and Confer. The Challenging Party will initiate the dispute [18] resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 [19] et seq. [20] 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a [21] joint stipulation pursuant to Local Rule 37-2. [22] 6.4 The burden of persuasion in any such challenge proceeding will be on [23] the Designating Party. Frivolous challenges, and those made for an improper purpose [24] (e.g., to harass or impose unnecessary expenses and burdens on other parties) may [25] expose the Challenging Party to sanctions. Unless the Designating Party has waived [26] or withdrawn the confidentiality designation, all parties will continue to afford the [27] material in question the level of protection to which it is entitled under the Producing [28] 1 Party’s designation until the Court rules on the challenge. [2] 7. ACCESS TO AND USE OF PROTECTED MATERIAL [3] 7.1 Basic Principles. A Receiving Party may use Protected Material that is [4] disclosed or produced by another Party or by a Non-Party in connection with this [5] Action only for prosecuting, defending, or attempting to settle this Action. Such [6] Protected Material may be disclosed only to the categories of persons and under the [7] conditions described in this Order. When the Action has been terminated, a Receiving [8] Party must comply with the provisions of section 13 below (FINAL DISPOSITION). [9] Protected Material must be stored and maintained by a Receiving Party at a [10] location and in a secure manner that ensures that access is limited to the persons [11] authorized under this Order. [12] 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless [13] otherwise ordered by the court or permitted in writing by the Designating Party, a [14] Receiving Party may disclose any information or item designated [15] “CONFIDENTIAL” only to: [16] (a) the Receiving Party’s Outside Counsel of Record in this [17] Action, as well as employees of said Outside Counsel of Record to [18] whom it is reasonably necessary to disclose the information for this [19] Action; [20] (b) the officers, directors, and employees (including House [21] Counsel) of the Receiving Party to whom disclosure is reasonably [22] necessary for this Action; [23] (c) Experts (as defined in this Order) of the Receiving Party to [24] whom disclosure is reasonably necessary for this Action and who have [25] signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); [26] (d) the Court and its personnel; [27] (e) court reporters and their staff; [28] 1 (f) professional jury or trial consultants, mock jurors, and [2] Professional Vendors to whom disclosure is reasonably necessary for [3] this Action and who have signed the “Acknowledgment and Agreement [4] to Be Bound” (Exhibit A); [5] (g) the author or recipient of a document containing the [6] information or a custodian or other person who otherwise possessed or [7] knew the information; [8] (h) during their depositions, witnesses, and attorneys for [9] witnesses, in the Action to whom disclosure is reasonably necessary [10] provided: (1) the deposing party requests that the witness sign the form [11] attached as Exhibit A hereto; and (2) they will not be permitted to keep [12] any confidential information unless they sign the “Acknowledgment and [13] Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the [14] Designating Party or ordered by the court. Pages of transcribed [15] deposition testimony or exhibits to depositions that reveal Protected [16] Material may be separately bound by the court reporter and may not be [17] disclosed to anyone except as permitted under this Stipulated Protective [18] Order; and [19] (i) any mediator or settlement officer, and their supporting [20] personnel, mutually agreed upon by any of the parties engaged in [21] settlement discussions. [22] 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED [23] PRODUCED IN 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 [28] 1 notification will include a copy of the subpoena or court order; [2] (b) promptly notify in writing the party who caused the [3] subpoena or order to issue in the other litigation that some or all of the [4] material covered by the subpoena or order is subject to this Protective [5] Order. Such notification will include a copy of this Stipulated Protective [6] Order; and [7] (c) cooperate with respect to all reasonable procedures sought [8] to be pursued by the Designating Party whose Protected Material may be [9] affected. [10] If the Designating Party timely seeks a protective order, the Party served with [11] the subpoena or court order will not produce any information designated in this action [12] as “CONFIDENTIAL” before a determination by the court from which the subpoena [13] or order issued, unless the Party has obtained the Designating Party’s permission. The [14] Designating Party will bear the burden and expense of seeking protection in that court [15] of its confidential material and nothing in these provisions should be construed as [16] authorizing or encouraging a Receiving Party in this Action to disobey a lawful [17] directive from another court. [18] 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE [19] PRODUCED IN THIS LITIGATION [20] (a) The terms of this Order are applicable to information [21] produced by a Non-Party in this Action and designated as [22] “CONFIDENTIAL.” Such information produced by Non-Parties in [23] connection with this litigation is protected by the remedies and relief [24] provided by this Order. Nothing in these provisions should be construed [25] as prohibiting a Non-Party from seeking additional protections. [26] (b) In the event that a Party is required, by a valid discovery [27] request, to produce a Non-Party’s confidential information in its [28] 1 possession, and the Party is subject to an agreement with the Non-Party [2] not to produce the Non-Party’s confidential information, then the Party [3] will: [4] (1) promptly notify in writing the Requesting Party and [5] the Non-Party that some or all of the information requested is [6] subject to a confidentiality agreement with a Non-Party; [7] (2) promptly provide the Non-Party with a copy of the [8] Stipulated Protective Order in this Action, the relevant discovery [9] request(s), and a reasonably specific description of the information [10] requested; and [11] (3) make the information requested available for [12] inspection by the Non-Party, if requested. [13] (c) If the Non-Party fails to seek a protective order from this [14] court within 14 days of receiving the notice and accompanying [15] information, the Receiving Party may produce the Non-Party’s [16] confidential information responsive to the discovery request. If the Non17 Party timely seeks a protective order, the Receiving Party will not [18] produce any information in its possession or control that is subject to the [19] confidentiality agreement with the Non-Party before a determination by [20] the court. Absent a court order to the contrary, the Non-Party will bear [21] the burden and expense of seeking protection in this court of its [22] Protected Material. [23] 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL [24] If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed [25] Protected Material to any person or in any circumstance not authorized under this [26] Stipulated Protective Order, the Receiving Party must immediately (a) notify in [27] writing the Designating Party of the unauthorized disclosures, (b) use its best efforts [28] 1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or [2] persons to whom unauthorized disclosures were made of all the terms of this Order, [3] and (d) request such person or persons to execute the “Acknowledgment and [4] Agreement to Be Bound” that is attached hereto as Exhibit A. [5] 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE [6] PROTECTED MATERIAL [7] When a Producing Party gives notice to Receiving Parties that certain [8] inadvertently produced material is subject to a claim of privilege or other protection, [9] the obligations of the Receiving Parties are those set forth in Federal Rule of Civil [10] Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure [11] may be established in an e-discovery order that provides for production without prior [12] privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the [13] parties reach an agreement on the effect of disclosure of a communication or [14] information covered by the attorney-client privilege or work product protection, the [15] parties may incorporate their agreement in the stipulated protective order submitted to [16] the court. [17] 12. MISCELLANEOUS [18] 12.1 Right to Further Relief. Nothing in this Order abridges the right of any [19] person to seek its modification by the Court in the future. [20] 12.2 Right to Assert Other Objections. By stipulating to the entry of this [21] Protective Order no Party waives any right it otherwise would have to object to [22] disclosing or producing any information or item on any ground not addressed in this [23] Stipulated Protective Order. Similarly, no Party waives any right to object on any [24] ground to use in evidence of any of the material covered by this Protective Order. [25] 12.3 Filing Protected Material. A Party that seeks to file under seal any [26] Protected Material must comply with Civil Local Rule 79-5. Protected Material may [27] only be filed under seal pursuant to a court order authorizing the sealing of the [28] 1 specific Protected Material at issue. If a Party's request to file Protected Material [2] under seal is denied by the court, then the Receiving Party may file the information in [3] the public record unless otherwise instructed by the court. [4] 13. FINAL DISPOSITION [5] After the final disposition of this Action, as defined in paragraph 4, within 60 [6] days of a written request by the Designating Party, each Receiving Party must return [7] all Protected Material to the Producing Party. As used in this subdivision, “all [8] Protected Material” includes all copies, abstracts, compilations, summaries, and any [9] other format reproducing or capturing any of the Protected Material. The Receiving [10] Party must submit a written certification to the Producing Party (and, if not the same [11] person or entity, to the Designating Party) by the 60 day deadline that (1) identifies [12] (by category, where appropriate) all the Protected Material that was returned and (2) [13] affirms that the Receiving Party has not retained any copies, abstracts, compilations, [14] summaries or any other format reproducing or capturing any of the Protected [15] Material. Notwithstanding this provision, Counsel are entitled to retain an archival [16] copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal [17] memoranda, correspondence, deposition and trial exhibits, expert reports, attorney [18] work product, and consultant and expert work product, even if such materials contain [19] Protected Material. Any such archival copies that contain or constitute Protected [20] Material remain subject to this Protective Order as set forth in Section 4 [21] (DURATION). [22] / / / [23] / / / [24] / / / [25] / / / [26] / / / [1] 14. VIOLATION Any willful violation of this Order may be punished by civil or criminal contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 4 . authorities, or other appropriate action at the discretion of the Court. [6] IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [7] 8 . LAW OFFICES OF ELLIOT N. DATED: — September 21, 2020 TIOMKIN [10] By: /S/ Attorney for Plaintiffs RICTLERD 12 PAYNE, JANCHAI PAYNE, K.P. [13] 141 DATED: September 21, 2020 OFFICE OF THE CITY 15 ATTORNEY [16] 17 By: /S/ Hasmik Badalian Collins 18 Attorneys for Defendant CITY OF 19 LOS ANGELES et al. [20] 3] | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [22] DATED: September 21, 2020 By= 73 HO □□ 24 United States Magistrate Judge [28] 1 EXHIBIT A [3] ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND [5] I, _____________________________ [full name], of _________________ [6] [full address], declare under penalty of perjury that I have read in its entirety and [7] understand the Stipulated Protective Order that was issued by the United States [8] District Court for the Central District of California on [date] in the case of [9] ___________ [insert case name and number]. I agree to comply with and to be [10] bound by all the terms of this Stipulated Protective Order and I understand and [11] acknowledge that failure to so comply could expose me to sanctions and punishment [12] in the nature of contempt. I solemnly promise that I will not disclose in any manner [13] any information or item that is subject to this Stipulated Protective Order to any [14] person or entity except in strict compliance with the provisions of this 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 __________________________ [full [19] name] of _______________________________________ [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. [24] Date: ______________________________________ [25] City and State where signed: _________________________________ [26] Printed name: _______________________________ [27] Signature: __________________________________