LAW OFFICES OF DALE K. GALIPO

1 Dale K. Galipo, Esq. (SBN 144074) dalekgalipo@yahoo.com 2 Marcel F. Sincich, Esq. (SBN 319508) msincich@galipolaw.com 3 21800 Burbank Boulevard, Suite 310 Woodland Hills, CA 91367 4 Phone: (818) 347-3333 | Fax: (818) 347-4118

5 LAW OFFICES OF GRECH & PACKER Trenton C. Packer (SBN 241057) 6 tpacker@grechpackerlaw.com 7095 Indiana Ave Ste 200 7 Riverside, CA 92506 Phone: (951) 682-9311 8 Attorneys for Plaintiff XAVIER LOPEZ 9

PHAEDRA A. NORTON (SBN 200271)

10 City Attorney

REBECCA MCKEE-REIMBOLD (SBN 279485)

11 Assistant City Attorney

DEBRA K. COOK (SBN 250114)

12 Senior Deputy City Attorney

OFFICE OF THE CITY ATTORNEY

13 3750 University Avenue, Suite 250 Riverside, CA 92501 14 Telephone (951) 826-5567 Facsimile (951) 826-5540 15 Attorneys for Defendants CITY OF RIVERSIDE and EVAN WRIGHT 16

17

UNITED STATES DISTRICT COURT

18

CENTRAL DISTRICT OF CALIFORNIA

19

20 XAVIER LOPEZ, CASE No.: 5:21-cv-02140-PSG (JCx)

Plaintiff, 21 [Honorable Philip S. Gutierrez] vs. Magistrate Judge John E. McDermott 22

23 CITY OF RIVERSIDE; EVAN STIPULATED PROTECTIVE WRIGHT; and DOES 1 through 10, inclusive, ORDER 24

25 Defendants. [CHANGES MADE BY COURT TO 26 PARAGRAPHS 3, 8 & 9c] 27 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, or 3 private information for which special protection from public disclosure and from 4 use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery 8 and that the protection it affords from public disclosure and use extends only to 9 the limited information or items that are entitled to confidential treatment under 10 the applicable legal principles. The parties further acknowledge, as set forth in 11 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 12 file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a 14 party seeks permission from the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 This action involves the officer-involved shooting of Plaintiff Xavier Lopez 17 on January 26, 2021 for which special protection from public disclosure and from 18 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 medical records, personnel records, and use of force 21 investigation and review records (including information implicating privacy rights 22 of third parties), information otherwise generally unavailable to the public, or 23 which may be privileged or otherwise protected from disclosure under state or 24 federal statutes, court rules, case decisions, or common law. Accordingly, to 25 expedite the flow of information, to facilitate the prompt resolution of disputes 26 over confidentiality of discovery materials, to adequately protect information the 27 parties are entitled to keep confidential, to ensure that the parties are permitted 1 trial, to address their handling at the end of the litigation, and serve the ends of 2 justice, a protective order for such information is justified in this matter. It is the 3 intent of the parties that information will not be designated as confidential for 4 tactical reasons and that nothing be so designated without a good faith belief that 5 it has been maintained in a confidential, non-public manner, and there is good 6 cause why it should not be part of the public record of this case. 7 2. DEFINITIONS 8 2.1 Action: This pending federal law suit. 9 2.2 Challenging Party: a Party or Non-Party that challenges the 10 designation of information or items under this Order. 11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for 13 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 14 the Good Cause Statement. 15 2.4 Counsel: Counsel of Record (as well as their support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information 17 or items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless 20 of the medium or manner in which it is generated, stored, or maintained 21 (including, among other things, testimony, transcripts, and tangible things), that 22 are produced or generated in disclosures or responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a 24 matter pertinent to the litigation who has been retained by a Party or its counsel to 25 serve as an expert witness or as a consultant in this Action. 26 2.8 Non-Party: any natural person, partnership, corporation, association, 27 or other legal entity not named as a Party to this action. 1 2.9 Outside Counsel of Record: attorneys who are not employees of a 2 party to this action but are retained to represent or advise a party to this action and 3 have appeared in this action on behalf of that party or are affiliated with a law firm 4 which has appeared on behalf of that party, and includes support staff. 5 2.10 Party: any party to this action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and 7 their support staffs). 8 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this action. 10 24.12 Professional Vendors: persons or entities that provide litigation 11 support services (e.g., photocopying, videotaping, translating, preparing exhibits 12 or demonstrations, and organizing, storing, or retrieving data in any form or 13 medium) and their employees and subcontractors. 14 2.13 Protected Material: any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL.” 16 2.14 Receiving Party: a Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or 21 extracted from Protected Material; (2) all copies, excerpts, summaries, or 22 compilations of Protected Material; and (3) any deposition testimony, 23 conversations, or presentations by Parties or their Counsel that might reveal 24 Protected Material other than during a court hearing or at trial. 25 Any use of Protected Material during a court hearing or at trial shall be 26 governed by the orders of the presiding judge. This Order does not govern the use 27 of Protected Material during a court hearing or at trial. 1 4. DURATION 2 Once a case proceeds to trial, all the information that was designated as 3 confidential or maintained under this Order becomes public and will be 4 presumptively available to all members of the public, including the press, unless 5 the trial judge finds compelling reasons to proceed otherwise. See Kamakana v. 6 City & Cnty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 7 “good cause” showing for sealing documents produced in discovery from 8 “compelling reasons” needed for merits-related documents). Accordingly, the 9 terms of this Order do not extend beyond the beginning of trial. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for 12 Protection. Each Party or Non-Party that designates information or items for 13 protection under this Order must take care to limit any such designation to specific 14 material that qualifies under the appropriate standards. The Designating Party 15 must designate for protection only those parts of material, documents, items, or 16 oral or written communications that qualify so that other portions of the material, 17 documents, items, or communications for which protection is not warranted are 18 not swept unjustifiably within the ambit of this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. 20 Designations that are shown to be clearly unjustified or that have been made for 21 an improper purpose (e.g., to unnecessarily encumber or retard the case 22 development process or to impose unnecessary expenses and burdens on other 23 parties) expose the Designating Party to sanctions. 24 If it comes to a Designating Party’s attention that information or items that 25 it designated for protection do not qualify for protection, that Designating Party 26 must promptly notify all other Parties that it is withdrawing the inapplicable 27 designation. 1 5.2 Manner and Timing of Designations. Except as otherwise provided 2 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for 4 protection under this Order must be clearly so designated before the material is 5 disclosed or produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” 10 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 11 material. If only a portion or portions of the material on a page qualifies for 12 protection, the Producing Party also must clearly identify the protected portion(s) 13 (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for 15 inspection need not designate them for protection until after the inspecting Party 16 has indicated which documents it would like copied and produced. During the 17 inspection and before the designation, all of the material made available for 18 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 19 identified the documents it wants copied and produced, the Producing Party must 20 determine which documents, or portions thereof, qualify for protection under this 21 Order. Then, before producing the specified documents, the Producing Party must 22 affix the “CONFIDENTIAL legend” to each page that contains Protected 23 Material. If only a portion of the material on a page qualifies for protection, the 24 Producing Party also must clearly identify the protected portion(s) (e.g., by 25 making appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party identifies 27 the Disclosure or Discovery Material on the record, before the close of the 1 (c) for information produced in some form other than documentary and for 2 any other tangible items, that the Producing Party affix in a prominent place on 3 the exterior of the container or containers in which the information is stored the 4 legend “CONFIDENTIAL.” If only a portion or portions of the information 5 warrants protection, the Producing Party, to the extent practicable, shall identify 6 the protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive 9 the Designating Party’s right to secure protection under this Order for such 10 material. Upon timely correction of a designation, the Receiving Party must make 11 reasonable efforts to assure that the material is treated in accordance with the 12 provisions of this Order. 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time consistent with the Court’s Scheduling 16 Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37.1 et seq. 19 6.3 The burden of persuasion in any such challenge proceeding shall be 20 on the Designating Party. Frivolous challenges, and those made for an improper 21 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 22 parties) may expose the Challenging Party to sanctions. Unless the Designating 23 Party has waived or withdrawn the confidentiality designation, all parties shall 24 continue to afford the material in question the level of protection to which it is 25 entitled under the Producing Party’s designation until the Court rules on the 26 challenge. 27 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 is disclosed or produced by another Party or by a Non-Party in connection with 2 this case only for prosecuting, defending, or attempting to settle this litigation. 3 Such Protected Material may be disclosed only to the categories of persons and 4 under the conditions described in this Order. When the litigation has been 5 terminated, a Receiving Party must comply with the provisions of section 13 6 below (FINAL DISPOSITION). 7 Protected Material must be stored and maintained by a Receiving Party at a 8 location and in a secure manner that ensures that access is limited to the persons 9 authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 11 otherwise ordered by the court or permitted in writing by the Designating Party, a 12 Receiving Party may disclose any information or item designated 13 “CONFIDENTIAL” only to: 14 (a) the Receiving Party’s Counsel of Record in this action, as well as 15 employees of said Counsel of Record to whom it is reasonably necessary to 16 disclose the information for this Action; 17 (b) the officers, directors, and employees of the Receiving Party to 18 whom disclosure is reasonably necessary for this Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this litigation and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (d) the Court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this litigation and who 26 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (g) the author or recipient of a document containing the information or a 1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing 3 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 4 they will not be permitted to keep any confidential information unless they sign 5 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 6 otherwise agreed by the Designating Party or ordered by the court. Pages of 7 transcribed deposition testimony or exhibits to depositions that reveal Protected 8 Material may be separately bound by the court reporter and designated as 9 confidential clearly on the transcript cover, and may not be disclosed to anyone 10 except as permitted under this Stipulated Protective Order; and 11 (i) any mediator or settlement officer, and their supporting personnel, 12 mutually agreed upon by any of the parties engaged in settlement discussions. 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 14 PRODUCED IN OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other 16 litigation that compels disclosure of any information or items designated in this 17 Action as “CONFIDENTIAL,” that Party must: 18 (a) promptly notify in writing the Designating Party. Such notification 19 shall include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or 21 order to issue in the other litigation that some or all of the material covered by the 22 subpoena or order is subject to this Protective Order. Such notification shall 23 include a copy of this Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served 27 with the subpoena or court order shall not produce any information designated in 1 the subpoena or order issued, unless the Party has obtained the Designating 2 Party’s permission or unless otherwise required by the law or court order. The 3 Designating Party shall bear the burden and expense of seeking protection in that 4 court of its confidential material and nothing in these provisions should be 5 construed as authorizing or encouraging a Receiving Party in this Action to 6 disobey a lawful directive from another court. 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced by a 10 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 11 produced by Non-Parties in connection with this litigation is protected by the 12 remedies and relief provided by this Order. Nothing in these provisions should be 13 construed as prohibiting a Non-Party from seeking additional protections. 14 (b) In the event that a Party is required, by a valid discovery request, to 15 produce a Non-Party’s confidential information in its possession, and the Party is 16 subject to an agreement with the Non-Party not to produce the Non-Party’s 17 confidential information, then the Party shall: 18 1) promptly notify in writing the Requesting Party and the Non- 19 Party that some or all of the information requested is subject to a confidentiality 20 agreement with a Non-Party; 21 2) promptly provide the Non-Party with a copy of the Stipulated 22 Protective Order in this litigation, the relevant discovery request(s), and a 23 reasonably specific description of the information requested; and 24 3) make the information requested available for inspection by the 25 Non-Party. 26 (c) If the Non-Party fails to object or seek a protective order from this 27 Court within 14 days of receiving the notice and accompanying information, the 1 to the discovery request. If the Non-Party timely seeks a protective order , the 2 Receiving Party shall not produce any information in its possession or control that 3 is subject to the confidentiality agreement with the Non-Party before a 4 determination by the court unless otherwise required by the law or court order. 5 Absent a court order to the contrary, the Non-Party shall bear the burden and 6 expense of seeking protection in this court of its Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has 9 disclosed Protected Material to any person or in any circumstance not authorized 10 under this Stipulated Protective Order, the Receiving Party must immediately (a) 11 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 12 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 13 inform the person or persons to whom unauthorized disclosures were made of all 14 the terms of this Order, and (d) request such person or persons to execute the 15 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 16 A. 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 18 OTHERWISE PROTECTED MATERIAL 19 When a Producing Party gives notice to Receiving Parties that certain 20 inadvertently produced material is subject to a claim of privilege or other 21 protection, the obligations of the Receiving Parties are those set forth in Federal 22 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 23 whatever procedure may be established in an e-discovery order that provides for 24 production without prior privilege review. Pursuant to Federal Rule of Evidence 25 502(d) and (e), insofar as the parties reach an agreement on the effect of 26 disclosure of a communication or information covered by the attorney-client 27 privilege or work product protection, the parties may incorporate their agreement 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of 3 any person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in 7 this Stipulated Protective Order. Similarly, no Party waives any right to object on 8 any ground to use in evidence of any of the material covered by this Protective 9 Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Civil Local Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the sealing of 13 the specific Protected Material at issue. If a Receiving Party’s request to file 14 Protected Material under seal is denied by the Court, then the Receiving Party 15 may file the information in the public record unless otherwise instructed by the 16 Court. 17 13. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, within 19 60 days of a written request by the Designating Party, each Receiving Party must 20 return all Protected Material to the Producing Party or destroy such material. As 21 used in this subdivision, “all Protected Material” includes all copies, abstracts, 22 compilations, summaries, and any other format reproducing or capturing any of 23 the Protected Material. Whether the Protected Material is returned or destroyed, 24 the Receiving Party must submit a written certification to the Producing Party 25 (and, if not the same person or entity, to the Designating Party) by the 60 day 26 deadline that (1) identifies (by category, where appropriate) all the Protected 27 Material that was returned or destroyed and (2)affirms that the Receiving Party 1 format reproducing or capturing any of the Protected Material. Notwithstanding 2 this provision, Counsel are entitled to retain an archival copy of all pleadings, 3 motion papers, trial, deposition, and hearing transcripts, legal memoranda, 4 correspondence, deposition and trial exhibits, expert reports, attorney work 5 product, and consultant and expert work product, even if such materials contain 6 Protected Material. Any such archival copies that contain or constitute Protected 7 Material remain subject to this Protective Order as set forth in Section 4 8 (DURATION). 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 14. VIOLATION 2 Any violation of this Order may be punished by any and all appropriate 3 measures including, without limitation, contempt proceedings and/or monetary 4 sanctions. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 Respectfully Submitted, 8 9 10 DATED: September 7, 2023 LAW OFFICES OF DALE K. GALIPO

LAW OFFICES OF GRECH & PACKER

11 12 By: s/ Marcel F. Sincich Dale K. Galipo, Esq. 13 Trenton C. Packer, Esq. Marcel F. Sincich, Esq. 1 14 Attorney for Plaintiff XAVIER LOPEZ 15 DATED: September 7, 2023 OFFICE OF THE CITY ATTORNEY 16 17 By: s/ Debra K. Cook Debra K. Cook, City Attorney 18 Attorneys for Defendants, 19 CITY OF RIVERSIDE, EVAN WRIGHT 20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED.

21 22 DATED: October 25, 2023 _______________________________________ 23 Honorable Jacqueline Chooljian 24 United States Magistrate Judge 25 26 27 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 6 under penalty of perjury that I have read in its entirety and understand the 7 Stipulated Protective Order that was issued by the United States District Court for 8 the Central District of California on October 25, 2023 in the case of Lopez v. City 9 of Riverside et al.; Case No.: 5:21-cv-02140-PSG (JCx). I agree to comply with 10 and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I 13 will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance 15 with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court for the Central District of California for the purpose of enforcing the terms 18 of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint __________________________ 20 [print or type full name] of _______________________________________ [print 21 or type full address and telephone number] as my California agent for service of 22 process in connection with this action or any proceedings related to enforcement 23 of this Stipulated Protective Order. 24 25 Date: _____________________ Signature: ______________________________ 26 Printed Name: _____________________________ 27