Case 2:21-cv-07293-FMO-AFM Document 61 Filed 06/23/22 Page 1 of 17 Page ID #:452

1 STEVEN J. ROTHANS-STATE BAR NO. 106579

KATRINA J. VALENCIA-STATE BAR NO. 230931

2 CARPENTER, ROTHANS & DUMONT LLP 500 S. Grand Avenue, 19th Floor 3 Los Angeles, CA 90071 (213) 228-0400 / (213) 228-0401 (Fax) 4 srothans@crdlaw.com; kvalencia@crdlaw.com

5 Attorneys for Defendant, CITY OF BALDWIN PARK, a Public Entity 6 7 8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10

11 ANTHONY ROMERO, an Individual. ) Case No. 2:21-cv-07293-FMO-AFM ) 12 Plaintiff. ) STIPULATED PROTECTIVE ) ORDER 13 v. ) ) 14 CITY OF BALDWIN PARK, a ) Municipal Entity, OFFICER RYAN ) 15 FELTON, SERGEANT JOSEPH ) MEISTER, AND DOES 1 through 10, ) 16 Inclusive. ) ) 17 Defendants. ) ) 18

19 Plaintiff ANTHONY ROMERO ("Plaintiff"), and Defendants CITY OF 20 BALDWIN PARK, a public entity, and Sergeant JOSEPH MEISTER and Officer 21 RYAN FELTON, public employees, ("Defendants") the parties in this action – by 22 and through their respective counsel of record, hereby stipulate and respectfully 23 request that the Court enter a protective order re confidential documents in this 24 matter [pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. Cal., 25 Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] – as follows: 26 // 27 28 // -1-

STIPULATED PROTECTIVE ORDER

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1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this 6 Order does not confer blanket protections on all disclosures or responses to 7 discovery and that the protection it affords from public disclosure and use extends 8 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 10 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 11 file confidential information under seal; Civil Local Rule 79-5 sets forth the 12 procedures that must be followed and the standards that will be applied when a party 13 seeks permission from the court to file material under seal. 14 However, the parties stipulate that all medical records and personnel records 15 (“Confidential Materials”) will not be distributed or conveyed, in any fashion, 16 whether by original copy, summary, note, or verbal reference, to any individual that 17 is not a named party to this litigation or counsel of record in this action, and that all 18 such records will be destroyed at the close of litigation. The only exception to this 19 stipulation is for experts retained by the parties. All such experts will be required to 20 sign Exhibit “A” hereto stipulating they will not convey or otherwise distribute, in 21 any fashion, any medical records or personnel information to any other individual 22 and that all such records will be destroyed at the close of litigation. 23 24 B. GOOD CAUSE STATEMENT 25 This action is likely to involve confidential peace officer personnel file 26 documents, plaintiff’s medical records, as well as personal identifying information of third-party witnesses (i.e. addresses, telephone numbers, etc.), for which special 27 protection from public disclosure and from use for any purpose other than 28 -2-

STIPULATED PROTECTIVE ORDER

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1 prosecution of this action is warranted. Such confidential and proprietary materials 2 and information consist of, among other things, personnel file information; 3 plaintiffs’ confidential medical and/or psychotherapeutic treatment information; and 4 personal identifying information of any third-party witnesses, otherwise generally 5 unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. 6 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 7 of disputes over confidentiality of discovery materials, to adequately protect 8 information the parties are entitled to keep confidential, to ensure that the parties are 9 permitted reasonable necessary uses of such material in preparation for and in the 10 conduct of trial, to address their handling at the end of the litigation, and serve the 11 ends of justice, a protective order for such information is justified in this matter. It 12 is the intent of the parties that information will not be designated as confidential for 13 tactical reasons and that nothing be so designated without a good faith belief that it 14 has been maintained in a confidential, non-public manner, and there is good cause 15 why it should not be part of the public record of this case. By stipulating to the terms 16 herein parties do not waive any objections to the production of records nor does this 17 stipulation require the production of all records absent objection. 18 19 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 20 SEAL 21 The parties further acknowledge, as set forth in Section 12.3, below, that 22 this Stipulated Protective Order does not entitle them to file confidential 23 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 24 be followed and the standards that will be applied when a party seeks permission 25 from the court to file material under seal. 26 There is a strong presumption that the public has a right of access to 27 judicial proceedings and records in civil cases. In connection with non-dispositive 28 motions, good cause must be shown to support a filing under seal. See Kamakana -3-

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1 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 2 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 3 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 4 protective orders require good cause showing), and a specific showing of good 5 cause or compelling reasons with proper evidentiary support and legal 6 justification, must be made with respect to Protected Material that a party seeks to 7 file under seal. The parties’ mere designation of Disclosure or Discovery 8 Material as CONFIDENTIAL does not— without the submission of competent 9 evidence by declaration, establishing that the material sought to be filed under 10 seal qualifies as confidential, privileged, or otherwise protectable—constitute 11 good cause. 12 Further, if a party requests sealing related to a dispositive motion or trial, then 13 compelling reasons, not only good cause, for the sealing must be shown, and the relief 14 sought shall be narrowly tailored to serve the specific interest to be protected. See 15 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed or introduced under 16 seal in connection with a dispositive motion or trial, the party seeking protection must 17 articulate compelling reasons, supported by specific facts and legal justification, for 18 the requested sealing order. Again, competent evidence supporting the application to 19 file documents under seal must be provided by declaration. 20 Any document that is not confidential, privileged, or otherwise protectable in 21 its entirety will not be filed under seal if the confidential portions can be redacted. If 22 documents can be redacted, then a redacted version for public viewing, omitting only 23 the confidential, privileged, or otherwise protectable portions of the document, shall 24 be filed. Any application that seeks to file documents under seal in their entirety 25 should include an explanation of why redaction is not feasible. 26 2. DEFINITIONS 27 2.1 Action: This pending federal lawsuit in Anthony Romero, et al. v. City 28 of Baldwin Park, et al., case no. 2:21-cv-07293-FMO-AFM. -4-

STIPULATED PROTECTIVE ORDER

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1 2.2 Challenging Party: a Party or Non-Party that challenge the designation 2 of information or items under this Order. 3 2.3 “CONFIDENTIAL” Information or Items: Information or Items: 4 information (regardless of how it is generated, stored or maintained) or tangible 5 things that qualify for protection under Federal Rule of Civil Procedure 26(c), California Government Code section 6254, California Evidence Code sections 1043 6 through 1045 and California Penal Code section 832.5, et seq., and as specified 7 above in the Purposes and Limitations and Good Cause Statement. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 9 their support staff). 10 2.5 Designating Party: a Party or Non-Party that designates information or 11 items that it produces in disclosures or in responses to discovery as 12 “CONFIDENTIAL.” 13 2.6 Disclosure or Discovery Material: all items or information, regardless of 14 the medium or manner in which it is generated, stored, or maintained (including, 15 among other things, testimony, transcripts, and tangible things), that are produced or 16 generated in disclosures or responses to discovery in this matter. 17 2.7 Expert: a person with specialized knowledge or experience in a matter 18 pertinent to the litigation who has been retained by a Party or its counsel to serve as 19 an expert witness or as a consultant in this Action. 20 2.8 House Counsel: attorneys who are employees of a party to this Action. 21 House Counsel does not include Outside Counsel of Record or any other outside 22 counsel. 23 2.9 Non-Party: any natural person, partnership, corporation, association or 24 other legal entity not named as a Party to this action. 25 2.10 Outside Counsel of Record: attorneys who are not employees of a party 26 to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm that 27 has appeared on behalf of that party, and includes support staff. 28 -5-

STIPULATED PROTECTIVE ORDER

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1 2.11 Party: any party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel of Record (and their 3 support staffs). 4 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation 6 support services (e.g., court reporting, photocopying, videotaping, translating, 7 preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any 8 form or medium) and their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL” and all Confidential Material under 2:16 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery 12 Material from a Producing Party. 13 2.16 Confidential Material: all medical records and personnel files of any 14 party under California Government Code section 6254, California Evidence Code 15 sections 1043 through 1045 and California Penal Code section 832.5, et seq 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or extracted 19 from Protected Material; (2) all copies, excerpts, summaries, or 20 compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations, or verbal communications by Parties or their Counsel that might reveal 22 Protected Material by Parties or their Counsel that might reveal Protected Material. 23 Any use of Protected Material at trial shall be governed by the orders of the 24 trial judge. This Order does not govern the use of Protected Material at trial. 25 4. DURATION 26 A. Disposition Prior to Trial Should this matter resolve prior to trial, the confidentiality obligations 27 imposed by this Order shall remain in effect until a Designating Party agrees 28 -6-

STIPULATED PROTECTIVE ORDER

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1 otherwise in writing or a court order otherwise directs. Final disposition shall be 2 deemed the dismissal of all claims and defenses in this Action, with or without 3 prejudice, and the entry of a judgment herein. Upon final disposition all 4 Confidential Material shall be destroyed. 5 B. Trial 6 Once a case proceeds to trial, all of the court-filed information that is to be 7 introduced that was previously designated as confidential or maintained pursuant to 8 this protective Order, not including Confidential Materials, becomes public and will 9 be presumptively available to all members of the public, including the press, unless 10 compelling reasons supported by specific factual findings to proceed otherwise are 11 made to the trial judge in advance of the trial. See, Hagestad v. Tragesser, 49 F.3d 12 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc. v. U.S. District Court – 13 Northern District, 187 F.3d 1096, 1102 (9th Cir. 1999); Kamakana v. City of and 14 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)[distinguishing “good 15 cause” showing for sealing documents produced in discovery from “compelling 16 reasons” standard when merits-related documents are part of court record]. 17 Accordingly, the terms of this protective order do not extend beyond the 18 commencement of the trial as to those documents introduced at trial only. 19 Documents not introduced at trial or documents entered under seal shall remain 20 confidential until a Designating Party agrees otherwise in writing or a court order 21 otherwise directs. 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under this 24 Order must take care to limit any such designation to specific material that qualifies 25 under the appropriate standards. The Designating Party must designate for protection 26 only those parts of material, documents, items or oral or written communications that 27 qualify so that other portions of the material, documents, items or communications 28 -7-

STIPULATED PROTECTIVE ORDER

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1 for which protection is not warranted are not swept unjustifiably within the ambit of 2 this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party 6 to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in 11 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 under this Order must be clearly so designated before the material is disclosed or 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum 19 the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each 20 page that contains protected material. If only a portion of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected 22 portion(s) (e.g., by making appropriate markings in the margins). All Confidential 23 Materials shall be deemed confidential regardless of designation. 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 28 -8-

STIPULATED PROTECTIVE ORDER

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1 it wants copied and produced, the Producing Party must determine which documents, 2 or portions thereof, qualify for protection under this Order. Then, before producing 3 the specified documents, the Producing Party must affix the “CONFIDENTIAL 4 legend” to each page that contains Protected Material. If only a portion of the material 5 on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 6 (b) for testimony given in depositions that the Designating Party identifies 7 the Disclosure or Discovery Material on the record, before the close of the deposition 8 all protected testimony. 9 (c) for information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify the protected 14 portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 23 designation of confidentiality at any time that is consistent with the Court’s 24 Scheduling Order other than Confidential Materials. 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process under Local Rule 37-1 et seq. 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 27 joint stipulation pursuant to Local Rule 37-2. 28 -9-

STIPULATED PROTECTIVE ORDER

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1 6.4 The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 4 may expose the Challenging Party to sanctions. Unless the Designating Party has 5 waived or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the 6 Producing Party’s designation until the Court rules on the challenge. 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 10 Action only for prosecuting, defending or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under the 12 conditions described in this Order which include named Parties, Counsel of Record 13 that have appeared in this Action on behalf of a Party, House Counsel, and experts 14 that have signed Exhibit “A”. When the Action has been terminated, a Receiving 15 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Counsel of Record in this Action, as well as 24 employees of said Counsel of Record to whom it is reasonably necessary to disclose 25 the information for this Action and House Counsel; 26 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 27 (c) Experts (as defined in this Order) of the Receiving Party to whom 28 -10-

STIPULATED PROTECTIVE ORDER

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1 disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (d) the court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (g) the author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew the information; 9 (h) during their depositions, witnesses, and attorneys for witnesses, in the 10 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 11 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 12 not be permitted to keep any confidential information unless they sign the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A) and it is agreed by the 14 Designating Party or ordered by the court. Pages of transcribed deposition 15 testimony or exhibits to depositions that reveal Protected Material may be separately 16 bound by the court reporter and may not be disclosed to anyone except as permitted 17 under this Stipulated Protective Order; and 18 (i) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 Notwithstanding the aforementioned specified categories of persons and 21 circumstances, all documents designated CONFIDENTIAL and their contents, 22 including and especially, but not limited to, Confidential Material, documents and 23 depositions under seal containing the identities of witnesses, employees/personnel 24 and consultants shall expressly be deemed “Attorneys' Eyes Only,” meaning its 25 disclosure shall be limited only to counsel for the parties in addition to the 26 aforementioned specified categories of persons and circumstances. // 27 // 28 -11-

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1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 6 shall include a copy of the subpoena or court order; 7 (b) promptly notify in writing the party who caused the subpoena or order 8 to issue in the other litigation that some or all of the material covered by the subpoena 9 or order is subject to this Protective Order. Such notification shall include a copy of 10 this Stipulated Protective Order; and 11 (c) cooperate with respect to all reasonable procedures sought to be pursued 12 by the Designating Party whose Protected Material may be affected. 13 If the Designating Party timely seeks a protective order, the Party served with 14 the subpoena or court order shall not produce any information designated in this action 15 as “CONFIDENTIAL” before a determination by the court from which the subpoena 16 or order issued, unless the Party has obtained the Designating Party’s permission. The 17 Designating Party shall bear the burden and expense of seeking protection in that court 18 of its confidential material and nothing in these provisions should be construed as 19 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 20 directive from another court. 21 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 22 BE PRODUCED IN THIS LITIGATION 23 (a) The terms of this Order are applicable to information produced by a Non- 24 Party in this Action and designated as “CONFIDENTIAL.” Such information 25 produced by Non-Parties in connection with this litigation is protected by the remedies 26 and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 27 (b) In the event that a Party is required, by a valid discovery request, to produce 28 -12-

STIPULATED PROTECTIVE ORDER

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1 a Non-Party’s confidential information in its possession, and the Party is subject to an 2 agreement with the Non-Party not to produce the Non-Party’s confidential 3 information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non-Party 5 that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the 10 Non-Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 15 any information in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. Absent a court 17 order to the contrary, the Non-Party shall bear the burden and expense of seeking 18 protection in this court of its Protected Material. 19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 25 persons to whom unauthorized disclosures were made of all the terms of this Order, 26 and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 27 // 28 -13-

STIPULATED PROTECTIVE ORDER

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1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever 6 procedure may be established in an e-discovery order that provides for production 7 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), 8 insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work 10 product protection, the parties may incorporate their agreement in the stipulated 11 protective order submitted to the court. 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 14 person to seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this 16 Protective Order, no Party waives any right it otherwise would have to object to 17 disclosing or producing any information or item on any ground not addressed in this 18 Stipulated Protective Order. Similarly, no Party waives any right to object on any 19 ground to use in evidence of any of the material covered by this Protective Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any 21 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 22 only be filed under seal pursuant to a court order authorizing the sealing of the specific 23 Protected Material at issue. If a Party’s request to file Protected Material under seal 24 is denied by the court, then the Receiving Party may file the information in the public 25 record unless otherwise instructed by the court. 26 13. FINAL DISPOSITION Within 60 days of the final disposition of this Action, as defined in paragraph 27 4, each Receiving Party must return all Protected Material to the Producing Party or 28 -14-

STIPULATED PROTECTIVE ORDER

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1 destroy such material. As used in this subdivision, “all Protected Material” includes 2 all copies, abstracts, compilations, summaries, and any other format reproducing or 3 capturing any of the Protected Material. Whether the Protected Material is returned or 4 destroyed, the Receiving Party must submit a written certification to the Producing 5 Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 6 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 7 any copies, abstracts, compilations, summaries or any other format reproducing or 8 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 9 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 10 and hearing transcripts, legal memoranda, correspondence, deposition and trial 11 exhibits, expert reports, attorney work product, and consultant and expert work 12 product, even if such materials contain Protected Material. Any such archival copies 13 that contain or constitute Protected Material remain subject to this Protective Order as 14 set forth in Section 4 (DURATION). 15 14. VIOLATION 16 Any violation of this Order may be punished by appropriate measures 17 including, without limitation, contempt proceedings and/or monetary sanctions. 18 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20

21 DATED: June 23, 2022 CARPENTER, ROTHANS & DUMONT LLP 22 23 By: /s/ Katrina J. Valencia 24 STEVEN J. ROTHANS

KATRINA J. VALENCIA

25 Attorneys for Defendant 26 CITY OF BALDWIN PARK, a Public Entity

27

28

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1 ||} DATED: June 23, 2022 HAIGHT BROWN & BONESTEEL By: /s/ /s/ 3 KEVIN OSTERBERG 4 Attorneys for Defendant SERGEANT JOSEPH MEISTER, a public 5 employee 6 ||DATED: June 23, 2022 JONES & MAYER By: 4/ /s/ 8 JAMES R. TOUCHSTONE 9 MELISSA M. BALLARD Attorneys for Defendant 10 OFFICER RYAN FELTON, a public 11 employee 12 Date: June 23, 2022 THE OUCHI LAW FIRM, A.P.C. 13 14 By: // /s/ 15 WESLEY G. OUCHI Counsel for Plaintiff, 16 ANTHONY ROMERO

M7 ATTESTATION CLAUSE

18 19 Pursuant to Local Rule 5-4.3.4(a)(2)(i), the ECF filer set forth below, Katrina J. Valencia, attests that all other signatories listed, and on whose behalf the filing is 20 || submitted, concur in the filing’s content and have authorized the filing. 21 Dated: June 23, 2022 By: [sf Katrina J. Valencia, 22 Katrina J. Valencia 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 DATED: 6/23/2022 25 | Be Mack — 27 | HON. ALEXANDER F. MacKINNON 28 || United States Magistrate Judge -16-

TIPULATED PROTECTIVE ORDER

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EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3 I, [print or type full name], of 4 [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on [date] in the case of Anthony Romero, et al. v. City of Baldwin Park, et 8 al., case no. 2:21-cv-07293-FMO-AFM]. I agree to comply with and to be bound by 9 all the terms of this Stipulated Protective Order and I understand and acknowledge 10 that failure to so comply could expose me to sanctions and punishment in the nature 11 of contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person 13 or entity except in strict compliance with the provisions of this Order. I further agree 14 to submit to the jurisdiction of the United States District Court for the Central District 15 of California for enforcing the terms of this Stipulated Protective Order, even if such 16 enforcement proceedings occur after termination of this action. I hereby appoint [print or type full name] of 17 [print or type full address 18 and telephone number] as my California agent for service of process in connection 19 with this action or any proceedings related to enforcement of this Stipulated 20 Protective Order. 21 Date: _______________________________________ 22 City and State where sworn and signed: _______________________________ 23

24 Printed name: 25

26 Signature: 27 28 -17-

STIPULATED PROTECTIVE ORDER