l 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 WESTERN DIVISION (LOS ANGELES) 9 10 || OCEAN S., et al., Case No. 2:23-cv-06921-JAK-E 11 Plaintiffs, FIRST ADDENDUM TO 1D vs. STIEUPATED PROTECTIVE

13 || LOS ANGELES COUNTY, et al., 14 Defendants. Before: Magistrate Judge Charles F. 1 ; Eick

16 NOTE CHANGES MADE BY THE COURT 17 18 19 20 21 22 23 24 25 26 27 28

1|I. INCORPORATION BY REFERENCE 2 1.0 The Stipulated Protective Order (Protective Order) entered on December 3 || 22, 2023, (ECF Dkt. # 65) is incorporated herein by reference. All terms in this First 4 || Addendum have the same definitions as those provided in the Protective Order. 5|II. DEFINITIONS 6 2.0 Plaintiffs’ Case Files: The following records pertaining to the named 7 || Plaintiffs: 8 a) All documents and information contained in DCFS or DMH’s files for each 9 named Plaintiffs dependency case. 10 b) All documents and information contained in DCFS or DMH’s files pertaining 11 to referrals regarding each named Plaintiff, or services, case plans, or 12 placements provided to each named Plaintiff, to the extent not already 13 covered by section (a). 14 c) All documents and information within the scope of “juvenile case file” as set 15 forth in Cal. Welfare and Institutions Code section 827(e) and/or Cal. Rule of 16 Court 5.552 that are in the possession, custody, or control of any Party; and 17 d) All documents and information containing information related to each named 18 Plaintiff's Juvenile Case File, as described in subdivision (a)(4 ) of Cal. 19 Welfare and Institutions Code section 827, that are in the possession, custody, 20 or control of CDSS. 21 2.1 Plaintiffs’ Case Files shall be included in the definition of “Confidential 22 || Information.” 23 IH. GOOD CAUSE STATEMENT 24 3.0 There is good cause for this Order. In addition to the reasons stated in 25 ||the Protective Order, there is good cause for the First Addendum because the 26 || Plaintiffs’ Case Files in this case likely will also include Confidential Information of 27 || third parties, and other categories of Confidential Information as set out in Section V. 28

1 3.1 The Parties agree that disclosure of the Confidential Information covered 2 || by this addendum requires the parties to either seek relief before the relevant juvenile 3 |)court, in compliance with applicable statutes, including, but not limited to, Cal. 4 || Welfare and Institutions Code Section 827, or seek an order from this Court. 5 3.2 The Parties also agree that, absent this First Addendum to the Protective 6 || Order, the Confidential Information covered by this addendum would be restricted 7 || from dissemination pursuant to Cal. Welfare and Institutions Code section 827(a)(4). 8 3.3. Federal district courts have the power to order disclosure of juvenile case 9 || files, as defined by California Rule of Court Rule 5.552 and Cal. Welfare and 10 || Institutions Code section 827(e), notwithstanding State confidentiality laws. Gonzalez 11 Spencer, 336 F.3d 832, 835 (9th Cir. 2003). Although federal courts have found 12 |j that Cal. Welfare & Institutions Code section 827 is not binding in federal lawsuits, 13 fedora courts skesalek still weigh the needs of the case against the State’s interest in 14 ||non-disclosure. Estate of Maldonado v. Sec’y of the Cal. Dep’t of Corr. & Rehab., 15 || No. 2:06CV02696-MCE/GGH, 2007 WL 4249811, at *5-7 (E.D. Cal. Nov. 30, 2007); 16 || Van Horn v Hornbeak, No. 1:08CV1622 LJO DLB, 2010 WL 1027508, at *4-6 (E.D. 17 || Cal. Mar. 18, 2010); Doe No. 59 v. Santa Rosa City Sch., No. 3:16-CV-012560WHO, 18 || 2017 WL 11837754, at *1-1 (N.D. Cal. Mar. 1, 2017). 19 3.3. Federal district courts also have the power to authorize disclosure of 20 | HIPAA- and FERPA-protected material in discovery proceedings, without a 21 || patient’s consent in response to a court order, or in discovery where a qualifying 22 || protective order is in place. See 45 C.F.R. §§ 164.512(e)(1)G); (e)(1)G1)(B); 23 || (e)(1)(v), see also Briggs v. Adel, No. CV-18-02684-PHX-EJM, 2020 WL 4003123, 24 || at *12 (D. Ariz. July 15, 2020); Garey v. Anderson, No. 2:22-CV-0069-TOR, 2022 25 || WL 17327846, ate EDL Wash, Nov. pe. 022), 26 3.4 \\Plaintifis Case Files, and other Confidential Information in the 27 || possession of the Parties and/or interested non-parties contain sensitive and 28 || Confidential Information regarding Plaintiffs that is significantly relevant to the

the farvies Mee CefeserT Tr: instant sction Botaining these records via State procedures may result in delays, 2 || and the unnecessary expenditure of judicial resources. See Dadisman v. Cnty. of Los 3 || Angeles, 2019 WL 8645759, at *2 (C.D. Cal. Oct. 28, 2019) (granting protective 4 || order obviating the need to comply with Cal. Welfare & Institutions Code section 5 || 827). 6 3.5 While portions of Plaintiffs’ juvenile case files are accessible to 7 || Plaintiffs upon their own request, County Defendants have agreed to produce 8 || Plaintiffs’ Case Files in their possession, for the sake of judicial economy, and in 9 || light of the protections provided by this First Addendum. 10 phe 3.6; in grder to avoid further delay and preserve judicial resources, and wath 11 □□□ good faith belief that the records satisfy the tests in Maldonado and Doe No. 59, 12 || supra, the parties hereby stipulate to and the Court orders the production of 13 || Confidential Information, including but not limited to, named Plaintiffs’ Case Files 14 || that are within the Parties’ possession, custody, or control, and that are within the 15 || scope of the objections and responses to requests for production served in this case. 16 IV. PLAINTIFFS’ CASE FILES 17 4.0 The Parties hereby stipulate to and the Court orders the production of 18 || Confidential Information covered by this addendum, including but not limited to, (a) 19 || named Plaintiffs’ Case Files that are within the Parties’ possession, custody, or 20 || control, and (b) documents containing information related to the named Plaintiffs’ 21 || Case Files, that are in the Parties’ possession, custody, or control, and that are within 22 || the scope of the objections and responses to requests for production served in this 23 || case. The Court further orders that, notwithstanding Cal. Welfare and Institutions 24 || Code section 827(a)(4), the Parties may use and disclose named Plaintiffs’ Case 25 || Files for purposes of this litigation consistent with Paragraph 8.2 of the Protective 26 || Order and this Addendum. 27 4.1 For avoidance of doubt, pursuant to this Order, the Parties will not 28 || withhold information pertaining to the named Plaintiffs themselves from Plaintiffs’

1 || Case Files, or from documents containing information related to the named 2 || Plaintiffs’ Case Files , that are in the Parties’ possession, custody, or control, subject 3 || to the limitations in Section V., on the basis of Cal. Welfare & Institutions Code 4 section 827, California Rule of Court 5.552, HIPAA, FERPA, or the Comprehensive 5 || Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 6 || 1970. 7 4.2 Plaintiffs’ Case Files shall be produced pursuant to the protections 8 || established in this Protective Order and First Addendum, except that the following 9 || additional procedures and protections shall apply: Materials falling within the 10 || definition of Plaintiffs’ Case Files shall be marked: “PLAINTIFF’S CASE FILE” 11 |/rather than “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.” If a Party 12 aware that a document falls within the definition of Plaintiffs’ Case Files, the 13 || Party shall treat that document as if it were marked, “PLAINTIFF’S CASE FILE,” 14 || notwithstanding the markings on the document. Plaintiffs’ Case File materials may 15 || be disclosed as set forth in Part IX of the Protective Order, except that: 16 4.3. Named Plaintiffs shall only have access to their own Plaintiff’s Case 17 || File materials and not the Plaintiff’s Case File materials of any other Named 18 || Plaintiff. 19 4.4 Plaintiffs’ counsel represents that Plaintiffs have been given notice of 20 || the production of their Confidential Information covered by this addendum and the 21 || Protective Order and all Plaintiffs consent to it, including but not limited to any 22 || Confidential Information subject to Cal. Welfare & Institutions Code section 827, 23 || California Rule of Court 5.552, the California Information Practices Act, HIPAA, 24 || FERPA, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, 25 || Treatment and Rehabilitation Act of 1970. 26 4.5 In light of the foregoing, the parties agree that the Named Plaintiffs’ 27 || identifying information in Plaintiff's Case File materials need not be redacted prior 28 || to production.

1 4.6 In order to further reduce the burden on the Producing Party, the Parties 2 || may, but are not obligated to, stipulate that sensitive information within Plaintiffs’ 3 || Case File materials shall be viewed only by persons listed in paragraphs 8.2(a), (c)- 41/(e) and (h) of the Protective Order. The Receiving Party shall redact any such 5 || information prior to sharing the document with persons listed in paragraphs 8.2(b), 6 || (£)-(g), or (i). 7 4.7 Plaintiffs’ Case File materials may be filed under seal pursuant to Part 8 | IX of the Stipulated Protective Order. 9||V. ISSUES UNAFFECTED BY THIS ADDENDUM 10 5.0 This Order does not waive any Party’s right, in responding to requests 11 || for production calling for Plaintiffs’ Case File Materials, to withhold or redact for 12 ||reasons of third party confidentiality or any other reason, including but not limited 13 || to the following: 14 a) Identifying information of third parties, including but not limited to 15 family members of named Plaintiffs, minors and/or dependents other 16 than named Plaintiffs, and individuals who have lived/resided with 17 named Plaintiffs; 18 b) Identifying information of individuals who have reported suspected 19 child abuse or neglect; 20 c) Confidential Information regarding individuals other than named 21 Plaintiffs such as medical, mental health, and substance abuse 22 information, DCFS case histories, and referrals; 23 d) Live Scan/CLETS reports relating to individuals other than named 24 Plaintiffs; 25 e) Law enforcement reports marked “Confidential;” 26 f) Adoption records, including home studies; 27 g) Open, ongoing investigations; 28 h) Confidential placements or addresses of child or parent; and

1 i) Resource Family Approval Information and associated reports 2 5.1 This Order also does not waive any Party’s right to dispute that such 3 redactions are necessary or appropriate. The Parties agree to meet and confer in 4 || good faith regarding any such proposed redactions and agree that disputes, if any, 5 || will be resolved in the ordinary course pursuant to Local Rule 37. 6 5.2. The First Addendum is limited to named Plaintiffs’ Case Files; the 7 || Protective Order and First Addendum may be subject to further revision by 8 || additional addenda. 9 5.3 Determinations of confidentiality and privilege are separate, and 10 || nothing in the First Addendum constitutes a waiver of attorney-client privilege, 11 || attorney work product, or any privilege recognized under state or federal law. 12 5.4 Documents and information pertaining to each named Plaintiff not 13 || identified in Section 2.0(a)-(c) supra shall not be treated as Plaintiffs’ Case Files 14 || under this First Addendum, but may be designated Confidential Information 15 || pursuant to the Stipulated Protective Order (ECF Dkt. # 65). 16|| VI. ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 17 6.0 Any person who signed Exhibit A to the Protective Order need not re- 18 || sign it in light of this addendum. 19 20 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 221) Dated: May 31, 2024 By: /s/ Grant A. Davis-Denny 23 Grant A. Davis-Denny grant.davis-denny@mto.com 24 MUNGER, TOLLES & OLSON LLP 25 350 South Grand Avenue, Fiftieth Floor Los Angeles, California 90071-3426 Telephone: (213) 683-9100 27 Facsimile: (213) 687-3702 28 Attorney for Plaintiffs

1 || Dated: May 31, 2024 By: /s/ Farbod S. Moridani Farbod S. Moridani (SBN 251893) fmoridani@millerbarondess.com 3 Miller Barondess, LLP 4 2121 Avenue of the Stars, Suite 2600 Los Angeles, California 90067 5 Telephone: (310) 552-4400 6 Facsimile: (310) 552-8400 Attorney for County Defendants 7 g Dated: May 31, 2024 By: /s/ Andrew Z. Edelstein Andrew Z. Edelstein 9 andrew.edelstein@do}.ca.gov 10 California Department of Justice 300 S Spring St, Ste 1702 11 Los Angeles, CA 90013-1256 Deputy Attorney 12 General Attorney for State Defendants 13 Pursuant to Local Rule 5- By: /s/ Grant A. Davis-Denny 14|| 4.3.4(a)(2)(i), I certify that allof | Grant A. Davis-Denny 15 the above signatories concur in grant.davis-denny@mto.com this filing’s content and have MUNGER, TOLLES & OLSON LLP || authorized the filing. 350 South Grand Avenue, Fiftieth Floor Los 7 Angeles, California 90071-3426 Telephone: (213) 683-9100 18 Facsimile: (213) 687-3702 19 Attorney for Plaintiffs 209 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22||DATED: DuyEe 2 Z202yY isi Chartes-F-Erck BAEZ 73 United States Magistrate Judge Charles F. Eick 24 25 26 27 28

EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I , am aware of the litigation in Ocean S. □ 4 || al. v. Los Angeles County, et al., No. 2:23-cv-06921-JAK-E (C.D. Cal.) im the capacit: 5 || of . I do solemnly swear or aver that I am full 6 || familiar with the terms of the Stipulated Protective Order (“Protective Order”) in th 7 || above referenced matter and hereby agree to comply with and be bound by its term 8 ||and conditions unless and until it is modified by further Order of the United State: 9 || District Court for the Central District of California (“Court”). I understand that any 10 || Protected Material disclosed to me in that capacity, including the names of th 11 plaintiffs and putative class members, shall not be disclosed, disseminated, o: 12 || distributed to any person who is not authorized to receive it in accordance with the 13 || Protective Order. I understand that nothing in the Protective Order shall limit or it 14 way restrict me from discussing the cases of individuals whose Confidentia 15 Information is protected by this Order in order to carry out my legitimate jot 16 ||functions. I understand that nothing in the Protective Order shall restrict me fror 17 performing statutorily authorized functions as they pertain to such individuals, and | 18|/will not be held liable for executing such authority in the ordinary course 19 || notwithstanding the Protective Order. For these reasons, I specifically acknowledge 20 ||consent and agree to the disclosure requirements, limits and restrictions of the 21 || Protective Order and hereby consent to the jurisdiction of the Court for purposes ot 22 || enforcing this Order, even if such enforcement proceedings occur after termination □□ 23 || this Action. 24 ||Executed this _ day of by 25 (Print Name) 26 27 || Signed 28