1 || Mildred K. O'Linn (State Bar No. 159055) missy.olinn @ manningkass.com 2 || Craig Smith (State Bar No. 265676) craig saith @marningkass.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, City of Covina, 7 || a public entity; David Povero 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10

2 DANNY DURAN, Case No. 2:23-cv-6507 ODW (AGRx) District Judge: Otis D. Wright, I; — 12 Plaintiff, Magistrate Judge: Alice G. Rosenberg © = 13 v. . . . > Joint Stipulated Protective Order = 14)|CITY OF COVINA, a public entity;

19 Discovery in this action is likely to involve production of confidential,

50 proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

33 enter the following Stipulated Protective Order. The parties acknowledge that this

Order does not confer blanket protections on all disclosures or responses to

35 discovery and that the protection it affords from public disclosure and use extends

only to the limited information or items that are entitled to confidential treatment

under the applicable legal principles. The parties further acknowledge, as set forth in

38 Section 12.3, below, that this Stipulated Protective Order does not entitle them to

1 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 2 || procedures that must be followed and the standards that will be applied when a party 3 || seeks permission from the court to file material under seal. 4 1. B. GOOD CAUSE STATEMENT 5 Defendants contend that there is good cause and a particularized need for a 6 || protective order to preserve the interests of confidentiality and privacy in peace 7 \| officer personnel file records and associated investigative or confidential records for 8 || the following reasons. 9 First, Defendants contend that peace officers have a federal privilege of 10 || privacy in their personnel file records: a reasonable expectation of privacy therein 2 11 || that is underscored, specified, and arguably heightened by the Pitchess protective x 12 || procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 13 |} 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies 15 || to privilege based discovery disputes involving federal claims,” the “state privilege 16 || law which is consistent with its federal equivalent significantly assists in applying 17 || [federal] privilege law to discovery disputes’’); Soto v. City of Concord, 162 F.R.D. 18 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 19 || “privacy rights [that] are not inconsequential” in their police personnel records); □□□ 20 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants 21 || further contend that uncontrolled disclosure of such personnel file information can 22 || threaten the safety of non-party witnesses, officers, and their families/associates. 23 Second, Defendants contend that municipalities and law enforcement 24 || agencies have federal deliberative-executive process privilege, federal official 25 || information privilege, federal law enforcement privilege, and federal attorney-client 26 || privilege (and/or attorney work product protection) interests in the personnel files of 27 || their peace officers — particularly as to those portions of peace officer personnel files 28 || that contain critical self-analysis, internal deliberation/decision-making or

1 || evaluation/analysis, or communications for the purposes of obtaining or rendering 2 || legal advice or analysis — potentially including but not limited to 3 || evaluative/analytical portions of Internal Affairs type records or reports, 4 || evaluative/analytical portions of supervisory records or reports, and/or reports 5 || prepared at the direction of counsel, or for the purpose of obtaining or rendering 6 || legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v. 7 || United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 8 || F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 9 || Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 10 || Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United 2 11 || States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further x 12 || contend that such personnel file records are restricted from disclosure by the public 13 || entity’s custodian of records pursuant to applicable California law and that 14 || uncontrolled release is likely to result in needless intrusion of officer privacy; 15 || impairment in the collection of third-party witness information and statements and 16 || related legitimate law enforcement investigations/interests; and a chilling of open 17 || and honest discussion regarding and/or investigation into alleged misconduct that 18 || can erode a public entity’s ability to identify and/or implement any remedial 19 || measures that may be required. 20 Third, Defendants contend that, since peace officers do not have the same 21 || rights as other private citizens to avoid giving compelled statements, it is contrary to 22 || the fundamental principles of fairness to permit uncontrolled release of officers’ 23 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 24 || 822, 828-830 (1985); cf. U.S. Const., amend V. 25 Accordingly, Defendants contend that, without a protective order preventing 26 || such, production of confidential records in the case can and will likely substantially 27 ||impair and harm defendant public entity’s interests in candid self-critical analysis, 28 || frank internal deliberations, obtaining candid information from witnesses,

| || preserving the safety of witnesses, preserving the safety of peace officers and peace 2 || officers’ families and associates, protecting the privacy officers of peace officers, 3 || and preventing pending investigations from being detrimentally undermined by 4 || publication of private, sensitive, or confidential information — as can and often does 5 || result in litigation. 6 Plaintiff does not agree with and does not stipulate to Defendants’ contentions 7 || herein above, and nothing in this Stipulation or its associated Order shall resolve the 8 || parties’ disagreement, or bind them, concerning the legal statements and claimed 9 || privileges set forth above. 10 However, Plaintiff agrees that there is Good Cause for a Protective Order so 2 11 || as to preserve the respective interests of the parties without the need to further x 12 || burden the Court with such issues. Specifically, the parties jointly contend that, 13 || absent this Stipulation and its associated Protective Order, the parties’ respective S 14 || privilege interests may be impaired or harmed, and that this Stipulation and its 15 || associated Protective Order may avoid such harm by permitting the parties to 16 || facilitate discovery with reduced risk that privileged and/or sensitive/confidential 17 || information will become matters of public record. 18 The parties jointly contend that there 1s typically a particularized need for 19 || protection as to any medical or psychotherapeutic records, because of the privacy 20 || interests at stake therein. Because of these sensitive interests, a Court Order should 21 || address these documents rather than a private agreement between the parties. 22 The parties therefore stipulate that there is Good Cause for, and hereby jointly 23 || request that the honorable Court enter, a Protective Order re confidential documents 24 || consistent with the terms and provisions of this Stipulation. However, the entry of a 25 || Protective Order by the Court pursuant to this Stipulation shall not be construed as 26 || any ruling by the Court on the aforementioned legal statements or privilege claims 27 || in this Section (Section 1), nor shall this section be construed as part of any such 28 || Court Order.

l Accordingly, to expedite the flow of information, to facilitate the prompt 2 || resolution of disputes over confidentiality of discovery materials, to adequately 3 || protection information the parties are entitled to keep confidential, to ensure that the 4 || parties are permitted reasonable necessary uses of such material in preparation for 5 || and in the conduct of trial, to address their handling at the end of the litigation, and 6 || serve the ends of justice, a protective order for such information is justified in this 7 || matter. It is the intent of the parties that information will be designated as 8 || confidential for tactical reasons and that nothing be so designated without a good 9 || faith belief that it has been maintained in a confidential, non-public manner, and 10 || there is good cause why it should not be part of the public record of this case. 2 ill 2. DEFINITIONS x 12 2.1 Action: Danny Duran v. City of Covina, et. al. (Case No: CV23-06507- 13 || ODW(AGRx)) 14 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 15 || information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 17 || it is generated, stored or maintained) or tangible things that qualify for protection 18 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 19 || Cause Statement. 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 || support staff). 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 || items that it produces in disclosures or in responses to discovery as 24 || “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless of 26 || the medium or manner in which it is generated, stored, or maintained (including, 27 || among other things, testimony, transcripts, and tangible things), that are produced or 28 || generated in disclosures or responses to discovery in this matter.

l 2.7 Expert: a person with specialized knowledge or experience in a matter 2 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 || an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 || House Counsel does not include Outside Counsel of Record or any other outside 6 || counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 || other legal entity not named as a Party to this action. 9 2.10 Qutside Counsel of Record: attorneys who are not employees of a party 10 || to this Action but are retained to represent or advise a party to this Action and have 2 11 || appeared in this Action on behalf of that party or are affiliated with a law firm which x 12 || has appeared on behalf of that party, and includes support staff. 13 2.11 Party: any party to this Action, including all of its officers, directors, S$ 14 || employees, consultants, retained experts, and Outside Counsel of Record (and their 15 || support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 || Discovery Material in this Action. 18 2.13 Professional Vendors: persons or entities that provide litigation support 19 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 || and their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 || designated as “CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 25 || from a Producing Party. 26 3. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 28 || Protected Material (as defined above), but also (1) any information copied or

1 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 || compilations of Protected Material; and (3) any testimony, conversations, or 3 || presentations by Parties or their Counsel that might reveal Protected Material. Any 4 || use of Protected Material at trial shall be governed by the orders of the trial judge. 5 || This Order does not govern the use of Protected Material at trial. 6 4. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations 8 || imposed by this Order shall remain in effect until a Designating Party agrees 9 || otherwise in writing or a court order otherwise directs. Final disposition shall be 10 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 2 11 || or without prejudice; and (2) final judgment herein after the completion and x 12 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 13 || including the time limits for filing any motions or applications for extension of time 14 || pursuant to applicable law. 15 5. DESIGNATING PROTECTED MATERIAL 16 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 || Each Party or Non-Party that designates information or items for protection under 18 || this Order must take care to limit any such designation to specific material that 19 || qualifies under the appropriate standards. The Designating Party must designate for 20 || protection only those parts of material, documents, items, or oral or written 21 || communications that qualify so that other portions of the material, documents, 22 || items, or communications for which protection is not warranted are not swept 23 || unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations 25 || that are shown to be clearly unjustified or that have been made for an improper 26 || purpose (e.g., to unnecessarily encumber the case development process or to impose 27 || unnecessary expenses and burdens on other parties) may expose the Designating 28 || Party to sanctions. If it comes to a Designating Party’s attention that information or

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

1 || protected testimony. 2 (c) for information produced in some form other than documentary and for 3 || any other tangible items, that the Producing Party affix in a prominent place on the 4 || exterior of the container or containers in which the information is stored the legend 5 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 6 || protection, the Producing Party, to the extent practicable, shall identify the protected 7 || portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 || failure to designate qualified information or items does not, standing alone, waive 10 || the Designating Party’s right to secure protection under this Order for such material. 2 11 || Upon timely correction of a designation, the Receiving Party must make reasonable x 12 || efforts to assure that the material is treated in accordance with the provisions of this 13 || Order.

S 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 || designation of confidentiality at any time that is consistent with the Court’s 17 || Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 || resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any 20 || such challenge proceeding shall be on the Designating Party. Frivolous challenges, 21 || and those made for an improper purpose (e.g., to harass or impose unnecessary 22 ||expenses and burdens on other parties) may expose the Challenging Party to 23 || sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 24 || designation, all parties shall continue to afford the material in question the level of 25 || protection to which it is entitled under the Producing Party’s designation until the 26 || Court rules on the challenge. 27 7. ACCESS TO AND USE OF PROTECTED MATERIAL 28 7.1 Basic Principles. A Receiving Party may use Protected Material that is

1 || disclosed or produced by another Party or by a Non-Party in connection with this 2 || Action only for prosecuting, defending, or attempting to settle this Action. Such 3 || Protected Material may be disclosed only to the categories of persons and under the 4 || conditions described in this Order. When the Action has been terminated, a 5 || Receiving Party must comply with the provisions of section 13 below (FINAL 6 || DISPOSITION). Protected Material must be stored and maintained by a Receiving 7 || Party at a location and in a secure manner that ensures that access is limited to the 8 || persons authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 10 || ordered by the court or permitted in writing by the Designating Party, a Receiving 2 11 || Party may disclose any information or item designated “CONFIDENTIAL” only to: x 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 13 || employees of said Outside Counsel of Record to whom it is reasonably necessary to S$ 14 || disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) of the 16 || Receiving Party to whom disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom 18 || disclosure is reasonably necessary for this Action and who have signed the 19 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (d) the court and its personnel; 21 (e) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and Professional 23 || Vendors to whom disclosure is reasonably necessary for this Action and who have 24 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the information or a 26 || custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 28 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party

1 || requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 2 || not be permitted to keep any confidential information unless they sign the 3 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 4 || agreed by the Designating Party or ordered by the court. Pages of transcribed 5 || deposition testimony or exhibits to depositions that reveal Protected Material may 6 || be separately bound by the court reporter and may not be disclosed to anyone except 7 || as permitted under this Stipulated Protective Order; and 8 (i) any mediator or settlement officer, and their supporting personnel, 9 || mutually agreed upon by any of the parties engaged in settlement discussions. ”n 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 11 || IN OTHER LITIGATION x 12 If a Party is served with a subpoena or a court order issued in other litigation 13 || that compels disclosure of any information or items designated in this Action as S 14 || “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating 15 || Party. Such notification shall include a copy of the subpoena or court order; (b) || promptly notify in writing the party who caused the subpoena or order to issue in the 17 || other litigation that some or all of the material covered by the subpoena or order is 18 || subject to this Protective Order. Such notification shall include a copy of this 19 || Stipulated Protective Order; and (c) cooperate with respect to all reasonable 20 || procedures sought to be pursued by the Designating Party whose Protected Material 21 || may be affected. If the Designating Party timely seeks a protective order, the Party 22 || served with the subpoena or court order shall not produce any information 23 || designated in this action as “CONFIDENTIAL” before a determination by the court 24 || from which the subpoena or order issued, unless the Party has obtained the 25 || Designating Party’s permission. The Designating Party shall bear the burden and 26 || expense of seeking protection in that court of its confidential material and nothing in 27 || these provisions should be construed as authorizing or encouraging a Receiving 28 || Party in this Action to disobey a lawful directive from another court.

1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 || PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 || Party in this Action and designated as “CONFIDENTIAL.” Such information 5 || produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 || construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 || produce a Non-Party’s confidential information in its possession, and the Party 1s 10 || subject to an agreement with the Non-Party not to produce the Non-Party’s 2 11 || confidential information, then the Party shall: x 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 || that some or all of the information requested is subject to a confidentiality 14 || agreement with a Non-Party; = 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 || specific description of the information requested; and 18 (3) make the information requested available for inspection by the Non- 19 || Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 14 21 || days of receiving the notice and accompanying information, the Receiving Party 22 || may produce the Non-Party’s confidential information responsive to the discovery 23 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 24 || not produce any information in its possession or control that is subject to the 25 || confidentiality agreement with the Non-Party before a determination by the court. 26 || Absent a court order to the contrary, the Non-Party shall bear the burden and 27 || expense of seeking protection in this court of its Protected Material. 28

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 || Protected Material to any person or in any circumstance not authorized under this 4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 || persons to whom unauthorized disclosures were made of all the terms of this Order, 8 || and (d) request such person or persons to execute the “Acknowledgment and 9 || Agreement to Be Bound” that is attached hereto as Exhibit A. ”n 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 11 || PROTECTED MATERIAL When a Producing Party gives notice to Receiving x 12 || Parties that certain inadvertently produced material is subject to a claim of privilege 13 || or other protection, the obligations of the Receiving Parties are those set forth in S$ 14 || Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 15 || modify whatever procedure may be established in an e-discovery order that provides 16 || for production without prior privilege review. Pursuant to Federal Rule of Evidence 17 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 18 || of a communication or information covered by the attorney-client privilege or work 19 || product protection, the parties may incorporate their agreement in the stipulated 20 || protective order submitted to the court. 21 12. MISCELLANEOUS 22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 23 || person to seek its modification by the Court in the future. 24 12.2 Right to Assert Other Objections. By stipulating to the entry of this 25 || Protective Order no Party waives any right it otherwise would have to object to 26 || disclosing or producing any information or item on any ground not addressed in this 27 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 28 || ground to use in evidence of any of the material covered by this Protective Order.

l 12.3 Filing Protected Material. A Party that seeks to file under seal any 2 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may 3 || only be filed under seal pursuant to a court order authorizing the sealing of the 4 || specific Protected Material at issue. If a Party's request to file Protected Material 5 || under seal is denied by the court, then the Receiving Party may file the information 6 ||in the public record unless otherwise instructed by the court. 7 13. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in paragraph 4, within 60 9 || days of a written request by the Designating Party, each Receiving Party must return 10 || all Protected Material to the Producing Party or destroy such material. As used in 2 11 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, x 12 || summaries, and any other format reproducing or capturing any of the Protected 13 || Material. Whether the Protected Material is returned or destroyed, the Receiving 14 || Party must submit a written certification to the Producing Party (and, if not the same 15 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 || (by category, where appropriate) all the Protected Material that was returned or 17 || destroyed and (2)affirms that the Receiving Party has not retained any copies, 18 || abstracts, compilations, summaries or any other format reproducing or capturing any 19 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 20 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 21 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 22 || reports, attorney work product, and consultant and expert work product, even if such 23 || materials contain Protected Material. Any such archival copies that contain or 24 || constitute Protected Material remain subject to this Protective Order as set forth in 25 || Section 4 (DURATION). 26 27 28

2||DATED: December 8, 2023 3 4 5 6 7 By: /s/ Yun Hee Kim

LAW OFFICES OF YUN HEE KIM, P.C.

8 Yun Hee Kim, Esq. 9 Attorney for Plaintiff DATED: December 8, 2023 10

< 11 — 12 . . = 13 By: Zs/ Craig Smith > MANNING & KASS = 14 Craig Smith, Esq. < Attornev for Defendant = 15

GOOD CAUSE SHOWN, IT IS SO ORDERED.

17 DATED:_ December 11 2023 18]|_ aif Reanbing

GA .

20 ny, Uber A Ketel □□ 1 Hon, Alicia G. Rosenberg United States Magistrate Judge 22 23 24 25 26 27 28

2 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, [print or type full name], of 6 [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that

was issued by the United States District Court for the Central District of California 10 || on [date] in the case ofDanny Duran v. City of Covina, et. al. < (Case No: CV23-06507-ODW(AGRx). I agree to comply with and to be bound by 13 all the terms of this Stipulated Protective Order and I understand and acknowledge 2 14 || that failure to so comply could expose me to sanctions and punishment in the nature = of contempt. I solemnly promise that I will not disclose in any manner any 17 information or item that is subject to this Stipulated Protective Order to any person 18] or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central

91 || District of California for the purpose of enforcing the terms of this Stipulated 22 || Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print or type full

75 || name] of [print or type full address 26 || and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated

| || Protective Order. Date: 3 4 City and State where sworn and signed: 5 || Printed name: 6 Signature: 7 8 9 ”n 10 < 11 — 12 2; 4 = 16

18 19 20 21 22 23 24 25 26 27 28