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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

Ul 19 VALERIE ARISMENDEZ CASE NO. 2:19-cv-08767-CJC (SSx) 13 Plaintiff, DISCOVERY MATTER 14 v. □□□ 15 ROTECTIVE ORDER DEPUTY See DEPUTY GOVERNING PRODUCTION OF 16 | BAEK; DEPUTY NEZ; DEPUTY | “CONFIDENTIAL”

NOLASCO; COUNTY OF LOS.” INFORMATION

17 || ANGELES; and DOES 1-235, inclusive. 18 Defendants. [Assigned to Hon. Cormac J. Carney ourtroom “7C”] 19 {Discovery Document: Referred to 20 | □□□ _| Magistrate Susanne H. Segal] 21 22 || I. PURPOSE AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential o1 24 || private information for which special protection from public disclosure and from use 25 || for any purpose other than prosecuting this action may be warranted. Accordingly. 26 ||the parties hereby stipulate to and petition the Court to enter the following 27 ||[Proposed] Stipulated Protective Order (hereafter “this Order”). The parties 28 || acknowledge that this Order does not confer blanket protections on all disclosures □□

1 || responses to discovery; and that the protection it affords from public disclosure and 2 || use extends only to the limited information or items that are entitled to confidential 3 || treatment under the applicable legal principles. 4/11. GOOD CAUSE STATEMENT 5 This action is likely to involve confidential information pertaining to 6 ||personnel records and other materials subject to privacy protections for which 7 || special protection from public disclosure and from use for any purpose other than 8 || prosecution of this action is warranted. Limiting disclosure of these documents to 2 9 || the context of this litigation as provided herein will, accordingly, further important 10 || law enforcement objectives and interests, including the safety of personnel and the 11 || public, as well as the privacy rights of plaintiff, the individual defendants, and third 12 || party witnesses. Such confidential materials and information consists of, among 13 || other things, materials entitled to privileges and/or protections under the following: 14||the United States Constitution, First Amendment; the California Constitution, 15 || Article I, Section 1; California Penal Code §§ 832.5, 832.7, and 832.8; California 16 || Evidence Code §$§ 1040 and 1043, et seq.; the Privacy Act of 1974, 5 U.S.C. § 552a:; 17 || Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 18 || 104-191, decisional law relating to such provisions; and information otherwise 19 || generally unavailable to the public; or which may be privileged or otherwise 20 || protected from disclosure under state or federal statutes, court rules, case decisions, 21 |;}or common law. Defendants also contend that such confidential materials and 22 || information consists of materials entitled to the Official Information Privilege. 23 Confidential information with respect to the Defendants may include but is 24 ||not be limited to: personnel files; internal investigative files and documents; email 25 ||and written correspondence records; and policies and procedures that are kept from 26 ||the public in the ordinary course of business; as well as other items subject to the 27 || Official Information Privilege and other privileges. Confidential information with 28 ||respect to the Plaintiff may include but is not be limited to: email and written

1 || correspondence records; and psychological and medical notes, evaluations, reports, 2 || and treatment plans. 3 The parties reserve the right to challenge a designation of confidentiality 4 || pursuant to the terms set forth under Paragraph 8 of this Order. 5 Accordingly, to expedite the flow of information; to facilitate the prompt 6||/resolution of disputes over confidentiality of discovery materials; to adequately || protect information the parties are entitled to keep confidential; to ensure that the 8 □□ parties are permitted to reasonably use such material in preparation for and in g 9 || conduct of trial; to address their handling at the end of the litigation; and serve the 10 || ends of justice, a protective order for such information is justified in this matter. It 11 || 1s the intent of the parties that information will not be designated as confidential for 12 || tactical reasons and that nothing be so designated without a good faith belief that it 13 || has been maintained in a confidential, non-public manner; and there is good cause 14 || why it should not be part of the public record of this case. 15||0I. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 16 SEAL 17 The parties further acknowledge, as set forth in Section 14.3, below, that this 18 || Order does not entitle them to file confidential information under seal; Local Civil 19 || Rule 79-5 sets forth the procedures that must be followed and the standards that will 20 || be applied when a party seeks permission from the court to file 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 ||Jnc., 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 ||reasons with proper evidentiary support and legal justification, must be made with

||respect to material that a party seeks to file under seal}. The parties’ mere 2 || designation of material as “CONFIDENTIAL” does not— without the submission 3||of competent evidence by declaration, establishing that the material sought to be 4|| filed under seal qualifies as confidential, privileged, or otherwise protectable— 5 constitute good cause. Further, if a party requests sealing related to dispositive 6 || motion or trial, then compelling reasons, not only good cause, for the sealing must 7 || be shown, and the relief sought shall be narrowly tailored to serve the specific 8 || interest to be protected. See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 2 9 || (9th Cir. 2010). Be 10 Any document that is not confidential, privileged, or otherwise protectable in 11 |/ its entirety will not be filed under seal if the confidential portions can be redacted. 12 || If documents can be redacted, then a redacted version for public viewing, omitting 13 || only the confidential, privileged, or otherwise protectable portions of the document, 14|/shall be filed. Any application that seeks to file documents under seal in their 15 || entirety should include an explanation of why redaction is not feasible. 16)1IV. DEFINITIONS 17 4.1 Action: Valerie Arismendez v. Deputy Velasquez, et al., Case No. 2:19- 18 || cv-08767 CJC (SSx). 19 4.2 Challenging Party: a Party or Non-Party that challenges the designation 20 || of information or items under this Order. 21 43 SCONFIDENTIAL” Information or Items: Information (regardless of 22 ||the medium or manner in which it is generated, stored, or maintained) or tangible 23 || things that qualify for protection under federal Rule of Civil Procedure 26(c), and 24 || as specified above in the Good Cause Statement. 25 4.4 Counsel: General Counsel of Record and House Counsel (as well as 26 || their support staff). 27 4.5 Designating Party: a Party or Non-Party that designated information or 28 ||items that it produces in disclosures or in responses to discovery as

1 || “CONFIDENTIAL,” 2 4.6 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 4.7. 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 4.8 House Counsel: attorneys who are employees of a party to this Action. 10 || House Counsel does not include General Counsel of Record or any other outside 11 || Counsel. 12 4.9 Non-Party: any natural person, partnership, corporation, association or 13 || other legal entity not named as a Party to this action. 14 4.10 General Counsel of Record: attorneys who are not employees of a 15 || Party to this Action but are retained to represent or advise a Party to this Action and 16 || have appeared in this Action on behalf of that party or are affiliated with a law firm 17 || that has appeared on behalf of that Party, as well as their support staff. 18 4.11 Party: any Party to this Action, including all of its officers, directors, 19 |)employees, consultants, retained experts, and General Counsel of Record (and their 20 || support staffs). 21 4.12 Producing Party: a Party or Non-Party that makes a Disclosure or 22 || produces Discovery Material in this Action. 23 4.13 Professional Vendors: persons or entities that provide litigation 24 || support 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 4.14 Protected Material: any Disclosure or Discovery Material that is 28 || designated as “CONFIDENTIAL.”

1 4.15 Producing Party: a Party that makes a Disclosure or produces 2 || Discovery Material to the Receiving Party. 3 4.15 Receiving Party: a Party that receives a Disclosure or Discovery 4 || Material from a Producing Party. 5|/V. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 □□ Protected Material (as defined above), but also (1) any information copied or 8 ||extracted from Protected Material; (2) all copies, excerpts, summaries, or 9||compilations of Protected Material; and (3) any testimony, conversations, or Be 10 || presentations by Parties or their Counsel (as defined by Sections 4.8 and 4.10) that ge 11 || might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the ea 13 || trial judge. This Order does not govern the use of Protected Material at trial. ae 14||VI. DURATION 15 The confidentiality obligations imposed by this Order shall remain in effect 16 || until Final Disposition of this case. “Final Disposition” shall be deemed to be the 17 || later of (1) dismissal of all claims and defenses in this Action, with or without 18 || prejudice; and (2) final judgment herein after the completion and exhaustion of all 19 || appeals, rehearings, remands, trials, or reviews of this Action, including the time limits for filing any motions or applications for extension of time pursuant to 21 |) applicable law. 22 || VII. DESIGNATING PROTECTED MATERIAL 23 7.1 Exercise of Restraint and Care in Designating Material for Protection. 24 || Each Party or Non-Party that designates information or items for protection under 25 || this Order must take care to limit any such designation to specific material that 26 || qualifies under the appropriate standards. The Designating Party must designate for 27 || protection only those parts of material, documents, items or oral or written 28 || communications that qualify so that other portions of the material, documents, items

1 || or communications for which protection is not warranted are not swept unjustifiably 2 || within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations 4||that are shown to be clearly unjustified or that have been made for an improper 5 || purpose (e.g., to unnecessarily encumber the case development process or to impose 6 || unnecessary expenses and burdens on other parties) may expose the Designating 7 || Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 || designated for protection do not qualify for protection, that Designating Party must Be || promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 7.2 Manner and Timing of Designations. Except as otherwise provided in 12 ||this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise 13 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection || under this Order must be clearly so designated before the material is disclosed or 15 || produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19|| proceedings), that the Producing Party affix at a minimum, the legend 20 ||““CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 contains protected material. If only a portion of the material on a page qualifies for 22 || protection, the Producing Party also must clearly identify the protected portion(s) 23 || (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 ||need not designate them for protection until after the inspecting Party has indicated 26 || which documents it would like copied and produced. During the inspection and 27 || before the designation, all of the materials made available for inspection shall be 28 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the

1 || documents it wants copied and produced, the Producing Party must determine which 2 ||documents, or portions thereof, qualify for protection under this Order. ‘Then, 3 before producing the specified documents, the Producing Party must affix the 4 ||““CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 || portion of the material on a page qualifies for protection, the Producing Party also 6 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 |[in the margins). 8 (b) for testimony given in depositions that the Designating Party identifies 2 9 ||the Disclosure or Discovery Material on the record, and before the close of the 10 || deposition all protected testimony. 11 (c) for information produced in some form other than documentary and for 12 ||any other tangible items, that the Producing Party affix in a prominent place on the 13 || exterior of the container or containers in which the information is stored the legend 14 ||“CONFIDENTIAL.” If only a portion or portions of the information warrants 15 || protection, the Producing Party, to the extent practicable, shall identify the protected 16 || portion(s). 17 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 || failure to designate qualified information or items does not, standing alone, waive 19 || the Designating Party’s right to secure protection under this Order for such material. 20 || Upon timely correction of a designation, the Receiving Party must make reasonable 21 || efforts to assure that the material is treated in accordance with the provisions of this 22 || Order. 23 || VIL. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 8.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 designation of confidentiality at any time that is consistent with the Court’s 26 || Scheduling Order. 27 8.2 Meet and Confer. The Challenging Party shall initiate the meet and 28 || confer process outlined in Local Rule 37.1, et seq.

1 8.3 The burden of persuasion, in any such challenge proceeding, shall be 2|}on the Designating Party. Frivolous challenges, and those made for an improper 3 ||purpose (e.g., to harass or impose unnecessary expenses and burdens on other || parties) may expose the Challenging Party to sanctions. Unless the Designating 5||Party has waived or withdrawn the confidentiality designation, all parties shall 6 ||continue to afford the material in question the level of protection to which it is 7\;entitled under the Producing Party’s designation until the Court rules on the 8 || challenge. 8 || IX. ACCESS TO AND USE OF PROTECTED MATERIAL 10 9.1 Basic Principles. A Receiving Party may use Protected Material that is 11 || disclosed or produced by another Party or by a Non-Party in connection with this 12 || Action only for prosecuting, defending or attempting to settle this Action. Such bu 13 || Protected Material may be disclosed only to the categories of persons and under the 14|/conditions described in this Order. When the Action has been terminated, a 15 || Receiving Party must comply with the provisions of Section VI, infra. 16 Protected Material must be stored and maintained by a Receiving Party at a 17 || location and in a secure manner that ensures that access is limited to the persons 18 || authorized under this Order. 19 9.2 Disclosure _of “CONFIDENTIAL” Information or Items. Unless 20 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 21|)/Receiving Party may disclose any information or item designated 22 || “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s General Counsel of Record in this Action, as well 24 || as employees of said General Counsel of Record to whom it is reasonably necessary 25 || to disclose the information for this Action; 26 (b) the officers, directors, and employees (including House Counsel) of the 27 || Receiving Party to whom disclosure is reasonably necessary for this Action; 28 (c) Experts (as defined in this Order) of the Receiving Party to whom

disclosure is reasonably necessary for this Action and who have signed the 2 ||“Acknowledgment and Agreement to Be Bound,” attached and hereafter referred to 3 || as “Exhibit A.” 4 (d) the court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 || Vendors to whom disclosure is reasonably necessary for this Action and who have 8 || signed Exhibit A. g 9 (g) the author or recipient of a document containing the information or a 10 || custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the sb 12 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 13 || requests that the witness sign Exhibit A; and (2) they will not be permitted to keep 14 || any confidential information unless they sign Exhibit A, unless otherwise agreed by 15 ||the Designating Party or ordered by the Court. Pages of transcribed deposition 16 || testimony or exhibits to depositions that reveal Protected Material may be separately || bound by the court reporter and may not be disclosed to anyone except as permitted 18 || under this Order; and 19 (i) any mediator or settlement officer, and their supporting personnel, 20 || mutually agreed upon by any of the parties engaged in settlement discussions. 21||X. PROTECTED MATERJAL SUBPOENAED OR ORDERED 22 PRODUCED IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation 24 ||that compels disclosure of any information or items designated in this Action as 25 || “CONFIDENTIAL,” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification 27 || shall include a copy of the subpoena or court order; 28 (b) promptly notify in writing the party who caused the subpoena or order

1|/to issue in the other litigation that some or all of the material covered by the 2 || subpoena or order is subject to this Order. Such notification shall include a copy of 3 this Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be pursued 5 || by the Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served with 7 ||the subpoena or court order shall not produce any information designated in this 8 ||action as “CONFIDENTIAL” before a determination by the Court from which the g 9 ||subpoena or order issued, unless the Party has obtained the Designating Party’s EBs 10 permission. The Designating Party shall bear the burden and expense of seeking 11 || protection in that court of its confidential material and nothing in these provisions 12 || should be construed as authorizing or encouraging a Receiving Party in this Action 13 || to disobey a lawful directive from another court. 14) XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 18 || produced by Non-Parties in connection with this litigation is protected by the 19 || remedies and relief provided by this Order. Nothing in these provisions should be 20 || construed as prohibiting a Non-Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 || produce a Non-Party’s confidential information in its possession, and the Party is 23 ||subject to an agreement with the Non-Party not to produce the Non-Party’s 24 || confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26||\that some or all of the information requested is subject to a confidentiality 27 || agreement with a Non-Party; 28 (2) promptly provide the Non-Party with a copy of this Order in this

1 || Action, the relevant discovery request(s), and a reasonably specific description of 2 || the information requested; and 3 (3) make the information requested available for inspection by the Non- 4 || Party, if requested. 5 (c) If the Non-Party fails to seek a protective order from this Court within 6 || fourteen (14) days of receiving the notice and accompanying information, the 7 |\Receiving Party may produce the Non-Party’s confidential information responsive 8 ||to the discovery request. If the Non-Party timely seeks a protective order, the 2 9 || Receiving Party shall not produce any information in its possession or control that is ge 10 || subject to the confidentiality agreement with the Non-Party before a determination 11|/by the Court. Absent a court order to the contrary, the Non-Party shall bear the 12 || burden and expense of seeking protection in this Court of its Protected Material. 13 || XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 Ifa 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 || Order, the Receiving Party must immediately (a) notify in writing the Designating 17||Party of the unauthorized disclosures; (b) use its best efforts to retrieve all 18 || unauthorized copies of the Protected Material; (c) inform the person or persons to |) whom unauthorized disclosures were made of all the terms of this Order; and (d) 20 || request such person or persons to execute Exhibit A. || XIII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 || inadvertently produced material is subject to a claim of privilege or other protection, 25 □□ □□□ obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever 27 || procedure may be established in an e-discovery order that provides for production 28 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

1||(e), insofar as the Parties reach an agreement on the effect of disclosure of a 2||communication or information covered by the attorney-client privilege or work 3 || product protection, the Parties may incorporate their agreement in a subsequent 4 || stipulation to the Court.

XIV. MISCELLANEOUS

6 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 || person to seek its modification by the Court in the future. 8 14.2 Right to Assert Other Objections. By stipulating to the entry of this 9 || Order, no Party waives any right it otherwise would have to object to disclosing or 10 || producing any information or item on any ground not addressed in this Order. 11 || Similarly, no Party waives any right to object on any ground to use in evidence of 12 || any of the material covered by this Order. 13 14.3. Filing Protected Material. A Party that seeks to file under seal any 14 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 15 || may only be filed under seal pursuant to a court order authorizing the sealing of the 16 || specific Protected Material at issue. If a Party’s request to file Protected Material 17 || under seal is denied by the Court, then the Receiving Party may file the information 18 || in the public record unless otherwise instructed by the Court. 19|/XV. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in Section VI, supra, 21 || within 60 days of a written request by the Designating Party, each Receiving Party 22 || must return all Protected Material to the Producing Party or destroy such material. 23 || As used in this subdivision, “all Protected Material” includes all copies, abstracts. 24 || compilations, summaries, and any other format reproducing or capturing any of the 25 || Protected Material. Whether the Protected Material is returned or destroyed, the 26 || Receiving Party must submit a written certification to the Producing Party (and, if 27 ||not the same person or entity, to the Designating Party) by the 60 day deadline that 28 ||(1) identifies (by category, where appropriate) all the Protected Material that was

1 |) returned or destroyed and (2) affirms that the Receiving Party has not retained any 2 ||copies, abstracts, compilations, summaries or any other format reproducing or 3 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 4|/are entitled to retain an archival copy of all pleadings, motion papers, trial, 5 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 6 || and trial exhibits, expert reports, attorney work product, and consultant and expert 7 || work product, even if such materials contain Protected Material. Any such archival 8 || copies that contain or constitute Protected Material remain subject to this Order as 2 9 || set forth in Section VI, supra. 10||XVI. VIOLATION ge 11 Any violation of this Order may be punished by appropriate measures 12 || including, without limitation, contempt proceedings and/or monetary sanctions. 13 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. a4

IS|DATED: — 12/30/19

16 17 /S/ 18 THE HONORABLE SUZANNE H. SEGAL 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under 5 || penalty of perjury that I have read in its entirety and understand the Stipulated 6 || Protective Order that was issued by the United States District Court for the Central 7 || District of California in the case of Arismendez v. Velasquez, et al. Case No. 2:19- 8 || cv-08767-CJC (SSx). I agree to comply with and to be bound by all the terms of 9 || this Stipulated Protective Order and I understand and acknowledge that failure to so 10 || comply could expose me to sanctions and punishment in the nature of contempt. I 11 || solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 |icompliance with the provisions of this Order. I further agree to submit to the 14 || jurisdiction of the United States District Court for the Central District of California 15 || for enforcing the terms of this Stipulated Protective Order, even if such enforcement 16 || proceedings occur after termination of this action. 17 18 || Date: 19 20 || City and State where sworn and signed: 21 22 |) Printed name: 23 24 || Signature: 25 26 27 28