1 || MICHAEL E. GATES, City Attorney (SBN 258446) BRIAN L. WILLIAMS, Chief Trial Counsel (SBN 227948) 2 \IDANIEL S. CHA, Sr. Deputy City Attorney (SBN 260256) 3, || 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 4 (714) 536-5555 5 FAX (714) 374-1590 Email: Brian. Williams@surfcity-hb.org 6 Daniel.Cha@surfcity-hb.org 7 || Attorneys for Defendant g || CITY OF HUNTINGTON BEACH 9 10 UNITED STATES DISTRICT COURT 1] CENTRAL DISTRICT OF CALIFORNIA 12 13 |} MARTIN CRUZ, ANA CRUZ, and Case No. 8:19-cv-01449-DOC-ADS 14 N.B.C., a minor, Plaintiffs, and as Successors-in-Interest for Decedent [Discovery Document: Referred to 15 || BRYAN CRUZ, Magistrate Judge Autumn D. Spaeth] 16 Plaintiffs, STIPULATED PROTECTIVE M7 vs. ORDER 18 || CITY OF HUNTINGTON BEACH and 19 || DOES 1 through 10, inclusive, 20 Defendants. 21.4] 22 |I1. PURPOSES AND LIMITATIONS 23 54 A. Discovery in this action is likely to involve production of confidential, 25 proprietary, or private information for which special protection from public 26 disclosure and from use for any purpose other than prosecuting this litigation 27 28 may be warranted. Accordingly, the parties hereby stipulate to and petition

1 the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all

4 disclosures or responses to discovery and that the protection it affords from 5 public disclosure and use extends only to the limited information or items that

are entitled to confidential treatment under the applicable legal principles. 8 The parties further acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective Order does not entitle them to file confidential

11 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal. 13 GOOD CAUSE STATEMENT A. Defendants contend that there is good cause and a particularized need 18 for a protective order to preserve the interests of confidentiality and privacy in peace officer personnel file records and associated investigative or

confidential records for the following reasons. 22 First, Defendants contend that peace officers have a federal privilege of privacy in their personnel file records: a reasonable expectation of privacy 25 therein that is underscored, specified, and heightened by the statutory Pitchess protective procedure of California law. See Sanchez v. Santa Ana Police

28 Dept., 936 F.2d 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton,

1 2012 U.S. Dist. LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based discovery disputes involving 4 federal claims,” the “state privilege law which is consistent with its federal 5 equivalent significantly assists in applying [federal] privilege law to discover disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 8 1995) (peace officers have constitutionally-based “privacy rights [that] are no inconsequential” in their police personnel records); cf. Cal. Penal Code §§ 11 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that uncontrolled disclosure of such personnel file information can threaten the safety of non-party witnesses, officers, and their families/associates. 15 Second, Defendants contend that municipalities and law enforcement agencies have federal deliberative-executive process privilege, federal official 18 information privilege, federal law enforcement privilege, and federal attorney-client privilege (and/or attorney work product protection) interests in

the personnel files of their peace officers — particularly as to those portions of 22 peace officer personnel files that contain critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or communications for 25 the purposes of obtaining or rendering legal advice or analysis — potentially including but not limited to evaluative/analytical portions of officer involved

28 shooting investigations, internal affairs-type records or reports,

1 evaluative/analytical portions of supervisory records or reports, and/or reports prepared at the direction of counsel, or for the purpose of obtaining or

4 rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 5 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 8 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176- 177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. 11 Or. 2007); Admiral Ins. Co. v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further contend that such personnel file records are restricted from disclosure by the public entity’s custodian of 15 records pursuant to applicable California law and that uncontrolled release is likely to result in needless intrusion of officer and third party privacy; 18 impairment in the collection of third-party witness information and statements and related legitimate law enforcement investigations/interests; and a chilling of open and honest discussion regarding and/or investigation into alleged 22 misconduct that can erode a public entity’s ability to identify and/or implement any remedial measures that may be required. 25 Third, Defendants contend that, since peace officers do not have the same rights as other private citizens to avoid giving compelled statements, it

28 is contrary to the fundamental principles of fairness to permit uncontrolled

1 release of officers’ compelled statements. See generally, Lybarger v. City of Los Angeles, 40 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V.

4 Finally, recent amendments to state law enacted by Senate Bill 1421, 5 do not diminish the fundamental privacy interests in the categories of material described above. The information required to be released pursuant to Senate 8 Bill 1421 is subject to strict redaction requirements, whereby the information available under Senate Bill 1421 is not coextensive with the information

11 available through a Pitchess motion for discovery. See Cal. Pen. Code § 832.7(b)(5). Moreover, the statute expressly provides that it “does not affect the discovery of disclosure of information” pursuant to the statutory Pitchess 15 procedure for discovery. Accordingly, Defendants contend that, without a protective order 18 preventing such, dissemination of confidential records in the case can and will likely substantially impair and harm defendant public entity’s interests in

candid self-critical analysis, frank internal deliberations, obtaining candid 22 information from witnesses, preserving the safety of witnesses, preserving the safety of peace officers and peace officers’ families and associates, protecting 25 the privacy officers of peace officers, and preventing pending investigations from being detrimentally undermined by publication of private, sensitive, or

28 confidential information — as can and often does result in litigation.

1 Plaintiff does not agree or concede to Defendants’ contentions herein above. However, Plaintiff agrees that there is Good Cause for a Protective

4 Order so as to preserve the respective interests of the parties without the need 5 to further burden the Court with such issues. Specifically, the parties jointly contend that, absent this Stipulation and its associated Protective Order, the 8 parties’ respective privilege and/or privacy interests, and/or privacy interests of third parties, may be impaired or harmed, and that this Stipulation and its

11 associated Protective Order may avoid such harm by permitting the parties to facilitate discovery with reduced risk that privileged and/or 13 14 sensitive/confidential information will become matters of public record. 15 The parties jointly contend that there is typically a particularized need for protection as to any medical or psychotherapeutic records and autopsy 18 photographs, because of the privacy interests at stake therein. Because of these sensitive interests, a Court Order should address these documents rather

than a private agreement between the parties. 22 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to 25 adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such

28 material in preparation for and in the conduct of trial, to address their

1 handling at the end of the litigation, and serve the ends of justice, a protective 2 order for such information is justified in this matter. It is the intent of the 3 4 parties that information will not be designated as confidential for tactical 5 reasons and that nothing be so designated without a good faith belief that it 6 7 has been maintained in a confidential, non-public manner, and there is good 8 cause why it should not be part of the public record of this case. 9 10 HI. DEFINITIONS

11 A. Action: This pending federal law suit. B. Challenging Party: A Party or Non-Party that challenges the 13 14 designation of information or items under this Order. 15 C. “CONFIDENTIAL” Information or Items: Information (regardless of 16 7 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 1 above in the Good Cause Statement. 20 D. Counsel: Outside Counsel of Record and House Counsel (as well as 22 their support staff). 23 A E. Designating Party: A Party or Non-Party that designates information o 25 items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 28

1 F. Disclosure or Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained 3 4 (including, among other things, testimony, transcripts, and tangible things), 5 that are produced or generated in disclosures or responses to discovery in this 6 7 matter. 8 G. — Expert: A person with specialized knowledge or experience in a matter 9 10 pertinent to the litigation who has been retained by a Party or its counsel to

11 serve as an expert witness or as a consultant in this Action. H. House Counsel: Attorneys who are employees of a party to this Action. 13 14 House Counsel does not include Outside Counsel of Record or any other 15 outside counsel. 16 7 I. Non-Party: Any natural person, partnership, corporation, association, 18 or other legal entity not named as a Party to this action. 19 J. Outside Counsel of Record: Attorneys who are not employees of a 20 party to this Action but are retained to represent or advise a party to this 22 Action and have appeared in this Action on behalf of that party or are 23 74 affiliated with a law firm which has appeared on behalf of that party, and 25 includes support staff. 26 27 28

1 K. Party: Any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and 4 their support staffs). 5 L. Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this Action. 8 M. Professional Vendors: Persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing 11 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. N. Protected Material: Any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL.” O. Receiving Party: A Party that receives Disclosure or Discovery 18 Material from a Producing Party. 19 IV. SCOPE 20 A. — The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or 25 compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

1 B. Any use of Protected Material at trial shall be governed by the orders o the trial judge. This Order does not govern the use of Protected Material at

4 trial. >{lv. DURATION A. Once a case proceeds to trial, all of the information that was designated 8 as confidential or maintained pursuant to this Protective Order, and which was used and admitted into evidence at trial, becomes public and will be

11 presumptively available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. 15 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in 18 discovery from “compelling reasons” standard when merits-related documents are part of court record). Accordingly, the terms of this Protective

Order do not extend beyond the commencement of the trial, except as to 22 Protected Material that was not used and admitted into evidence at trial. In other words, Protected Material that is used and admitted into evidence at trial 25 presumptively becomes a public record, but Protected Material that is not used and admitted into evidence remains subject to this Protective Order

28 subject to Paragraph V.B.

1 B. — Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating 4 Party agrees otherwise in writing or a court order otherwise directs. Final 5 disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final judgment 8 herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time limits for filing 11 any motions or applications for extension of time pursuant to applicable law. !2 \\VL_ DESIGNATING PROTECTED MATERIAL A. — Exercise of Restraint and Care in Designating Material for Protection 15 1. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation 18 to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of

material, documents, items, or oral or written communications that 22 qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept 25 unjustifiably within the ambit of this Order. 2. Mass, indiscriminate, or routinized designations are prohibited. 28 Designations that are shown to be clearly unjustified or that have been

1 made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens

4 on other parties) may expose the Designating Party to sanctions. 5 3. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that 8 Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 B. | Manner and Timing of Designations 1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 15 Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. 18 2. Designation in conformity with this Order requires the following: a. For information in documentary form (e.g., paper or

7] electronic documents, but excluding transcripts of depositions or 22 other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 25 “CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material

28 on a page qualifies for protection, the Producing Party also must

1 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 4 b. A Party or Non-Party that makes original documents 5 available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it 8 would like copied and produced. During the inspection and before the designation, all of the material made available for

11 inspection shall be deemed “CONFIDENTIAL.” After the V2 inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, 15 or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing 18 Party must affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion or portions of

7] the material on a page qualifies for protection, the Producing 22 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 25 C. For testimony given in depositions, that the Designating Party identify the Disclosure or Discovery Material on the

28 record, before the close of the deposition all protected testimony.

1 d. For information produced in form other than document 2 ais and for any other tangible items, that the Producing Party affix in 3 4 a prominent place on the exterior of the container or containers 5 in which the information is stored the legend 6 7 “CONFIDENTIAL.” If only a portion or portions of the 8 information warrants protection, the Producing Party, to the 9 10 extent practicable, shall identify the protected portion(s). 11 C. Inadvertent Failure to Designate 1. If timely corrected, an inadvertent failure to designate qualified 13 14 information or items does not, standing alone, waive the Designating 15 Party’s right to secure protection under this Order for such material. 16 7 Upon timely correction of a designation, the Receiving Party must 18 make reasonable efforts to assure that the material is treated in 19 _. . accordance with the provisions of this Order. 20 91 || VIL. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 A. — Timing of Challenges 23 74 1. Any party or Non-Party may challenge a designation of 25 confidentiality at any time that is consistent with the Court’s 26 Scheduling Order. 27 28 B. Meet and Confer

1 1. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 4 C. — The burden of persuasion in any such challenge proceeding shall be on 5 the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other 8 parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, 11 all parties shall continue to afford the material in question the level of V2 protection to which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 15 || VII. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7 A. — Basic Principles 18 1. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this

Action only for prosecuting, defending, or attempting to settle this 22 Action. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. 25 When the Action has been terminated, a Receiving Party must comply with the provisions of Section XIV below.

1 2. Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is

4 limited to the persons authorized under this Order. 5 B. — Disclosure of “CONFIDENTIAL” Information or Items 1. Unless otherwise ordered by the Court or permitted in writing by 8 the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to:

11 a. The Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 15 for this Action; 16 7 b. The officers, directors, and employees (including House 18 Counsel) of the Receiving Party to whom disclosure 1s reasonably necessary for this Action;

C. Experts (as defined in this Order) of the Receiving Party to 22 whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” 25 (Exhibit A); 26 57 d. The Court and its personnel; 28 e. Court reporters and their staff;

1 f. Professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably 4 necessary or this Action and who have signed the 5 “Acknowledgment and Agreement to be Bound” attached as Exhibit A hereto; 8 g. The author or recipient of a document containing the information or a custodian or other person who otherwise

11 possessed or knew the information; h. During their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably 15 necessary provided: (1) the deposing party requests that the witness sign the “Acknowledgment and Agreement to Be 18 Bound;” and (ii) they will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the 22 Designating Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 25 Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under

28 this Stipulated Protective Order; and

1 1. Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in

4 settlement discussions. 5 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

8 A. Ifa Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or ttems designated in

11 this Action as “CONFIDENTIAL,” that Party must: 1. Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 15 2. Promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material 18 covered by the subpoena or order 1s subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective

Order; and 22 3. Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be 25 affected. B. _ Ifthe Designating Party timely seeks a protective order, the Party 28 served with the subpoena or court order shall not produce any information

1 designated in this action as “CONFIDENTIAL” before a determination by the Court from which the subpoena or order issued, unless the Party has obtained

4 the Designating Party’s permission. The Designating Party shall bear the 5 burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or 8 encouraging a Receiving Party in this Action to disobey a lawful directive from another court.

11 || X. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

A. — The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is 18 protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 22 B. Inthe event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the 25 Party is subject to an agreement with the Non-Party not to produce the Non- Party’s confidential information, then the Party shall:

1 1. Promptly notify in writing the Requesting Party and the Non- Party that some or all of the information requested is subject to a

4 confidentiality agreement with a Non-Party; 5 2. Promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a 8 reasonably specific description of the information requested; and 3. Make the information requested available for inspection by the

11 Non-Party, if requested. C. If the Non-Party fails to seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving 15 Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the 18 Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a

determination by the court. Absent a court order to the contrary, the Non- 22 Party shall bear the burden and expense of seeking protection in this court of 23 74 its Protected Material. 25 ||XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL A. Ifa Receiving Party learns that, by inadvertence or otherwise, it has

28 disclosed Protected Material to any person or in any circumstance not

1 authorized under this Stipulated Protective Order, the Receiving Party must immediately (1) notify in writing the Designating Party of the unauthorized

4 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 5 Protected Material, (3) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (4) request such 8 person or persons to execute the “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit A.

11 || XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

A. | When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in 18 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that

provides for production without prior privilege review. Pursuant to Federal 22 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the 25 attorney-client privilege or work product protection, the parties may incorporate their agreement in the Stipulated Protective Order submitted to

28 the Court.

1 || XII. MISCELLANEOUS A. — Right to Further Relief

4 1. Nothing in this Order abridges the right of any person to seek its 5 modification by the Court in the future. B. — Right to Assert Other Objections 8 1. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or

11 producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered 15 by this Protective Order. C. Filing Protected Material 18 1. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be

filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the Court, then the 25 Receiving Party may file the information in the public record unless otherwise instructed by the Court.

22 4 A. After the final disposition of this Action, as defined in Section V, 5 within sixty (60) days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or 8 destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format

11 reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit

a written certification to the Producing Party (and, if not the same person or 15 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or 18 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or

capturing any of the Protected Material. Notwithstanding this provision, 22 Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 25 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected

1 Material. Any such archival copies that contain or constitute Protected 2 Material remain subject to this Protective Order as set forth in Section V. 3 4 B. — Any violation of this Order may be punished by any and all appropriate 5 measures including, without limitation, contempt proceedings and/or 6 7 monetary sanctions. 8 9 10 11 | SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 || Dated: /s/ Luis A. Carrillo 14 Attorney(s) for Plaintiff(s) 15 16 || Dated: /s/ Daniel S$. Cha' 7 Attorney(s) for Defendant(s) 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 1 || Dated:November 15, 2019 S/Autumn D Spaeth”

HONORABLE AUTUMN D. SPAETH

22 United States Magistrate Judge 23 24 25 26 27. {oo 28 ||! I hereby attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 24