1 || Eugene P. Ramirez (State Bar No. 134865) cugene. ramirez @manningkass.com 2 || Kayleigh Andersen (State Bar No. 306442) Kayleigh andersen@manningkass.com 3 || MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

4||/801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 5 || Telephone: (213) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendants, COUNTY OF SAN BERNARDINO and SHERIFF 7 || SHANNON DICUS 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

n 10 2 11 LOUIE SORIA, individually and as Case No. 5:22-CV-01958-JGB-KK successor-in-interest as father of — 12 || Decedent Isaac Soria, MARIA SORIA, [The Hon. Jesus G. Bernal; The Hon. © individually and as successor-in-interest | Kenly Kiya Kato] z 13 |} as mother of Decedent Isaac Soria S$ 14 Plaintiff, STIPULATED PROTECTIVE

COUNTY OF SAN BERNARDINO,

SHERIFF SHANNON DICUS, and Complaint Filed: 11/04/2022 17 || DOES 1-10, inclusive FAC) Filed: 03/02/2023 18 Defendant. 19 20 || TO THE HONORABLE COURT: 21 By and through their counsel of record in this action, plaintiffs LOUIE SORIA, 22 individually and as successor-in-interest as father of Decedent Isaac Soria, MARIA 23 || SORIA, individually and as successor-in-interest as mother of Decedent Isaac Soria 24 || (‘Plaintiffs’) and defendants COUNTY OF SAN BERNARDINO and SHERIFF 25 || SHANNON DICUS (“Defendants”) — the parties — hereby stipulate for the purpose 26 || of jointly requesting that the honorable Court enter a protective order re confidential 27 ||documents in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26; and any 28 || applicable Orders of the Court] — as follows:

1 GOOD CAUSE STATEMENT 2|}1. GOOD CAUSE STATEMENT. 3}/1.1. Contentions re Harm from Disclosure of Confidential Materials. 4 Defendants contend that there is good cause and a particularized need for a 5 || protective order to preserve the interests of confidentiality and privacy in peace officer 6 personnel file records and associated investigative or confidential records for the 7 || following reasons. 8 First, Defendants contend that peace officers have a federal privilege of privacy 9 ||in their personnel file records: a reasonable expectation of privacy therein that is ”n 10 || underscored, specified, and arguably heightened by the Pitchess protective procedure 2 11 || of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 12 || (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 13 |} 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based S 14 |)discovery disputes involving federal claims,” the “state privilege law which is 15 ||consistent with its federal equivalent significantly assists in applying [federal] 16 || privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 17 ||n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 18 |] [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 19||§§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 20 || uncontrolled disclosure of such personnel file information can threaten the safety of 21 ||non-party witnesses, officers, and their families/associates. 22 Second, Defendants contend that municipalities and law enforcement agencies 23 ||have federal deliberative-executive process privilege, federal official information 24 || privilege, federal law enforcement privilege, and federal attorney-client privilege 25 || (and/or attorney work product protection) interests in the personnel files of their peace 26 || officers — particularly as to those portions of peace officer personnel files that contain 27 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 28 || communications for the purposes of obtaining or rendering legal advice or analysis —

1 || potentially including but not limited to evaluative/analytical portions of Internal 2 || Affairs type records or reports, evaluative/analytical portions of supervisory records 3 || or reports, and/or reports prepared at the direction of counsel, or for the purpose of 4 || obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 5 ||Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 6 || 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 7 || 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 8 || Hamstreet vy. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 9 ||v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants ”n 10 || further contend that such personnel file records are restricted from disclosure by the 2 11 || public entity’s custodian of records pursuant to applicable California law and that = 12 |)uncontrolled release is likely to result in needless intrusion of officer privacy; 13 ||impairment in the collection of third-party witness information and statements S and related legitimate law enforcement investigations/interests; and a chilling of 15|;open and honest discussion regarding and/or investigation into alleged 16 || misconduct that can erode a public entity’s ability to identify and/or implement 17 remedial measures that may be required. 18 Third, Defendants contend that, since peace officers do not have the same rights 19 |)as other private citizens to avoid giving compelled statements, it is contrary to the 20 ||fundamental principles of fairness to permit uncontrolled release of officers’ 21 ||compelled statements. See generally Lybarger y. City of Los Angeles, 40 Cal.3d 822, 22 || 828-830 (1985); cf. U.S. Const., amend V. 23 Accordingly, Defendants contend that, without a protective order preventing 24 || such, production of confidential records in the case can and will likely substantially 25 ||impair and harm defendant public entity’s interests in candid self-critical analysis, 26 || frank internal deliberations, obtaining candid information from witnesses, preserving 27 ||the safety of witnesses, preserving the safety of peace officers and peace officers’ 28 ||families and associates, protecting the privacy officers of peace officers, and

1 ||preventing pending investigations from being detrimentally undermined by 2 || publication of private, sensitive, or confidential information — as can and often does 3 || result in litigation. 4 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve 5 || the respective interests of the parties without the need to further burden the Court with 6 ||such issues. Specifically, the parties jointly contend that, absent this Stipulation and 7 \|1ts associated Protective Order, the parties’ respective privilege interests may be 8 || impaired or harmed, and that this Stipulation and its associated Protective Order may 9 || avoid such harm by permitting the parties to facilitate discovery with reduced risk that ”n 10 || privileged and/or sensitive/confidential information will become matters of public 2 11 || record. = 12 1.2. The parties jointly contend that there is typically a particularized need 13 |)for protection as to any medical or psychotherapeutic records and autopsy S 14 || photographs, because of the privacy interests at stake therein. Because of these 15 |] sensitive interests, a Court Order should address these documents rather than a private 16 || agreement between the parties. 17 1.3. The parties therefore stipulate that there is Good Cause for, and hereby 18 |] jointly request that the honorable Court issue/enter, a Protective Order re confidential 19 || documents consistent with the terms and provisions of this Stipulation. However, the 20 ||entry of a Protective Order by the Court pursuant to this Stipulation shall not be 21 ||construed as any ruling by the Court on the aforementioned legal statements or 22 || privilege claims in this section (§ 1), nor shall this section be construed as part of any 23 || such Court Order. 24 A. PURPOSES AND LIMITATIONS. 25 Disclosure and discovery activity in this action are likely to involve production 26 || of confidential, proprietary, or private information for which special protection from 27 || public disclosure and from use for any purpose other than prosecuting or defending 28 || this litigation would be warranted. Accordingly, the parties hereby stipulate to and

1 || petition the court to enter the following Stipulation and an associated Order. 2 The parties acknowledge that this Stipulation and associated Order does not 3 || confer blanket protections on all disclosures or responses to discovery and that the 4 || protection it affords extends only to the specified information or items that are entitled 5 || to treatment as confidential. 6 The parties further acknowledge, as set forth below, that this Stipulation and 7||Order creates no entitlement to file confidential information under seal; Central 8 || District Local Rules 79-5.1 and 79-5.2 set(s) forth the procedures that must be 9 || followed and reflects the standards that will be applied when a party seeks permission ”n 10 || from the court to file material under seal. 2 11 Nothing in this Stipulation or associated Order shall be construed so as to = 12 |)/require or mandate that any Party disclose or produce privileged information or 13 |]records that could be designated as Confidential Documents/Protected Material 14 || hereunder. 15 |}2. DEFINITIONS. 16 2.1. Party: any party to this action, including all of its officers, directors, 17 |}employees, agents, consultants, retained experts, house counsel and outside counsel 18 || (and/or the support staff thereof). 19 2.2. Disclosure or Discovery Material: all items or information, regardless 20 || of the medium or manner generated, stored or maintained (including, among other 21 || things, testimony, transcripts, or tangible things) that are produced — or generated in 22 || disclosures or responses to discovery — by any Party in this matter. 23 2.3. “Confidential” Information or Items: information (regardless of the 24 || medium or how generated, stored, or maintained) or tangible things that qualify for 25 || protection under standards developed under Federal Rule of Civil Procedure 26(c) 26 ||and/or applicable federal privileges. This material includes, but is not limited to, 27 ||medical records, psychotherapeutic records, and autopsy photographs; as well as 28 || peace officer personnel records as defined by California Penal Code sections 832.8,

1 || 832.5, 832.7 and the associated case law; and other similar confidential records 2 || designated as such. 3 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 4 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking 5 || a deposition or comparable testimony. 6 2.5. Producing Party: a Party or non-party that produces Disclosure or 7\| Discovery Material in this action, including a Party that is defending a deposition 8 || noticed or subpoenaed by another Party; additionally, for the limited purpose of 9 || designating testimony subject to this Stipulation and Order pursuant to section 6.2(b) ”n 10 || (infra), a “Producing Party” shall also be construed to include a Party that is attending 2 11 || and/or participating in a non-party deposition noticed/subpoenaed by another Party. = 12 2.6. Designating Party: a Party or non-party public entity employer of a Party 13 || that designates information or items that 1t produces in disclosures or in responses to S 14||discovery as “CONFIDENTIAL.” 15 2.7. Protected Material: any Disclosure or Discovery Material that is || designated as “CONFIDENTIAL” under the provisions of this Stipulation and 17 || Protective Order. (The term “Confidential Document” shall be synonymous with the 18 |]/term “Protected Material” for the purposes of this Stipulation and any associated 19 || Protective Order.) 20 2.8. Outside Counsel: attorneys who are not employees of a Party but who 21 || are retained to represent or advise a Party in this action (as well as their support staffs). 22 2.9. House Counsel: attorneys who are employees of a Party (as well as their 23 || support staffs). 24 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as 25 || well as their support staffs). 26 2.11. Expert: a person with specialized knowledge or experience in a matter 27 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 ||an expert witness or as a consultant in this action and who is not a past or a current

1 ||}employee of a Party and who, at the time of retention, 1s not anticipated to become an 2 ||employee of a Party or a competitor of a Party’s; as well as any person retained, 3 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 4 || Procedure 26(a)(2) or other applicable discovery Rules or statutes. 5 2.12. Professional Vendors: persons or entities that provide litigation support 6||services (e.g., photocopying; videotaping; translating; preparing exhibits or 7 || demonstrations; and/or organizing, storing, retrieving data in any form or medium; 8 || etc.); and their employees and subcontractors. 9 || 3. SCOPE OF PROTECTION. ”n 10 The protections conferred by this Stipulation and its associated Order cover not 2 11 |}only Protected Material/Confidential Documents (as defined above), but also (1) any = 12 |)information copied or extracted from Protected Material; (2) all copies, excerpts, 13 |}summaries, or compilations of Protected Material; and (3) any testimony, S 14 |) conversations, or presentations by Parties or their Counsel that might reveal Protected 15 || Material. However, the protections conferred by this Stipulation and its associated 16 || Order do not cover the following information: (a) any information that is in the public 17 || domain at the time of disclosure to a Receiving Party or becomes part of the public 18 || domain after its disclosure to a Receiving Party as a result of publication not involving 19 |/a violation of this Order, including becoming part of the public record through trial or 20 || otherwise; and (b) any information known to the Receiving Party prior to the 21 || disclosure or obtained by the Receiving Party after the disclosure from a source who 22 || obtained the information lawfully and under no obligation of confidentiality to the 23 || Designating Party. 24 Any use of Protected Material at trial or other court hearings or proceedings 25 || shall be governed by the Orders of the trial judge, and the Stipulated Protective Order 26 || does not govern the use of Protected Material at trial. 27 || 4. DURATION OF PROTECTION. 28 Even after final disposition of this litigation, the confidentiality obligations

1 |}imposed by this Order shall remain in effect until a Designating Party agrees 2 || otherwise in writing or a court order otherwise directs. 3 Final disposition shall be deemed to be the later of (1) dismissal of all claims || and defenses in this action, with or without prejudice; and (2) final judgment herein 5 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or 6 || reviews of this action, including the time limits for filing any motions or applications 7 || for extension of time pursuant to applicable law. 8 ||5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL

DOCUMENTS.

9 ”n 10 5.1. Exercise of Restraint and Care in Designating Material for Protection. 2 11 Each Party or non-party that designates information or items for protection = ||under this Stipulation and its associated Order must take care to limit any such 13 || designation to specific material that qualifies under the appropriate standards. A S 14 |) Designating Party must take care to designate for protection only those parts of 15 || material, documents, items, or oral or written communications that qualify — so that 16|/other portions of the material, documents, items or communications for which 17 || protection 1s not warranted are not swept unjustifiably within the ambit of this Order. 18 Mass, indiscriminate, or routine designations are prohibited. Designations that 19 |)are shown to be clearly unjustified, or that have been made for an improper purpose 20 || (e.g., to unnecessarily encumber or retard the case development process, or to impose 21 ||} unnecessary expenses and burdens on other parties), expose the Designating Party to 22 || sanctions. 23 If it comes to a Party’s or a non-party’s attention that information or items that 24 ||/it designated for protection do not qualify for protection at all, or do not qualify for 25 || the level of protection initially asserted, that Party or non-party must promptly notify 26 || all other parties that it is withdrawing the mistaken designation. 27 5.2. Manner and Timing of Designations. Except as otherwise provided in 28 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection

1 ||under this Order must be clearly so designated before the material is disclosed or 2 || produced. 3 Designation in conformity with this Order requires: 4 (a) for information in documentary form (apart from transcripts of 5 || depositions or other pretrial or trial proceedings, and regardless of whether produced 6||in hardcopy or electronic form), that the Producing Party affix the legend 7 || “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 8 || or portions of the material on a page qualifies for protection, the Producing Party also 9 || must clearly identify the protected portion(s) (e.g., by making appropriate markings ”n 10 || in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The 2 11 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the = 12 |)substance of the page’s (or pages’) text or content and shall be in the margin of the 13 || document whenever possible. S 14 A Party or Non-Party that makes original documents or materials available for 15 inspection need not designate them for protection until after the inspecting Party has 16 || indicated which material it would like copied and produced. During the inspection 17 |) and before the designation, all of the material made available for inspection shall be 18 || 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 21 ||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 |jidentify the protected portion(s) (e.g., by making appropriate markings in the 25 || margins). 26 (b) for testimony given in deposition or in other pretrial or trial proceedings, 27 || that the Party or non-party offering or sponsoring the testimony identify on the record, 28 ||before the close of the deposition, hearing, or other proceeding, all protected

1 ||testimony, and further specify any portions of the testimony that qualify as 2 || “CONFIDENTIAL.” When it is impractical to identify separately each portion of 3 || testimony that is entitled to protection, and when it appears that substantial portions of the testimony may qualify for protection, the Producing Party may invoke on the 5 || record (before the deposition or proceeding is concluded) a right to have up to twenty 6 || (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 7||Only those portions of the testimony that are appropriately designated as 8 ||“CONFIDENTIAL” for protection within the 20 days shall be covered by the 9 || provisions of this Stipulation and its associated Protective Order. ”n 10 The court reporter must affix to each such transcript page containing Protected 2 11 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party. = 12 (c) for information produced in some form other than documentary, and for 13 || any other tangible items (including but not limited to information produced on disc or S 14 || electronic data storage device), that the Producing Party affix in a prominent place on 15 || the exterior of the container or containers in which the information or item is stored 16 || the legend “CONFIDENTIAL.” If only portions of the information or item warrant 17 || protection, the Producing Party, to the extent practicable, shall identify the protected 18 || portions, specifying the material as “CONFIDENTIAL.” 19 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, 20 || though not necessarily, within 30 days of production or disclosure of such material), 21|}an inadvertent failure to designate qualified information or items as 22 || “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to 23 ||secure protection under this Stipulation and its associated Order for such material. 24 If material is appropriately designated as “CONFIDENTIAL” after the material 25 || was initially produced, the Receiving Party, on timely notification of the designation, 26 || must make reasonable efforts to assure that the material is treated in accordance with 27 || this Stipulation and its associated Order. 28

1 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 2 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 3 |/designation of confidentiality at any time that is consistent with the Court's 4 □□ Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality 5 □□ designation is necessary to avoid foreseeable substantial unfairness, unnecessary 6 || economic burdens, or a later significant disruption or delay of the litigation, a Party 7 || does not waive its right to challenge a confidentiality designation by electing not to 8 || mount a challenge promptly after the original designation is disclosed. 9 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a ”n 10 || Challenging Party shall initiate a dispute resolution process by providing written 2 11 ||notice of each specific designation it is challenging, and describing the basis (and = 12 ||supporting authority or argument) for each challenge. To avoid ambiguity as to 13 || whether a challenge has been made, the written notice must recite that the challenge S 14 confidentiality is being made in accordance with this specific paragraph of the 15 |] associated Protective Order. The parties shall attempt to resolve each challenge in 16 || good faith and must begin the process by conferring directly (in voice to voice 17 || dialogue, either in person, telephonically, or by other comparable means, but not by 18 || correspondence) within 14 days of the date of service of notice. 19 In conferring, the Challenging Party must explain the specific basis for its belief 20 || that the confidentiality designation was not proper and must give the Designating 21||Party an opportunity to review the designated material, to reconsider the 22 || circumstances, and, if no change in designation is offered, to explain the basis for the 23 ||chosen designation. A Challenging Party may proceed to the next stage of the 24 || challenge process only if it has engaged in this meet and confer process first or 25 || establishes that the Designating Party is unwilling to participate in the meet and confer 26 || process in a timely manner. 27 Frivolous challenges, and those challenges made for an improper purpose (e.g., 28 || to harass or impose unnecessary expenses and burdens on other parties), may expose

| || the Challenging Party to sanctions. 2 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality 3 challenge without court intervention, the Challenging Party shall file and serve a || motion to remove confidentiality (under the applicable rules for filing and service of 5 || discovery motions) within 14 days of the parties agreeing that the meet and confer 6 || process will not resolve their dispute, or by the first day of trial of this matter, 7 || whichever date is earlier — unless the parties agree in writing to a longer time. 8 The parties must strictly comply with Central District Local Rules 37-1 and 37- 9||2 (including the joint stipulation re discovery dispute requirement) in any motion ”n 10 || associated with this Protective Order. Any motion challenging a party's designation 2 11 || of material as Confidential Information or seeking to modify or amend the proposed = 12 || protective order must be brought at a time consistent with the Court's Scheduling 13 || Order and in strict compliance with Local Rules 37-1 and 37-2 (including the Joint Ss 14 || Stipulation requirement). 15 Each such motion must be accompanied by a competent declaration affirming 16 || that the movant has complied with the meet and confer requirements imposed in the 17 || preceding paragraph. Any motion brought pursuant to this provision must be 18 |] accompanied by a competent declaration affirming that the movant has complied with 19 || the meet and confer requirements imposed by the preceding paragraph. 20 The burden of persuasion in any such challenge proceeding shall be on the 21 || Designating Party, regardless of whether the Designating Party is the moving party or 22 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and 23 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses 24 || and burdens on other parties) may expose the Challenging Party to sanctions. Unless 25 || the Designating Party has waived the confidentiality designation by failing to oppose 26 ||a motion to remove confidentiality as described above, all parties shall continue to 27 || afford the material in question the level of protection to which it is entitled under the 28 || Producing Party’s designation until the court rules on the challenge.

1 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 2 || Designating Party may remove Protected Material/Confidential Documents from 3 ||some or all of the protections and provisions of this Stipulation and its associated 4 || Order at any time by any of the following methods: 5 (a) Express Written Withdrawal. A Designating Party may withdraw a 6||“CONFIDENTIAL” designation made to any specified Protected Material 7 \|/Confidential Documents from some or all of the protections of this Stipulation and 8 || its associated Order by an express withdrawal in a writing signed by such Party (or 9 |}such Party’s Counsel, but not including staff of such Counsel) that specifies and ”n 10 ||itemizes the Disclosure or Discovery Material previously designated as Protected 2 11 || Material/Confidential Documents that shall no longer be subject to all or some of the = 12 || provisions of this Stipulation and Order. Such express withdrawal shall be effective 13 || when transmitted or served upon the Receiving Party. If a Designating Party is S 14 || withdrawing Protected Material from only some of the provisions/ protections of this 15 |] Stipulation and Order, such Party must state which specific provisions are no longer 16||to be enforced as to the specified material for which confidentiality protection 17 ||hereunder is withdrawn: otherwise, such withdrawal shall be construed as a 18 || withdrawal of such material from all of the protections/provisions of this Stipulation 19 || and Order; 20 (b) Express Withdrawal on the Record. A Designating Party may withdraw 21\}a “CONFIDENTIAL” designation made to any _ specified Protected 22 || Material/Confidential Documents from all of the provisions/protections of this 23 || Stipulation and its associated Order by verbally consenting in court proceedings on ||the record to such withdrawal — provided that such withdrawal specifies the 25 ||Disclosure or Discovery Material previously designated as Protected Material/ 26 || Confidential Documents that shall no longer be subject to any of the provisions of this 27 ||Stipulation and Order. A Designating Party is not permitted to withdraw Protected 28 || Material from only some of the protections/provisions of this Stipulation and Order

1 || by this method; 2 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 3 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 4 || designation made to any specified Protected Material/Confidential Documents from 5 || all of the provisions/protections of this Stipulation and Order by either (1) making 6 ||such Protected Material/Confidential Records part of the public record — including 7\|but not limited to attaching such as exhibits to any filing with the court without 8 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely 9 || oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to ”n 10 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and 2 11 |;Order shall be construed so as to require any Party to file Protected = 12 || Material/Confidential Documents under seal, unless expressly specified herein. 13 ||7. ACCESS TO AND USE OF PROTECTED MATERIAL. S 14 7.1. Basic Principles. A Receiving Party may use Protected Material that is 15 || disclosed or produced by another Party or by a non-party in connection with this case 16 || only for preparing, prosecuting, defending, or attempting to settle this litigation — up 17 || to and including final disposition of the above-entitled action — and not for any other 18 || purpose, including any other litigation or dispute outside the scope of this action. 19 |) Such Protected Material may be disclosed only to the categories of persons and under 20 || the conditions described in this Stipulation and its associated Order. When the above 21 |jentitled litigation has been terminated, a Receiving Party must comply with the 22 || provisions of section 11, below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 || authorized under this Stipulation and its Order. 26 7.2. Disclosure □□□ “CONFIDENTIAL” Information or Items. Unless 27 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 28 || Receiving Party may disclose any information or item designated CONFIDENTIAL

1 || only to: 2 (a) the Receiving Party’s Outside Counsel of record in this action, as well 3 ||as employees of such Counsel to whom it is reasonably necessary to disclose the 4 || information for this litigation; 5 (b) the officers, directors, and employees (including House Counsel) of the 6 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each 7 \|of whom, by accepting receipt of such Protected Material, thereby agree to be bound 8 || by this Stipulation and Order; 9 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party ”n 10 ||to whom disclosure is reasonably necessary for this litigation — each of whom, by 2 11 |}accepting receipt of such Protected Material, thereby agree to be bound by this = 12 || Stipulation and Order; 13 (d) court reporters, their staffs, and Professional Vendors to whom S 14 || disclosure is reasonably necessary for this litigation — each of whom, by accepting 15 |]receipt of such Protected Material, thereby agree to be bound by this Stipulation and 16 || Order; 17 (e) during their depositions, witnesses in the action to whom disclosure is 18 |]/reasonably necessary — each of whom, by accepting receipt of such Protected 19 ||Material, thereby agree to be bound by this Stipulation and Order. Pages of 20 || transcribed deposition testimony or exhibits to depositions that reveal Protected 21 || Material must have a confidential designation affixed by the court reporter to such 22 || pages containing Protected Material and such may not be disclosed to anyone except 23 || as permitted under this Stipulation and its Protective Order. 24 (f) the author or custodian of a document containing the information that 25 || constitutes Protected Material, or other person who otherwise possessed or knew the 26 || information. 27 (g) the court and its personnel, including court reporters and their staff. 28 || Protected Material may be disclosed to the court and its personnel without requiring

1 || such persons to agree to be bound by the Stipulation and Order. 2 (h) any mediator or settlement officer, and their supporting personnel, 3 || mutually agreed upon by any of the parties engaged in settlement discussions. 4 5||8. PROTECTED MATERIAL SUBPOENAED OR ORDERED ‘ PRODUCED IN OTHER LITIGATION.

7 If a Party is served with a subpoena or a court order issued in other litigation 8 ||that compels disclosure of any information or items designated in this action as 9 || “CONFIDENTIAL,” that Party must: ”n 10 (a) promptly notify in writing the Designating Party, preferably (though not 2 11 || necessarily) by facsimile or electronic mail. Such notification shall include a copy of = 12 || the subpoena or court order at issue; 13 (b) promptly notify in writing the party who caused the subpoena or order to S 14 |/issue in the other litigation that some or all of the material covered by the subpoena 15 || or order is subject to this Stipulation and its Protective Order. Such notification shall 16 || include a copy of this Stipulation and its Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be pursued 18 || by all sides in any such situation, while adhering to the terms of this Stipulation and 19 || its Order. 20 If the Designating Party timely seeks a protective order, the Party served with 21 || the subpoena or court order shall not produce any information designated in this action 22 ||as “CONFIDENTIAL” before a determination by the court from which the subpoena 23 || or order issued, unless the Party has obtained the Designating Party’s permission. The 24 || Designating Party shall bear the burden and expense of seeking protection in that court 25 || of its confidential material — and nothing in these provisions should be construed as 26 || authorizing or encouraging a Receiving Party in this action to disobey a lawful 27 || directive from another court. 28 The purpose of this section is to ensure that the affected Party has a meaningful

1 ||}opportunity to preserve its confidentiality interests in the court from which the 2 || subpoena or court order issued. 3 || 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 4 9.1. Unauthorized Disclosure of Protected Material. 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 || Protected Material to any person or in any circumstance not authorized under this 7 || Stipulation and Order, the Receiving Party must immediately: 8 (a) notify in writing the Designating Party of the unauthorized disclosures; 9 (b) use its best efforts to retrieve all copies of the Protected Material; ”n 10 (c) inform the person or persons to whom unauthorized disclosures were made 2 11 || of all the terms of this Order; and = 12 (d) request such person or persons consent to be bound by the Stipulation and 13 || Order. S 14 9.2. Inadvertent Production of Privileged or Otherwise Protected Material. 15 When a Producing Party gives notice to Receiving Parties that certain 16 || inadvertently produced material is subject to a claim of privilege or other protection, 17 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 |] Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 19 |) may be established in an e-discovery order that provides for production without prior 20 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 22 ||information covered by the attorney-client privilege or work product protection, the 23 || parties may incorporate their agreement in the stipulated protective order submitted 24 || to the court. 25|}10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED. 26 10.1. Filing of Protected Material. 27 Without advance written permission from the Designating Party, or a court 28 || order secured after appropriate notice to all interested persons, a Receiving Party may

1 ||not file in the public record in this action any Protected Material. A Party that seeks 2 || to file under seal any Protected Material must comply with the applicable Federal and 3 || Local Rules. 4 10.2. Public Dissemination of Protected Material. 5 A Receiving Party shall not publish, release, post, or disseminate Protected 6 || Material to any persons except those specifically delineated and authorized by this 7 || Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish, 8 || release, leak, post, or disseminate Protected Material/Confidential Documents to any 9 || news media, member of the press, website, or public forum (except as permitted under ”n 10 || section 7.5 regarding filings with the court in this action and under seal). 2 ||11. FINAL DISPOSITION. = 12 After the final disposition of this Action, as defined in paragraph 4, within 60 13 || days of a written request by the Designating Party, each Receiving Party must return S 14 |) all Protected Material to the Producing Party or destroy such material. As used in this 15 |]subdivision, “all Protected Material” includes all copies, abstracts, compilations, 16 |]}summaries, and any other format reproducing or capturing any of the Protected 17 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party 18 |] must submit a written certification to the Producing Party (and, if not the same person 19 |jor entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 20 || category, where appropriate) all the Protected Material that was returned or destroyed 21 |jand (2)affirms that the Receiving Party has not retained any copies, abstracts, 22 ||compilations, summaries or any other format reproducing or capturing any of the 23 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 24 ||archival copy of all pleadings, motion papers, trial, deposition, and hearing 25 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 26 || reports, attorney work product, and consultant and expert work product, even if such 27 ||materials contain Protected Material. Any such archival copies that contain or 28 || constitute Protected Material remain subject to this Protective Order as set forth in

1 || Section 4 (DURATION). 2/12. MISCELLANEOUS. 3 12.1. Right to Further Relief. Nothing in this Stipulation and its Order 4 || abridges the right of any person to seek its modification by the Court in the future. 5 12.2. Right to Assert Other Objections. By stipulating to the entry of a 6 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise 7\| would have to object to disclosing or producing any information or item on any 8 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any 9 || right to object on any ground to use in evidence any of the material covered by this ”n 10 || Stipulation and its Protective Order. 2 11 12.3. This Stipulation may be signed in counterpart and a facsimile or = 12 |) electronic signature shall be as valid as an original signature. Oo z 13 IT IS SO STIPULATED.

S 14

1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3||DATED: — August 04, 2023 4 5 [eon by

HON. KENLY KTYA KATO

United States Magistrate Judge

n 10 < 11 — 12 24; 4 Ss 16

18 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full 4 name], of [print or type full address], declare 5 || under 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 Louie Soria, et al. v. 8 || County of San Bernardino, et al., Case No. 5:22-CV-01958-JGB-KK. I agree to 9 || comply with and to be bound by all the terms of this Stipulated Protective Order and ”n 10 || I understand and acknowledge that failure to so comply could expose me to sanctions 2 11 || and punishment in the nature of contempt. I solemnly promise that I will not disclose = 12 ||in any manner any information or item that is subject to this Stipulated Protective 13 |) Order to any person or entity except in strict compliance with the provisions of this Ss 14 |] Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 || for the Central District of California for the purpose of enforcing the terms of this 17 || Stipulated Protective Order, even if such enforcement proceedings occur after 18 || termination of this action. I hereby appoint [print 19 || or type full name] of [print or type 20 || full address and telephone number] as my California agent for service of process 21 |}in connection with this action or any proceedings related to enforcement of this 22 || Stipulated Protective Order. 23 || Date: 24 || City and State where sworn and signed: 25 || Printed name: 26 || Signature: 27 28