Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 1 of 14 Page ID #:115

1 James R. Touchstone, SBN 184584 jrt@jones-mayer.com 2 Denise L. Rocawich, SBN 232792 dlr@jones-mayer.com 3 JONES MAYER 3777 North Harbor Boulevard 4 Fullerton, CA 92835 Telephone: (714) 446-1400 5 Facsimile: (714) 446-1448

6 Attorneys for Defendant CITY OF FONTANA, OFFICER SANDOVAL, and OFFICER MEDINA 7 Greg L. Kirakosian, SBN 294580 8 greg@kirakosianlaw.com

KIRAKOSIAN LAW, APC

9 Historic Engine Co. No. 28

10 644 South Figueroa Street Los Angeles, California 90017-3411 11 Telephone: (213) 417-9790 Facsimile: (213) 477-2355 12 13 A ttorneys for Plaintiff, MOSES RUBINO

14 UNITED STATES DISTRICT CO URT 15

CENTRAL DISTRICT OF CALIFORNIA

16 17 MOSES RUBINO, an individual; Case No.: 5:22-cv-00072-JWH (SPx) 18 Magistrate Judge: Hon. Sheri Pym Plaintiff, 19 vs.

STIPULATED PROTECTIVE ORDER

20 CITY OF FONTANA; a public entity;

21 OFFICER SANDOVAL, an individual; OFFICER MEDINA, an individual; and 22 DOES 1 through 20 inclusive,

23 Defendants. 24

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1 STIPULATED PROTECTIVE ORDER

2 Pursuant to Federal Rule of Civil Procedure 26(c), Defendants CITY OF

3 FONTANA, OFFICER SANDOVAL and OFFICER RENDER and Plaintiff

4 MOSES RUBINO (collectively "the Parties"), by their undersigned counsel, agree

5 to be bound to the terms of the following Protective Order. The Parties represent

6 that pre-trial discovery in this case is likely to include the production of information

7 and/or documents that are confidential and/or privileged including the production of

8 peace officer personnel file information and/or documents which the Parties agree

9 includes: (1) Personal data, including marital status, family members, educational

10 and employment history, home addresses, or similar information; (2) Medical

11 history; (3) Election of employee benefits; (4) Employee advancement, appraisal, or

12 discipline; and (5) Complaints, or investigations of complaints, concerning an event

13 or transaction in which a peace officer participated, or which a peace officer

14 perceived, and pertaining to the manner in which the pea ce officer performed his or 15 her duties including compelled statements by peace officers. Defendants contend 16 that such information is privileged as official information. Sanchez v. City of Santa 17 Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 1990); see also Kerr v. United States Dist. 18 Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975), aff'd, 426 U.S. 394, 96 S.Ct. 19 2119, 48 L.Ed.2d 725 (1976). Further, discovery may require the production of 20 certain Fontana Police Department Policies and Procedures not available to the 21 public and the public disclosure of which could comprise officer safety, raise 22 security issues, and/or impede investigations. Peace officer personnel file 23 information and/or documents and security-sensitive policies and procedures are 24 hereinafter referred to as "Confidential Information". 25 Defendants contend that that public disclosure of such material poses a 26 substantial risk of embarrassment, oppression and/or physical harm to peace 27 officers whose Confidential Information is disclosed. The Parties further agree that 28 the risk of harm to peace officers is greater than with other government employees - 1 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 3 of 14 Page ID #:117

1 due to the nature of their profession. Finally, the Defendants contend that the 2 benefit of public disclosure of Confidential Information is minimal while the 3 potential disadvantages are great. 4 Accordingly, good cause exists for entry of this Protective Order to facilitate 5 pre-trial disclosure while assuring the safety of these sensitive disclosures. See Fed. 6 R. Civ. Proc. 26(c). 7 SO STIPULATED 8 Dated: March 31, 2022 Respectfully submitted, 9

10 JONES MAYER

11 By: /s/ Denise L. Rocawich 12 JAMES R. TOUCHSTONE 13 DENISE L. ROCAWICH Attorneys for Defendants City of 14 Fontana, Officer Sandoval, and Officer 15 Medina

16 DATED: March 31, 2022 KIRAKOSIAN LAW, APC 17

18 By: /s/Greg L. Kirakosian 19 GREG L. KIRAKOSIAN . Attorneys for Plaintiff 20 Moses Rubino

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1 PROTECTIVE ORDER 2 PER THE STIPULATION OF THE PARTIES AND GOOD CAUSE 3 APPEARING, IT IS HEREBY ORDERED that the terms and conditions of this 4 Protective Order shall govern the handling of Discovery Materials containing 5 Confidential Information in matter of Rubino v. City of Fontana et al. USCD Case 6 No. ED CV 22-00072 JWH (SP) ("the Litigation"): 7 1. Applicability of Order: This Order does not and will not govern any 8 trial proceedings in this Litigation, but will otherwise be applicable to and govern 9 the handling of documents, depositions, deposition exhibits, interrogatory 10 responses, responses to requests for admissions, responses to requests for 11 production of documents, and all other discovery obtained pursuant to the Federal 12 Rules of Civil Procedure by Plaintiff in connection with the Litigation (this 13 information hereinafter referred to as “Discovery Material”). 14 2. Designation of Material: Defendants may designate Discovery 15 Material that is in their possession, custody or control to be produced to Plaintiff as 16 “Confidential Information” under the terms of this Order if Defendants in good 17 faith reasonably believe that such Discovery Material contains non-public, 18 confidential material as defined in section 4 below. 19 3. Exercise of Restraint and Care in Designating Material for 20 Protection: When designating Discovery Material for protection as Confidential 21 Information under this Order, Defendants must take care to limit any such 22 designation to specific material that qualifies under the appropriate standards. Mass, 23 indiscriminate, or routinized designations are prohibited. 24 4. Confidential Information: For purposes of this Order, Confidential 25 Information is any information and/or documents that Defendants believe in good 26 faith to be Peace Officer Personnel File Information and/or Documents including: 27 (1) Personal data, including marital status, family members, educational and 28 employment history, home addresses, or similar information; (2) Medical history; - 3 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 5 of 14 Page ID #:119

1 (3) Election of employee benefits; (4) Employee advancement, appraisal, or 2 discipline; and (5) Complaints, or investigations of complaints, concerning an event 3 or transaction in which a peace officer participated, or which a peace officer 4 perceived, and pertaining to the manner in which the peace officer performed his or 5 her duties including compelled statements. Confidential Information is also any 6 Fontana Police Department Policies and Procedures not available to the public and 7 the public disclosure of which could comprise officer safety, raise security issues, 8 and/or impede investigations. 9 5. Designating Confidential Information: The designation of 10 Discovery Material as Confidential Information for purposes of this Order shall be 11 made in the following manner: 12 a. Documents: In the case of documents or other materials (apart from 13 depositions or other pre-trial testimony), designation shall be made by 14 stamping “Confidential” to each page containing any Confidential 15 Information. Any such stamp shall not overwrite or otherwise 16 obscure the text or images of any page. 17 b. Deposition and Other Proceedings: In the case of depositions or other 18 pre-trial testimony, designation of the portion of the transcript 19 (including exhibits) which contains Confidential Information shall be 20 made (i) by a statement to such effect on the record during the 21 proceeding in which the testimony is received, or (ii) by written notice 22 served on counsel of record in this Litigation within thirty (30) 23 business days after the receipt of the draft transcript of such deposition 24 or other pre-trial proceeding. However, before such thirty (30) day 25 period expires, all testimony, exhibits and transcripts of depositions or 26 other testimony shall be treated as Confidential Information. 27 Thereafter, only those portions properly designated shall be deemed 28 Confidential Information. - 4 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 6 of 14 Page ID #:120

1 c. Non-Written Materials: Any non-written Confidential Information 2 (e.g., videotape, audio tape, computer disk, etc.) may be designated 3 as such by labeling the outside of such non-written material 4 designated as “Confidential”. In the event Plaintiff generates any 5 “hard copy” transcription or printout from any such designated non- 6 written materials, the person who generates such “hard copy” 7 transcription shall take reasonable steps to maintain the 8 confidentiality of such materials. 9 6. Inadvertent Disclosure: The inadvertent failure to designate Discovery 10 Information as "Confidential" does not constitute a waiver of such claim and may be 11 remedied by prompt supplemental written notice upon discovery of the inadvertent 12 disclosure, with the effect that such Discovery Material will be subject to the 13 protections of this Order. Plaintiff shall exercise good faith efforts to ensure that 14 copies they make of Confidential Information produced to him, and copies made by 15 others who obtained such Confidential Information directly or indirectly from the 16 Plaintiff include the appropriate confidentiality legend, to the same extent that the 17 Confidential Information has been marked with the appropriate confidentiality 18 legend by the Defendants. 19 7. No Waiver of Privilege: Inadvertent disclosure of Confidential 20 Information or otherwise privileged information shall not constitute a waiver of, or 21 estoppel as to any claim of privilege. This Order is intended to provide the full 22 protection afforded by Federal Rule of Evidence 502(d). 23 8. Claw-Back: Pursuant to Federal Rule of Civil Procedure 26(b)(5), 24 upon learning it may have produced Confidential or otherwise privileged 25 Information, Defendants shall, within ten (10) days of such discovery, request the 26 return of such Information in writing by identifying the Confidential or otherwise 27 privileged Information and stating the basis on which the Information should be 28 withheld from production. After being notified, Plaintiff must promptly return, - 5 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 7 of 14 Page ID #:121

1 sequester, or destroy the Confidential or otherwise privileged Information and any 2 copies, must not use or disclose the Information until the claim is resolved and 3 must take reasonable steps to retrieve the Confidential or otherwise privileged 4 Information if he disclosed the Information before being notified. If Plaintiff 5 disputes Defendants' claim of confidentiality or privilege, they shall notify the 6 Defendant claiming confidentiality of the dispute and the basis therefore in writing 7 within thirty (30) days of receipt of the request for the return of the Confidential or 8 otherwise privileged Information. The Plaintiff and the Defendant claiming 9 confidentiality shall meet and confer in good faith regarding the disputed claim 10 within thirty (30) days. In the event that the Plaintiff and the Defendant claiming 11 confidentiality do not resolve their dispute, either party may bring a motion for a 12 determination of whether a privilege applies in compliance with Local Rule 37. If 13 such a motion is made, the Defendant claiming confidentiality shall submit to the 14 Court for in camera review under seal a copy of the disputed Information in 15 connection with its motion papers. The submission to the Court shall not constitute 16 a waiver of any privilege or protection. Defendants must preserve the Information 17 claimed to be privileged or otherwise protected until the claim is resolved. 18 9. Notes of Confidential Information: Any notes, lists, memoranda, 19 indices, compilations prepared or based on an examination of Confidential 20 Information that quote from or paraphrase, Confidential Information with such 21 specificity that the Confidential Information can be identified, or by reasonable 22 logical extension can be identified, shall be accorded the same status of 23 confidentiality as the underlying Confidential Information from which they are 24 made and shall be subject to all of the terms of this Order. 25 10. Persons Authorized to Receive Confidential Information: 26 Discovery Material designated “Confidential” may be disclosed, summarized, 27 described, characterized or otherwise communicated or made available in whole or 28 in part only to the following persons: - 6 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 8 of 14 Page ID #:122

1 a. The Court, persons employed by the Court who are necessary for the 2 handling of the Litigation, and court reporters transcribing the 3 testimony or argument at a hearing, trial or deposition in this 4 Litigation or any appeal there from; 5 b. Counsel of record in this Litigation, as well as paralegals, technical, 6 administrative and clerical employees working under the direct 7 supervision of such counsel; 8 c. Experts or consultants assisting any counsel of record in this 9 Litigation, provided such experts and consultants agree to be bound 10 by the terms and conditions set forth in the “Agreement Concerning 11 Information Covered by Protective Order” attached hereto as 12 Exhibit "A" prior to the time such information is disclosed; and 13 d. Any other person, only upon order of the Court or upon stipulation 14 of the Parties, and who agrees to be bound by the terms and conditions 15 set forth in the “Agreement Concerning Information Covered by 16 Protective Order” attached hereto as Exhibit "A" prior to the time such 17 Information is disclosed. However, under no circumstances shall 18 home addresses or telephone numbers of individual Defendants be 19 provided to Plaintiff. 20 11. Use of Confidential Discovery Material: Discovery Material 21 containing Confidential Information shall be used solely for purposes of the 22 Litigation, including any appeal and re-trial. Any person or entity in possession of 23 Discovery Material designated Confidential shall maintain those materials in 24 accordance with Paragraph (storage) below. 25 12. Storage of Confidential Information: The recipient of any 26 Confidential Information that is provided under this Protective Order shall maintain 27 such information in a reasonably secure and safe manner that ensures that access is 28 limited to the persons authorized under this Order. - 7 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 9 of 14 Page ID #:123

1 13. Filing of Confidential Information: Without written permission from 2 Defendants or a Court order, Plaintiff may not file in the public record in this action 3 any Confidential Information. Filing this information in the public record must 4 occur with an application to file under seal in compliance with Local Rule 79-5 5 when seeking to file Confidential Information under seal. Confidential Information 6 may only be filed under seal pursuant to a court order authorizing the sealing of the 7 specific Confidential Information at issue. 8 As for any other information disclosed during discovery and marked 9 “Confidential” that either party wishes to file in the public record in this action in 10 support of or in opposition to any motion, the parties shall specifically identify any 11 such documents and seek a stipulation concerning any sealing requirement 12 therefore during the parties Local Rule 7-3 conference of counsel. If no agreement 13 can be reached, the party advancing the “confidential” designation bears the 14 burden of moving to have those documents sealed by the court. 15 14. No Prejudice: Agreeing to be bound by this Protective Order, 16 agreeing to and/or producing or receiving Confidential Information or otherwise 17 complying with the terms of this Order shall not: 18 a. Prejudice in any way the rights of Defendants to object to the 19 production of documents it considers not subject to discovery, or 20 operate as an admission by Defendants that the restrictions and 21 procedures set forth herein constitute adequate protection for any 22 particular information deemed by Defendants to be Confidential 23 Information; 24 b. Prejudice in any way the rights of Defendants to object to the 25 authenticity or admissibility into evidence of any document, 26 testimony or other evidence subject to this Order; 27 c. Prejudice in any way the rights of Defendants to seek a determination 28 by the Court whether any Confidential Information should be subject - 8 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 10 of 14 Page ID #:124

1 to the terms of this Order; 2 15. Challenging Designation of Information: Plaintiff may challenge the 3 propriety of a Confidential Information designation by providing to the Defendant 4 claiming confidentiality a writing which briefly: (i) identifies with reasonable 5 particularity the documents and/or information which are the subject of the 6 challenge; and (ii) describes the basic legal or factual grounds for the challenge. 7 Once a challenge is made, the Defendant claiming confidentiality will bear the 8 burden of initiating and conducting a sufficient meet and confer (per Local Rule 37- 9 1); and, if necessary, Defendant claiming confidentiality will bear the burdens of 10 proof and persuasion in moving for a Protective Order (per Local Rule 37-2) to 11 uphold the challenged Confidential Information designation(s). Until the Court 12 rules on the timely filed Motion for Protective Order, all parties shall continue to 13 afford the material in question the level of protection to which it is entitled under 14 the claiming Defendants’ designation. 15 16. Additional Parties or Attorneys: In the event additional parties join 16 or intervene in this action, the newly joined party(ies) shall not have access to 17 Confidential Information until its counsel has executed an agreement to be fully 18 bound by this Order. If any additional attorneys make appearances in this 19 Litigation, those attorneys shall not have access to Confidential Information until 20 they execute the “Agreement Concerning Information Covered by Protective 21 Order” attached hereto as Exhibit "A". 22 17. Protective Order Remains in Force: This Protective Order shall 23 remain in force and effect until modified, superseded, or terminated by consent of 24 the Parties or by order of the Court made upon reasonable written notice. Unless 25 otherwise ordered, or agreed upon by the parties, this Protective Order shall survive 26 the termination of this action. The Court retains jurisdiction even after termination 27 of this action to enforce this Protective Order and to make such amendments, 28 modifications, deletions and additions to this Protective Order as the Court may - 9 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 11 of 14 Page ID #:125

1 from time to time deem appropriate. 2 18. Conclusion of Litigation: Within ninety (90) days after receiving 3 notice of the entry of an order, judgment or decree finally disposing of this 4 Litigation, all persons having received Confidential Information shall either return 5 such material and all copies thereof to the counsel of the Defendant who designated 6 the information as Confidential or destroy all such Confidential Information 7 including the Confidential Information Plaintiff provided to other persons. In either 8 case, counsel for Plaintiff must certify that fact to the counsel of the Defendant who 9 designated the information as Confidential. 10 19. Redaction Allowed: Defendants may redact Confidential Information 11 from documents and things produced to the extent that such information consists of 12 personal identifying information of third parties per Federal Rule of Civil Procedure 13 5.2 and Central District Local Rule 5.2-1 and/or personal identifying information of 14 peace officers or their family members, such as ID numbers, phone numbers, 15 addresses, or medical history which is unrelated to any claim or defense raised in 16 the instant action. Defendants shall mark each thing where matter has been redacted 17 with a legend stating “REDACTED,” as appropriate, or a comparable notice. 18 20. Violations of Protective Order: In the event that any person or party 19 should violate the terms of this Protective Order, the aggrieved party should apply 20 to the Court obtain relief against any such person or party violating or threatening 21 to violate any of the terms of this Protective Order. 22 // 23 // 24 // 25 // 26 // 27 // 28 // - 10 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 12 of 14 Page ID #:126

1 In the event that the aggrieved party seeks injunctive relief, it must petition 2 the District Judge for such relief, which may be granted at the sole discretion of the 3 District Judge. 4 5 IT IS SO ORDERED. 6 7 Dated: April 7, 2022 8 9 _____________________________ Hon. Sheri Pym 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 11 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 13 of 14 Page ID #:127

1 EXHIBIT "A"TO STIPULATED PROTECTIVE ORDER

2

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

4 MOSES RUBINO, an individual; Case No: ED CV 22-00072 JWH (SP) 5

AGREEMENT CONCERNING

6 Plaintiff, INFORMATION COVERED BY vs. STIPULATED PROTECTIVE 7 ORDER CITY OF FONTANA et al., 8

Defendants. 9 10

11 12 1. I, __________________________________, hereby acknowledge that 13 I have received a copy of the Stipulated Protective Order entered in this Litigation 14 [Case No: ED CV 22-00072 JWH (SP)] by the United States District Court for the 15 Central District of California (hereinafter, “the Protective Order”). 16 2. I have either read the Protective Order or have had the terms of the 17 Protective Order explained to me by my attorney. 18 3. I understand the terms of the Protective Order and agree to comply 19 with and to be bound by such terms. 20 4. If I receive documents or information designated as Confidential 21 Information (as that term is defined in the Protective Order), I understand that such 22 Information is provided to me pursuant to the terms and restrictions of the 23 Protective Order. 24 5. I agree to hold in confidence and not further disclose or use for any 25 purpose (other than is permitted by the Protective Order) any Confidential 26 Information disclosed to me pursuant to the terms of the Protective Order. 27 6. I hereby submit myself to the jurisdiction of the United States District 28 Court for the Central District of California for resolution of any matters pertaining - 12 - [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:22-cv-00072-JWH-SP Document 17 Filed 04/07/22 Page 14 of 14 Page ID #:128

1 to the Protective Order. 2 3 My address is:____________________________________ 4 5 My present employer is: ________________________________ 6 7 Dated: ______________ 8 9 10 Signed: _________________________

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