1|ipoRTER | ScoTT 2 |] APROFESSIONAL CORPORATION William E. Camy, SBN 291397 3 || Jennifer L. Thompson, SBN 337107 2180 Harvard Street, Suite 500 4 Sacramento, CA 95815 5 TEL: 916.929.1481

FAX: 916.927.3706

6 wcamy @ porterscott.com jthompson @ porterscott.com 7 Attorneys for Defendants 8 Exempt from filing fee pursuant to Government Code section 6103 9 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 i DARRYL JACKSON, an individual, Case No.: 2:24-cv-01219-JDP 12 Plaintiff, STIPULATION FOR PROTECTIVE ORDER A fPROPOSED} ORDER 13 14 CITY OF STOCKTON, a municipal corporation; 15 || ANTHONY PERRY, individually and in his official capacity as an officer for the Stockton 16 || Police Department; and DOES 1-50, inclusive, individually, jointly, and severally, 18 Defendants. / Complaint Filed: 04/29/24 19 20 Plaintiff DARRYL JACKSON (‘Plaintiff’), Defendant ANTHONY PERRY (“Defendant”), and 21 || Third Party CITY OF STOCKTON, by and through their respective counsel, hereby stipulate and in good 22 || faith believe that documents potentially within the scope of discovery for the instant matter, including but 23 || not limited to the documents identified below that have been or will be requested by Plaintiff, are subject 24 || to protection pursuant to Fed. R. Civ. P. 26(c). The terms of this protective order shall apply to the items 25 || listed below and any future production of confidential documents that Defendant may designate in good 26 || faith to be confidential. 27 STIPULATION AND PROTECTIVE ORDER 28 Defendant takes the position that certain materials, including but not limited to City of Stockton internal affairs records, are confidential and/or implicate privacy rights, and are thus subject to protection 4876-6093-1146, v. 1

STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER

1 pursuant to Fed. R. Civ. P. 26(c). Therefore, the parties jointly request a protective order be entered in this 2 case to protect the above referenced confidential records. 3 A. DEFINITIONS 4 The following definitions shall apply to this Protective Order: 5 1. The “Action” shall mean and refer to the above-captioned matter and to all actions now or later 6 consolidated with the Action, and any appeal from the Action and from any other action 7 consolidated at any time under the above-captioned matter, through final judgment. 8 2. “Documents” or “Confidential Documents” shall mean the Documents that Defendant or 9 Plaintiff designates as “Confidential” in the manner set forth in this Protective Order. 10 3. “Confidential” shall mean information designated “Confidential” pursuant to this Protective 11 Order. Information designated “Confidential” shall be information that is determined in good 12 faith by the attorneys representing the Designating Party to be subject to protection pursuant 13 to Fed. R. Civ. P. 26(c). Confidential Documents, material, and/or information shall be used 14 solely for purposes of litigation. Confidential Information shall not be used by the non- 15 Designating Party for any business or other purpose, unless agreed to in writing by all Parties 16 to this action or as authorized by further order of the Court. 17 4. “Defendant” shall mean any person designated as a Defendant in Plaintiff’s operative 18 complaint, including Anthony Perry. 19 5. “Discovery Material” shall refer to all items or information that are produced or generated in 20 disclosures or responses to discovery in this Action, regardless of the medium or way it was 21 stored, generated, or maintained. 22 6. “Document” shall have the same meaning as provided in Rule 34 of the Federal Rules of Civil 23 Procedure, and shall include, without limitation, all original, written, recorded, electronic, 24 visual, audio or graphic materials, including all photographic, video or audio recordings, 25 drawings or other physical renderings and all copies, duplicates or abstracts thereof including, 26 but not limited to, notes on documents including information contained therein or derived 27 therefrom. 28 7. “Information” shall include Documents as described above as well as recordings (including associated metadata) whether on paper, film or other media, as discrete files stored 1 electronically, optically, or magnetically, or as a record within a database, archive, or container 2 file, including emails, messages, word processed documents, digital presentations, 3 spreadsheets, and database content and the content contained therein. 4 8. “Plaintiff” shall mean DARRYL JACKSON. 5 9. “Parties” shall mean Plaintiff, Defendant, and Third Party, for purposes of this Protective 6 Order. 7 10. “Third Party” shall mean CITY OF STOCKTON 8 B. TERMS OF THE PROTECTIVE ORDER 9 IT IS HEREBY STIPULATED by, among and between the parties through their counsel of record, 10 that the following terms apply to documents designated as “Confidential” as described above, by the 11 Defendant and produced by subpoena or otherwise, subject to the following Protective Order: 12 1. The Confidential Documents shall be used solely in connection with the civil case 13 JACKSON v. CITY OF STOCKTON, et al., 2:24-CV-01219-JDP. (E.D. Cal.) and in the 14 preparation and trial of the case. The Parties do not waive any objections to the 15 admissibility of the documents or portions thereof in future proceedings in this case, 16 including trial. 17 2. All records subject to this protective order shall be designated as confidential by affixing a 18 mark labelling them “Confidential” by the designating party. 19 3. The Confidential Documents may only be disclosed to the following persons: 20 (a) Counsel for Plaintiff, including partners and associate attorneys in their offices, as 21 counsel for Plaintiff in this case; 22 (b) Counsel for Defendant, including partners and associate attorneys in their offices, 23 as counsel for Defendant in this case; 24 (c) Paralegal, clerical, and secretarial personnel regularly employed by counsel 25 referred to in subparts (a) and (b), including stenographic deposition reporters or 26 videographers retained in connection with this action; 27 (d) Court personnel, including stenographic reporters or videographers engaged in 28 proceedings as are necessarily incidental to the preparation for the trial in the civil action; 1 (e) Any expert, consultant, or investigator retained in connection with this action, 2 however, such persons must be advised of and abide by this protective order; 3 (f) The finder of fact at the time of trial, subject to the court’s rulings on in limine 4 motions and objections of counsel; 5 (g) Witnesses during their depositions in this action. If confidential documents are used 6 in the deposition, the documents must be identified as “Confidential” and the 7 portion of the deposition in which the documents are described should also be 8 considered confidential; and 9 (h) The parties to this action and any representatives acting on their behalf for this 10 action. 11 4. Before any Confidential Documents may be disclosed to persons described in Subsections 12 (a)-(h) in paragraph 3 above, each person to whom such Confidential Documents are 13 disclosed, except for Court officials and employees, shall be provided with a copy of this 14 Protective Order and shall agree to be bound by and comply with the terms of this Order. 15 5. No notes, lists, memoranda, index, electronic images, databases or compilation prepared 16 based wholly or in part upon examination of Confidential Documents shall be disseminated 17 to anyone not authorized to have access to Confidential Documents. 18 6. If the Confidential Documents are filed with any motion or other pleading, a party may 19 seek permission from the Court to file the Confidential Documents under seal according to 20 Local Rule 141. If permission is granted, the Confidential Documents will be filed and 21 served in accordance with Local Rule 141. 22 7. The designation of the Confidential Documents as “Confidential” and the subsequent 23 production thereof is without prejudice to the right of any party to oppose the admissibility 24 of the Confidential Documents or information contained therein. 25 8. Any party or non-party may challenge a designation of confidentiality at any time. A party 26 or non-party does not waive its right to challenge a confidentiality designation by electing 27 not to mount a challenge promptly after the original designation is disclosed. The 28 Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis for each challenge. The parties 1 shall attempt to resolve each challenge in good faith and must begin the process by 2 conferring directly (in voice-to-voice dialogue; other forms of communication are not 3 sufficient) within seven (7) days of the date of receiving notice of the challenge. In 4 conferring, the Challenging Party must explain the basis for its belief that the 5 confidentiality designation was not proper and must give the Designating Party an 6 opportunity to review the designated material, to reconsider the circumstances, and, if no 7 change in designation is offered, to explain the basis for the chosen designation. A 8 Challenging Party may proceed to the next stage of the challenge process only if it has 9 engaged in this meet and confer process first or establishes that the Designating Party is 10 unwilling to participate in the meet and confer process in a timely manner. If the Parties 11 cannot resolve a challenge without Court intervention, the Designating Party may file and 12 serve a motion for protective order pursuant to Fed. R. Civ. P. 26(c) and E.D. Cal. L.R. 251 13 within twenty-one (21) days of the initial notice of challenge. Failure by the Designating 14 Party to make such a motion within twenty-one (21) days shall automatically waive the 15 “Confidential” designation for each challenged designation. In addition, the Challenging 16 Party may file a motion challenging a confidentiality designation at any time if there is 17 good cause for doing so. The burden of persuasion in any such challenge proceeding shall 18 be on the Designating Party. Unless the Designating Party has waived the confidentiality 19 designation by failing to file a motion to retain confidentiality as described above, all 20 parties shall continue to afford the material in question the level of protection to which it 21 is entitled under the Designating Party’s designation until the Court rules on the challenge. 22 9. Notwithstanding the provisions of Paragraph 3, the Confidential Documents and 23 information contained therein may not be delivered, exhibited or otherwise disclosed to 24 any reporter, writer or employee of any trade publication, newspaper, magazine or other 25 media organization, including but not limited to radio and television media, provided that 26 the Challenging Party has not obtained, by challenge or otherwise, the removal of the 27 confidentiality designation from the Confidential Documents. 28 10. Should the Confidential Documents or any information contained therein be disclosed, through inadvertence or otherwise, to any person not authorized to receive it under this 1 Protective Order, the disclosing person(s) shall promptly (a) inform counsel of the 2 recipient(s) and the circumstances of the unauthorized disclosure to the relevant producing 3 person(s) and (b) use best efforts to bind the recipient(s) to the terms of this Protective 4 Order. 5 11. The Confidential Documents shall not lose its confidential status because it was 6 inadvertently or unintentionally disclosed to a person not authorized to receive it under this 7 Protective Order. 8 12. After the conclusion of this litigation, the Confidential Documents will remain confidential, 9 unless the Challenging Party has obtained removal of the confidentiality designations. 10 “Conclusion” of this litigation means a termination of the case following a trial, settlement, 11 or dismissal of the Action with prejudice for any other reason. 12 13. This Stipulated Protective Order shall remain in full force and effect and shall continue to 13 be binding on all parties and affected persons until this litigation terminates, subject to any 14 subsequent modifications of this Stipulated Protective Order for good cause shown by this 15 Court or any Court having jurisdiction over an appeal of this action. Upon termination of 16 this litigation, the parties agree the Stipulated Protective Order shall continue in force as a 17 private agreement between the parties, unless the Challenging Party has obtained removal 18 of the confidentiality designations from certain documents. 19 14. During the pendency of this lawsuit, the Court shall (a) make such amendments, 20 modifications and additions to this Protective Order as it may deem appropriate upon good 21 cause shown; and (b) adjudicate any dispute arising under it. 22 IT IS SO STIPULATED. 23 24 Dated: ________________ LAW OFFICES OF KENNETH CHIKE ODIWE, PC 25 26 By /s/ K. Chike Odiwe K. Chike Odiwe 27

28 1 Dated: ________________ BURRIS, NISENBAUM, CURRY AND LAC, LLP 2 3 By /s/ Brandon Yee John L. Burris 4 Ben Nisenbaum 5 Brandon Yee

6 Dated: ________________ PORTER | SCOTT 7 A PROFESSIONAL CORPORATION

8

9 By 10 William E. Camy Jennifer L. Thompson 11 Attorneys for Defendant and City of Stockton

12

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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATION RE

1 AGREEMENT CONCERNING DOCUMENTS

COVERED BY PROTECTIVE ORDER

2 3 I hereby certify my understanding that Confidential Documents are being provided to me pursuant 4 to the terms and restrictions of the Protective Order dated ____________ (hereinafter “Order”), JACKSON 5 v. CITY OF STOCKTON, et al., 2:24-CV-01219-JDP. 6 I have been given a copy of that Order and read it. 7 I agree to be bound by the Order. I will not reveal Confidential Documents to anyone, except as 8 allowed by the Order. I will maintain all such Confidential Documents – including copies, notes, or other 9 transcriptions made therefrom – in a secure matter to prevent unauthorized access to it. Not later than 10 thirty (30) days after the conclusion of this action, I shall either (a) return such documents to counsel for 11 the party or non-party who provided such information, or at my election, (b) destroy such documents and 12 certify in writing that the documents have been destroyed. 13 I hereby consent to the jurisdiction of the Eastern District of California for the purpose of enforcing 14 the Order. 15 I declare under penalty of perjury that the foregoing is true and correct and that this certificate is 16 executed this _____ day of ___________, at __________________, _____________. 17 18 By: ________________________________ 19 Address: ___________________________ 20 ___________________________ 21 ___________________________ Phone: ___________________________ 22

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25 26 27 28

I PROPOSED) ORDER

> Pursuant to the stipulation of the parties: 3 1. The Protective Order is entered; 4 2. The parties are advised that pursuant to the Local Rules of the United States District Court, 5 Eastern District of California, any documents which are to be filed under seal will require a written 6 request which complies with Local Rule 141; and 7 3. The party making a request to file documents under seal shall be required to show good cause 8 for documents attached to a non-dispositive motion or compelling reasons for documents attached 9 to a dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). 10 11 || SO ORDERED. 12 ( i | _ 13 Dated: _ October 2, 2024 Q————

JEREMY D. PETERSON

14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4876-6093-1146, v. 1

STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER