Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 1 of 19 Page ID #:192

1 BARRETT S. LITT, SBN 45527 blitt@mbllegal.com 2

LINDSAY BATTLES, SBN 262862

lbattles@mbllegal.com 3

MCLANE, BEDNARSKI & LITT, LLP

4 975 E. Green Street Pasadena, California 91106 5 Telephone: (626) 844-7660 Facsimile: (626) 844-7670 6

SCOTT B. RAPKIN, SBN 261867

7 scottrapkin@rapkinesq.com 8 MICHAEL S. RAPKIN, SBN 67220 msrapkin@gmail.com 9 RAPKIN & ASSOCIATES, LLP 475 Washington Blvd. 10 Marina del Rey, California 90292 Telephone: (310) 319-5465 11 Facsimile: (310) 306-1339 12 Attorneys for Plaintiff AGUSTIN HERRERA 13

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16

17 AGUSTIN HERRERA, on behalf of CASE NO. CV 22-1013-FWS-PDx 18 himself and others similarly situated,

19 Plaintiff, [Hon. Patricia Donahue]

DISCOVERY MATTER

20 21 vs. STIPULATED PROTECTIVE

ORDER1

22 COUNTY OF LOS ANGELES, et al. 23 Complaint Filed: February 14, 2022 24 TRIAL: TBD Defendants. 25 26

27 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Patricia Donahue’s Procedures. Changes by the parties have been tracked 28 in a copy submitted to the Court. Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 2 of 19 Page ID #:193

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 be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action arises from alleged conditions of confinement in juvenile detention 13 facilities operated by the Los Angeles County Department of Probation. Discovery 14 in this case will necessarily involve disclosure of confidential information 15 concerning youth currently and previously confined to juvenile detention facilities, 16 for which special protection from public disclosure and from use for any purpose 17 other than prosecution of this action is warranted. Such confidential and proprietary 18 materials and information consist of, among other things, electronic database 19 information reflecting the identities of youth confined to detention facilities and 20 details of their confinement, documents and electronic records potentially reflecting 21 (directly or indirectly) access to medical and mental health care, documents and 22 records containing information about juvenile court proceedings, and other 23 documents that are protected by law and potentially implicate the privacy rights of 24 juvenile detainees and their families. This information is otherwise generally 25 unavailable to the public, and/or may be privileged or otherwise protected from 26 disclosure under state or federal statutes, court rules, case decisions, or common law. 27 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 28 of disputes over confidentiality of discovery materials, to adequately protect 2 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 3 of 19 Page ID #:194

1 information the parties are entitled to keep confidential, to ensure that the parties are 2 permitted reasonable necessary uses of such material in preparation for and in the 3 conduct of trial, to address their handling at the end of the litigation, and serve the 4 ends of justice, a protective order for such information is justified in this matter. It is 5 the intent of the parties that information will not be designated as confidential for 6 tactical reasons and that nothing be so designated without a good faith belief that 7 it has been maintained in a confidential, non-public manner, and there is good cause 8 why it should not be part of the public record of this case. 9 10 11 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information 14 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 15 the standards that will be applied when a party seeks permission from the court to 16 file material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 21 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 22 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 23 good cause showing), and a specific showing of good cause or compelling reasons 24 with proper evidentiary support and legal justification, must be made with respect to 25 Protected Material that a party seeks to file under seal. The parties’ mere designation 26 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 27 submission of competent evidence by declaration, establishing that the material 28 sought to be filed under seal qualifies as confidential, privileged, or otherwise 3 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 4 of 19 Page ID #:195

1 protectable—constitute good cause. 2 Further, if a party requests sealing related to a dispositive motion or trial, then 3 compelling reasons, not only good cause, for the sealing must be shown, and the 4 relief sought shall be narrowly tailored to serve the specific interest to be protected. 5 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 6 item or type of information, document, or thing sought to be filed or introduced under 7 seal in connection with a dispositive motion or trial, the party seeking protection 8 must articulate compelling reasons, supported by specific facts and legal 9 justification, for the requested sealing order. Again, competent evidence supporting 10 the application to file documents under seal must be provided by declaration. 11 Any document that is not confidential, privileged, or otherwise protectable in 12 its entirety will not be filed under seal if the confidential portions can be redacted. If 13 documents can be redacted, then a redacted version for public viewing, omitting only 14 the confidential, privileged, or otherwise protectable portions of the document, shall 15 be filed. Any application that seeks to file documents under seal in their entirety 16 should include an explanation of why redaction is not feasible. 17 18 2. DEFINITIONS 19 2.1 Action: Augustin Herrera v. County of Los Angeles, 22-cv- 20 01013 (PA-PD). 21 2.2 Challenging Party: a Party or Non-Party that challenges 22 the designation of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for 25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 26 Good Cause Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 28 their support staff). 4 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 5 of 19 Page ID #:196

1 2.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. 11 2.8 House Counsel: attorneys who are employees of a party to this Action. 12 House Counsel does not include Outside Counsel of Record or any other outside 13 counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association, or 15 other legal entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a party 17 to this Action but are retained to represent or advise a party to this Action and have 18 appeared in this Action on behalf of that party or are affiliated with a law firm which 19 has appeared on behalf of that party, and includes support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 2.13 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. 5 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 6 of 19 Page ID #:197

1 2.14 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 3 2.15 "HIGHLY CONFIDENTIAL” Information: refers to 4 CONFIDENTIAL Information (as defined in 2.3, above) subject to additional 5 protection measures under this agreement. HIGHLY CONFIDENTIAL information 6 includes CONFIDENTIAL information that reflects: (1) the identities of youth 7 detained by the Los Angeles County Department of Probation; or (2) information 8 reflecting investigatory or disciplinary proceedings involving County employees 9 and/or personal information concerning County employees including, for example, 10 leave for medical or other personal reasons. Such information that contains such 11 identifying information shall be designated “HIGHLY CONFIDENTIAL” as described in Section 5, below. 12 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 13 from a Producing Party. 14

15 3. SCOPE 16 The protections conferred by this Stipulation and Order cover not only 17 Protected Material (as defined above), but also (1) any information copied or 18 extracted from Protected Material; (2) all copies, excerpts, summaries, or 19 compilations of Protected Material; and (3) any testimony, conversations, or 20 presentations by Parties or their Counsel that might reveal Protected Material. 21 Any use of Protected Material at trial shall be governed by the orders of the 22 trial judge. This Order does not govern the use of Protected Material at trial. 23

24 4. DURATION 25 26 FINAL DISPOSITION of the action is defined as the conclusion of any 27 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 28 has run. Except as set forth below, the terms of this protective order apply through 6 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 7 of 19 Page ID #:198

1 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 2 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 3 but will have to file a separate action for enforcement of the agreement once all 4 proceedings in this case are complete. 5 Once a case proceeds to trial, information that was designated as 6 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 7 as an exhibit at trial becomes public and will be presumptively available to all 8 members of the public, including the press, unless compelling reasons supported by 9 specific factual findings to proceed otherwise are made to the trial judge in advance 10 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 11 showing for sealing documents produced in discovery from “compelling reasons” 12 standard when merits-related documents are part of court record). Accordingly, for 13 such materials, the terms of this protective order do not extend beyond the 14 commencement of the trial. 15 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. 18 Each Party or Non-Party that designates information or items for protection under 19 this Order must take care to limit any such designation to specific material that 20 qualifies under the appropriate standards. The Designating Party must designate for 21 protection only those parts of material, documents, items, or oral or written 22 communications that qualify so that other portions of the material, documents, items, 23 or communications for which protection is not warranted are not swept unjustifiably 24 within the ambit of this Order. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper 27 purpose (e.g., to unnecessarily encumber the case development process or to impose 28 7 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 8 of 19 Page ID #:199

1 unnecessary expenses and burdens on other parties) may expose the Designating 2 Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or, 15 where appropriate, “HIGHLY CONFIDENTIAL (hereinafter, collectively, 16 CONFIDENTIAL legend), to each page that contains protected material. 17 If only a portion or portions of the material on a page qualifies for 18 protection, to the extent practical, the Producing Party also must clearly identify the 19 CONFIDENTIAL/HIGHLY CONFIDENTIAL portion(s) (e.g., by making 20 appropriate markings in the margins). The parties nevertheless recognize that there 21 may be situations where it would be impractical or burdensome to identify the 22 specific pages or section(s) that qualify as either “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL.” Accordingly, the parties anticipate the possibility the producing 24 party will, at times, need to designate protected material on a document-by-document 25 basis. Should a dispute arise as to the breadth of a confidentiality designation, the 26 parties will resolve the dispute pursuant to Section 6.1. The CONFIDENTIAL legend shall not obscure the contents of any page to 27 which it is affixed, impede the ability to readily read the page’s contents, or appear 28 8 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 9 of 19 Page ID #:200

1 over any words contained in the document. 2 A Party or Non-Party that makes original documents available for inspection 3 need not designate them for protection until after the inspecting Party has indicated 4 which documents it would like copied and produced. During the inspection and 5 before the designation, all of the material made available for inspection shall be 6 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 7 documents it wants copied and produced, the Producing Party must determine which 8 documents, or portions thereof, qualify for protection under this Order. Then, before 9 producing the specified documents, the Producing Party must affix the 10 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 11 portion or portions of the material on a page qualifies for protection, the Producing 12 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 13 markings in the margins). The CONFIDENTIAL OR HIGHLY CONFIDENTIAL 14 legend shall not obscure the contents of any page to which it is affixed, impede the 15 ability to readily read the page’s contents, or appear over any words contained in the 16 document. 17 (b) for testimony given in depositions that the Designating Party identify 18 the Disclosure or Discovery Material on the record, before the close of the deposition 19 all protected testimony. 20 (c) for information produced in some form other than documentary and for 21 any other tangible items, that the Producing Party affix in a prominent place on the 22 exterior of the container or containers in which the information is stored the legend 23 “CONFIDENTIAL.” If only a portion or portions of the information warrants 24 protection, the Producing Party, to the extent practicable, shall identify the protected 25 portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive 28 the Designating Party’s right to secure protection under this Order for such material. 9 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 10 of 19 Page ID #:201

1 Upon timely correction of a designation, the Receiving Party must make reasonable 2 efforts to assure that the material is treated in accordance with the provisions of this 3 Order. 4 5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 7 designation of confidentiality (or designation of HIGHLY CONFIDENTIAL) at any 8 time that is consistent with the Court’s Scheduling Order. The parties’ right to 9 challenge a confidentiality designation (CONFIDENTIAL or HIGHLY 10 CONFIDENTIAL), specifically includes the right to challenge designations as to 11 specific portions of documents or information within documents that they believe 12 contains no confidential information. This provision includes the right to contest 13 whether any confidentiality designation applies to a document that has been 14 anonymized by removing references to individual probation staff or youth, or a 15 document from which names and identifying information have been redacted. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37.1 et seq. 18 6.3 The burden of persuasion in any such challenge proceeding shall be on 19 the Designating Party. Frivolous challenges, and those made for an improper purpose 20 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 21 expose the Challenging Party to sanctions. Unless the Designating Party has waived 22 or withdrawn the confidentiality designation, all parties shall continue to afford the 23 material in question the level of protection to which it is entitled under the Producing 24 Party’s designation until the Court rules on the challenge. 25 26 7. ACCESS TO AND USE OF PROTECTED MATERIAL 27 7.1 Basic Principles. A Receiving Party may use Protected Material that is 28 10 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 11 of 19 Page ID #:202

1 disclosed or produced by another Party or by a Non-Party in connection with this 2 Action only for prosecuting, defending, or attempting to settle this Action. Such 3 Protected Material may be disclosed only to the categories of persons and under the 4 conditions described in this Order (7.3). When the Action has been terminated, a 5 Receiving Party must comply with the provisions of section 13 below (FINAL 6 DISPOSITION). Provided disclosure is determined to be reasonably necessary by 7 Plaintiff’s counsel’s for legitimate litigation purposes, Plaintiff’s counsel may 8 permissibly disclose CONFIDENTIAL information to Plaintiff that does not identify 9 the names of other youth (i.e. CONFIDENTIAL information that has not been 10 designated HIGHLY CONFIDENTIAL). Permissible disclosure specifically 11 includes documents that are specific and unique to Plaintiff, without identifying other 12 youth. It also specifically includes CONFIDENTIAL documents that do not 13 reference individual youth by name or identifying information, such as documents 14 referencing policies and procedures. 15 7.2 Protected Material must be stored and maintained by a Receiving Party 16 at a location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 7.3 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 23 as employees of said Outside Counsel of Record to whom it is reasonably necessary 24 to disclose the information for this Action; 25 (b) the officers, directors, and employees (including House Counsel) of the 26 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 disclosure is reasonably necessary for this Action and who have signed the 11 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 12 of 19 Page ID #:203

1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (d) the court and its personnel; 3 (e) court reporters and their staff; 4 (f) professional jury or trial consultants, mock jurors, and Professional 5 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), unless otherwise 14 agreed by the Designating Party or ordered by the court. Pages of transcribed 15 deposition testimony or exhibits to depositions that reveal Protected Material may 16 be separately bound by the court reporter and may not be disclosed to anyone except 17 as permitted under this Stipulated Protective Order; and 18 (i) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 Disclosure of documents or information designated “HIGHLY CONFIDENTIAL”: 21 documents and information designated HIGHLY CONFIDENTIAL may only be 22 disclosed to Plaintiff using a redacted version of the document concealing the names 23 and other identifying information of other individual youth. Before making any such 24 disclosure, Plaintiffs’ counsel shall prepare a redacted version of the document and 25 provide a copy to counsel for the Designating Party. Upon receiving a proposed 26 redacted version, the Designating Party shall have 3 business days (72 business 27 hours) to review the redacted version and to make further proposed redactions or to 28 otherwise object to disclosure to the Plaintiff, or accept it as proposed. If the 12 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 13 of 19 Page ID #:204

1 Designating Party does not object in writing within 3 days, the Receiving Party’s 2 counsel may proceed in disclosing the redacted version of the document to Plaintiff. 3 If counsel for the parties cannot agree on a redacted version of the document, the 4 Receiving Party will initiate a challenge to the HIGHLY CONFIDENTIAL 5 designation, pursuant to Section 6, above. Nothing in this provision shall prohibit a 6 Receiving Party’s Counsel from sharing information designated “HIGHLY 7 CONFIDENTIAL” with their employees or Experts. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification shall 14 include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order 16 to issue in the other litigation that some or all of the material covered by the subpoena 17 or order is subject to this Protective Order. Such notification shall include a copy of 18 this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued 20 by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served 22 with the subpoena or court order shall not produce any information designated in this 23 action as “CONFIDENTIAL” before a determination by the court from which the 24 subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking 26 protection in that court of its confidential material and nothing in these provisions 27 should be construed as authorizing or encouraging a Receiving Party in this Action 28 13 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 14 of 19 Page ID #:205

1 to disobey a lawful directive from another court. 2 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT 4 TO BE PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a 6 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the 8 remedies and relief provided by this Order. Nothing in these provisions should be 9 construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality agreement 16 with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this Action, the relevant discovery request(s), and a reasonably 19 specific description of the information requested; and 20 (3) make the information requested available for inspection by the 21 Non-Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court within 23 14 days of receiving the notice and accompanying information, the Receiving Party 24 may produce the Non-Party’s confidential information responsive to the discovery 25 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 26 not produce any information in its possession or control that is subject to the 27 confidentiality agreement with the Non-Party before a determination by the court. 28 14 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 15 of 19 Page ID #:206

1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 2 of seeking protection in this court of its Protected Material. 3 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 10 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15

PROTECTED MATERIAL

16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 parties may incorporate their agreement in the stipulated protective order submitted 25 to the court. 26

27 28 15 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 16 of 19 Page ID #:207

1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the sealing of the 12 specific Protected Material at issue. If a Party's request to file Protected Material 13 under seal is denied by the court, then the Receiving Party may file the information 14 in the public record unless otherwise instructed by the court. 15 16 13. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in 20 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving 23 Party must submit a written certification to the Producing Party (and, if not the same 24 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 25 (by category, where appropriate) all the Protected Material that was returned or 26 destroyed and (2)affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries or any other format reproducing or capturing any 28 16 Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 17 of 19 Page ID #:208

1 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 2 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 3 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 4 reports, attorney work product, and consultant and expert work product, even if such 5 materials contain Protected Material. Any such archival copies that contain or 6 constitute Protected Material remain subject to this Protective Order as set forth in 7 Section 4 (DURATION). 8 Any violation of this Order may be punished by any and all appropriate 9 measures including, without limitation, contempt proceedings and/or monetary 10 sanctions. 11 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

13 DATED: August 5, 2022 Respectfully submitted, 14 15

RAPKIN & ASSOCIATES, LLP

MCLANE, BEDNARSKI & LITT, LLP

16 By: /s/ Lindsay Battles 17 Barrett S. Litt 18 Lindsay Battles Scott Rapkin 19 Attorneys for Plaintiff 20 21 DATED: August 5, 2022 GLASER WEIL FINK HOWARD 22 AVCHEN & SHAPIRO LLP 23 By: /s/ Craig H. Marcus 24 Andrew Baum 25 Craig H. Marcus Rob Lee 26 Attorneys for Defendants 27

28 17 Case #:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 18o0f19 Page ID #:209

1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 . DATED: August 05, 2022 44, Is Lona fog

; United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18

Case 2:22-cv-01013-FWS-PD Document 27 Filed 08/05/22 Page 19 of 19 Page ID #:210

1 EXHIBIT A

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 perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Augustin Herrera v. County of Los Angeles, 22-cv-01013 8 (PA-PD). I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly 11 promise that I will not disclose in any manner any information or item that is subject 12 to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint ________________________ [print or 18 type full name] of _________ [print or type full address and telephone number] as 19 my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21

22 Date: __________________________ 23 City and State where sworn and signed: _____________________________ 24 Printed name: ____________________________________ 25 Signature: ________________________________ 26 27 28 19