Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 1 of 16 Page ID #:223

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UNITED STATES DISTRICT COURT

8 CENTRAL DISTRICT OF CALIFORNIA

9 VICTORIA BECERRA, AN Case No.: 5:22-CV-00731-MWF-RAO 10 INDIVIDUAL AND AS

SUCCESSOR IN INTEREST TO

11 L ANCE POWELL, DECEASED, STIPULATED PROTECTIVE 12 Plaintiff, ORDER1

13 v.

14 CITY OF BARSTWO, CHIEF OF

BARSTOW POLICE ANDREW

15 ESPINOZA, JR. and DOES 1-10,

INCLUSIVE.

16 Defendants. 17

18

19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary, or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation 23 may be warranted. Accordingly, the parties hereby stipulate to and petition the 24 Court to enter the following Stipulated Protective Order. The parties 25 acknowledge that this Order does not confer blanket protections on all 26 27 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate 28 Judge Rozella A. Oliver’s Procedures. 1 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 2 of 16 Page ID #:224

1 disclosures or responses to discovery and that the protection it affords from 2 public disclosure and use extends only to the limited information or items that 3 are entitled to confidential treatment under the applicable legal principles. 4 B. GOOD CAUSE STATEMENT 5 This action is likely to involve confidential, proprietary or private 6 information for which special protection from public disclosure and from use for 7 any purpose other than prosecution of this action is warranted. Such 8 confidential, proprietary and private materials and information consist of, among 9 other things, confidential and private information related to peace officers and 10 department policies including information otherwise generally unavailable to the 11 public, or which may be privileged or otherwise protected from disclosure under 12 state or federal statutes, court rules, case decisions, or common law. Accordingly, 13 to expedite the flow of information, to facilitate the prompt resolution of disputes 14 over confidentiality of discovery materials, to adequately protect information the 15 parties are entitled to keep confidential, to ensure that the parties are permitted 16 reasonable necessary uses of such material in preparation for and in the conduct 17 of trial, to address their handling at the end of the litigation, and serve the ends of 18 justice, a protective order for such information is justified in this matter. It is the 19 intent of the parties that information will not be designated as confidential for 20 tactical reasons and that nothing be so designated without a good faith belief that 21 it has been maintained in a confidential, non-public manner, and there is good 22 cause why it should not be part of the public record of this case. 23 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING 24 UNDER SEAL 25 The parties further acknowledge, as set forth in Section 12.3, below, that 26 this Stipulated Protective Order does not entitle them to file confidential 27 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 28 2 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 3 of 16 Page ID #:225

1 be followed and the standards that will be applied when a party seeks permission 2 from the court to file material under seal. 3 There is a strong presumption that the public has a right of access to 4 judicial proceedings and records in civil cases. In connection with non- 5 dispositive motions, good cause must be shown to support a filing under seal. 6 See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 7 2006); Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); 8 Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) 9 (even stipulated protective orders require good cause showing), and a specific 10 showing of good cause or compelling reasons with proper evidentiary support 11 and legal justification, must be made with respect to Protected Material that a 12 party seeks to file under seal. The parties’ mere designation of Disclosure or 13 Discovery Material as CONFIDENTIAL does not—without the submission of 14 competent evidence by declaration, establishing that the material sought to be 15 filed under seal qualifies as confidential, privileged, or otherwise protectable— 16 constitute good cause. 17 Further, if a party requests sealing related to a dispositive motion or trial, 18 then compelling reasons, not only good cause, for the sealing must be shown, 19 and the relief sought shall be narrowly tailored to serve the specific interest to be 20 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 21 2010). For each item or type of information, document, or thing sought to be 22 filed or introduced under seal in connection with a dispositive motion or trial, the 23 party seeking protection must articulate compelling reasons, supported by 24 specific facts and legal justification, for the requested sealing order. Again, 25 competent evidence supporting the application to file documents under seal must 26 be provided by declaration. 27 28 3 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 4 of 16 Page ID #:226

1 Any document that is not confidential, privileged, or otherwise protectable 2 in its entirety will not be filed under seal if the confidential portions can be 3 redacted. If documents can be redacted, then a redacted version for public 4 viewing, omitting only the confidential, privileged, or otherwise protectable 5 portions of the document shall be filed. Any application that seeks to file 6 documents under seal in their entirety should include an explanation of why 7 redaction is not feasible. 8 2. DEFINITIONS 9 2.1 Action: This pending federal lawsuit – Victoria Becerra, an 10 individual and as successor in interest to Lance Powell, Deceased v. City of 11 Barstow, Chief of Barstow Police Andrew Espinoza, Jr., and Does 1-10, 12 inclusive, Case No. 5:22-cv-00731-MWF-RAO. 13 2.2 Challenging Party: A Party or Non-Party that challenges the 14 designation of information or items under this Order. 15 2.3 “CONFIDENTIAL” Information or Items: Information (regardless 16 of how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 18 the Good Cause Statement. 19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 20 their support staff). 21 2.5 Designating Party: A Party or Non-Party that designates information 22 or items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 2.6 Disclosure or Discovery Material: All items or information, 25 regardless of the medium or manner in which it is generated, stored, or 26 maintained, that are produced or generated in disclosures or responses to 27 discovery in this matter. 28 4 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 5 of 16 Page ID #:227

1 2.7. Expert: A person with specialized knowledge or experience in a 2 matter pertinent to the litigation who has been retained by a Party or its counsel 3 to serve as an expert witness or as a consultant in this Action. 4 2.8 House Counsel: City Attorney including his or her staff. 5 2.9 Non-Party: Any natural person including employees and former 6 employees, agency, partnership, corporation, association, or other legal entity not 7 named as a Party to this action. 8 2.10 Outside Counsel of Record: Attorneys who are retained to represent 9 or advise a party to this Action and have appeared in this Action on behalf of that 10 party or are affiliated with a law firm which has appeared on behalf of that party, 11 and includes support staff. 12 2.11 Party: Any party to this Action, including all of its officers, 13 directors, employees, consultants, retained experts, and Outside Counsel of 14 Record and House Counsel (and their support staff). 15 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 16 Discovery Material in this Action. 17 2.13 Professional Vendors: Persons or entities that provide litigation 18 support services (e.g., photocopying, videotaping, translating, preparing exhibits 19 or demonstrations, and organizing, storing, or retrieving data in any form or 20 medium) and their employees and subcontractors. 21 2.14 Protected Material: Any Disclosure or Discovery Material that is 22 designated as “CONFIDENTIAL.” 23 2.15 Receiving Party: A Party that receives Disclosure or Discovery 24 Material from a Producing Party. 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or 28 5 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 6 of 16 Page ID #:228

1 Extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. 4 Any use of Protected Material at trial shall be governed by the orders of 5 the trial judge. This Order does not govern the use of Protected Material at trial. 6 4. DURATION 7 Once a case proceeds to trial, information that was designated as 8 CONFIDENTIAL or maintained pursuant to this protective order used or 9 introduced as an exhibit at trial becomes public and will be presumptively 10 available to all members of the public, including the press, unless compelling 11 reasons supported by specific factual findings to proceed otherwise are made to 12 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 13 (distinguishing “good cause” showing for sealing documents produced in 14 discovery from “compelling reasons” standard when merits-related documents 15 are part of court record). Accordingly, the terms of this protective order do not 16 extend beyond the commencement of the trial. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for 19 Protection. Each Party or Non-Party that designates information or items 20 for protection under this Order must take care to limit any such designation to 21 specific material that qualifies under the appropriate standards. The Designating 22 Party must designate for protection only those parts of material, documents, 23 items, or oral or written communications that qualify so that other portions of the 24 material, documents, items, or communications for which protection is not 25 warranted are not swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 Designations that are shown to be clearly unjustified or that have been made for 28 6 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 7 of 16 Page ID #:229

1 an improper purpose (e.g., to unnecessarily encumber the case development 2 process or to impose unnecessary expenses and burdens on other parties) may 3 expose the Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that 5 it designated for protection do not qualify for protection, that Designating Party 6 must promptly notify all other Parties that it is withdrawing the inapplicable 7 designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided 9 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 10 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 11 for protection under this Order must be clearly so designated before the material 12 is disclosed or produced. 13 Designation in conformity with this Order requires: 14 (a) For information in documentary form (e.g., paper or 15 electronic documents, but excluding transcripts of depositions or other pretrial or 16 trial proceedings), that the Producing Party affix at a minimum, the legend 17 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 18 contains protected material. If only a portion or portions of the material on a page 19 qualifies for protection, the Producing Party also must clearly identify the 20 protected portion(s) (e.g., by making appropriate markings in the margins). 21 A Party or Non-Party that makes original documents available for 22 inspection need not designate them for protection until after the inspecting Party 23 has indicated which documents it would like copied and produced. During the 24 inspection and before the designation, all of the material made available for 25 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 26 identified the documents it wants copied and produced, the Producing Party must 27 determine which documents, or portions thereof, qualify for protection under this 28 7 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 8 of 16 Page ID #:230

1 Order. Then, before producing the specified documents, the Producing Party 2 must affix the “CONFIDENTIAL legend” to each page that contains Protected 3 Material. If only a portion or portions of the material on a page qualifies for 4 protection, the Producing Party also must clearly identify the protected portion(s) 5 (e.g., by making appropriate markings in the margins). 6 (b) For testimony given in depositions that the Designating Party 7 identify the Disclosure or Discovery Material on the record, before the close of 8 the deposition all protected testimony. 9 (c) For information produced in some form other than 10 documentary and for any other tangible items, that the Producing Party affix in a 11 prominent place on the exterior of the container or containers in which the 12 information is stored the legend “CONFIDENTIAL.” If only a portion or 13 portions of the information warrants protection, the Producing Party, to the 14 extent practicable, shall identify the protected 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, 17 waive the Designating Party’s right to secure protection under this Order for such 18 material. Upon timely correction of a designation, the Receiving Party must 19 make reasonable efforts to assure that the material is treated in accordance with 20 the provisions of this 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. 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process under Local Rule 37.1 et seq. 27 6.3 The burden of persuasion in any such challenge proceeding shall be 28 8 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 9 of 16 Page ID #:231

1 on the Designating Party. Frivolous challenges, and those made for an improper 2 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 3 parties) may expose the Challenging Party to sanctions. Unless the Designating 4 Party has waived or withdrawn the confidentiality designation, all parties shall 5 continue to afford the material in question the level of protection to which it is 6 entitled under the Producing Party’s designation until the Court rules on the 7 challenge. 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that 10 is disclosed or produced by another Party or by a Non-Party in connection with 11 this Action only for prosecuting, defending, or attempting to settle this Action. 12 Such Protected Material may be disclosed only to the categories of persons and 13 under the conditions described in this Order. When the Action has been 14 terminated, a Receiving Party must comply with the provisions of Section 13 15 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at 17 a location and in a secure manner that ensures that access is limited to the 18 persons 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 Outside Counsel of Record in this 24 Action, as well as employees of said Outside Counsel of Record to whom it is 25 reasonably necessary to disclose the information for this Action; 26 /// 27 /// 28 9 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 10 of 16 Page ID #:232

1 (b) The officers, directors, and employees (including House 2 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 3 this Action; 4 (c) Experts (as defined in this Order) of the Receiving Party to 5 whom disclosure is reasonably necessary for this Action and who have signed 6 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (d) The Court and its personnel; 8 (e) Court reporters and their staff; 9 (f) Professional jury or trial consultants, mock jurors, and 10 Professional Vendors to whom disclosure is reasonably necessary for this Action 11 and who have signed the “Acknowledgment and Agreement to Be Bound” 12 (Exhibit A); 13 (g) The author or recipient of a document containing the 14 information or a custodian or other person who otherwise possessed or knew the 15 information; 16 (h) During their depositions, witnesses, and attorneys for 17 witnesses, in the Action to whom disclosure is reasonably necessary provided: 18 (1) the deposing party requests that the witness sign the form attached as Exhibit 19 1 hereto; and (2) they will not be permitted to keep any confidential information 20 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 21 A), unless otherwise agreed by the Designating Party or ordered by the Court. 22 Pages of transcribed deposition testimony or exhibits to depositions that reveal 23 Protected Material may be separately bound by the court reporter and may not be 24 disclosed to anyone except as permitted under this Stipulated Protective Order; 25 and 26 /// 27 /// 28 10 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 11 of 16 Page ID #:233

1 (i) Any mediator or settlement officer, and their supporting 2 personnel, mutually agreed upon by any of the parties engaged in settlement 3 discussions. 4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 PRODUCED IN OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other 7 litigation that compels disclosure of any information or items designated in this 8 Action as “CONFIDENTIAL,” that Party must: 9 (a) Promptly notify in writing the Designating Party. Such notification 10 shall include a copy of the subpoena or court order; 11 (b) Promptly notify in writing the party who caused the subpoena or 12 order to issue in the other litigation that some or all of the material covered by 13 the subpoena or order is subject to this Protective Order. Such notification shall 14 include a copy of this Stipulated Protective Order; and 15 (c) Cooperate with respect to all reasonable procedures sought to be 16 pursued by the Designating Party whose Protected Material may be affected. 17 If the Designating Party timely seeks a protective order, the Party served 18 with the subpoena or court order shall not produce any information designated in 19 this action as “CONFIDENTIAL” before a determination by the court from 20 which the subpoena or order issued, unless the Party has obtained the 21 Designating Party’s permission. The Designating Party shall bear the burden and 22 expense of seeking protection in that court of its confidential material and 23 nothing in these provisions should be construed as authorizing or encouraging a 24 Receiving Party in this Action to disobey a lawful directive from another court. 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a 28 11 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 12 of 16 Page ID #:234

1 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 2 information produced by Non-Parties in connection with this litigation is 3 protected by the remedies and relief provided by this Order. Nothing in these 4 provisions should be construed as prohibiting a Non-Party from seeking 5 additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: 10 (1) Promptly notify in writing the Requesting Party and the Non- 11 Party that some or all of the information requested is subject to a confidentiality 12 agreement with a Non-Party; 13 (2) Promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery request(s), and a 15 reasonably specific description of the information requested; and 16 (3) Make the information requested available for inspection by 17 the Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from this court 19 within 14 days of receiving the notice and accompanying information, the 20 Receiving Party may produce the Non-Party’s confidential information 21 responsive to the discovery request. If the Non-Party timely seeks a protective 22 order, the Receiving Party shall not produce any information in its possession or 23 control that is subject to the confidentiality agreement with the Non-Party before 24 a determination by the court. Absent a court order to the contrary, the Non-Party 25 shall bear the burden and expense of seeking protection in this court of its 26 Protected Material. 27 /// 28 12 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 13 of 16 Page ID #:235

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has 3 disclosed Protected Material to any person or in any circumstance not authorized 4 under this Stipulated Protective Order, the Receiving Party must immediately (a) 5 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 6 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 7 inform the person or persons to whom unauthorized disclosures were made of all 8 the terms of this Order, and (d) request such person or persons to execute the 9 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 10 Exhibit A. 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 12 OTHERWISE PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other 15 protection, the obligations of the Receiving Parties are those set forth in Federal 16 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order that provides for 18 production without prior privilege review. Pursuant to Federal Rule of Evidence 19 502(d) and (e), insofar as the parties reach an agreement on the effect of 20 disclosure of a communication or information covered by the attorney-client 21 privilege or work product protection, the parties may incorporate their agreement 22 in the Stipulated Protective Order submitted to the Court. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of 25 any person to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Protective Order, no Party waives any right it otherwise would have to object to 28 13 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 14 of 16 Page ID #:236

1 disclosing or producing any information or item on any ground not addressed in 2 this Stipulated Protective Order. Similarly, no Party waives any right to object on 3 any ground to use in evidence of any of the material covered by this Protective 4 Order. 5 12.3 Filing Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Civil Local Rule 79-5. Protected Material 7 may only be filed under seal pursuant to a court order authorizing the sealing of 8 the specific Protected Material at issue. If a Party's request to file Protected 9 Material under seal is denied by the court, then the Receiving Party may file the 10 information in the public record unless otherwise instructed by the Court. 11 13. FINAL DISPOSITION 12 After the final disposition of this Action, as defined in Section 4, within 13 sixty (60) days of a written request by the Designating Party, each Receiving 14 Party must return all Protected Material to the Producing Party or destroy such 15 material. As used in this subdivision, “all Protected Material” includes all copies, 16 abstracts, compilations, summaries, and any other format reproducing or 17 capturing any of the Protected Material. Whether the Protected Material is 18 returned or destroyed, the Receiving Party must submit a written certification to 19 the Producing Party (and, if not the same person or entity, to the Designating 20 Party) by the 60 day deadline that (1) identifies (by category, where appropriate) 21 all the Protected Material that was returned or destroyed and (2) affirms that the 22 Receiving Party has not retained any copies, abstracts, compilations, summaries 23 or any other format reproducing or capturing any of the Protected Material. 24 Notwithstanding this provision, Counsel are entitled to retain an archival copy of 25 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 26 memoranda, correspondence, deposition and trial exhibits, expert reports, 27 attorney work product, and consultant and expert work product, even if such 28 14 CASE NO. 5:22-cv-00731-MWF-RAO Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page15o0f16 Page ID #:237

1 || materials contain Protected Material. Any such archival copies that contain or 2 || constitute Protected Material remain subject to this Protective Order as set forth 3 || in Section 4 (DURATION). 4 | 14. VIOLATION 5 Any violation of this Order may be punished by any and all appropriate 6 || measures including, without limitation, contempt proceedings and/or monetary 7 || sanctions. 8 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 DATED: October 24, 2022 /s/James S. Terrell James S. Terrell, Esq. 11 Sharon J. Brunner, Esq. Dv Attorneys for Plaintiff Victoria Becerra, an individual and as successor in interest to 13 Lance Powell, deceased 14 15 16 || DATED: October 24, 2022 ____/s/Heather E. Paradis Mitchell D. Dean, Esq. 17 Heather E. Paradis, Esq. 18 Attorneys for Defendants City of Barstow and Andrew Espinoza, Jr. 19 20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

21 . . 22 Rapelis, Qy Od DATED: October 25, 2022 23 HONORABLE ROZELLA A. OLIVER United States Magistrate Judge 24 25 26 27 28 15 CASE NO. 5:22-cv-00731-MWF-RAO

Case 5:22-cv-00731-MWF-RAO Document 26 Filed 10/25/22 Page 16 of 16 Page ID #:238

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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 issue by the United States District Court for the Central District of California 7 on ____________ [Date] in the case of Victoria Becerra, an individual and as 8 successor in interest to Lance Powell, deceased v. City of Barstow, Chief of 9 Barstow Police Andrew Espinoza, Jr. and Does 1-10, inclusive, Case No. 5:22- 10 cv-00731-MWF-RAO. I agree to comply with and to be bound by all the terms 11 of this Stipulated Protective Order and I understand and acknowledge that failure 12 to so comply could expose me to sanctions and punishment in the nature of 13 contempt. I solemnly promise that I will not disclose in any manner any 14 information or item that is subject to this Stipulated Protective Order to any 15 person or entity except in strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court for the Central District of California for the purpose of enforcing the terms 18 of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint 20 [print or type full name] of [print or type full 21 address and telephone number] as my California agent for service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 Date: 25 City and State where sworn and signed: 26 Printed Name: 27 Signature: 28 16 CASE NO. 5:22-cv-00731-MWF-RAO