1 DYKEMA GOSSETT LLP ATKINSON, ANDELSON, LOYA,

TAMARA A. BUSH, SB #197153 RUUD & ROMO

2 TBush@dykema.com A Professional Law Corporation

SAMANTHA J. HUGHES, SB #299021 ANGELA M. POWELL SB #191876

3 SJHughes@dykema.com Angela.Powell@aalrr.com 444 South Flower Street, Suite 2200 ERIC GAMBOA SB # 311924 4 Los Angeles, California 90071 Eric.Gamboa@aalrr.com Telephone: (213) 457-1800 12800 Center Court Dr. South, Ste. 300 5 Facsimile: (213) 457-1850 Cerritos, California 90703-9364 Telephone: (562) 653-3200 6 Attorneys for Defendants Facsimile: (562) 653-3333

U-HAUL CO. OF CALIFORNIA;

7 U-HAUL INTERNATIONAL, INC. Attorneys for Defendants

U-HAUL CO. OF WASHINGTON CITY OF FONTANA; CHIEF

8 WILLIAM GREEN; SERGEANT

HADSELL STORMER RENICK & KYLE SLUSSER; OFFICER

9 DAI LLP JACOB GREGG; LIEUTENANT

DAN STORMER, ESQ. SB #101967 MATT KRAUT; CHRISTOPHER

10 DStormer@hadsellstormer.com GONZALES; and OFFICER

BRIAN OLNEY, ESQ. SB #298089 ANDRES RODRIGUEZ

11 Bolney@hadsellstormer.com 128 North Fair Oaks Avenue 12 Pasadena, California 91103 Telephone: (626) 585-9600 13 Facsimile: (626) 577-7079

14 Attorneys for Plaintiff

OSCAR CORONA

15

16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 18 OSCAR CORONA, Case No. 5:22-cv-00034-JGB (SPx)

19 Plaintiff, Honorable Jesus G. Bernal Courtroom 1 (Riverside) 20 v. Magistrate Sheri Pvm Courtroom 3 (Riverside) 21 CITY OF FONTANA; CHIEF

WILLIAM GREEN; SERGEANT AMENDED STIPULATED

22 KYLE SLUSSER; OFFICER JACOB PROTECTIVE ORDER

GREGG; LIEUTENANT MATT

23 KRAUT; CHRISTOPHER Complaint Filed: 01-07-22 GONZALEZ; OFFICER ANDRES Corrected First Amended 24 RODRIGUEZ; U-HAUL CO. OF Complaint Filed: 10-18-22 CALIFORNIA; U-HAUL CO. OF 2nd Amended Complaint 01-19-23 25 WASHINGTON; U-HAUL 3rd Party Complaint Filed: 11-14-22 INTERNATIONAL, INC.; and 3rd Party Complaint Stricken 02-07-23 26 DOES 1-10, Discovery Cut-Off: 05-01-23 27 Defendants. Motion Cut-Off 07-17-23 Trial Date: 09-12-23 1

SERGEANT KYLE SLUSSER,

2 CHRISTOPHER GONZALEZ; AND

OFFICER ANDRES RODRIGUEZ,

3 Third Party Plaintiffs, 4 v. 5

U-HAUL CO. OF CALIFORNIA, U-

6 HAUL INTERNATIONAL, INC., and ROES 1 to 10, inclusive, 7 Third Party Defendants. 8

9 10 TO THE HONORABLE COURT: 11 By and through their counsel of record in this action, Plaintiff OSCAR 12 CORONA (“Plaintiff”), and Defendant CITY OF FONTANA, CHIEF WILLIAM 13 GREEN; SERGEANT KYLE SLUSSER; OFFICER JACOB GREGG; 14 LIEUTENANT MATT KRAUT; CHRISTOPHER GONZALES (erroneously sued 15 as Christopher Gonzalez); and OFFICER ANDRES RODRIGUEZ (“City 16 Defendants”); and Defendants U-HAUL CO. OF CALIFORNIA, U-HAUL CO. 17 OF WASHINGTON, and U-HAUL INTERNATIONAL, INC. (“U-Haul 18 Defendants”), (collectively hereinafter “the parties”) hereby stipulate for the 19 purpose of jointly requesting that the Honorable Court modify the Stipulated 20 Protective Order re confidential documents for the limited purpose of including the 21 newly-named U-Haul Defendants. The parties hereby stipulate in this matter as 22 follows: 23 1. A. PURPOSES AND LIMITATIONS 24 Discovery in this action is likely to involve production of confidential, 25 proprietary, or private information for which special protection from public 26 disclosure and from use for any purpose other than prosecuting this litigation may 27 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 1 Stipulated Protective Order does not confer blanket protections on all disclosures or 2 responses to discovery and that the protection it affords from public disclosure and 3 use extends only to the limited information or items that are entitled to confidential 4 treatment under the applicable legal principles. The parties further acknowledge, as 5 set forth in Section 12.3, below, that this Stipulated Protective Order does not 6 entitle them to file confidential information under seal; Civil Local Rule 79-5 sets 7 forth the procedures that must be followed and the standards that will be applied 8 when a party seeks permission from the court to file material under seal. 9 B. GOOD CAUSE STATEMENT 10 1.1 Contentions re Harm from Disclosure of Confidential Materials. 11 The City Defendants contend that there is good cause and a particularized 12 need for a Protective Order to preserve the interests of confidentiality and privacy 13 in peace officer personnel file records and associated investigative or confidential 14 records for the following reasons. 15 First, the City Defendants contend that peace officers have a federal privilege 16 of privacy in their personnel file records: a reasonable expectation of privacy 17 therein that is underscored, specified, and arguably heightened by the Pitchess 18 protective procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 19 F.2d 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. 20 LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law 21 applies to privilege based discovery disputes involving federal claims,” the “state 22 privilege law which is consistent with its federal equivalent significantly assists in 23 applying [federal] privilege law to discovery disputes”); Soto v. City of Concord, 24 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have 25 constitutionally-based “privacy rights [that] are not inconsequential” in their police 26 personnel records); cf. Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040- 27 1047. The City Defendants further contend that uncontrolled disclosure of such 1 and their families/associates. 2 Second, the City Defendants contend that municipalities and law 3 enforcement agencies have federal deliberative-executive process privilege, federal 4 official information privilege, federal law enforcement privilege, and federal 5 attorney-client privilege (and/or attorney work product protection) interests in the 6 personnel files of their peace officers – particularly as to those portions of peace 7 officer personnel files that contain critical self-analysis, internal 8 deliberation/decision-making or evaluation/analysis, or communications for the 9 purposes of obtaining or rendering legal advice or analysis – potentially including 10 but not limited to evaluative/analytical portions of Internal Affairs type records or 11 reports, evaluative/analytical portions of supervisory records or reports, and/or 12 reports prepared at the direction of counsel, or for the purpose of obtaining or 13 rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon 14 Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); 15 Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668- 16 671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 17 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. 18 Co. v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). The City 19 Defendants further contend that such personnel file records are restricted from 20 disclosure by the public entity’s custodian of records pursuant to applicable 21 California law and that uncontrolled release is likely to result in needless intrusion 22 of officer privacy; impairment in the collection of third-party witness information 23 and statements and related legitimate law enforcement investigations/interests; and 24 a chilling of open and honest discussion regarding and/or investigation into alleged 25 misconduct that can erode a public entity’s ability to identify and/or implement any 26 remedial measures that may be required. 27 Third, the City Defendants contend that, since peace officers do not have the 1 contrary to the fundamental principles of fairness to permit uncontrolled release of 2 officers’ compelled statements. See generally Lybarger v. City of Los Angeles, 40 3 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V. 4 Accordingly, the City Defendants contend that, without a Protective Order 5 preventing such, production of confidential records in the case can and will likely 6 substantially impair and harm the City Defendant public entity’s interests in candid 7 self-critical analysis, frank internal deliberations, obtaining candid information 8 from witnesses, preserving the safety of witnesses, preserving the safety of peace 9 officers and peace officers’ families and associates, protecting the privacy officers 10 of peace officers, and preventing pending investigations from being detrimentally 11 undermined by publication of private, sensitive, or confidential information – as 12 can and often does result in litigation. 13 1.2 U-Haul Defendants’ Contentions re Harm from Disclosure of 14 Confidential Materials 15 Discovery in this action may involve trade secrets, customer and pricing lists 16 and other valuable research, development, commercial, financial, technical and/or 17 proprietary information for which special protection from public disclosure and 18 from use for any purpose other than prosecution of this action is warranted. Such 19 confidential and proprietary materials and information consist of, among other 20 things, confidential business or financial information, information regarding 21 confidential business practices, or other confidential research, development, or 22 commercial information (including information implicating privacy rights of third 23 parties), information otherwise generally unavailable to the public, or which may be 24 privileged or otherwise protected from disclosure under state or federal statutes, 25 court rules, case decisions, or common law. Examples of U-Haul Defendants’ 26 confidential and proprietary information and documents include, but are not limited 27 to marketing strategies, vendor and dealer agreements, training materials and 1 serious harm to the U-Haul Defendants and a loss of competitive advantage. 2 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 3 of disputes over confidentiality of discovery materials, to adequately protect 4 information the parties are entitled to keep confidential, to ensure that the parties 5 are permitted reasonable necessary uses of such material in preparation for and in 6 the conduct of trial, to address their handling at the end of the litigation, and serve 7 the ends of justice, a protective order for such information is justified in this matter. 8 It is the intent of the parties that information will not be designated as confidential 9 for tactical reasons and that nothing be so designated without a good faith belief 10 that it has been maintained in a confidential, non-public manner, and there is good 11 cause why it should not be part of the public record of this case. 12 Protected Material shall not include (a) advertising materials published or 13 intended to be published to the general public; (b) materials that on their face show 14 that they have been published to the general public; or, (c) documents that have 15 been submitted to any government entity without request for confidential treatment, 16 with the exception of personally identifiable information, documents that are 17 protected by the attorney-client privilege and/or work product doctrine. 18 1.3 Plaintiff does not agree with and does not stipulate to Defendants’ 19 contentions herein above. Among other things, the City Defendants’ reliance on 20 Pitchess and other state law privileges are inapplicable in this federal question case, 21 in which federal law governs any claim of privilege. Fed. R. Evid. 501; United 22 States v. Zolin, 491 U.S. 554, 562 (1989) (“Questions of privilege that arise in the 23 course of the adjudication of federal rights are ‘governed by the principles of the 24 common law as they may be interpreted by the courts of the United States in the 25 light of reason and experience.’” (quoting Fed. R. Evid. 501)); see also Kelly v. San 26 Jose, 114 F.R.D. 653, 655 (N.D. Cal. 1987) (“[I]n a civil rights case brought under 27 federal statutes questions of privilege are resolved by federal law. State privilege 1 courts in these kinds of cases.” (citing Kerr v. U.S. District Court for the N. Dist. of 2 Cal., 5111 F.2d 192, 197 (9th Cir. 1975), and Breed v. United States Dist. Ct., 542 3 F.2d 1114, 1115 (9th Cir. 1976)). Nothing in this Stipulation or its associated 4 Protective Order indicates any agreement by Plaintiff with the legal arguments and 5 claimed privileges set forth in § 1.1 above. 6 However, Plaintiff agrees that there is Good Cause for a Protective Order so 7 as to preserve the respective interests of the parties without the need to further 8 burden the Court with such issues. Specifically, the parties jointly contend that, 9 absent this Stipulation and its associated Protective Order, the parties’ respective 10 privilege interests may be impaired or harmed, and that this Stipulation and its 11 associated Protective Order may avoid such harm by permitting the parties to 12 facilitate discovery with reduced risk that privileged and/or sensitive/confidential 13 information will become matters of public record. 14 1.4 The parties jointly contend that there is typically a particularized need 15 for protection as to any medical records because of the privacy interests at stake 16 therein. Because of these sensitive interests, a Court Order should address these 17 documents rather than a private agreement between the parties. 18 1.5 The parties therefore stipulate that there is Good Cause for, and hereby 19 jointly request that the honorable Court issue/enter, a Protective Order re 20 confidential documents consistent with the terms and provisions of this Stipulation. 21 However, the entry of a Protective Order by the Court pursuant to this Stipulation 22 shall not be construed as any ruling by the Court on the aforementioned legal 23 statements or privilege claims in this section (§ 1), nor shall this section be 24 construed as part of any such Court Order. 25 1.6 It is the intent of the parties that information will not be designated as 26 confidential for tactical reasons and that nothing be so designated without a good 27 faith belief that it has been maintained in a confidential, non-public manner, and 1 2. DEFINITIONS 2 2.1 Action: Oscar Corona v. City of Fontana, et al., Case No. 5:22-cv- 3 00034-JGB (SPx) 4 2.2 Challenging Party: a Party or Non-Party that challenges the 5 designation of information or items under this Order. 6 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 7 how it is generated, stored or maintained) or tangible things that qualify for 8 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 9 the Good Cause Statement. 10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 11 their support staff). 12 2.5 Designating Party: a Party or Non-Party that designates information or 13 items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 2.6 Disclosure or Discovery Material: all items or information, regardless 16 of the medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are produced 18 or generated in disclosures or responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 an expert witness or as a consultant in this Action. 22 2.8 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.9 Non-Party: any natural person, partnership, corporation, association, or 26 other legal entity not named as a Party to this action. 27 2.10 Outside Counsel of Record: attorneys who are not employees of a 1 have 2 appeared in this Action on behalf of that party or are affiliated with a law 3 firm which has appeared on behalf of that party, and includes support staff. 4 2.11 Party: any party to this Action, including all of its officers, directors, 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 7 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 8 Discovery Material in this Action. 9 2.13 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 13 2.14 Protected Material: any Disclosure or Discovery Material that is 14 designated as “CONFIDENTIAL.” 15 2.15 Receiving Party: a Party that receives Disclosure or Discovery 16 Material from a Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Protective Order cover not 19 only Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 Any use of Protected Material at trial shall be governed by the orders of the 24 trial judge. This Protective Order does not govern the use of Protected Material at 25 trial. 26 4. DURATION 27 Once a case proceeds to trial, all of the information that was designated as 1 will be presumptively available to all members of the public, including the press, 2 unless compelling reasons supported by specific factual findings to proceed 3 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 4 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 5 “good cause” showing for sealing documents produced in discovery from 6 “compelling reasons” standard when merits-related documents are part of court 7 record). Accordingly, the terms of this Protective Order do not extend to the 8 CONFIDENTIAL information and materials introduced or admitted as an exhibit at 9 trial. Even after final disposition of this litigation, the confidentiality obligations 10 imposed by this Protective Order shall remain in effect for any CONFIDENTIAL 11 information and materials that were not introduced or admitted at trial until a 12 Designating Party agrees otherwise in writing or a court order otherwise directs. 13 Final disposition shall be deemed to be the later of (1) dismissal of all claims and 14 defenses in this Action, with or without prejudice; and (2) final judgment herein 15 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 16 reviews of this Action, including the time limits for filing any motions or 17 applications for extension of time pursuant to applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under 21 this Protective Order must take care to limit any such designation to specific 22 material that qualifies under the appropriate standards. The Designating Party must 23 designate for protection only those parts of material, documents, items, or oral or 24 written communications that qualify so that other portions of the material, 25 documents, items, or communications for which protection is not warranted are not 26 swept unjustifiably within the ambit of this Protective Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 1 purpose (e.g., to unnecessarily encumber the case development process or to 2 impose unnecessary expenses and burdens on other parties) may expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in 8 this Protective Order (see, e.g., second paragraph of section 5.2(a) below), or as 9 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 10 protection under this Protective Order must be clearly so designated before the 11 material is disclosed or produced. 12 Designation in conformity with this Protective Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix at a minimum, the legend 16 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 17 contains protected material. If only a portion or portions of the material on a page 18 qualifies for protection, the Producing Party also must clearly identify the protected 19 portion(s) (e.g., by making appropriate markings in the margins). The 20 CONFIDENTIAL legend should not cover or obscure any text or images. 21 A Party or Non-Party that makes original documents available for inspection 22 need not designate them for protection until after the inspecting Party has indicated 23 which documents it would like copied and produced. During the inspection and 24 before the designation, all of the material made available for inspection shall be 25 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 26 documents it wants copied and produced, the Producing Party must determine 27 which documents, or portions thereof, qualify for protection under this Protective 1 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 2 If only a portion or portions of the material on a page qualifies for protection, the 3 Producing Party also must clearly identify the protected portion(s) (e.g., by making 4 appropriate markings in the margins). 5 (b) for testimony given in depositions that the Designating Party 6 identify the Disclosure or Discovery Material on the record, before the close of the 7 deposition all protected testimony. 8 (c) for information produced in some form other than documentary 9 and for any other tangible items, that the Producing Party affix in a prominent place 10 on the exterior of the container or containers in which the information is stored the 11 legend “CONFIDENTIAL.” If only a portion or portions of the information 12 warrants protection, the Producing Party, to the extent practicable, shall identify the 13 protected portion(s). 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 Protective Order for 17 such material. Upon timely correction of a designation, the Receiving Party must 18 make reasonable efforts to assure that the material is treated in accordance with the 19 provisions of this 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 1 parties) may expose the Challenging Party to sanctions. Unless the Designating 2 Party has waived or withdrawn the confidentiality designation, all parties 3 shall 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 Protective Order. When the Action has been 12 terminated, a Receiving Party must comply with the provisions of section 13 below 13 (FINAL 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 Protective 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; 22 (b) the Receiving Party’s Outside Counsel of Record in this Action, 23 as well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (c) the officers, directors, and employees (including House 26 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 27 this Action; 1 (d) Experts (as defined in this Protective Order) of the Receiving 2 Party to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (e) the Court and its personnel; 5 (f) court reporters and their staff; 6 (g) professional jury or trial consultants, mock jurors, and 7 Professional Vendors to whom disclosure is reasonably necessary for this Action 8 and who have signed the “Acknowledgment and Agreement to Be Bound” 9 (Exhibit A); 10 (h) the author or recipient of a document containing the information 11 or a custodian or other person who otherwise possessed or knew the information; 12 (i) during their depositions, witnesses, and attorneys for witnesses, 13 in the Action to whom disclosure is reasonably necessary provided: (1) the 14 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 15 and (2) they will not be permitted to keep any confidential information unless they 16 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 17 otherwise agreed by the Designating Party or ordered by the Court. Pages of 18 transcribed deposition testimony or exhibits to depositions that reveal Protected 19 Material may be separately bound by the court reporter and may not be disclosed to 20 anyone except as permitted under this Protective Order; and 21 (j) any mediator or settlement officer, and their supporting 22 personnel, mutually agreed upon by any of the parties engaged in settlement 23 discussions. 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 PRODUCED IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 1 (a) promptly notify in writing the Designating Party. Such notification 2 shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall include 6 a copy of this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be 8 pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served 10 with the subpoena or court order shall not produce any information designated in 11 this action as “CONFIDENTIAL” before a determination by the court from which 12 the subpoena or order issued, unless the Party has obtained the Designating Party’s 13 permission. The Designating Party shall bear the burden and expense of seeking 14 protection in that court of its confidential material and nothing in these provisions 15 should be construed as authorizing or encouraging a Receiving Party in this Action 16 to disobey a lawful directive from another court. 17 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 18 PRODUCED IN THIS LITIGATION 19 (a) the terms of this Protective Order are applicable to information 20 produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” 21 Such information produced by Non-Parties in connection with this litigation is 22 protected by the remedies and relief provided by this Protective Order. Nothing in 23 these provisions should be construed as prohibiting a Non-Party from seeking 24 additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 1 (1) promptly notify in writing the Requesting Party and the Non- 2 Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a 6 reasonably specific description of the information requested; and 7 (3) make the information requested available for inspection by the 8 Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this Court within 10 14 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the Court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this Court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not authorized 20 under this Protective Order, the Receiving Party must immediately (a) notify in 21 writing the Designating Party of the unauthorized disclosures, (b) use its best 22 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 23 person or persons to whom unauthorized disclosures were made of all the terms of 24 this Protective Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 26 Exhibit A. 27 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other 5 protection, the obligations of the Receiving Parties are those set forth in Federal 6 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 7 whatever procedure may be established in an e-discovery order that provides for 8 production without prior privilege review. Pursuant to Federal Rule of Evidence 9 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 10 of a communication or information covered by the attorney-client privilege or work 11 product protection, the parties may incorporate their agreement in the stipulated 12 protective order submitted to the Court. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Protective Order abridges the 15 right of any person to seek its modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in 19 this Stipulated Protective Order. Similarly, no Party waives any right to object on 20 any ground to use in evidence of any of the material covered by this Protective 21 Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material 24 may only be filed under seal pursuant to a court order authorizing the sealing of the 25 specific Protected Material at issue. If a Party’s request to file Protected Material 26 under seal is denied by the Court, then the Receiving Party may file the information 27 in the public record unless otherwise instructed by the Court. 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must 4 return all Protected Material to the Producing Party or destroy such material. As 5 used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if 9 not the same person or entity, to the Designating Party) by the 60-day deadline that 10 (1) identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 are entitled to retain an archival copy of all pleadings, motion papers, trial, 15 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 16 and trial exhibits, expert reports, attorney work product, and consultant and expert 17 work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective 19 Order as set forth in Section 4 (DURATION). 20 14. VIOLATION 21 Any violation of this Protective Order may be punished by any and all 22 appropriate measures including, without limitation, contempt proceedings and/or 23 monetary sanctions. 24 /// 25 /// 26 27 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: March 23, 2023 DYKEMA GOSSETT LLP

4 By: /s/ Tamara A. Bush 5 TAMARA A. BUSH

SAMANTHA J. HUGHES

6 Attorneys for Defendants, 7 U-HAUL CO. OF CALIFORNIA; 8 U-HAUL INTERNATIONAL, INC.;

U-HAUL CO. OF WASHINGTON

9 10 DATED: March 23, 2023 HADSELL STORMER RENICK & DAI LLP 11

12 By: /s/ Brian Olney 13 DAN STORMER

BRIAN OLNEY

14 Attorneys for Plaintiff, 15 OSCAR CORONA 16

17 DATED: March 23, 2023 ATKINSON, ANDELSON, LOYA, RUUD & 18 ROMO

19 By: /s/ Angela Powell 20 ANGELA POWELL

MAE G. ALBERTO

21

ERIC GAMBOA

22 Attorneys for Defendants,

CITY OF FONTANA; CHIEF WILLIAM

23

GREEN; SERGEANT KYLE SLUSSER;

24 OFFICER JACOB GREGG;

LIEUTENANT MATT KRAUT;

25

CHRISTOPHER GONZALEZ; OFFICER

26 ANDRES RODRIGUEZ

27 1 ATTESTATION 2 Pursuant to Local Rule 5-4.3.4, the signatories listed above, and on whose 3 behalf the filing is submitted, concur in the filing’s content and have authorized the 4 filing. 5 6 /s/ Tamara A. Bush

TAMARA A. BUSH

7

8 9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 10 11 DATED:_April 3, 2023 _____________________________________ Honorable Sheri Pym 12 United States District Court Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 issued by the United States District Court for the Central District of California 7 on [date] in the case of Oscar Corona v. City of Fontana, et al., Case No. 5:22-cv- 8 00034-JGB (SPx). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [print or 18 type full name] of _______________________________________ [print or type 19 full address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 23 Dated: __________________________ 24 City and State where sworn and signed: __________________________________ 25 26 Printed Name: __________________________________ 27