1 MELISSA C. NOLD, ESQ., SBN 301378

NOLD LAW

2 Russo Building 3 521 Georgia Street, Vallejo, California 94590 4 Tel: (707)644-4004 Email: melissa@noldlaw.com 5 6 Attorney for Plaintiff

7 DERICK E. KONZ, ESQ., SB No. 286902 Email: dkonz@akk-law.com WILLIAM J. BITTNER, ESQ. No. 292056 Email: wbittner@akk-law.com 8

ANGELO, KILDAY & KILDUFF, LLP

9 Attorneys at Law 601 University Avenue, Suite 150 10 Sacramento, CA 95825 Telephone: (916) 564-6100 11 Telecopier: (916) 564-6263 12 Attorneys for Defendants CITY OF ROCKLIN and JEFFREY PAXTON 13

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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17 ) 18 ) 19 CAMERON CORONA, an individual, ) ) C ase No.: 2:24-cv-01178 CKD Plaintiff, ) 20 STIPULATED [PROPOSED] PROTECTIVE ) 21 v. ) O RDER ) 22 CITY OF ROCKLIN, a municipal ) WITH MODIFICATION BY THE COURT corporation; JEFFREY PAXTON, in his ) 23 individual capacity as a law enforcement ) Hon. Magistrate Judge Carolyn K. Delaney officer for the CITY OF ROCKLIN; and 24 DOES 1-25, inclusive,

25 Defendants. 26

27 28 1

I. PURPOSES AND LIMITATIONS

2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 10 below, that this Stipulated Protective Order does not entitle them to file confidential information 11 12 under seal; Civil Local Rule 141 sets forth the procedures that must be followed and the standards 13 that will be applied when a party seeks permission from the court to file material under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 21 well as their support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or items that it 23 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 24 2.5 Disclosure or Discovery Material: all items or information, regardless of the 25 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 1 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 2 consultant in this action. 3 2.7 House Counsel: attorneys who are employees of a party to this action. House 4 Counsel does not include Outside Counsel of Record or any other outside counsel. 5 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 6 entity not named as a Party to this action. 7 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 8 action but are retained to represent or advise a party to this action and have appeared in this action 9 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 10 2.10 Party: any party to this action, including all of its officers, directors, employees, 11 12 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 14 Material in this action. 15 2.12 Professional Vendors: persons or entities that provide litigation support services 16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 17 organizing, storing, or retrieving data in any form or medium) and their employees and 18 subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 20 “CONFIDENTIAL.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 28 However, the protections conferred by this Stipulation and Order do not cover the following 1 information: (a) any information that is in the public domain at the time of disclosure to a 2 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 3 result of publication not involving a violation of this Order, including becoming part of the public 4 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 5 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 6 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 7 use of Protected Material at trial shall be governed by a separate agreement or order. 8

9 4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations imposed by 11 12 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 13 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 14 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 15 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 16 including the time limits for filing any motions or applications for extension of time pursuant to 17 applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 20 or Non-Party that designates information or items for protection under this Order must take care 21 to limit any such designation to specific material that qualifies under the appropriate standards. 22 The Designating Party must designate for protection only those parts of material, documents, 23 items, or oral or written communications that qualify – so that other portions of the material, 24 documents, 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 that are 27 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 28 1 unnecessarily encumber or retard the case development process or to impose unnecessary 2 expenses and burdens on other parties) expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it designated 4 for protection do not qualify for protection, that Designating Party must promptly notify all other 5 Parties that it is withdrawing the mistaken designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 7 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 8 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 9 designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 12 (a) For information in documentary form (e.g., paper or electronic documents, but 13 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 14 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 15 portion or portions of the material on a page qualifies for protection, the Producing Party also 16 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 17 margins). 18 A Party or Non-Party that makes original documents or materials available for inspection 19 need not designate them for protection until after the inspecting Party has indicated which 20 material it would like copied and produced. During the inspection and before the designation, all 21 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 22 inspecting Party has identified the documents it wants copied and produced, the Producing Party 23 must determine which documents, or portions thereof, qualify for protection under this Order. 24 Then, before producing the specified documents, the Producing Party must affix the 25 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 26 portions of the material on a page qualifies for protection, the Producing Party also must clearly 27 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 28 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 1 Designating Party identify on the record, before the close of the deposition, hearing, or other 2 proceeding, all protected testimony. 3 (c) for information produced in some form other than documentary and for any other 4 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 5 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 6 portion or portions of the information or item warrant protection, the Producing Party, to the 7 extent practicable, shall identify the protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 9 designate qualified information or items does not, standing alone, waive the Designating Party’s 10 right to secure protection under this Order for such material. Upon timely correction of a 11 12 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 13 in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 16 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 17 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 18 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 19 challenge a confidentiality designation by electing not to mount a challenge promptly after the 20 original designation is disclosed. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 22 process by providing written notice of each designation it is challenging and describing the basis 23 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 24 notice must recite that the challenge to confidentiality is being made in accordance with this 25 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 26 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 27 forms of communication are not sufficient) within 14 days of the date of service of notice. In 28 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 1 designation was not proper and must give the Designating Party an opportunity to review the 2 designated material, to reconsider the circumstances, and, if no change in designation is offered, 3 to explain the basis for the chosen designation. A Challenging Party may proceed to the next stage 4 of the challenge process only if it has engaged in this meet and confer process first or establishes 5 that the Designating Party is unwilling to participate in the meet and confer process in a timely 6 manner. 7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 8 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 9 Civil Local Rule 230 (and in compliance with Civil Local Rule 141, if applicable) within 21 days 10 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 11 12 process will not resolve their dispute, whichever is earlier. Each such motion must be 13 accompanied by a competent declaration affirming that the movant has complied with the meet 14 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 15 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 16 shall automatically waive the confidentiality designation for each challenged designation. In 17 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 18 time if there is good cause for doing so, including a challenge to the designation of a deposition 19 transcript or any portions thereof. Any motion brought pursuant to this provision must be 20 accompanied by a competent declaration affirming that the movant has complied with the meet 21 and confer requirements imposed by the preceding paragraph. 22 The burden of persuasion in any such challenge proceeding shall be on the Designating 23 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 24 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 25 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 26 file a motion to retain confidentiality as described above, all parties shall continue to afford the 27 material in question the level of protection to which it is entitled under the Producing Party’s 28 designation until the court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 7

DISPOSITION).

8 Protected Material must be stored and maintained by a Receiving Party at a location and in 9 a secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 12 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 13 information or item designated “CONFIDENTIAL” only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 15 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 16 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that 17 is attached hereto as Exhibit A; 18 (b) the officers, directors, and employees (including House Counsel) of the Receiving 19 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 22 reasonably necessary for this litigation and who have signed the “Acknowledgment and 23 Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 1 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 2 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 4 bound by the court reporter and may not be disclosed to anyone except as permitted under this 5 Stipulated Protective Order. 6 (g) the author or recipient of a document containing the information or a custodian or other 7 person who otherwise possessed or knew the information. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 9

LITIGATION

10 If a Party is served with a subpoena or a court order issued in other litigation that compels 11 12 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 13 must: 14 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 15 of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 17 other litigation that some or all of the material covered by the subpoena or order is subject 18 to this Protective Order. Such notification shall include a copy of this Stipulated Protective 19 Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 21 Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with the 23 subpoena or court order shall not produce any information designated in this action as 24 “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued, 25 unless the Party has obtained the Designating Party’s permission. The Designating Party shall 26 bear the burden and expense of seeking protection in that court of its confidential material – and 27 nothing in these provisions should be construed as authorizing or encouraging a Receiving Party 28 in this action to disobey a lawful directive from another court. 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2

LITIGATION

3 (a) The terms of this Order are applicable to information produced by a Non-Party in this 4 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 5 connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 7 additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 9 Party’s confidential information in its possession, and the Party is subject to an agreement with 10 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 11 12 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 13 all of the information requested is subject to a confidentiality agreement with a 14 Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 16 in this litigation, the relevant discovery request(s), and a reasonably specific 17 description of the information requested; and 18 (3) make the information requested available for inspection by the Non-Party. 19 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 20 of receiving the notice and accompanying information, the Receiving Party may produce the Non- 21 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 22 a protective order, the Receiving Party shall not produce any information in its possession or 23 control that is subject to the confidentiality agreement with the Non-Party before a determination 24 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this court of its Protected Material. 26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 28 Material to any person or in any circumstance not authorized under this Stipulated Protective 1 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 2 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 3 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made 4 of all the terms of this Order, and (d) request such person or persons to execute the 5 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 7

MATERIAL

8 When a Producing Party gives notice to Receiving Parties that certain inadvertently 9 produced material is subject to a claim of privilege or other protection, the obligations of the 10 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 11 12 provision is not intended to modify whatever procedure may be established in an e-discovery 13 order that provides for production without prior privilege review. Pursuant to Federal Rule of 14 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 15 communication or information covered by the attorney-client privilege or work product 16 protection, the parties may incorporate their agreement in the stipulated protective order submitted 17 to the court. 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 20 seek its modification by the court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 22 Order no Party waives any right it otherwise would have to object to disclosing or producing any 23 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 24 Party waives any right to object on any ground to use in evidence of any of the material covered 25 by this Protective Order. 26 12.3 Filing Protected Material. Without written permission from the Designating Party 27 or a court order secured after appropriate notice to all interested persons, a Party may not file in 28 the public record in this action any Protected Material. A Party that seeks to file under seal any 1 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 2 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 3 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request establishing 4 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 5 to protection under the law. If a Receiving Party's request to file Protected Material under seal 6 pursuant to Civil Local Rule 141 is denied by the court, then the Receiving Party may file the 7 information in the public record pursuant to Civil Local Rule 141 unless otherwise instructed by 8 the court. 9

10 13. FINAL DISPOSITION 11 12 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 13 Receiving Party must return all Protected Material to the Producing Party or destroy such 14 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 15 compilations, summaries, and any other format reproducing or capturing any of the Protected 16 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 17 submit a written certification to the Producing Party (and, if not the same person or entity, to the 18 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 19 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 20 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 21 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 22 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 23 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 24 product, and consultant and expert work product, even if such materials contain Protected 25 Material. Any such archival copies that contain or constitute Protected Material remain subject to 26 this Protective Order as set forth in Section 4 (DURATION). 27

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

1 The undersigned attests that permission in the filing of this document(s) has been obtained 2 from the signatories below, which shall serve in lieu of the actual signatures on the document(s). 3

4 Date: February 7, 2025 Respectfully submitted, 5 NOLD LAW 6 /s/Melissa C. Nold

7 MELISSA C. NOLD

COUNSEL FOR PLAINTIFF

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9 Dated: February 7, 2025 ANGELO, KILDAY & KILDUFF, LLP 10 11 /s/ Derick E. Konz 12 DERICK E. KONZ Attorneys for Defendants CITY OF ROCKLIN and JEFFREY 13 PAXTON 14

15

ORDER

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17 The Court has reviewed the parties’ stipulated protective order. (ECF No. 13.) The 18 stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 19 141.1. The Court APPROVES the protective order, subject to the following clarification. The 20 Court’s Local Rules indicate that once an action is closed, it “will not retain jurisdiction over 21 enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f); see also, e.g., 22 MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) (noting that 23 courts in the district generally do not retain jurisdiction for disputes concerning protective orders 24 after closure of the case). Thus, the Court will not retain jurisdiction over this protective order 25 once the case is closed. 26 Further, this Stipulated Protective Order does not entitle a party to file confidential 27 information under seal. Local Rule 141 sets forth the procedures that must be followed and the 28 standards that will be applied when a party seeks permission from the Court to file material unde seal. If a party’s request to file confidential material under seal is denied by the Court, then the party may file the information in the public record unless otherwise instructed by the Court.

; Dated: February 27, 2025 ( aie } Ht | i } a — 6 CAROLYN K DELANEY , UNITED STATES MAGISTRATE JUDGE

8 g |] 5: coro.1187.24 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28