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8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 JUAN MANUEL GARCIA, an Case No. 5:24-02185-DDP (SHK) individual, 12 Plaintiff, [PROPOSED] STIPULATED 13 PROTECTIVE ORDER v. 14 HEMET POLICE DEPARTMENT, a FAC Filed: November 13, 2024 15 public entity; CITY OF HEMET, a public entity; OFFICER JACOB 16 HOBSON, individually; and DOES 1- 10, inclusive, 17 Defendants. 18

19 TO THE HONORABLE COURT: 20 By and through their counsel of record in this action, plaintiff JUAN MANUEL 21 GARCIA (hereinafter referred to as “Plaintiffs”) and defendants HEMET POLICE 22 DEPARTMENT, CITY OF HEMET, and OFFICER JACOB HOBSON (hereinafter 23 referred to collectively as “Defendants”) – the parties – hereby stipulate for the 24 purpose of jointly requesting that the honorable Court enter a protective order re 25 confidential documents in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, 26 as well as U.S. Dist. Ct., C.D. Cal., Local Rules 7-1 and 52-4.1; and any applicable 27 Orders of the Court] – as follows: 1 1. GOOD CAUSE STATEMENT 2 1.1. Contentions re Harm from Disclosure of Confidential Materials. 3 Defendants contend that there is good cause and a particularized need for a 4 protective order to preserve the interests of confidentiality and privacy in peace officer 5 personnel file records and associated investigative or confidential records for the 6 following reasons. 7 First, Defendants contend that peace officers have a federal privilege of privacy 8 in their personnel file records: a reasonable expectation of privacy therein that is 9 underscored, specified, and arguably heightened by the Pitchess protective procedure 10 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 11 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 12 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 13 discovery disputes involving federal claims,” the “state privilege law which is 14 consistent with its federal equivalent significantly assists in applying [federal] 15 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 16 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 17 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 18 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 19 uncontrolled disclosure of such personnel file information can threaten the safety of 20 non-party witnesses, officers, and their families/associates. 21 Second, Defendants contend that municipalities and law enforcement agencies 22 have federal deliberative-executive process privilege, federal official information 23 privilege, federal law enforcement privilege, and federal attorney-client privilege 24 (and/or attorney work product protection) interests in the personnel files of their peace 25 officers – particularly as to those portions of peace officer personnel files that contain 26 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 27 communications for the purposes of obtaining or rendering legal advice or analysis – 1 Affairs type records or reports, evaluative/analytical portions of supervisory records 2 or reports, and/or reports prepared at the direction of counsel, or for the purpose of 3 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 4 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 5 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 6 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 7 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 8 v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants 9 further contend that such personnel file records are restricted from disclosure by the 10 public entity’s custodian of records pursuant to applicable California law and that 11 uncontrolled release is likely to result in needless intrusion of officer privacy; 12 impairment in the collection of third-party witness information and statements 13 and related legitimate law enforcement investigations/interests; and a chilling of 14 open and honest discussion regarding and/or investigation into alleged 15 misconduct that can erode a public entity’s ability to identify and/or implement 16 any remedial measures that may be required. 17 Third, Defendants contend that, since peace officers do not have the same rights 18 as other private citizens to avoid giving compelled statements, it is contrary to the 19 fundamental principles of fairness to permit uncontrolled release of officers’ 20 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 21 828-830 (1985); cf. U.S. Const., amend V. 22 Accordingly, Defendants contend that, without a protective order preventing 23 such, production of confidential records in the case can and will likely substantially 24 impair and harm defendant public entity’s interests in candid self-critical analysis, 25 frank internal deliberations, obtaining candid information from witnesses, preserving 26 the safety of witnesses, preserving the safety of peace officers and peace officers’ 27 families and associates, protecting the privacy officers of peace officers, and 1 publication of private, sensitive, or confidential information – as can and often does 2 result in litigation. 3 1.2. Plaintiff does not agree with and does not stipulate to Defendants’ 4 contentions herein above, and nothing in this Stipulation or its associated Order shall 5 resolve the parties’ disagreement, or bind them, concerning the legal statements and 6 claimed privileges set forth above. 7 However, plaintiff agrees that there is Good Cause for a Protective Order so as 8 to preserve the respective interests of the parties without the need to further burden 9 the Court with such issues. Specifically, the parties jointly contend that, absent this 10 Stipulation and its associated Protective Order, the parties' respective privilege 11 interests may be impaired or harmed, and that this Stipulation and its associated 12 Protective Order may avoid such harm by permitting the parties to facilitate discovery 13 with reduced risk that privileged and/or sensitive/confidential information will 14 become matters of public record. 15 1.3. The parties jointly contend that there is typically a particularized need 16 for protection as to any medical or psychotherapeutic records and autopsy 17 photographs, because of the privacy interests at stake therein. Because of these 18 sensitive interests, a Court Order should address these documents rather than a private 19 agreement between the parties. 20 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 21 jointly request that the honorable Court issue/enter, a Protective Order re confidential 22 documents consistent with the terms and provisions of this Stipulation. However, the 23 entry of a Protective Order by the Court pursuant to this Stipulation shall not be 24 construed as any ruling by the Court on the aforementioned legal statements or 25 privilege claims in this section (§ 1), nor shall this section be construed as part of any 26 such Court Order. 27 / / / 1 A. PURPOSES AND LIMITATIONS. 2 Disclosure and discovery activity in this action are likely to involve production 3 of confidential, proprietary, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting or defending 5 this litigation would be warranted. Accordingly, the parties hereby stipulate to and 6 petition the court to enter the following Stipulation and an associated Order. 7 The parties acknowledge that this Stipulation and associated Order does not 8 confer blanket protections on all disclosures or responses to discovery and that the 9 protection it affords extends only to the specified information or items that are entitled 10 to treatment as confidential. 11 The parties further acknowledge, as set forth below, that this Stipulation and 12 Order creates no entitlement to file confidential information under seal, except to the 13 extent specified herein; Central District Local Rules 79-5.1 and 79-5.2 set(s) forth the 14 procedures that must be followed and reflects the standards that will be applied when 15 a party seeks permission from the court to file material under seal. 16 Nothing in this Stipulation or associated Order shall be construed so as to 17 require or mandate that any Party disclose or produce privileged information or 18 records that could be designated as Confidential Documents/Protected Material 19 hereunder. 20 STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL 21 RECORDS 22 2. DEFINITIONS 23 2.1. Party: any party to this action, including all of its officers, directors, 24 employees, agents, consultants, retained experts, house counsel and outside counsel 25 (and/or the support staff thereof). 26 2.2. Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner generated, stored or maintained (including, among other 1 disclosures or responses to discovery – by any Party in this matter. 2 2.3. “Confidential” Information or Items: information (regardless of the 3 medium or how generated, stored, or maintained) or tangible things that qualify for 4 protection under standards developed under Federal Rule of Civil Procedure 26(c) 5 and/or applicable federal privileges. This material includes, but is not limited to, 6 medical records, psychotherapeutic records, and autopsy photographs; as well as 7 peace officer personnel records as defined by California Penal Code sections 832.8, 8 832.5, 832.7 and the associated case law; and other similar confidential records 9 designated as such. 10 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 11 from a Producing Party, including a Party that has noticed or subpoenaed and is taking 12 a deposition or comparable testimony. 13 2.5. Producing Party: a Party or non-party that produces Disclosure or 14 Discovery Material in this action, including a Party that is defending a deposition 15 noticed or subpoenaed by another Party; additionally, for the limited purpose of 16 designating testimony subject to this Stipulation and Order pursuant to section 6.2(b) 17 (infra), a “Producing Party” shall also be construed to include a Party that is attending 18 and/or participating in a non-party deposition noticed/subpoenaed by another Party. 19 2.6. Designating Party: a Party or non-party public entity employer of a Party 20 that designates information or items that it produces in disclosures or in responses to 21 discovery as “CONFIDENTIAL.” 22 2.7. Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL” under the provisions of this Stipulation and 24 Protective Order. (The term “Confidential Document” shall be synonymous with the 25 term “Protected Material” for the purposes of this Stipulation and any associated 26 Protective Order.) 27 2.8. Outside Counsel: attorneys who are not employees of a Party but who 1 2.9. House Counsel: attorneys who are employees of a Party (as well as their 2 support staffs). 3 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as 4 well as their support staffs). 5 2.11. Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this action and who is not a past or a current 8 employee of a Party and who, at the time of retention, is not anticipated to become an 9 employee of a Party or a competitor of a Party’s; as well as any person retained, 10 designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 11 Procedure 26(a)(2) or other applicable discovery Rules or statutes. 12 2.12. Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying; videotaping; translating; preparing exhibits or 14 demonstrations; and/or organizing, storing, retrieving data in any form or medium; 15 etc.); and their employees and subcontractors. 16 3. SCOPE OF PROTECTION 17 The protections conferred by this Stipulation and its associated Order cover not 18 only Protected Material/Confidential Documents (as defined above), but also (1) any 19 information copied or extracted from Protected Material; (2) all copies, excerpts, 20 summaries, or compilations of Protected Material; and (3) any testimony, 21 conversations, or presentations by Parties or their Counsel that might reveal Protected 22 Material. However, the protections conferred by this Stipulation and its associated 23 Order do not cover the following information: (a) any information that is in the public 24 domain at the time of disclosure to a Receiving Party or becomes part of the public 25 domain after its disclosure to a Receiving Party as a result of publication not involving 26 a violation of this Order, including becoming part of the public record through trial or 27 otherwise; and (b) any information known to the Receiving Party prior to the 1 obtained the information lawfully and under no obligation of confidentiality to the 2 Designating Party. 3 Except to the extent specified herein (if any), any use of Protected Material at 4 trial shall not be governed by this Order, but may be governed by a separate agreement 5 or order. 6 Any use of Protected Material at trial shall be governed by the Orders of the 7 trial judge: this Stipulation and its associated Protective Order do(es) not govern the 8 use of Protected Material at trial. 9 Nothing in this Stipulation or its associated Order shall be construed as binding 10 upon the Court or its court personnel, who are subject only to the Court’s internal 11 procedures regarding the handling of materials filed or lodged, including materials 12 filed or lodged under seal. 13 4. DURATION OF PROTECTION 14 Even after final disposition of this litigation, the confidentiality obligations 15 imposed by this Order shall remain in effect (1) unless the information designated 16 confidential was admitted into evidence at the time of trial, or (2) until Parties agree 17 otherwise in writing or a court order otherwise directs. 18 Final disposition shall be deemed to be the later of (1) dismissal of all claims 19 and defenses in this Action, with or without prejudice; and (2) final judgment herein 20 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 21 reviews of this Action, including the time limits for filing any motions or 22 applications for extension of time pursuant to applicable law. 23 5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL 24 DOCUMENTS 25 5.1. Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or non-party that designates information or items for protection 27 under this Stipulation and its associated Order must take care to limit any such 1 Designating Party must take care to designate for protection only those parts of 2 material, documents, items, or oral or written communications that qualify – so that 3 other portions of the material, documents, items or communications for which 4 protection is not warranted are not swept unjustifiably within the ambit of this Order. 5 Mass, indiscriminate, or routine designations are prohibited. Designations that 6 are shown to be clearly unjustified, or that have been made for an improper purpose 7 (e.g., to unnecessarily encumber or retard the case development process, or to impose 8 unnecessary expenses and burdens on other parties), expose the Designating Party to 9 sanctions. 10 If it comes to a Party’s or a non-party’s attention that information or items that 11 it designated for protection do not qualify for protection at all, or do not qualify for 12 the level of protection initially asserted, that Party or non-party must promptly notify 13 all other parties that it is withdrawing the mistaken designation. 14 5.2. Manner and Timing of Designations. Except as otherwise provided in 15 this Order, or as otherwise stipulated or ordered, material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (apart from transcripts of 20 depositions or other pretrial or trial proceedings, and regardless of whether produced 21 in hardcopy or electronic form), that the Producing Party affix the legend 22 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 23 or portions of the material on a page qualifies for protection, the Producing Party also 24 must clearly identify the protected portion(s) (e.g., by making appropriate markings 25 in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The 26 placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the 27 substance of the page’s (or pages’) text or content. 1 A Party or Non-Party that makes original documents or materials available for 2 inspection need not designate them for protection until after the inspecting Party has 3 indicated which material it would like copied and produced. During the inspection 4 and before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 6 it wants copied and produced, the Producing Party must determine which documents, 7 or portions thereof, qualify for protection under this Order. Then, before producing 8 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 9 legend to each page that contains Protected Material. If only a portion or portions of 10 the material on a page qualifies for protection, the Producing Party also must clearly 11 identify the protected portion(s) (e.g., by making appropriate markings in the 12 margins). 13 (b) for testimony given in deposition or in other pretrial or trial proceedings, 14 that the Party or non-party offering or sponsoring the testimony identify on the record, 15 before the close of the deposition, hearing, or other proceeding, all protected 16 testimony, and further specify any portions of the testimony that qualify as 17 “CONFIDENTIAL.” When it is impractical to identify separately each portion of 18 testimony that is entitled to protection, and when it appears that substantial portions 19 of the testimony may qualify for protection, the Producing Party may invoke on the 20 record (before the deposition or proceeding is concluded) a right to have up to twenty 21 (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 22 Only those portions of the testimony that are appropriately designated as 23 “CONFIDENTIAL” for protection within the 20 days shall be covered by the 24 provisions of this Stipulation and its associated Protective Order. 25 The court reporter must affix to each such transcript page containing Protected 26 Material the legend “CONFIDENTIAL,” as instructed by the Producing Party. 27 / / / 1 (c) for information produced in some form other than documentary, and for 2 any other tangible items (including but not limited to information produced on disc or 3 electronic data storage device), that the Producing Party affix in a prominent place on 4 the exterior of the container or containers in which the information or item is stored 5 the legend “CONFIDENTIAL.” If only portions of the information or item warrant 6 protection, the Producing Party, to the extent practicable, shall identify the protected 7 portions, specifying the material as “CONFIDENTIAL.” 8 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, 9 though not necessarily, within 30 days of production or disclosure of such material), 10 an inadvertent failure to designate qualified information or items as 11 “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to 12 secure protection under this Stipulation and its associated Order for such material. 13 If material is appropriately designated as “CONFIDENTIAL” after the material 14 was initially produced, the Receiving Party, on timely notification of the designation, 15 must make reasonable efforts to assure that the material is treated in accordance with 16 this Stipulation and its associated Order. 17 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall 18 not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove 19 a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any 20 other action so as to make it appear that Protected Material is not subject to the terms 21 and provisions of this Stipulation and its associated Order. However, nothing in this 22 section shall be construed so as to prevent a Receiving Party from challenging a 23 confidentiality designation subject to the provisions of section 6, infra. 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. Unless a prompt challenge to a Designating Party’s confidentiality 1 economic burdens, or a later significant disruption or delay of the litigation, a Party 2 does not waive its right to challenge a confidentiality designation by electing not to 3 mount a challenge promptly after the original designation is disclosed. 4 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a 5 Challenging Party shall initiate a dispute resolution process by providing written 6 notice of each specific designation it is challenging, and describing the basis (and 7 supporting authority or argument) for each challenge. To avoid ambiguity as to 8 whether a challenge has been made, the written notice must recite that the challenge 9 to confidentiality is being made in accordance with this specific paragraph of the 10 associated Protective Order. The parties shall attempt to resolve each challenge in 11 good faith and must begin the process by conferring directly (in voice to voice 12 dialogue, either in person, telephonically, or by other comparable means, but not by 13 correspondence) within 14 days of the date of service of notice. 14 In conferring, the Challenging Party must explain the specific basis for its belief 15 that the confidentiality designation was not proper and must give the Designating 16 Party an opportunity to review the designated material, to reconsider the 17 circumstances, and, if no change in designation is offered, to explain the basis for the 18 chosen designation. A Challenging Party may proceed to the next stage of the 19 challenge process only if it has engaged in this meet and confer process first or 20 establishes that the Designating Party is unwilling to participate in the meet and confer 21 process in a timely manner. 22 Frivolous challenges, and those challenges made for an improper purpose (e.g., 23 to harass or impose unnecessary expenses and burdens on other parties), may expose 24 the Challenging Party to sanctions. 25 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality 26 challenge without court intervention, the Challenging Party shall file and serve a 27 motion to remove confidentiality (under the applicable rules for filing and service of 1 process will not resolve their dispute, or by the first day of trial of this matter, 2 whichever date is earlier – unless the parties agree in writing to a longer time. 3 The parties must strictly comply with Central District Local Rules 37-1 and 37- 4 2 (including the joint stipulation re discovery dispute requirement) in any motion 5 associated with this Protective Order. 6 Each such motion must be accompanied by a competent declaration affirming 7 that the movant has complied with the meet and confer requirements imposed in the 8 preceding paragraph. In addition, the Challenging Party may file a motion 9 challenging a confidentiality designation at any time if there is good cause for doing 10 so, including a challenge to the designation of a deposition transcript or any portions 11 thereof. Any motion brought pursuant to this provision must be accompanied by a 12 competent declaration affirming that the movant has complied with the meet and 13 confer requirements imposed by the preceding paragraph. 14 The burden of persuasion in any such challenge proceeding shall be on the 15 Designating Party, regardless of whether the Designating Party is the moving party or 16 whether such Party sought or opposes judicial intervention. Frivolous challenges, and 17 those made for an improper purpose (e.g., to harass or impose unnecessary expenses 18 and burdens on other parties) may expose the Challenging Party to sanctions. Unless 19 the Designating Party has waived the confidentiality designation by failing to oppose 20 a motion to remove confidentiality as described above, all parties shall continue to 21 afford the material in question the level of protection to which it is entitled under the 22 Producing Party’s designation until the court rules on the challenge. 23 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 24 Designating Party may remove Protected Material/Confidential Documents from 25 some or all of the protections and provisions of this Stipulation and its associated 26 Order at any time by any of the following methods: 27 (a) Express Written Withdrawal. A Designating Party may withdraw a 1 /Confidential Documents from some or all of the protections of this Stipulation and 2 its associated Order by an express withdrawal in a writing signed by such Party (or 3 such Party’s Counsel, but not including staff of such Counsel) that specifies and 4 itemizes the Disclosure or Discovery Material previously designated as Protected 5 Material/Confidential Documents that shall no longer be subject to all or some of the 6 provisions of this Stipulation and Order. Such express withdrawal shall be effective 7 when transmitted or served upon the Receiving Party. If a Designating Party is 8 withdrawing Protected Material from only some of the provisions/ protections of this 9 Stipulation and Order, such Party must state which specific provisions are no longer 10 to be enforced as to the specified material for which confidentiality protection 11 hereunder is withdrawn: otherwise, such withdrawal shall be construed as a 12 withdrawal of such material from all of the protections/provisions of this Stipulation 13 and Order; 14 (b) Express Withdrawal on the Record. A Designating Party may withdraw 15 a “CONFIDENTIAL” designation made to any specified Protected 16 Material/Confidential Documents from all of the provisions/protections of this 17 Stipulation and its associated Order by verbally consenting in court proceedings on 18 the record to such withdrawal – provided that such withdrawal specifies the 19 Disclosure or Discovery Material previously designated as Protected Material/ 20 Confidential Documents that shall no longer be subject to any of the provisions of this 21 Stipulation and Order. A Designating Party is not permitted to withdraw Protected 22 Material from only some of the protections/provisions of this Stipulation and Order 23 by this method; 24 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 25 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 26 designation made to any specified Protected Material/Confidential Documents from 27 all of the provisions/protections of this Stipulation and Order by either (1) making 1 but not limited to attaching such as exhibits to any filing with the court without 2 moving, prior to such filing, for the court to seal such records; or (2) failing to timely 3 oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to 4 specified Protected Material/Confidential Documents. Nothing in this Stipulation and 5 Order shall be construed so as to require any Party to file Protected 6 Material/Confidential Documents under seal, unless expressly specified herein. 7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1. Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a non-party in connection with this case 10 only for preparing, prosecuting, defending, or attempting to settle this litigation – up 11 to and including final disposition of the above-entitled action – and not for any other 12 purpose, including any other litigation or dispute outside the scope of this action. 13 Such Protected Material may be disclosed only to the categories of persons and under 14 the conditions described in this Stipulation and its associated Order. When the above 15 entitled litigation has been terminated, a Receiving Party must comply with the 16 provisions of section 11, below (FINAL DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Stipulation and its Order. 20 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the Court or permitted in writing by the Designating Party, a 22 Receiving Party may disclose any information or item designated CONFIDENTIAL 23 only to: 24 (a) the Receiving Party’s Outside Counsel of record in this action, as well 25 as employees of such Counsel to whom it is reasonably necessary to disclose the 26 information for this litigation; 27 (b) the officers, directors, and employees (including House Counsel) of the 1 of whom, by accepting receipt of such Protected Material, thereby agree to be bound 2 by this Stipulation and Order; 3 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party 4 to whom disclosure is reasonably necessary for this litigation – each of whom, by 5 accepting receipt of such Protected Material, thereby agree to be bound by this 6 Stipulation and Order; 7 (d) court reporters, their staffs, and Professional Vendors to whom 8 disclosure is reasonably necessary for this litigation – each of whom, by accepting 9 receipt of such Protected Material, thereby agree to be bound by this Stipulation and 10 Order; 11 (e) during their depositions, witnesses in the action to whom disclosure is 12 reasonably necessary – each of whom, by accepting receipt of such Protected 13 Material, thereby agree to be bound by this Stipulation and Order. Pages of 14 transcribed deposition testimony or exhibits to depositions that reveal Protected 15 Material must have a confidential designation affixed by the court reporter to such 16 pages containing Protected Material and such may not be disclosed to anyone except 17 as permitted under this Stipulation and its Protective Order. 18 (f) the author or custodian of a document containing the information that 19 constitutes Protected Material, or other person who otherwise possessed or knew the 20 information. 21 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected 22 Material/Confidential Documents to persons to whom this Stipulation and its Order 23 permits disclosure or production (see section 8.2, supra), a Receiving Party shall 24 provide a copy of this Stipulation and Order to such persons so as to put such persons 25 on notice as to the restrictions imposed upon them herein: except that, for court 26 reporters, Professional Vendors, and for witnesses being provided with Protected 27 Material during a deposition, it shall be sufficient notice for Counsel for the Receiving 1 the provisions of this Stipulation and its Order and such provisions’ applicability to 2 specified Protected Material at issue. 3 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be 4 construed so as to require any Producing Party to designate any records or materials 5 as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so 6 as to prevent the admission of Protected Material into evidence at the trial of this 7 action, or in any appellate proceedings for this action, solely on the basis that such 8 Disclosure or Discovery Material has been designated as Protected 9 Material/Confidential Documents. Notwithstanding the foregoing, nothing in this 10 Stipulation and Order shall be construed as a waiver of any privileges or of any rights 11 to object to the use or admission into evidence of any Protected Material in any 12 proceeding; nor shall anything herein be construed as a concession that any privileges 13 asserted or objections made are valid or applicable. Nothing in this Stipulation and 14 Order shall be construed so as to prevent the Designating Party (or its Counsel or 15 custodian of records) from having access to and using Protected Material designated 16 by that Party in the manner in which such persons or entities would typically use such 17 materials in the normal course of their duties or profession – except that the waiver of 18 confidentiality provisions shall apply (see section 6.4(c), supra). 19 7.5. Requirement to File Confidential Documents Under Seal. Confidential 20 Documents may be submitted in all law and motion proceedings before the Court if 21 done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or 22 United States District Court, Central District of California Local Rules 79-5.1 and 79- 23 5.2 (as applicable) and pursuant to the provisions of this Stipulation and any 24 associated Order. If any Receiving Party attaches any Confidential Documents to any 25 pleading, motion, or other paper to be filed, lodged, or otherwise submitted to the 26 Court, such Confidential Document(s) shall be filed/lodged under seal pursuant to 27 Federal Rules of Civil Procedure 5.2 and 26 and/or United States District Court, 1 However, this paragraph (¶ 7.5) shall not be construed so as to prevent a 2 Designating Party or counsel from submitting, filing, lodging, or publishing any 3 document it has previously designated as a Confidential Document without 4 compliance with this paragraph’s requirement to do so under seal (i.e., a producing- 5 disclosing party or counsel may submit or publish its own Confidential Documents 6 without being in violation of the terms of this Stipulation and its Protective Order). 7 Furthermore, a Receiving Party shall be exempted from the requirements of 8 this paragraph as to any specifically identified Confidential Document(s) where – 9 prior to the submission or publication of the Confidential Document(s) at issue – the 10 Designating Party of such specifically identified Confidential Document(s) has 11 waived/withdrawn the protections of this Stipulation and its Order (pursuant to 12 paragraph 6.4, supra). 13 A Receiving Party shall also be exempt from the sealing requirements of this 14 paragraph (¶ 7.5) where the Confidential Documents/Protected Material at issue is/are 15 not documents, records, or information regarding or incorporating: 16 (1) private, personal information contained in peace officer personnel files 17 (such as social security numbers, driver’s license numbers or comparable personal 18 government identification numbers, residential addresses, compensation or pension 19 or personal property information, credit card numbers or credit information, dates of 20 birth, tax records and information, information related to the identity of an officer’s 21 family members or co-residents, and comparable personal information about the 22 officer or his family); 23 (2) any internal affairs or comparable investigation by any law enforcement 24 agency into alleged officer misconduct; and/or 25 (3) the medical records or records of psychiatric or psychological treatment 26 of any peace officer or party to this action. 27 Nothing in this paragraph shall be construed to bind the Court or its authorized 1 jury or factfinder, at the time of trial of this matter, where the Court has deemed such 2 Confidential Documents to be admissible into evidence. 3 Nothing in this Stipulation or in any associated Order shall be construed as any 4 entitlement for the parties to file any documents or materials under seal; nor shall the 5 parties’ Stipulation or this Order be construed as any exemption from any of the 6 requirements of Central District Local Rule 79-5. The parties are required to comply 7 with the applicable Local Rules in their entirety. If the Court denies a party’s request 8 for filing material under seal, that material may be filed in the public record unless 9 otherwise instructed by the Court. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this action as 14 “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party, preferably (though not 16 necessarily) by facsimile or electronic mail. Such notification shall include a copy of 17 the subpoena or court order at issue; 18 (b) promptly notify in writing the party who caused the subpoena or order to 19 issue in the other litigation that some or all of the material covered by the subpoena 20 or order is subject to this Stipulation and its Protective Order. Such notification shall 21 include a copy of this Stipulation and its Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be pursued 23 by all sides in any such situation, while adhering to the terms of this Stipulation and 24 its Order. 25 If the Designating Party timely seeks a protective order, the Party served with 26 the subpoena or court order shall not produce any information designated in this action 27 as “CONFIDENTIAL” before a determination by the court from which the subpoena 1 Designating Party shall bear the burden and expense of seeking protection in that court 2 of its confidential material – and nothing in these provisions should be construed as 3 authorizing or encouraging a Receiving Party in this action to disobey a lawful 4 directive from another court. 5 The purpose of this section is to ensure that the affected Party has a meaningful 6 opportunity to preserve its confidentiality interests in the court from which the 7 subpoena or court order issued. 8 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 9.1. Unauthorized Disclosure of Protected Material. 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulation and Order, the Receiving Party must immediately: 13 (a) notify in writing the Designating Party of the unauthorized disclosures; 14 (b) use its best efforts to retrieve all copies of the Protected Material; 15 (c) inform the person or persons to whom unauthorized disclosures were 16 made of all the terms of this Order; and 17 (d) request such person or persons consent to be bound by the Stipulation 18 and Order. 19 9.2. Inadvertent Production of Privileged or Otherwise Protected Material. 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other protection, 22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 24 may be established in an e-discovery order that provides for production without prior 25 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 26 parties reach an agreement on the effect of disclosure of a communication or 27 information covered by the attorney-client privilege or work product protection, the 1 to the court. 2 10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED 3 10.1. Filing of Protected Material. 4 Without advance written permission from the Designating Party, or a court 5 order secured after appropriate notice to all interested persons, a Receiving Party may 6 not file in the public record in this action any Protected Material. A Party that seeks 7 to file under seal any Protected Material must comply with the applicable Federal and 8 Local Rules. 9 10.2. Public Dissemination of Protected Material. 10 A Receiving Party shall not publish, release, post, or disseminate Protected 11 Material to any persons except those specifically delineated and authorized by this 12 Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish, 13 release, leak, post, or disseminate Protected Material/Confidential Documents to any 14 news media, member of the press, website, or public forum (except as permitted under 15 section 7.5 regarding filings with the court in this action and under seal). 16 11. FINAL DISPOSITION 17 Unless otherwise ordered or agreed in writing by the Producing Party, within 18 thirty (30) days after the final termination of this action (defined as the dismissal or 19 entry of judgment by the above named court, or if an appeal is filed, the disposition 20 of the appeal), upon written request by the Producing Party, each Receiving Party 21 must return all Protected Material to the Producing Party – whether retained by the 22 Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non- 23 party to whom the Receiving Party produced or shared such records or information. 24 As used in this subdivision, “all Protected Material” includes all copies, 25 abstracts, compilations, summaries or any other form of reproducing or capturing any 26 of the Protected Material, regardless of the medium (hardcopy, electronic, or 27 otherwise) in which such Protected Material is stored or retained. 1 In the alternative, at the discretion of the Receiving Party, the Receiving Party 2 may destroy some or all of the Protected Material instead of returning it – unless such 3 Protected Material is an original, in which case, the Receiving Party must obtain the 4 Producing Party’s written consent before destroying such original Protected Material. 5 Whether the Protected Material is returned or destroyed, the Receiving Party 6 must submit a written certification to the Producing Party (and, if not the same person 7 or entity, to the Designating Party) within thirty (30) days of the aforementioned 8 written request by the Designating Party that specifically identifies (by category, 9 where appropriate) all the Protected Material that was returned or destroyed and that 10 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 11 summaries or other forms of reproducing or capturing any of the Protected material 12 (in any medium, including but not limited to any hardcopy, electronic or digital copy, 13 or otherwise). 14 Notwithstanding this provision, Counsel are entitled to retain an archival copy 15 of all pleadings, motion papers, transcripts, legal memoranda filed with the court in 16 this action, as well as any correspondence or attorney work product prepared by 17 Counsel for the Receiving Party, even if such materials contain Protected Material; 18 however, any such archival copies that contain or constitute Protected Material remain 19 subject to this Protective Order as set forth in Section 4 (DURATION), above. This 20 court shall retain jurisdiction in the event that a Designating Party elects to seek court 21 sanctions for violation of this Stipulation and its Order. 22 12. MISCELLANEOUS 23 12.1. Right to Further Relief. Nothing in this Stipulation and its Order 24 abridges the right of any person to seek its modification by the Court in the future. 25 12.2. Right to Assert Other Objections. By stipulating to the entry of a 26 Protective Order pursuant to this Stipulation, no Party waives any right it otherwise 27 would have to object to disclosing or producing any information or item on any 1 || right to object on any ground to use in evidence any of the material covered by this 2 || Stipulation and its Protective Order. 3 12.3. This Stipulation may be signed in counterpart and a facsimile or 4 || electronic signature shall be as valid as an original signature. 5 6 IT IS SO STIPULATED. 7 || Dated: January 23, 2025 MANNING & KASS 8 ELLROD, RAMIREZ, TRESTER LLP 9 . Eugene P. Ramirez, Esq. 11 Andrea K. Kornblau, Esq. Khouloud E. Pearson, Esq.! Attorneys for Defendants 13 14 Dated: January 23, 2025 THE LAW OFFICES OF CHRISTIAN IS CONTRERAS, A Professional Law Corporation 16 17 By: /s/ Christian Contreras 18 Christian Contreras, Esq. 19 Attorney for Plaintiff

20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 ||Dated: 1/29/2025 Wee Hon. Shashi H. Kewalramani, 24 U.S. Magistrate Judge 25 26 27 | Per Local Rule 5-4.3.4, as the filer of this document, J attest that all other signatories listed, and on whose behalf the 28 || filing is submitted, concur in the filing’s content and have authorized the filing.