Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 1 of 17 Page ID #:289

1

2

3

4

5

6

7

8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11

12 JOCELYN GOMEZ, decedent; ) Case No. 2:22-cv-05841-SVW (GJSx) SHIRLEY SECREST, an individual; ) 13 and IGNACIO NASH GOMEZ, an ) Honorable Stephen V. Wilson individual, ) 14 ) Plaintiffs, ) 15 vs. ) )

PROTECTIVE ORDER

) 16 COUNTY OF VENTURA, a )

governmental entity; CALIFORNIA ) 17 FORENSIC MEDICAL GROUP, INC., ) a California Corporation; WELLPATH ) 18 LLC, a Delaware Limited Liability ) Company; DEPUTY OSEGUERERA, ) 19 an individual; SERGEANT RAMIREZ, ) an individual; SHIRLEY ) 20 MORRISSEY, an individual; MARY ) LEE BALDUEZA, an individual; ) 21 JANICE MOSS, an individual; ) CHRYSTAL PARAS, an individual; ) 22 ERIKA COOLMAN, an individual; ) SUSAM VARGAS, an individual; ) 23 JONATHAN DE FELIPE, an ) individual; and DOES 1 through 50 ) 24 inclusive, ) ) Defendants. ) 25

26

27

28 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 2 of 17 Page ID #:290

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 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. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve the exchange of documents, items, materials, 13 law enforcement sensitive information, medical records, personnel information and 14 other information that contain sensitive and confidential information that derives 15 actual or potential value from not being generally known to the public, are the 16 subject of reasonable efforts to maintain their confidentiality, and for which special 17 protection from public disclosure and from use for any purpose other than 18 prosecution of this action is warranted. These records include materials relating to 19 the investigation of Decedent Jocelyn Gomez’s death, material relating to or 20 regarding the personnel files and/or records of Ventura County Sheriff’s Office or 21 Wellpath employees, medical records, records concerning the description, design, 22 and layout of the Ventura County Jail, material relating to incidents involving 23 Plaintiffs or Decedent containing sensitive and private information regarding third 24 parties, Ventura County and/or Wellpath policies, procedures, and/or training 25 materials, sensitive and private information regarding third parties, Internal Affairs 26 materials and information, video recordings, photograph, audio recordings, and 27 other materials and information depicting and/or describing the layout of any jail 28 facility. This action is also expected to include the use of sensitive information and 2 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 3 of 17 Page ID #:291

1 records relating to Decedent’s physical health, mental health, substance use and 2 treatment, as well as criminal records involving Decedent and/or Plaintiffs. 3 Such confidential materials and information consist of, among other things, 4 documents and/or writings protected by the Official Information Privilege, the right 5 to privacy guaranteed by in the Federal Constitution, First Amendment, California 6 Constitution, Article I, Section I, and various California Government, Penal, and 7 Evidence Code section, as well as information otherwise generally unavailable to 8 the public, or which may be privileged or otherwise protected from disclosure under 9 state or federal statutes, court rules, case decisions, or common law. Accordingly, to 10 expedite the flow of information, to facilitate the prompt resolution of disputes over 11 confidentiality of discovery materials, to adequately protect information the parties 12 are entitled to keep confidential, to ensure that the parties are permitted reasonable 13 necessary uses of such material in preparation for and in the conduct of trial, to 14 address their handling at the end of the litigation, and serve the ends of justice, a 15 protective order for such information is justified in this matter. It is the intent of the 16 parties that information will not be designated as confidential for tactical reasons 17 and that nothing be so designated without a good faith belief that it has been 18 maintained in a confidential, non-public manner, and there is good cause why it 19 should not be part of the public record of this case. 20 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 21 The parties further acknowledge, as set forth in Section 12.3, below, that this 22 Stipulated Protective Order does not entitle them to file confidential information 23 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 24 and the standards that will be applied when a party seeks permission from the court 25 to file material under seal. 26 There is a strong presumption that the public has a right of access to judicial 27 proceedings and records in civil cases. In connection with non-dispositive motions, 28 good cause must be shown to support a filing under seal. See Kamakana v. City and 3 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 4 of 17 Page ID #:292

1 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 2 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 3 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 4 require good cause showing), and a specific showing of good cause or compelling 5 reasons with proper evidentiary support and legal justification, must be made with 6 respect to Protected Material that a party seeks to file under seal. The parties’ mere 7 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 8 without the submission of competent evidence by declaration, establishing that the 9 material sought to be filed under seal qualifies as confidential, privileged, or 10 otherwise protectable—constitute good cause. 11 Further, if a party requests sealing related to a dispositive motion or trial, then 12 compelling reasons, not only good cause, for the sealing must be shown, and the 13 relief sought shall be narrowly tailored to serve the specific interest to be protected. 14 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 15 each item or type of information, document, or thing sought to be filed or introduced 16 under seal in connection with a dispositive motion or trial, the party seeking 17 protection must articulate compelling reasons, supported by specific facts and legal 18 justification, for the requested sealing order. Again, competent evidence supporting 19 the application to file documents under seal must be provided by declaration. 20 Any document that is not confidential, privileged, or otherwise protectable in 21 its entirety will not be filed under seal if the confidential portions can be redacted. 22 If documents can be redacted, then a redacted version for public viewing, omitting 23 only the confidential, privileged, or otherwise protectable portions of the document, 24 shall be filed. Any application that seeks to file documents under seal in their 25 entirety should include an explanation of why redaction is not feasible. 26 2. DEFINITIONS 27 2.1 Action: Jocelyn Gomez, et al. v. County of Ventura, et al., Case No. 28 2:22-cv-05841-SVW (GJSx). 4 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 5 of 17 Page ID #:293

1 2.2 Challenging Party: a Party or Non-Party that challenges the 2 designation of information or items under this Order. 3 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored or maintained) or tangible things that qualify for 5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 6 the Good Cause Statement. 7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 8 their support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL.” 12 2.6 Disclosure or Discovery Material: all items or information, regardless 13 of the medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things), that are produced or 15 generated in disclosures or responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who has been retained by a Party or its counsel to serve as 18 an expert witness or as a consultant in this Action. 19 2.8 House Counsel: attorneys who are employees of a party to this Action. 20 House Counsel does not include Outside Counsel of Record or any other outside 21 counsel. 22 2.9 Non-Party: any natural person, partnership, corporation, association or 23 other legal entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of a 25 party to this Action but are retained to represent or advise a party to this Action and 26 have appeared in this Action on behalf of that party or are affiliated with a law firm 27 that has appeared on behalf of that party, and includes support staff. 28 2.11 Party: any party to this Action, including all of its officers, directors, 5 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 6 of 17 Page ID #:294

1 employees, consultants, retained experts, and Outside Counsel of Record (and their 2 support staffs). 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation 6 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL.” 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery 12 Material from a Producing Party. 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by Parties or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of the 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 4. DURATION 21 FINAL DISPOSITION of the action is defined as the conclusion of any 22 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 23 has run. Except as set forth below, the terms of this protective order apply through 24 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 25 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 26 but will have to file a separate action for enforcement of the agreement once all 27 proceedings in this case are complete. 28 6 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 7 of 17 Page ID #:295

1 Once a case proceeds to trial, information that was designated as 2 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 3 as an exhibit at trial becomes public and will be presumptively available to all 4 members of the public, including the press, unless compelling reasons supported by 5 specific factual findings to proceed otherwise are made to the trial judge in advance 6 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record). Accordingly, for 9 such materials, the terms of this protective order do not extend beyond the 10 commencement of the trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. The Designating Party must designate for 16 protection only those parts of material, documents, items or oral or written 17 communications that qualify so that other portions of the material, documents, items 18 or communications for which protection is not warranted are not swept unjustifiably 19 within the ambit of this Order. 20 Mass, indiscriminate or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating 24 Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 8 of 17 Page ID #:296

1 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 2 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 3 under this Order must be clearly so designated before the material is disclosed or 4 produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 10 contains protected material. If only a portion of the material on a page qualifies for 11 protection, the Producing Party also must clearly identify the protected portion(s) 12 (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be 17 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 18 documents it wants copied and produced, the Producing Party must determine which 19 documents, or portions thereof, qualify for protection under this Order. Then, 20 before producing the specified documents, the Producing Party must affix the 21 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 22 portion of the material on a page qualifies for protection, the Producing Party also 23 must clearly identify the protected portion(s) (e.g., by making appropriate markings 24 in the margins). 25 (b) for testimony given in depositions that the Designating Party identifies 26 the Disclosure or Discovery Material on the record, before the close of the 27 deposition all protected testimony. 28 (c) for information produced in some form other than documentary and 8 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 9 of 17 Page ID #:297

1 for any other tangible items, that the Producing Party affix in a prominent place on 2 the exterior of the container or containers in which the information is stored the 3 legend “CONFIDENTIAL.” If only a portion or portions of the information 4 warrants protection, the Producing Party, to the extent practicable, shall identify the 5 protected portion(s). 6 (d) in the case of depositions, Designating Party may designate all or any 7 portion of the deposition testimony given regarding the Confidential Information in 8 this litigation as Confidential Information orally during the deposition. Any 9 questions intended to elicit testimony regarding the contents of the Confidential 10 Information shall be conducted only in the presence of persons authorized to review 11 the Confidential Information as provided in this Order. Any deposition transcript 12 containing such questions and testimony shall be subject to the same protections and 13 precautions applicable to the Confidential Information. 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items does not, standing alone, waive 16 the Designating Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make reasonable 18 efforts to assure that the material is treated in accordance with the provisions of this 19 Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time that is consistent with the Court’s 23 Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37.1 et seq. 26 6.3 The burden of persuasion in any such challenge proceeding shall be on 27 the Designating Party. Frivolous challenges, and those made for an improper 28 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 9 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 10 of 17 Page ID #:298

1 parties) may expose the Challenging Party to sanctions. Unless the Designating 2 Party has waived or withdrawn the confidentiality designation, all parties shall 3 continue to afford the material in question the level of protection to which it is 4 entitled under the Producing Party’s designation until the Court rules on the 5 challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending or attempting to settle this Action. Such 10 Protected Material may be disclosed only to the categories of persons and under the 11 conditions described in this Order. When the Action has been terminated, a 12 Receiving Party must comply with the provisions of section 13 below (FINAL 13 DISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 (b) any party to this Action and the officers, directors, and employees 25 (including House Counsel) of the Receiving Party to whom disclosure is reasonably 26 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 10 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 11 of 17 Page ID #:299

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 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 21 IN OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation 23 that compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL,” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or order 28 to issue in the other litigation that some or all of the material covered by the 11 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 12 of 17 Page ID #:300

1 subpoena or order is subject to this Protective Order. Such notification shall include 2 a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this 7 action as “CONFIDENTIAL” before a determination by the court from which the 8 subpoena or order issued, unless the Party has obtained the Designating Party’s 9 permission. The Designating Party shall bear the burden and expense of seeking 10 protection in that court of its confidential material and nothing in these provisions 11 should be construed as authorizing or encouraging a Receiving Party in this Action 12 to disobey a lawful directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 (a) The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 17 produced by Non-Parties in connection with this litigation is protected by the 18 remedies and relief provided by this Order. Nothing in these provisions should be 19 construed as prohibiting a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to 21 produce a Non-Party’s confidential information in its possession, and the Party is 22 subject to an agreement with the Non-Party not to produce the Non-Party’s 23 confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party 25 that some or all of the information requested is subject to a confidentiality 26 agreement with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the Stipulated 28 Protective Order in this Action, the relevant discovery request(s), and a reasonably 12 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 13 of 17 Page ID #:301

1 specific description of the information requested; and 2 (3) make the information requested available for inspection by the 3 Non-Party, if requested. 4 (c) If the Non-Party fails to seek a protective order from this court within 5 14 days of receiving the notice and accompanying information, the Receiving Party 6 may produce the Non-Party’s confidential information responsive to the discovery 7 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 8 not produce any information in its possession or control that is subject to the 9 confidentiality agreement with the Non-Party before a determination by the court. 10 Absent a court order to the contrary, the Non-Party shall bear the burden and 11 expense of seeking protection in this court of its Protected Material. 12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 17 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 18 persons to whom unauthorized disclosures were made of all the terms of this Order, 19 and (d) request such person or persons to execute the “Acknowledgment and 20 Agreement to Be Bound” that is attached hereto as Exhibit A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 27 procedure may be established in an e-discovery order that provides for production 28 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 13 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 14 of 17 Page ID #:302

1 (e), insofar as the parties reach an agreement on the effect of disclosure of a 2 communication or information covered by the attorney-client privilege or work 3 product protection, the parties may incorporate their agreement in the stipulated 4 protective order submitted to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in this 11 Stipulated Protective Order. Similarly, no Party waives any right to object on any 12 ground to use in evidence of any of the material covered by this Protective Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Local Civil Rule 79-5. Protected Material 15 may only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party’s request to file Protected Material 17 under seal is denied by the court, then the Receiving Party may file the information 18 in the public record unless otherwise instructed by the court. 19 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in paragraph 4, within 60 21 days of a written request by the Designating Party, each Receiving Party must return 22 all Protected Material to the Producing Party or destroy such material. As used in 23 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 24 summaries, and any other format reproducing or capturing any of the Protected 25 Material. Whether the Protected Material is returned or destroyed, the Receiving 26 Party must submit a written certification to the Producing Party (and, if not the same 27 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 28 (by category, where appropriate) all the Protected Material that was returned or 14 Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 15 of 17 Page ID #:303

1 destroyed and (2) affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or any other format reproducing or capturing any 3 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 6 reports, attorney work product, and consultant and expert work product, even if such 7 materials contain Protected Material. Any such archival copies that contain or 8 constitute Protected Material remain subject to this Protective Order as set forth in 9 Section 4 (DURATION). 10 14. VIOLATION 11 Any violation of this Order may be punished by appropriate measures including, 12 without limitation, contempt proceedings and/or monetary sanctions. 13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 14 Dated: January 10, 2023 ERCOLANI LAW GROUP 15

16 By /s/ Russ W. Ercolani Russ W. Ercolani 17 Attorneys for Plaintiffs 18

19 Dated: January 10, 2023 LAWRENCE BEACH ALLEN & CHOI, PC 20 By /s/ Rocco Zambito, Jr. 21 Rocco Zambito, Jr. Attorneys for County Defendants 22

23 Dated: January 10, 2023 BERTLING LAW GROUP 24 25 By /s/ Jemma Parker Saunders Jemma Parker Saunders 26 Attorneys for Wellpath Defendants

27

28 15 Case 4/22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 16o0f17 Page ID #:304

] 2 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 4 || DATED: January 11, 2023 6 Upvr TY 8 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

Case 2:22-cv-05841-SVW-GJS Document 37 Filed 01/11/23 Page 17 of 17 Page ID #:305

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Jocelyn Gomez, et al. v. County of Ventura, et al., Case No. 9 2:22-cv-05841-SVW (GJSx). I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 17