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1 || Eugene P. Ramirez (State Bar No. 134865) epr@manninglip.com 2 || Craig Smith (State Bar No. 265676) Megs Qmanngiip com 3 || MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

4||801S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 5 || Telephone: GBR) 624-6900 Facsimile: (213) 624-6999 Moses W. Johnson, IV (State Bar No. 118769) 7 Miohnson@anaheim.net CITY OF ANAHEIM CITY ATTORNEY'S OFFICE 8 S. Anaheim Boulevard, Suite 356 Anaheim, CA 92805 9 || Telephone: ae 765-5169 Facsimile: (714) 765-5123 10 Attorneys for Defendants, CITY OF =| 11|]/ ANAHEIM, JORGE CISNEROS, PAUL 1 DELGADO, BRETT HEITMAN, 12|}/KENNETH WEBER, and CAITLIN

ZB PANOV

Me! 13 Brsi UNITED STATES DISTRICT COURT Se: 14 2 a: CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

CITY OF ANAHEIM; CITY OF

25|| SANTA ANA; DAVID VALENTIN; JORGE CISNEROS; PAUL Complaint Filed: 07/21/2022 26 || DELGADO; BRETT HEITMAN;

KENNETH WEBER; CAITLIN

27 || PANOV; DOES 1-10, 28 ] Case No. 8:22-cv-01351

STIPULATED PROTECTIVE ORDER

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PURPOSES AND LIMITATIONS

2 A. 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 6 || enter the following Stipulated Protective Order. The parties acknowledge that this 7 || Order does not confer blanket protections on all disclosures or responses to 8 || discovery and that the protection it affords from public disclosure and use extends 9 || only to the limited information or items that are entitled to confidential treatment 10 || under the applicable legal principles. The parties further acknowledge, as set forth in 5 11 || Section XIII(C), below, that this Stipulated Protective Order does not entitle them to

12 || file confidential information under seal; Civil Local Rule 79-5 sets forth the SF 13 || procedures that must be followed and the standards that will be applied when a party Z 14 || seeks permission from the Court to file material under seal. 2 | 15||I GOOD CAUSE STATEMENT 2 16 A. Contentions re Harm from Disclosure of Confidential Materials. - 17 Defendants contend that there is good cause and a particularized need for a 18 || protective order to preserve the interests of confidentiality and privacy in peace 19 || officer personnel file records and associated investigative or confidential records for 20 || the following reasons. 21 First, Defendants contend that peace officers have a federal privilege of 22 || privacy in their personnel file records: a reasonable expectation of privacy therein 23 || that is underscored, specified, and arguably heightened by the Pitchess protective 24 || procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 25 || 1033-1034 (9th Cir_1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 26 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies 27 || to privilege based discovery disputes involving federal claims,” the “state privilege 28 || law which is consistent with its federal equivalent significantly assists in applying 2 Case No. 8:22-cv-01351

STIPULATED PROTECTIVE ORDER

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1 || [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 2 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 3 || “privacy rights [that] are not inconsequential” in their police personnel records); cf. 4 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants 5 || further contend that uncontrolled disclosure of such personnel file information can 6 || threaten the safety of non-party witnesses, officers, and their families/associates. 7 Second, Defendants contend that municipalities and law enforcement 8 || agencies have federal deliberative-executive process privilege, federal official 9 || information privilege, federal law enforcement privilege, and federal attorney-client 10 || privilege (and/or attorney work product protection) interests in the personnel files of 5 11 || their peace officers — particularly as to those portions of peace officer personnel files

12 || that contain critical self-analysis, internal deliberation/decision-making or SF 13 || evaluation/analysis, or communications for the purposes of obtaining or rendering Z Z 14 || legal advice or analysis — potentially including but not limited to 2 15 evaluative/analytical portions of Internal Affairs type records or reports, 2 16 || evaluative/analytical portions of supervisory records or reports, and/or reports - 17 || prepared at the direction of counsel, or for the purpose of obtaining or rendering 18 || legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v. 19 || United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir_1997); Soto, 162 20 || E.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 21 || Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 22 || Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or_2007); Admiral Ins. Co. v. United 23 || States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further 24 || contend that such personnel file records are restricted from disclosure by the public 25 || entity’s custodian of records pursuant to applicable California law and that 26 || uncontrolled release is likely to result in needless intrusion of officer privacy; 27 || impairment in the collection of third-party witness information and statements and 28 || related legitimate law enforcement investigations/interests; and a chilling of open 3 Case No. 8:22-ev-01351

STIPULATED PROTECTIVE ORDER

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1 || and honest discussion regarding and/or investigation into alleged misconduct that 2 ||can erode a public entity’s ability to identify and/or implement any remedial 3 || measures that may be required. 4 Third, Defendants contend that, since peace officers do not have the same 5 ||rights as other private citizens to avoid giving compelled statements, it is contrary to 6 || the fundamental principles of fairness to permit uncontrolled release of officers’ 7 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 8 || 822, 828-830 (1985); cf U.S. Const., amend V. 9 Accordingly, Defendants contend that, without a protective order preventing 10 || such, production of confidential records in the case can and will likely substantially =| 11 )/impair and harm defendant public entity’s interests in candid self-critical analysis, i 12 || frank internal deliberations, obtaining candid information from witnesses, SF 13 || preserving the safety of witnesses, preserving the safety of peace officers and peace Z 14 || officers’ families and associates, protecting the privacy officers of peace officers, 2 | 15]/and preventing pending investigations from being detrimentally undermined by 2 16 || publication of private, sensitive, or confidential information — as can and often does - 17 || result in litigation. 18 Accordingly, the parties agree that there is Good Cause for a Protective Order 19 ||so as to preserve the respective interests of the parties without the need to further 20 || burden the Court with such issues. Specifically, the parties jointly contend that, 21 || absent this Stipulated Protective Order, the parties' respective privilege interests may 22 || be impaired or harmed, and that this Stipulated Protective Order may avoid such 23 || harm by permitting the parties to facilitate discovery with reduced risk that 24 || privileged and/or sensitive/confidential information will become matters of public 25 || record. 26 Accordingly, to expedite the flow of information, to facilitate the prompt 27 || resolution of disputes over confidentiality of discovery materials, to adequately 28 || protect information the parties are entitled to keep confidential, to ensure that the 4 Case No. 8:22-ev-01351

STIPULATED PROTECTIVE ORDER

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1 || parties are permitted reasonable necessary uses of such material in preparation for 2 || and in the conduct of trial, to address their handling at the end of the litigation, and 3 || serve the ends of justice, a protective order for such information is justified in this 4 || matter. It is the intent of the parties that information will not be designated as 5 || confidential for tactical reasons and that nothing be so designated without a good 6 || faith belief that it has been maintained in a confidential, non-public manner, and 7 || there is good cause why it should not be part of the public record of this case. 8 TII. DEFINITIONS 9 A. □ Action: this pending federal law suit. 10 B. Challenging Party: a Party or Non-Party that challenges the s| 11 || designation of information or items under this Order. 12 C. “CONFIDENTIAL” Information or Items: information SF 13 || (regardless of how it is generated, stored or maintained) or tangible things Z 14 || that qualify for protection under Federal Rule of Civil Procedure 26(c), and 2 | 15|las specified above in the Good Cause Statement. 2 16 D. Counsel: Outside Counsel of Record and House Counsel (as - 17 || well as their support staff). 18 E. Designating Party: a Party or Non-Party that designates 19 || information or items that it produces in disclosures or in responses to 20 || discovery as “CONFIDENTIAL.” 21 F. Disclosure or Discovery Material: all items or information, 22 || regardless of the medium or manner in which it is generated, stored, or 23 || maintained (including, among other things, testimony, transcripts, and 24 || tangible things), that are produced or generated in disclosures or responses to 25 || discovery in this matter. 26 G. Expert: a person with specialized knowledge or experience in a 27 || matter pertinent to the litigation who has been retained by a Party or its 28 || counsel to serve as an expert witness or as a consultant in this Action. 5 Case No. 8:22-cv-01351

STIPULATED PROTECTIVE ORDER

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1 H. House Counsel: attorneys who are employees of a party to this 2 || Action. House Counsel does not include Outside Counsel of Record or any 3 || other outside counsel. 4 I. Non-Party: any natural person, partnership, corporation, 5 || association or other legal entity not named as a Party to this action. 6 J.Qutside Counsel of Record: attorneys who are not employees of a 7 || party to this Action but are retained to represent or advise a party to this 8 || Action and have appeared in this Action on behalf of that party or are 9 || affiliated with a law firm that has appeared on behalf of that party, and 10 || includes support staff. Fs 11 K. Party: any party to this Action, including all of its officers, 12 || directors, employees, consultants, retained experts, and Outside Counsel of Be! 13 || Record (and their support staffs). g 2 14 L. Producing Party: a Party or Non-Party that produces Disclosure 23 15 || or Discovery Material in this Action. 16 M. Professional Vendors: persons or entities that provide litigation - 17 || support services (e.g., photocopying, videotaping, translating, preparing 18 || exhibits or demonstrations, and organizing, storing, or retrieving data in any 19 || form or medium) and their employees and subcontractors. 20 N. — Protected Material: any Disclosure or Discovery Material that is 21 || designated as “CONFIDENTIAL.” 22 O. Receiving Party: a Party that receives Disclosure or Discovery 23 || Material from a Producing Party. 24||TV. SCOPE 25 A. — The protections conferred by this Stipulation and Order cover not only 26 || Protected Material (as defined above), but also (1) any information copied or extracted 27 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 28 || Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 Case No. 8:22-cv-01351

STIPULATED PROTECTIVE ORDER

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1 || or their Counsel that might reveal Protected Material. 2 B. — Any use of Protected Material at trial shall be governed by the orders of 3 || the trial judge. This Order does not govern the use of Protected Material at trial. AllV. DURATION 5 Even after final disposition of this litigation, the confidentiality obligations 6 ||imposed by this Order shall remain in effect until a Designating Party agrees 7 □□ otherwise in writing or a court order otherwise directs. Final disposition shall be 8 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 9||or without prejudice; and (2) final judgment herein after the completion and 10 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, =| 11 ||including the time limits for filing any motions or applications for extension of time

ep 12 || pursuant to applicable law.

SF 13||}VI. DESIGNATING PROTECTED MATERIAL

Z 14 A. Exercise of Restraint and Care in Designating Material for Protection. 2 15 Each Party or Non-Party that designates information or items for protection 2 16 || under this Order must take care to limit any such designation to specific material that - 17 || qualifies under the appropriate standards. The Designating Party must designate for 18 || protection only those parts of material, documents, items, or oral or written 19 || communications that qualify so that other portions of the material, documents, items, 20 || or communications for which protection is not warranted are not swept unjustifiably 21 || within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations 23 ||that are shown to be clearly unjustified or that have been made for an improper 24 || purpose (e.g., to unnecessarily encumber the case development process or to impose 25 || unnecessary expenses and burdens on other parties) may expose the Designating Party 26 || to sanctions. 27 If it comes to a Designating Party’s attention that information or items that it 28 || designated for protection do not qualify for protection, that Designating Party must 7 Case No. 8:22-ev-01351

STIPULATED PROTECTIVE ORDER

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1 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 2 B. Manner and Timing of Designations. Except as otherwise provided in 3 || this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 4 || that qualifies for protection under this Order must be clearly so designated before the 5 || material is disclosed or produced. 6 Designation in conformity with this Order requires: 7 (a) For information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial ? proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’), to each page that 5 i contains protected material. If only a portion or portions of the material on a page 2 12 qualifies for protection, the Producing Party also must clearly identify the protected Bes 13 portion(s) (e.g., by making appropriate markings in the margins). S| 4 (b) A Party or Non-Party that makes original documents available for 2a IS inspection need not designate them for protection until after the inspecting Party has 5 : indicated 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 I8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 19 it wants copied and produced, the Producing Party must determine which documents, 20 or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 22 legend” to each page that contains Protected Material. If only a portion or portions of 23 the material on a page qualifies for protection, the Producing Party also must clearly 24 identify the protected portion(s) (e.g., by making appropriate markings in the 25 margins). 26 27 28 8 Case No. 8:22-ev-01351

STIPULATED PROTECTIVE ORDER

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1 (c) for testimony given in depositions that the Designating Party identifies 2 || the Disclosure or Discovery Material on the record, before the close of the deposition 3 || all protected testimony. 4 (d) for information produced in some form other than documentary and for 5 || any other tangible items, that the Producing Party affix in a prominent place on the 6 || exterior of the container or containers in which the information is stored the legend 7||“CONFIDENTIAL.” If only a portion or portions of the information warrants 8 || protection, the Producing Party, to the extent practicable, shall identify the protected 9 || portion(s). 10 C. Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 11 || failure to designate qualified information or items does not, standing alone, waive the

12 || Designating Party’s right to secure protection under this Order for such material. SF 13 || Upon timely correction of a designation, the Receiving Party must make reasonable Z 14 || efforts to assure that the material is treated in accordance with the provisions of this 2 | 15|| Order. A 2 16||} Vl. CHALLENGING CONFIDENTIALITY DESIGNATIONS - 17 A. Timing of Challenges. Any Party or Non-Party may challenge a 18 || designation of confidentiality at any time that is consistent with the Court’s 19 || Scheduling Order. 20 B. Meet and Confer. The Challenging Party shall initiate the dispute 21 ||resolution process under Local Rule 37.1 et seq. 22 C. — The burden of persuasion in any such challenge proceeding shall be on 23 ||the Designating Party. Frivolous challenges, and those made for an improper 24 ||purpose (e.g., to harass or impose unnecessary expenses and burdens on other 25 parties) may expose the Challenging Party to sanctions. Unless the Designating 26 || Party has waived or withdrawn the confidentiality designation, all parties shall 27 ||continue to afford the material in question the level of protection to which it is 28 || entitled under the Producing Party’s designation until the Court rules on the 9 Case No. 8:22-ev-01351

STIPULATED PROTECTIVE ORDER

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1 || challenge. 2 || VII. ACCESS TO AND USE OF PROTECTED MATERIAL 3 A. Basic Principles. A Receiving Party may use Protected Material that is 4 || disclosed or produced by another Party or by a Non-Party in connection with this 5 || Action only for prosecuting, defending, or attempting to settle this Action. Such 6 || Protected Material may be disclosed only to the categories of persons and under the 7 || conditions described in this Order. When the Action has been terminated, a Receiving 8||Party must comply with the provisions of section XIV below (FINAL 9 || DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a «| □□ ]}location and in a secure manner that ensures that access is limited to the persons 12 || authorized under this Order. SF 13 B. Disclosure _of “CONFIDENTIAL” Information or Items. Unless Z 14 || otherwise ordered by the court or permitted in writing by the Designating Party, a Zics 15 Receiving Party may disclose any information or item designated 16 || “CONFIDENTIAL” only to: - 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 18 ||as employees of said Outside Counsel of Record to whom it is reasonably necessary 19 || to disclose the information for this Action; 20 (b) the officers, directors, and employees (Including House Counsel) of the 21 Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 || disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 28 10 Case No. 8:22-cv-01351

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1 (f) professional jury or trial consultants, mock jurors, and Professional 2 || Vendors to whom disclosure is reasonably necessary for this Action and who have 3 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 || custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 9\|not be permitted to keep any confidential information unless they sign the 10 ||““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 5 11 |jagreed by the Designating Party or ordered by the court. Pages of transcribed : 12 || deposition testimony or exhibits to depositions that reveal Protected Material may be Se 13 || separately bound by the court reporter and may not be disclosed to anyone except as Z = 14 || permitted under this Stipulated Protective Order; and ie 15 (i) any mediator or settlement officer, and their supporting personnel, z 16 || mutually agreed upon by any of the parties engaged in settlement discussions. a 17 ||TX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 18 || IN OTHER LITIGATION 19 A. Ifa Party is served with a subpoena or a court order issued in other 20 || litigation that compels disclosure of any information or items designated in this 21 || Action as "CONFIDENTIAL," that Party must: 22 (1) promptly notify in writing the Designating Party. Such notification 23 || shall include a copy of the subpoena or court order; 24 (2) promptly notify in writing the party who caused the subpoena or 25 || order to issue in the other litigation that some or all of the material covered by the 26 || subpoena or order is subject to this Protective Order. Such notification shall include 27 ||a copy of this Stipulated Protective Order; and 28 11 Case No. 8:22-cv-01351

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1 (3) cooperate with respect to all reasonable procedures sought to be 2 || pursued by the Designating Party whose Protected Material may be affected. 3 B. If the Designating Party timely seeks a protective order, the Party served 4 || with the subpoena or court order shall not produce any information designated in this 5 ||action as “CONFIDENTIAL” before a determination by the court from which the 6 ||subpoena or order issued, unless the Party has obtained the Designating Party’s 7 ||permission. The Designating Party shall bear the burden and expense of seeking 8 || protection in that court of its confidential material and nothing in these provisions 9 || should be construed as authorizing or encouraging a Receiving Party in this Action to 10 || disobey a lawful directive from another court. s| I1|-X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 || PRODUCED IN THIS LITIGATION Be! 13 A. The terms of this Order are applicable to information produced by a Non- oy 14||Party in this Action and designated as “CONFIDENTIAL.” Such information 23 15 || produced by Non-Parties in connection with this litigation is protected by the 16 ||remedies and relief provided by this Order. Nothing in these provisions should be - 17 || construed as prohibiting a Non-Party from seeking additional protections. 18 B. — In the event that a Party is required, by a valid discovery request, to 19 || produce a Non-Party’s confidential information in its possession, and the Party is 20||subject to an agreement with the Non-Party not to produce the Non-Party’s 21 || confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 || that some or all of the information requested is subject to a confidentiality agreement 24 || with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 || specific description of the information requested; and 28 12 Case No. 8:22-ev-01351

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1 (3) make the information requested available for inspection by the 2 || Non-Party, if requested. 3 C. — Ifthe Non-Party fails to seek a protective order from this court within 14 4 || days of receiving the notice and accompanying information, the Receiving Party may 5 || produce the Non-Party’s confidential information responsive to the discovery request. 6 || If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 7\|any information in its possession or control that is subject to the confidentiality 8 || agreement with the Non-Party before a determination by the court. Absent a court 9 || order to the contrary, the Non-Party shall bear the burden and expense of seeking 10 || protection in this court of its Protected Material. s| □□□ XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed SF 13 || Protected Material to any person or in any circumstance not authorized under this Z 14||Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 2 16 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or - 17 || persons to whom unauthorized disclosures were made of all the terms of this Order, 18 ||and (d) request such person or persons to execute the “Acknowledgment and 19 || Agreement to Be Bound” that is attached hereto as Exhibit A. 20|| XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 || PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 || inadvertently produced material is subject to a claim of privilege or other protection, 24 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 26 || may be established in an e-discovery order that provides for production without prior 27 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 28 parties reach an agreement on the effect of disclosure of a communication or 13 Case No. 8:22-cv-01351

STIPULATED PROTECTIVE ORDER

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1 || information covered by the attorney-client privilege or work product protection, the 2 || parties may incorporate their agreement in the stipulated protective order submitted 3 || to the court. 4|| XII. MISCELLANEOUS 5 A. Right to Further Relief. Nothing in this Order abridges the right of any 6 || person to seek its modification by the Court in the future. 7 B. Right to Assert Other Objections. By stipulating to the entry of this 8 || Protective Order no Party waives any right it otherwise would have to object to 9 || disclosing or producing any information or item on any ground not addressed in this 10 || Stipulated Protective Order. Similarly, no Party waives any right to object on any s| 11 || ground to use in evidence of any of the material covered by this Protective Order. 12 C. Filing Protected Material. A Party that seeks to file under seal any SF 13 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may Z Z 14 || only be filed under seal pursuant to a court order authorizing the sealing of the specific 2 | Protected Material at issue. If a Party's request to file Protected Material under seal is 2 16 || denied by the court, then the Receiving Party may file the information in the public - 17 || record unless otherwise instructed by the court. 18 || XIV. FINAL DISPOSITION 19 A. After the final disposition of this Action, as defined in Section V, within 20 || sixty (60) days of a written request by the Designating Party, each Receiving Party 21 || must return all Protected Material to the Producing Party or destroy such material. As 22 |)used in this subdivision, “all Protected Material” includes all copies, abstracts, 23 || compilations, summaries, and any other format reproducing or capturing any of the 24 || Protected Material. Whether the Protected Material is returned or destroyed, the 25 || Receiving Party must submit a written certification to the Producing Party (and, if not 26 || the same person or entity, to the Designating Party) by the 60 day deadline that (1) 27 || identifies (by category, where appropriate) all the Protected Material that was returned 28 || or destroyed and (2) affirms that the Receiving Party has not retained any copies, 14 Case No. 8:22-cv-01351

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1 || abstracts, compilations, summaries or any other format reproducing or capturing any 2 ||of the Protected Material. Notwithstanding this provision, Counsel are entitled to 3 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 4 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 5 || reports, attorney work product, and consultant and expert work product, even if such 6 ||materials contain Protected Material. Any such archival copies that contain or 7 || constitute Protected Material remain subject to this Protective Order as set forth in 8 || Section V. 9 B. — Any violation of this Order may be punished by any and all appropriate 10||measures including, without limitation, contempt proceedings and/or monetary Fs 11 || sanctions.

12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

22. 14||DATED: December 2, 2022 MANNING & KASS 2S 15 ELLROD, RAMIREZ, TRESTER LLP ft as

Z| 16

al By: /s/ Kayleigh A, Andersen 18 Eugene P. Ramirez 19 Craig Smith Kayleigh A. Andersen 20 Attorneys for Defendants, CITY OF 71 ANAHEIM, JORGE CISNEROS, PAUL

DELGADO, BRETT HEITMAN,

22 KENNETH WEBER, and CAITLIN 3 PANOV 24 25 26 27 28 15 Case No. 8:22-cv-01351

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1 |} DATED: December 2, 2022 CITY OF ANAHEIM CITY ATTORNEY'S ) OFFICE 4 By: /s/ Moses W. Johnson IV 5 Moses W. Johnson IV 6 Attorneys for Defendants, CITY OF

ANAHEIM, JORGE CISNEROS, PAUL

7 DELGADO, BRETT HEITMAN, g KENNETH WEBER, and CAITLIN

PANOV

10 5 11 |} DATED: December 2, 2022 EVERETT DOREY LLP 12

Q 14 By: /s/ Christopher D. Lee zZ aE Christopher D. Lee, Esq. a 15 Attorneys for Defendant, CITY OF 9 16 SANTA ANA ml 17 18 19 DATED: December 2, 2022 LAW OFFICES OF DALE K. GALIPO

20 21 By: /s/ Renee V. Masongsong 22 Dale K. Galipo, Esq. 73 Renee V. Masongsong, Esq. Attorneys for Plaintiffs 24 25 26 27 28 16 Case No. 8:22-cv-01351

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1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 3 || DATED: _December 8, 2022 6 /s/ Autumn D. Spaeth 7 || HON. AUTUMN D. SPAETH United States Magistrate Judge 10 5 11

□ 12 Be ze) 4

Z| 16

al 18 19 20 21 22 23 24 25 26 27 28 17 Case No. 8:22-ev-01351

STIPULATED PROTECTIVE ORDER

Case □□□□□□□□□□□□□□□□□□□□□ Document 46 Filed 12/08/22 Page 18o0f18 Page ID #:552

l EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 II, [print or type full name], of 4 [print or type full address], declare under 5 || penalty of perjury that I have read in its entirety and understand the Stipulated 6 || Protective Order that was issued by the United States District Court for the Central 7 || District of California on [date] in the case of Lopez v. City of Anaheim, 8 || et al., Case No. 8:22-cv-01351-JVS-ADS . I agree to comply with and to be bound 9||by all the terms of this Stipulated Protective Order and I understand and 10 || acknowledge that failure to so comply could expose me to sanctions and punishment =| 11 ||in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 information or item that is subject to this Stipulated Protective Order to any SF 13 || person or entity except in strict compliance with the provisions of this Order. Z 14/||I further agree to submit to the jurisdiction of the United States District Court for 2 | 15||the Central District of California for the purpose of enforcing the terms of this 2 16 || Stipulated Protective Order, even if such enforcement proceedings occur after - 17 || termination of this action. I hereby appoint [print 18 || or type full name] of [print or type 19 || full address and telephone number] as my California agent for service of process 20 |}in connection with this action or any proceedings related to enforcement of this 21 || Stipulated Protective Order. 22 || Date: 23 || City and State where sworn and signed: 24 || Printed name: 25 || Signature: 26 27 28 18 Case No. 8:22-cv-01351

STIPULATED PROTECTIVE ORDER