1 LEWIS BRISBOIS BISGAARD & SMITH LLP

TONY M. SAIN, SB# 251626

2 E-Mail: Tony.Sain@lewisbrisbois.com ABIGAIL J. R. McLAUGHLIN, SB# 313208 3 E-Mail: Abigail.McLaughlin@lewisbrisbois.com

LILIT ARABYAN, SB# 311431

4 E-Mail: Lilit.Arabyan@lewisbrisbois.com 633 West 5th Street, Suite 4000 5 Los Angeles, California 90071 Telephone: 213.250.1800 6 Facsimile: 213.250.7900

7 Attorneys for Defendants,

COUNTY OF RIVERSIDE, SHERIFF

8 CHAD BIANCO, SERGEANT ASHLEY

RODRIGUEZ, DEPUTY JONATHAN

9 McKEITHEN, CODY BRAND, JAMES PARKS, and LAURA VALDEZ 10

11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 13 14 JONAS HEMMER, individually and as Case No. 5:22-cv-01247 SSS (SPx) successor in interest to JOHN L. [Hon. Sunshine S. Sykes, Dist. Judge; 15 HEMMER, deceased; JH, by and Hon. Sheri Pym, M. Judge] through her guardian ad litem Julie 16 Hemmer; LINDA HEMMER and DENNIS HEMMER, individually, 17 PROTECTIVE ORDER RE Plaintiffs, CONFIDENTIAL DOCUMENTS 18 vs. 19 COUNTY OF RIVERSIDE, Sheriff 20 CHAD BIANCO, Correctional Sergeant

ASHLEY RODRIGUEZ,

21 JOHNATHAN McKEITHEN, CODY BRAND, JAMES PARKS and LAURA 22 VALDEZ; and DOES 1-10,

23 Defendants.

24 TSC: April 12, 2024

25 Trial Date: October 20, 2025

26 / / / 27 / / / 1 PURSUANT TO THE STIPULATION OF THE PARTIES, and pursuant to 2 the Court’s inherent and statutory authority, including but not limited to the Court’s 3 authority under the applicable Federal Rules of Civil Procedure and the United States 4 District Court, Central District of California Local Rules; after due consideration of 5 all of the relevant pleadings, papers, and records in this action; and upon such other 6 evidence or argument as was presented to the Court; Good Cause appearing therefor, 7 and in furtherance of the interests of justice, 8 IT IS HEREBY ORDERED that: 9 1. A. PURPOSES AND LIMITATIONS 10 Discovery in this action is likely to involve production of material alleged to 11 be confidential, proprietary, or private, for which special protection from public 12 disclosure and from use for any purpose other than prosecuting this litigation would 13 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 14 enter the following Stipulated Protective Order. The parties acknowledge that this 15 Order does not confer blanket protections on all disclosures or responses to discovery 16 and that the protection it affords from public disclosure and use extends only to the 17 limited information or items that are entitled to a confidential treatment under the 18 applicable legal principles. The parties further acknowledge, as set forth in Section 19 12.3, below, that this Stipulated Protective Order does not entitle them to file 20 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 21 that must be followed and the standards that will be applied when a party seeks 22 permission from the court to file material under seal. 23 B. GOOD CAUSE STATEMENT 24 Defendants contend that there is good cause and a particularized need for a 25 protective order to preserve the interests of confidentiality and privacy in peace officer 26 personnel file records and associated investigative or confidential records for the 27 following reasons. 1 First, Defendants contend that peace officers have a federal privilege of privacy 2 in their personnel file records: a reasonable expectation of privacy therein that is 3 underscored, specified, and arguably heightened by the Pitchess protective procedure 4 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 5 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 6 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 7 discovery disputes involving federal claims,” the “state privilege law which is 8 consistent with its federal equivalent significantly assists in applying [federal] 9 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 10 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 11 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 12 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 13 uncontrolled disclosure of such personnel file information can threaten the safety of 14 non-party witnesses, officers, and their families/associates. 15 Second, Defendants contend that municipalities and law enforcement agencies 16 have federal deliberative-executive process privilege, federal official information 17 privilege, federal law enforcement privilege, and federal attorney-client privilege 18 (and/or attorney work product protection) interests in the personnel files of their peace 19 officers – particularly as to those portions of peace officer personnel files that contain 20 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 21 communications for the purposes of obtaining or rendering legal advice or analysis – 22 potentially including but not limited to evaluative/analytical portions of Internal 23 Affairs type records or reports, evaluative/analytical portions of supervisory records 24 or reports, and/or reports prepared at the direction of counsel, or for the purpose of 25 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 26 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 27 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 1 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 2 v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants 3 further contend that such personnel file records are restricted from disclosure by the 4 public entity’s custodian of records pursuant to applicable California law and that 5 uncontrolled release is likely to result in needless intrusion of officer privacy; 6 impairment in the collection of third-party witness information and statements 7 and related legitimate law enforcement investigations/interests; and a chilling of 8 open and honest discussion regarding and/or investigation into alleged 9 misconduct that can erode a public entity’s ability to identify and/or implement 10 any remedial measures that may be required. 11 Third, Defendants contend that, since peace officers do not have the same rights 12 as other private citizens to avoid giving compelled statements, it is contrary to the 13 fundamental principles of fairness to permit uncontrolled release of officers’ 14 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 15 828-830 (1985); cf. U.S. Const., amend V. 16 Accordingly, Defendants contend that, without a protective order preventing 17 such, production of confidential records in the case can and will likely substantially 18 impair and harm defendant public entity’s interests in candid self-critical analysis, 19 frank internal deliberations, obtaining candid information from witnesses, preserving 20 the safety of witnesses, preserving the safety of peace officers and peace officers’ 21 families and associates, protecting the privacy officers of peace officers, and 22 preventing pending investigations from being detrimentally undermined by 23 publication of private, sensitive, or confidential information – as can and often does 24 result in litigation. 25 / / / 26 / / / 27 / / / 1 Without conceding Defendants’ contentions above or to the confidentiality of 2 any specific material, Plaintiffs agree that there is good cause for a Protective Order 3 so as to facilitate discovery while preserving the respective interests of the parties, 4 and while also providing an orderly framework for the resolution of any disputes 5 regarding assertions of confidentiality or privilege. 6 2. DEFINITIONS 7 2.1 Action: this pending federal law suit. 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 the medium or how generated, stored, or maintained) or tangible things that qualify 12 for protection under Federal Rule of Civil Procedure 26(c), as specified above in the 13 Good Cause Statement, and other applicable federal privileges. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 15 support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or 17 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 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 in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 2.8 House Counsel: attorneys who are employees of a Party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 1 2.9 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 2.11 Party: any part to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying; videotaping; translating; preparing exhibits or 14 demonstrations; and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 / / / 27 / / / 1 Any use of Protected Material at trial shall be governed by the Orders of the 2 trial judge. This Order does not govern the use of Protected Material at trial. 3 4. DURATION 4 Even after final disposition of this litigation, the confidentiality obligations 5 imposed by this Order shall remain in effect until a Designating Party agrees 6 otherwise in writing or a court order otherwise directs. Final disposition shall be 7 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 8 or without prejudice; and (2) final judgment herein after the completion and 9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 10 including the time limits for filing any motions or applications for extension of time 11 pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection under this 15 Order must take care to limit any such designation to specific material that qualifies 16 under the appropriate standards. The Designating Party must designate for protection 17 only those parts of material, documents, items, or oral or written communications that 18 qualify so that other portions of the material, documents, items, or communications 19 for which protection is not warranted are not swept unjustifiably within the ambit of 20 this Order. 21 Mass, indiscriminate, or routine designations are prohibited. Designations that 22 are shown to be clearly unjustified, or that have been made for an improper purpose 23 (e.g., to unnecessarily encumber the case development process or to impose 24 unnecessary expenses and burdens on other parties) may expose the Designating Party 25 to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 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 protection 4 under this Order must be clearly so designated before the material is disclosed or 5 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 at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 11 contains protected material. If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for inspection 15 need not designate them for protection until after the inspecting Party has indicated 16 which documents it would like copied and produced. During the inspection and before 17 the designation, all of the material made available for inspection shall be deemed 18 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 19 copied and produced, the Producing Party must determine which documents, or 20 portions thereof, qualify for protection under this Order. Then, before producing the 21 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 22 to each page that contains Protected Material. If only a portion or portions of the 23 material on a page qualifies for protection, the Producing Party also must clearly 24 identify the protected portion(s) (e.g., by making appropriate markings in the 25 margins). Markings added to documents pursuant to this paragraph shall not obscure 26 the content or text of the documents produced. 27 (b) for testimony given in depositions that the Designating Party 1 deposition all protected testimony. The court reporter must affix to each such 2 transcript page containing Protected Material the “CONFIDENTIAL legend”, as 3 instructed by the Designating Party. 4 (c) for information produced in some form other than documentary 5 and for any other tangible items, that the Producing Party affix in a prominent place 6 on the exterior of the container or containers in which the information or item is stored 7 the legend “CONFIDENTIAL.” If only a portions or portions of the information or 8 item warrant protection, the Producing Party, to the extent practicable, shall identify 9 the protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items as “CONFIDENTIAL” does not, 12 standing alone, waive the Designating Party’s right to secure protection under this 13 Stipulation and its associated Order for such material. Upon timely correction of a 14 designation, the Receiving Party must make reasonable efforts to assure that the 15 material is treated in accordance with the provisions of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court's 19 Scheduling Order. 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process under Local Rule 37.1 et seq. 22 6.3 The burden of persuasion in any such challenge proceeding shall be on 23 the Designating Party. Frivolous challenges, and those made for an improper purpose 24 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 25 expose the Challenging Party to sanctions. Unless the Designating Party has waived 26 or withdrawn the confidentiality designation, all parties shall continue to afford the 27 material in question the level of protection to which it is entitled under the Producing 1 6.4 Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 2 Designating Party may remove Protected Material from some or all of the protections 3 and provisions of this Stipulated Protective Order at any time by any of the following 4 methods: 5 (a) Express Written Withdrawal. A Designating Party may withdraw a 6 “CONFIDENTIAL” designation made to any specified Protected Material from some 7 or all of the protections of this Stipulated Protective Order by an express withdrawal 8 in writing signed by the Designating Party or Designating Party’s counsel (but not 9 including staff of such counsel) that specifies and itemizes the Disclosure or 10 Discovery Material previously designated as Protected Material that shall not longer 11 be subject to some or all of the provisions of this Stipulated Protective Order. Such 12 express withdrawal shall be effective when transmitted or served upon the Receiving 13 Party. If a Designating Party is withdrawing Protected Material from only some of 14 the provisions/protections of this Stipulated Protective Order, the Designating Party 15 must state which specific provisions are no longer to be enforced as to the specified 16 material for which confidentiality protection hereunder is withdrawn: otherwise, such 17 withdrawal shall be construed as a withdrawal of such material from all of the 18 protections/provisions of this Stipulated Protective Order; 19 (b) Express Withdrawal on the Record. A Designating Party may withdraw 20 a “CONFIDENTIAL” designation made to any specified Protected Material from all 21 of the provisions/protections of this Stipulated Protective Order by verbally 22 consenting in court proceedings on the record to such withdrawal – provided that such 23 withdrawal specifies the Disclosure or Discovery Material previously designated as 24 Protected Material shall no longer be subject to any of the provisions of this 25 Stipulation and Order; 26 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 27 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 1 provisions/protections of this Stipulated Protective Order by either (1) making such 2 Protected Material part of the public record – including but not limited to attaching 3 such as exhibits to any filing with the court without moving, prior to such filing, for 4 the court to seal such records; or (2) failing to timely oppose a Challenging Party’s 5 motion to remove a “CONFIDENTIAL” designation to specified Protected Material. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending, or attempting to settle this Action. Such 10 Protected Material may be disclosed only to the categories of persons and under the 11 conditions prescribed in this Order. When the Action has been terminated, a 12 Receiving Party must comply with the provisions of section 13 below (FINAL 13 DISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the Court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 22 as employees of such Counsel to whom it is reasonably necessary to disclose the 23 information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) of the 25 Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “ Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in the 9 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 10 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 11 not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may be 15 separately bound by the court reporter and may not be disclosed to anyone except as 16 permitted under this Stipulated Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 20 OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this Action as 23 “CONFIDENTIAL,” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification shall 25 include a copy of the subpoena or court order; 26 / / / 27 / / / 1 (b) promptly notify in writing the party who caused the subpoena or order to 2 issue in the other litigation that some or all of the material covered by the subpoena 3 or order is subject to Protective Order. Such notification shall include a copy of this 4 Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be pursued 6 by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this action 9 as “CONFIDENTIAL” before a determination by the court from which the subpoena 10 or order issued, unless the Party has obtained the Designating Party’s permission. The 11 Designating Party shall bear the burden and expense of seeking protection in that court 12 of its confidential material and nothing in these provisions should be construed as 13 authorizing or encouraging a Receiving Party in this action to disobey a lawful 14 directive from another court. 15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 16 PRODUCED IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced by a Non- 18 Party in this Action and designated as “CONFIDENTIAL.” Such information 19 produced by Non-Parties in connection with this litigation is protected by the 20 remedies and relief provided by this Order. Nothing in these provisions should be 21 construed as prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non-Party 27 that some or all of the information requested is subject to a confidentiality agreement 1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (3) make the information requested available for inspection by the 5 Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 14 7 days of receiving the notice and accompanying information, the Receiving Party may 8 produce the Non-Party’s confidential information responsive to the discovery request. 9 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 10 any information in its possession or control that is subject to the confidentiality 11 agreement with the Non-Party before a determination by the court. Absent a court 12 order to the contrary, the Non-Party shall bear the burden and expense of seeking 13 protection in this court of its Protected Material. 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulation and Order, the Receiving Party must immediately: (a) notify in writing the 18 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 19 all unauthorized copies of the Protected Material, (c) inform the person or persons to 20 whom unauthorized disclosures were made of all the terms of this Order, and (d) 21 request such person or persons execute the Acknowledgement and Agreement to Be 22 Bound” that is attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other protection, 27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 3 parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted 6 to the court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in this 13 Stipulated Protective Order. Similarly, no Party waives any right to object on any 14 ground to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing of Protected Material. A party that seeks to file under seal any 16 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 17 only be filed under seal pursuant to a court order authorizing the sealing of the specific 18 Protected Material at issue. If a Party’s request to file Protected Material under seal 19 is denied by the court, then the Receiving Party may file the information in the public 20 record unless otherwise instructed by the court. 21 13. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 4, within 60 23 days of a written request by the Designating Party, each Receiving Party must return 24 all Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving 1 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 2 (by category, where appropriate) all the Protected Material that was returned or 3 destroyed and (2) affirms that the Receiving Party has not retained any copies, 4 abstracts, compilations, summaries or any other format reproducing or capturing any 5 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 6 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 7 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 8 reports, attorney work product, and consultant and expert work product, even if such 9 materials contain Protected Material. Any such archival copies that contain or 10 constitute Protected Material remain subject to this Protective Order as set forth in 11 Section 4 (DURATION). 12 Any violation of this Order may be punished by any and all appropriate 13 measures including, without limitation, contempt proceedings and/or monetary 14 sanctions. 15 16 DATED: April 18, 2024 LEWIS BRISBOIS BISGAARD & SMITH LLP

17

18 By: /s/ Lilit Arabyan 19

TONY M. SAIN

20 ABIGAIL J. R. McLAUGHLIN 21 LILIT ARABYAN Attorneys for Defendants, 22 COUNTY OF RIVERSIDE, et al. 23

24 25 26 27 1 DATED: April 18, 2024 THE LAW OFFICES OF JOHN BURTON;

THE LAW OFFICE OF THOMAS C.

2

SEABAUGH

3

4

5 By: /s/ Thomas Seabaugh

JOHN BURTON

6

THOMAS SEABAUGH

7 Attorneys for Plaintiffs, JONAS HEMMER, JH, by and through her 8 guardian ad litem Julie Hemmer, LINDA 9 HEMMER, and DENNIS HEMMER 10 11 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 12 13 Dated: April 24, 2024

14

15 _____________________________________

SHERI PYM

16 United States Magistrate Judge 17

18 19 20 21 22 23 24 25 26 27