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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 CHERISE MARIE WALTON, an Case No. 5:24-cv-01191-JGB-SPx 12 individual;,

STIPULATED PROTECTIVE

13 Plaintiff, ORDER

14 v. Magistrate Judge Sheri Pym

15 COUNTY OF RIVERSIDE; DEPUTY MOLINA, an individual; DEPUTY 16 MORALES, an individual; DEPUTY JIMENEZ, an individual; DEPUTY 17 PINA, an individual; DEPUTY REINA, an individual; CHAD BIANCO, an 18 individual; VICTORIA VARISCO- FLORES, an individual; and DOES 1 19 through 10, inclusive,,

20 Defendant.

21 22 1. A. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 enter the following Stipulated Protective Order. The parties acknowledge that this 1 discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment 3 under the applicable legal principles. The parties further acknowledge, as set forth in 4 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 5 file confidential information under seal; Civil Local Rule 79-5 sets forth the 6 procedures that must be followed and the standards that will be applied when a party 7 seeks permission from the court to file material under seal. 8 9 B. GOOD CAUSE STATEMENT 10 This action is likely to involve the production of confidential records, 11 personal medical records, investigation information that may implicate third party 12 information, materials protected by the Official Information Privilege, employment 13 information, confidential information relating to the County, its deputies, and other 14 inmates, and bodycam and jail surveillance videos where Plaintiff is not fully 15 clothed, for which special protection from public disclosure and from use for any 16 purpose other than prosecution of this action is warranted. Such information may 17 implicate the privacy interests of the party and are properly protected through a Fed. 18 R. Civ. P. 26(c) protective order. Seattle Times Co. v. Rhinehart, 467 U.S. 20, 35 19 n.21 (1984) (“Rule 26(c) includes among its express purposes the protection of a 20 ‘party or person from annoyance, embarrassment, oppression or undue burden or 21 expense.’ Although the Rule contains no specific reference to privacy or to other 22 rights or interests that may be implicated, such matters are implicit in the broad 23 purpose and language of the Rule.”); Soto v. City of Concord, 162 F.R.D. 603, 617 24 (N.D. Cal. 1995) (a party’s privacy rights are to be protected through a “carefully 25 crafted protective order.”). 26 Accordingly, to expedite the flow of information, facilitate the prompt 27 resolution of disputes over confidentiality of discovery materials, adequately protect 1 permitted reasonable necessary uses of such material in preparation for and in the 2 conduct of trial, address their handling at the end of the litigation, and serve the ends 3 of justice, a protective order for such information is justified in this Action. It is the 4 intent of the parties that information will not be designated as confidential for 5 tactical reasons and that nothing be so designated without a good faith belief that it 6 has been maintained in a confidential, non-public manner, and there is good cause 7 why it should not be part of the public record of this case. 8 9 2. DEFINITIONS 10 2.1 Action: This Lawsuit involving Cherise Marie Walton v. County of 11 Riverside, et al; 5:24-cv-01191-JGB-SP. 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation 13 of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 17 the Good Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 2.7 Expert: a person with specialized knowledge or experience in a matter 1 an expert witness or as a consultant in this Action. 2 2.8 House Counsel: attorneys who are employees of a party to this Action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 2.9 Non-Party: any natural person, partnership, corporation, association, or 6 other legal entity not named as a Party to this action. 7 2.10 Outside Counsel of Record: attorneys who are not employees of a party 8 to this Action but are retained to represent or advise a party to this Action and have 9 appeared in this Action on behalf of that party or are affiliated with a law firm which 10 has appeared on behalf of that party, and includes support staff. 11 2.11 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation support 17 services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or 1 compilations of Protected Material; and (3) any testimony, conversations, or 2 presentations by Parties or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the 4 trial judge. This Order does not govern the use of Protected Material at trial. 5 6 4. DURATION 7 Once a case proceeds to trial, all of the information that was designated as 8 confidential or maintained pursuant to this protective order becomes public and will 9 be presumptively available to all members of the public, including the press, unless 10 compelling reasons supported by specific factual findings to proceed otherwise are 11 made to the trial judge in advance of the trial. See Kamakana v. City and County of 12 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 13 showing for sealing documents produced in discovery from “compelling reasons” 14 standard when merits-related documents are part of court record). Accordingly, the 15 terms of this protective order do not extend beyond the commencement of the trial. 16 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. 19 Each Party or Non-Party that designates information or items for protection under 20 this Order must take care to limit any such designation to specific material that 21 qualifies under the appropriate standards. The Designating Party must designate for 22 protection only those parts of material, documents, items, or oral or written 23 communications that qualify so that other portions of the material, documents, 24 items, or communications for which protection is not warranted are not swept 25 unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. Designations 27 that are shown to be clearly unjustified or that have been made for an improper 1 unnecessary expenses and burdens on other parties) may expose the Designating 2 Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 16 contains protected material. If only a portion or portions of the material on a page 17 qualifies for protection, the Producing Party also must clearly identify the protected 18 portion(s) (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and 22 before the designation, all of the material made available for inspection shall be 23 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must determine which 25 documents, or portions thereof, qualify for protection under this Order. Then, before 26 producing the specified documents, the Producing Party must affix the 27 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 1 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 2 markings in the margins). 3 (b) for testimony given in depositions that the Designating Party 4 identify the Disclosure or Discovery Material on the record, before the close of the 5 deposition all protected testimony. 6 (c) for information produced in some form other than documentary 7 and for any other tangible items, that the Producing Party affix in a prominent place 8 on the exterior of the container or containers in which the information is stored the 9 legend “CONFIDENTIAL.” If only a portion or portions of the information 10 warrants protection, the Producing Party, to the extent practicable, shall identify the 11 protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37.1 et seq. 25 6.3 The burden of persuasion in any such challenge proceeding shall be on 26 the Designating Party. Frivolous challenges, and those made for an improper 27 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 1 Party has waived or withdrawn the confidentiality designation, all parties shall 2 continue to afford the material in question the level of protection to which it is 3 entitled under the Producing Party’s designation until the Court rules on the 4 challenge. 5 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending, or attempting to settle this Action. Such 10 Protected Material may be disclosed only to the categories of persons and under the 11 conditions described in this Order. When the Action has been terminated, a 12 Receiving Party must comply with the provisions of section 13 below (FINAL 13 DISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, 22 as well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) 25 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to 27 whom disclosure is reasonably necessary for this Action and who have signed the 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and 4 Professional Vendors to whom disclosure is reasonably necessary for this Action 5 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 6 A); 7 (g) the author or recipient of a document containing the information 8 or a custodian or other person who otherwise possessed or knew the information; 9 (h) during their depositions, witnesses ,and attorneys for witnesses, 10 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 11 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 12 they will not be permitted to keep any confidential information unless they sign the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 14 agreed by the Designating Party or ordered by the court. Pages of transcribed 15 deposition testimony or exhibits to depositions that reveal Protected Material may 16 be separately bound by the court reporter and may not be disclosed to anyone except 17 as permitted under this Stipulated Protective Order; and 18 (i) any mediator or settlement officer, and their supporting 19 personnel, mutually agreed upon by any of the parties engaged in settlement 20 discussions. 21 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such 1 (b) promptly notify in writing the party who caused the subpoena or 2 order to issue in the other litigation that some or all of the material covered by the 3 subpoena or order is subject to this Protective Order. Such notification shall include 4 a copy of this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be 6 pursued by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this 9 action as “CONFIDENTIAL” before a determination by the court from which the 10 subpoena or order issued, unless the Party has obtained the Designating Party’s 11 permission. The Designating Party shall bear the burden and expense of seeking 12 protection in that court of its confidential material and nothing in these provisions 13 should be construed as authorizing or encouraging a Receiving Party in this Action 14 to disobey a lawful directive from another court. 15 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced 19 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 20 information produced by Non-Parties in connection with this litigation is protected 21 by the remedies and relief provided by this Order. Nothing in these provisions 22 should be construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, 24 to produce a Non-Party’s confidential information in its possession, and the Party is 25 subject to an agreement with the Non-Party not to produce the Non-Party’s 26 confidential information, then the Party shall: 27 (1) promptly notify in writing the Requesting Party and the 1 confidentiality agreement with a Non-Party; 2 (2) promptly provide the Non-Party with a copy of the 3 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 4 reasonably specific description of the information requested; and 5 (3) make the information requested available for inspection by 6 the Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this court 8 within 14 days of receiving the notice and accompanying information, the Receiving 9 Party may produce the Non-Party’s confidential information responsive to the 10 discovery request. If the Non-Party timely seeks a protective order, the Receiving 11 Party shall not produce any information in its possession or control that is subject to 12 the confidentiality agreement with the Non-Party before a determination by the 13 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 14 expense of seeking protection in this court of its Protected Material. 15 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 Protected Material to any person or in any circumstance not authorized under this 19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 20 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 21 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of this Order, 23 and (d) request such person or persons to execute the “Acknowledgment and 24 Agreement to Be Bound” that is attached hereto as Exhibit A. 25 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 1 inadvertently produced material is subject to a claim of privilege or other protection, 2 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 3 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 4 may be established in an e-discovery order that provides for production without 5 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 6 as the parties reach an agreement on the effect of disclosure of a communication or 7 information covered by the attorney-client privilege or work product protection, the 8 parties may incorporate their agreement in the stipulated protective order submitted 9 to the court. 10 11 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 ground to use in evidence of any of the material covered by this Protective Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 21 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 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court. 25 26 13. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in paragraph 4, within 60 1 all Protected Material to the Producing Party or destroy such material. As used in 2 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 summaries, and any other format reproducing or capturing any of the Protected 4 Material. Whether the Protected Material is returned or destroyed, the Receiving 5 Party must submit a written certification to the Producing Party (and, if not the same 6 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 7 (by category, where appropriate) all the Protected Material that was returned or 8 destroyed and (2)affirms that the Receiving Party has not retained any copies, 9 abstracts, compilations, summaries or any other format reproducing or capturing any 10 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 11 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 12 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 13 reports, attorney work product, and consultant and expert work product, even if such 14 materials contain Protected Material. Any such archival copies that contain or 15 constitute Protected Material remain subject to this Protective Order as set forth in 16 Section 4 (DURATION). 17 18 14. Any violation of this Order may be punished by any and all appropriate 19 measures including, without limitation, contempt proceedings and/or monetary 20 sanctions. 21 22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 23 24 DATED: December 23, 2024

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26 /s/Matthew T. Falkenstein Attorneys for Plaintiff 27

CHERISE MARIE WALTON

2|| DATED: December 23, 2024 3 4 /s/ Zareh Bursalyan 5 Attorneys for Defendants

COUNTY OF RIVERSIDE, DEPUTY

6 || MOLINA, DEPUTY JIMENEZ, DEPUTY 7 PINA, DEPUTY REINA, CHAD BIANCO, and VICTORIA VARISCO-FLORES 8 9 10 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 11 || DATED: January 6, 2025

13 14 Honorable Sheri Pym United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

E, WILLIAMS &

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 penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on [date] in the case of [insert formal name of the 8 case and the number and initials assigned to it by the court]. I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 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 type 19 full name] of [print or type 20 full address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date:

24 City and State where sworn and signed: 25 Printed Name: 26

27 Signature: