1 CHRISTOPHER V. MARKARIAN, Bar No. 289404 In Pro Per 2 MLG@markarianlg.com 31555 Avenue E 3 Yucaipa, CA 92399 Tel.: (626) 401-0500 4 Fax: (626) 401-1200

5 Plaintiff in Pro Per

6 DANIEL S. ROBERTS, Bar No. 205535 droberts@colehuber.com 7 JEREMIAH D. JOHNSON, Bar No. 293200 jjohnson@colehuber.com 8 COLE HUBER LLP 2855 E. Guasti Road, Suite 402 9 Ontario, California 91761 Telephone: (909) 230-4209 10 Facsimile: (909) 937-2034

11 Attorneys for Defendants City of Yucaipa, San Bernardino County, San Bernardino 12 County Sheriff’s Department, and Austin Bremer 13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

15

16 CHRISTOPHER V. MARKARIAN, an Case No. 5:24-cv-01098-FWS-SSC 17 individual,

STIPULATED PROTECTIVE

18 Plaintiff, ORDER1

19 v. Judge: Hon. Hon. Stephanie S. 20 CITY OF YUCAIPA; COUNTY OF Christensen

SAN BERNARDINO; COUNTY OF

21 SAN BERNARDINO SHERIFF’S

DEPARTMENT; AUSTIN BREMER,

22 an individual; and DOES 1 through 100, inclusive, 23 Defendants. 24

25 26

27 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Stephanie S. Christensen’s 1 Plaintiff Christopher V. Markarian, Plaintiff pro se, and Defendants City of 2 Yucaipa, San Bernardino County, San Bernardino County Sheriff’s Department, and 3 Austin Bremer through their undersigned counsel of record, hereby stipulate to and 4 jointly request the Court enter a Protective Order in this matter on the terms 5 specified below. The terms of this Order are based predominantly on the Court's 6 example Protective Order on its Procedures and Schedules page, with modifications 7 to address the particular needs and circumstances of this case. For the convenience 8 of the Court, the modifications from the Court's example are highlighted below in 9 yellow. A "clean" copy of the proposed Order, without those highlights, will be 10 lodged with the Court in Word format via email for the Court's signature. 11 SO STIPULATED. 12 Dated: September 18, 2024

13 By: /S/ Christopher V. Markarian 14 Christopher V. Markarian, Esq. In Propia Perons 15

16 Dated: September 20, 2024 COLE HUBER LLP

17

18 By: */s/ Daniel S. Roberts 19 Daniel S. Roberts Jeremiah D. Johnson 20 Attorneys for Defendants City of Yucaipa, 21 San Bernardino County, San Bernardino County Sheriff’s Department, and Austin 22 Bremer 23

24 * Pursuant to Local Rule 5-4.3.4(a)(2)(i), the filer of this Stipulation attests that all 25 other signatories listed, and on whose behalf the filing is submitted, concur in the 26 filing’s content and have authorized the filing. 27 1 1. INTRODUCTION 2 1.1 Purposes and Limitations. Discovery in this action is likely to involve 3 production of confidential, proprietary, or private information – including 4 confidential personnel records of peace officers – for which special protection from 5 public disclosure and from use for any purpose other than prosecuting this litigation 6 may be warranted. Accordingly, the parties hereby stipulate to and petition the 7 court to enter the following Stipulated Protective Order. The parties acknowledge 8 that this 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 that nothing 12 in this Order shall preclude either party from asserting that a document or piece of 13 information is of such a confidential or private nature that it should not be produced 14 or that it should be produced in redacted form, or from seeking a separate protective 15 order to preclude the production of certain documents or pieces of information. 16 1.2 Good Cause Statement. 17 This action is likely to involve confidential information, including 18 personnel records of the Defendant peace officers, for which special protection from 19 public disclosure and from use for any purpose other than prosecution of this action 20 is warranted. Such confidential information is otherwise generally unavailable to 21 the public or may be privileged or otherwise protected from disclosure under state or 22 federal statutes, court rules, case decisions, or common law. Accordingly, to 23 expedite the flow of information, to facilitate the prompt resolution of disputes over 24 confidentiality of discovery materials, to adequately protect information the parties 25 are entitled to keep confidential, to ensure that the parties are permitted reasonable 26 necessary uses of such material in preparation for and in the conduct of trial, to 27 address their handling at the end of the litigation, and serve the ends of justice, a 1 parties that information will not be designated as confidential for tactical reasons 2 and that nothing be so designated without a good faith belief that it has been 3 maintained in a confidential, non-public manner, and there is good cause why it 4 should not be part of the public record of this case. 5 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties 6 further acknowledge, as set forth in Section 12.3, below, that this Stipulated 7 Protective Order does not entitle them to file confidential information under seal; 8 Local Rule 79-5 sets forth the procedures that must be followed and the standards 9 that will be applied when a party seeks permission from the court to file material 10 under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 proceedings and records in civil cases. In connection with non-dispositive motions, 13 good cause must be shown to support a filing under seal. See Kamakana v. City and 14 Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of 15 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon 16 v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 17 protective orders require good cause showing), and a specific showing of good 18 cause or compelling reasons with proper evidentiary support and legal justification, 19 must be made with respect to Protected Material that a party seeks to file under seal. 20 The parties’ mere designation of Disclosure or Discovery Material as 21 CONFIDENTIAL does not—without the submission of competent evidence by 22 declaration, establishing that the material sought to be filed under seal qualifies as 23 confidential, privileged, or otherwise protectable—constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, then 25 compelling reasons, not only good cause, for the sealing must be shown, and the 26 relief sought shall be narrowly tailored to serve the specific interest to be protected. 27 See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each 1 under seal in connection with a dispositive motion or trial, the party seeking 2 protection must articulate compelling reasons, supported by specific facts and legal 3 justification, for the requested sealing order. Again, competent evidence supporting 4 the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 its entirety will not be filed under seal if the confidential portions can be redacted. 7 If documents can be redacted, then a redacted version for public viewing, omitting 8 only the confidential, privileged, or otherwise protectable portions of the document, 9 shall be filed. Any application that seeks to file documents under seal in their 10 entirety should include an explanation of why redaction is not feasible. 11 12 2. DEFINITIONS 13 2.1 Action: The above-captioned federal lawsuit. 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation 15 of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified 19 above in the Good Cause Statement. 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 21 their support staff). 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses 5 in this Action, with or without prejudice; and (2) final judgment herein after the 6 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 7 this Action, including the time limits for filing any motions or applications for 8 extension of time pursuant to applicable law. 9 2.9 In-House Counsel: attorneys who are employees of a party to this 10 Action. In-House Counsel does not include Outside Counsel of Record or any other 11 outside counsel. 12 2.10 Non-Party: any natural person, partnership, corporation, association, or 13 other legal entity not named as a Party to this action. 14 2.11 Outside Counsel of Record: attorneys who are not employees of a party 15 to this Action but are retained to represent or advise a party to this Action and have 16 appeared in this Action on behalf of that party or are affiliated with a law firm which 17 has appeared on behalf of that party, and includes support staff. 18 2.12 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 2.14 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 2.15 Protected Material: any Disclosure or Discovery Material that is 1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of the 11 trial judge. This Stipulated Protective Order does not govern the use of Protected 12 Material at trial. 13 14 4. TRIAL AND DURATION 15 The terms of this Stipulated Protective Order apply through Final Disposition 16 of the Action. 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and 19 used or introduced as an exhibit at trial becomes public and will be presumptively 20 available to all members of the public, including the press, unless compelling 21 reasons supported by specific factual findings to proceed otherwise are made to the 22 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 23 (distinguishing “good cause” showing for sealing documents produced in discovery 24 from “compelling reasons” standard when merits-related documents are part of court 25 record). Accordingly, for such materials, the terms of this Stipulated Protective 26 Order do not extend beyond the commencement of the trial. 27 1 Even after Final Disposition of this litigation, the confidentiality obligations 2 imposed by this Stipulated Protective Order shall remain in effect until a 3 Designating Party agrees otherwise in writing or a court order otherwise directs. 4 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 8 this Order must take care to limit any such designation to specific material that 9 qualifies under the appropriate standards. The Designating Party must designate for 10 protection only those parts of material, documents, items, or oral or written 11 communications that qualify so that other portions of the material, documents, 12 items, or communications for which protection is not warranted are not swept 13 unjustifiably within the ambit of 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 Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) 24 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that 25 qualifies for protection under this Stipulated Protective Order must be clearly so 26 designated before the material is disclosed or produced. 27 1 Designation in conformity with this Stipulated Protective Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, 3 but excluding transcripts of depositions or other pretrial or trial proceedings), that 4 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” to each 5 page that contains protected material. If only a portion or portions of the material on 6 a page qualifies for protection, the Producing Party also must clearly identify the 7 protected portion(s) (e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed CONFIDENTIAL. After the inspecting Party has identified the documents 13 it wants copied and produced, the Producing Party must determine which 14 documents, or portions thereof, qualify for protection under this Stipulated 15 Protective Order. Then, before producing the specified documents, the Producing 16 Party must affix the “CONFIDENTIAL” legend to each page that contains Protected 17 Material. If only a portion or portions of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected portion(s) 19 (e.g., by making appropriate markings in the margins). 20 (b) for testimony given in depositions that the Designating Party identify 21 the Disclosure or Discovery Material on the record, before the close of the 22 deposition, all protected testimony that qualifies as “CONFIDENTIAL.” When it is 23 impractical to identify separately each portion of testimony that is entitled to 24 protection, and when it appears that substantial portions of the testimony may 25 qualify for protection, the Party or non-party that sponsors, offers, or gives the 26 testimony may invoke on the record (before the deposition or proceeding is 27 concluded) a right to have up to 20 days after the transcript is certified by the 1 sought and to specify the level of protection being asserted (“CONFIDENTIAL”). 2 Only those portions of the testimony that are appropriately designated for protection 3 within the 20 days shall be covered by the provisions of this Order. 4 Transcript pages containing Protected Material must be separately bound by 5 the court reporter, who must affix to the top of each such page the legend 6 “CONFIDENTIAL,” as instructed by the Party or non-party offering or sponsoring 7 the witness or presenting the testimony. 8 (c) for information produced in some form other than documentary and for 9 any other tangible items, that the Producing Party affix in a prominent place on the 10 exterior of the container or containers in which the information is stored the 11 “CONFIDENTIAL” legend. If only a portion or portions of the information 12 warrants protection, the Producing Party, to the extent practicable, shall identify the 13 protected portion(s). If such materials are produced only in electronic form (e.g., 14 via file transfer protocol or produced on the same physical drive with other non- 15 Protected Materials), to the extent possible the “CONFIDENTIAL” legend shall be 16 included in the file or folder name of the Protected Material. 17 5.3 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 Stipulated Protective Order. 23 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the court’s 27 Scheduling Order. 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge 3 Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”2 4 6.3 The burden of persuasion in any such challenge proceeding shall be on 5 the Designating Party. Frivolous challenges, and those made for an improper 6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 7 parties) may expose the Challenging Party to sanctions. Unless the Designating 8 Party has waived or withdrawn the confidentiality designation, all parties shall 9 continue to afford the material in question the level of protection to which it is 10 entitled under the Producing Party’s designation until the court rules on the 11 challenge. 12 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. A Receiving Party may use Protected Material that is 15 disclosed or produced by another Party or by a Non-Party in connection with this 16 Action only for prosecuting, defending, or attempting to settle this Action. Such 17 Protected Material may be disclosed only to the categories of persons and under the 18 conditions described in this Order. When the Action reaches a Final Disposition, a 19 Receiving Party must comply with the provisions of section 13 below. 20 Protected Material must be stored and maintained by a Receiving Party at a 21 location and in a secure manner that ensures that access is limited to the persons 22 authorized under this Stipulated Protective Order. 23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 24 otherwise ordered by the court or permitted in writing by the Designating Party, a 25 Receiving Party may disclose any information or item designated 26 “CONFIDENTIAL” only: 27 2 Judge Christensen’s Procedures are available at 1 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as 2 well as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; 4 (b) to the officers, directors, and employees (including House Counsel) of 5 the Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) to Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) to the court and its personnel; 10 (e) to court reporters and their staff; 11 (f) to professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) to the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, to witnesses, and attorneys for witnesses, in 17 the Action to whom disclosure is reasonably necessary, provided: (1) the deposing 18 party requests that the witness sign the “Acknowledgment and Agreement to Be 19 Bound” (Exhibit A); and (2) the witness will not be permitted to keep any 20 confidential information unless they sign the “Acknowledgment and Agreement to 21 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 22 by the court. Pages of transcribed deposition testimony or exhibits to depositions 23 that reveal Protected Material may be separately bound by the court reporter and 24 may not be disclosed to anyone except as permitted under this Stipulated Protective 25 Order; and 26 (i) to any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions. 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order in relation to the 15 subpoena or order issued in other litigation, the Party served with the subpoena or 16 court order shall not produce any information designated in this action as 17 “CONFIDENTIAL” before a determination by the court from which the subpoena 18 or order issued, unless the Party has obtained the Designating Party’s permission. 19 The Designating Party shall bear the burden and expense of seeking protection in 20 that court of its confidential material and nothing in these provisions should be 21 construed as authorizing or encouraging a Receiving Party in this Action to disobey 22 a lawful directive from another court. 23 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 PRODUCED IN THIS LITIGATION 26 9.1 Application. The terms of this Stipulated Protective Order are 27 applicable to information produced by a Non-Party in this Action and designated as 1 this litigation is protected by the remedies and relief provided by this Order. 2 Nothing in these provisions should be construed as prohibiting a Non-Party from 3 seeking additional protections. 4 9.2 Notification. In the event that a Party is required, by a valid discovery 5 request, to produce a Non-Party’s confidential information in its possession, and the 6 Party is subject to an agreement with the Non-Party or other provision of law not to 7 produce the Non-Party’s confidential information, then the Party shall: 8 (a) promptly notify in writing the Requesting Party and the Non-Party that 9 some or all of the information requested is subject to a confidentiality agreement 10 with a Non-Party or otherwise subject to legal protection; 11 (b) make the information requested available for inspection by the Non- 12 Party, if requested. 13 9.3 Conditions of Production. If the Non-Party fails to seek a protective 14 order from this court within 14 days of receiving the notice and accompanying 15 information, the Receiving Party may produce the Non-Party’s confidential 16 information responsive to the discovery request. If the Non-Party timely seeks a 17 protective order, the Receiving Party shall not produce any information in its 18 possession or control that is subject to the confidentiality agreement with the Non- 19 Party before a determination by the court. Absent a court order to the contrary, the 20 Non-Party shall bear the burden and expense of seeking protection in this court of its 21 Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 24 MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 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” (Exhibit A). 5 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 7 OTHERWISE PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other protection, 10 the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B) of the 11 Federal Rules of Civil Procedure. This provision is not intended to modify whatever 12 procedure may be established in an e-discovery order that provides for production 13 without prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal 14 Rules of Evidence, insofar as the parties reach an agreement on the effect of 15 disclosure of a communication or information covered by the attorney-client 16 privilege or work product protection, the parties may incorporate their agreement in 17 the stipulated protective order submitted to the court. 18 19 12. MISCELLANEOUS 20 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 21 abridges the right of any person to seek its modification by the court in the future. 22 12.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Stipulated Protective Order no Party waives any right it otherwise would have to 24 object to disclosing or producing any information or item on any ground not 25 addressed in this Stipulated Protective Order. Similarly, no Party waives any right 26 to object on any ground to use in evidence of any of the material covered by this 27 Stipulated Protective Order. 1 12.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Local Rule 79-5. Protected Material may only 3 be filed under seal pursuant to a court order authorizing the sealing of the specific 4 Protected Material at issue. If a Party's request to file Protected Material under seal 5 is denied by the court, then the Receiving Party may file the information in the 6 public record unless otherwise instructed by the court. 7 8 13. FINAL DISPOSITION 9 After the Final Disposition of this Action, as defined in paragraph 4, within 10 60 days of a written request by the Designating Party, each Receiving Party must 11 return all Protected Material to the Producing Party or destroy such material. As 12 used in this subdivision, “all Protected Material” includes all copies, abstracts, 13 compilations, summaries, and any other format reproducing or capturing any of the 14 Protected Material. Whether the Protected Material is returned or destroyed, the 15 Receiving Party must submit a written certification to the Producing Party (and, if 16 not the same person or entity, to the Designating Party) by the 60 day deadline that 17 (1) identifies (by category, where appropriate) all the Protected Material that was 18 returned or destroyed and (2) affirms that the Receiving Party has not retained any 19 copies, abstracts, compilations, summaries or any other format reproducing or 20 capturing any of the Protected Material. Notwithstanding this provision, Counsel is 21 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 22 and hearing transcripts, legal memoranda, correspondence, deposition and trial 23 exhibits, expert reports, attorney work product, and consultant and expert work 24 product, even if such materials contain Protected Material. Any such archival 25 copies that contain or constitute Protected Material remain subject to this Protective 26 Order as set forth in Section 4. 27 1 14. VIOLATION 2 Any violation of this Stipulated Protective Order may be punished by any and 3 || all appropriate measures including, without limitation, contempt proceedings and/or 4 || monetary sanctions. 5 IT IS SO STIPULATED. 6 || Dated: September 18, 2024 7 By: /s/ Christopher V. Markarian 8 Christopher V. Markarian, Esq. 9 In Propia Perons 10 || Dated: September 20, 2024 COLE HUBER LLP 11 12 By: */s/ Daniel S. Roberts Daniel S. Roberts Jeremiah D. Johnson 5 14 Attorneys for Defendants City of Yucaipa, =z 15 San Bernardino County, San Bernardino < 5 County Sheriff's Department, and Austin 16 Bremer 86 17 * Pursuant to Local Rule 5-4.3.4(a)(2)(1), the filer of this Stipulation attests 18 || that all other signatories listed, and on whose behalf the filing is submitted, concur 19 || in the filing’s content and have authorized the filing. 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 92 Dated: September 23, 2024

LZ—

24 — AA 25 Hon. Stephanie S. Christensen United States Magistrate Judge 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, ________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Christopher V. Markarian v. City of Yucaipa, et al., Case 9 No. 5:24-cv-01098-FWS-SSC. I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 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 ________________________ [print or 19 type full name] of _________ [print or type full address and telephone number] as 20 my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: ___________________________ 24 City and State where sworn and signed: ___________________________ 25 Printed name: ___________________________ 26 Signature: ___________________________ 27