1 || Mildred K. O’Linn (State Bar No. 159055) missy.olinn@manningkass.com 2 || Geoffrey R P owden enol eoffrey.plowden@manningkass.com 3 INC G& KASS

ELLROD, RAMIREZ, TRESTER LLP

4||801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 emee 513)'604-6099. NOTE: CHANGES MADE BY THE COUR! 6 Attomeys for Defendants, CITY OF 7|| VENTURA, a municipal entity; SERGEANT SAM HARBERT, an 8 || individual 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 2 11 || CHRISTOPHER HAYS, an individual, | Case No. 2:20-cv-03652-MWE (ASx) {District Judge Michael W. Fitzgerald; = 12 Plaintiff, agistrate Judge Alka Sagar]

S 13 V. [DISCOVERY MATTER]

□□ CITY OF VENTURA, municipal PROTECTIVE ORDER

50 Discovery in this action is likely to involve production of confidential, 51 proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation maybe 33 warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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

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

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

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

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

1 || Section 12.3, below, that this Stipulated Protective Order does not entitle them to 2 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 3 || procedures that must be followed and the standards that will be applied when a party 4 seeks permission from the court to file material under seal. 5 B. GOOD CAUSE STATEMENT 6 This action is likely to involve disclosure of medical and psychiatric records 7 || of plaintiff and peace officer personnel files and official information from Ventura 8 || Police Department for which special protection from public disclosure and from use 9 || for any purpose other than prosecution of this action is warranted. Such confidential 10 || and proprietary materials and information consist of, among other things, 2 11 || confidential medical records, psychiatric records, military records, peace officer x 12 || personnel information and official information, generally unavailable to the public, 13 || or which may be privileged or otherwise protected from disclosure under state or S$ 14 || federal statutes, court rules, case decisions, or common law. Public disclosure of 15 || said information could impede candor in investigations and invade the privacy of 16 || individuals. Accordingly, to expedite the flow of information, to facilitate the 17 || prompt resolution of disputes over confidentiality of discovery materials, to 18 || adequately protect information the parties are entitled to keep confidential, to 19 ||ensure that the parties are permitted reasonable necessary uses of such material in 20 || preparation for and in the conduct of trial, to address their handling at the end of the 21 || litigation, and serve the ends of justice, a protective order for such information is 22 || justified in this matter. It is the intent of the parties that information will not be 23 || designated as confidential for tactical reasons and that nothing be so designated 24 || without a good faith belief that it has been maintained in a confidential, non-public 25 || manner, and there is good cause why it should not be part of the public record of this 26 || case. 27 2. DEFINITIONS 28 2.1 Action: This pending federal law suit.

1 2.2. Challenging Party: a Party or Non-Party that challenges the 2 || designation of information or items under this Order. 3 2.3. “CONFIDENTIAL” Information or Items: information 4 || (regardless of how it is generated, stored or maintained) or tangible things that 5 || qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 6 || above in the Good Cause Statement. 7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well 8 || as their support staff). 9 2.5 Designating Party: a Party or Non-Party that designates 10 || information or items that it produces in disclosures or in responses to discovery as 2 |/“CONFIDENTIAL.” x 12 2.6 Disclosure or Discovery Material: all items or information, 13 || regardless of the medium or manner in which it is generated, stored, or maintained S$ 14 || (including, among other things, testimony, transcripts, and tangible things), that are 15 || produced or generated in disclosures or responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a 17 || matter pertinent to the litigation who has been retained by a Party or its counsel to 18 || serve as an expert witness or as a consultant in this Action. 19 2.8 House Counsel: attorneys who are employees of a party to this 20 || Action. House Counsel does not include Outside Counsel of Record or any other 21 || outside counsel. 22 2.9 Non-Party: any natural person, partnership, corporation, 23 || association, or other legal entity not named as a Party to this action. 24 2.10 Outside Counsel of Record: attorneys who are not employees of 25 || a party to this Action but are retained to represent or advise a party to this Action 26 || and have appeared in this Action on behalf of that party or are affiliated with a law 27 || firm which has appeared on behalf of that party, and includes support staff. 28

1 2.11 Party: any party to this Action, including all of its officers, 2 || directors, employees, consultants, retained experts, and Outside Counsel of Record 3 || (and their support staffs). 4 2.12 Producing Party: a Party or Non-Party that produces Disclosure 5 || or Discovery Material in this Action. 6 2.13 Professional Vendors: persons or entities that provide litigation 7 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 || and their employees and subcontractors. 10 2.14 Protected Material: any Disclosure or Discovery Material that is 2 11 |/designated as “CONFIDENTIAL.” x 12 2.15 Receiving Party: a Party that receives Disclosure or Discovery 13 || Material from a Producing Party. 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only 16 || Protected Material (as defined above), but also (1) any information copied or 17 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 18 || compilations of Protected Material; and (3) any testimony, conversations, or 19 || presentations by Parties or their Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the 21 || trial judge. This Order does not govern the use of Protected Material at trial. 22 4. DURATION 23 Once a case proceeds to trial, all of the information that was designated 24 || as confidential or maintained pursuant to this protective order becomes public and 25 || will be presumptively available to all members of the public, including the press, 26 || unless compelling reasons supported by specific factual findings to proceed 27 || otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 28 || and County of Honolulu, 447 F.3d 1172, 1180-81 (9" Cir. 2006) (distinguishing

1 || “good cause” showing for sealing documents produced in discovery from 2 || “compelling reasons” standard when merits-related documents are part of court 3 || record). Accordingly, the terms of this protective order do not extend beyond the 4 || commencement of the trial. 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for 7 || Protection. Each Party or Non-Party that designates information or items for 8 || protection under this Order must take care to limit any such designation to specific 9 || material that qualifies under the appropriate standards. The Designating Party must 10 || designate for protection only those parts of material, documents, items, or oral or 2 11 || written communications that qualify so that other portions of the material, x 12 || documents, items, or communications for which protection is not warranted are not 13 || swept unjustifiably within the ambit of this Order. S$ 14 Mass, indiscriminate, or routinized designations are prohibited. Designations 15 || that are shown to be clearly unjustified or that have been made for an improper 16 || purpose (e.g., to unnecessarily encumber the case development process or to impose 17 || unnecessary expenses and burdens on other parties) may expose the Designating 18 || Party to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 || designated for protection do not qualify for protection, that Designating Party must 21 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in 23 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 24 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 25 || under this Order must be clearly so designated before the material is disclosed or 26 || produced. 27 Designation in conformity with this Order requires: 28 (a) for information in documentary form (e.g., paper or electronic

1 || documents, but excluding transcripts of depositions or other pretrial or trial 2 || proceedings), that the Producing Party affix at a minimum, the legend 3 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’), to each page that 4 || contains protected material. If only a portion or portions of the material on a page 5 || qualifies for protection, the Producing Party also must clearly identify the protected 6 || portion(s) (e.g., by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents available for inspection 8 || need not designate them for protection until after the inspecting Party has indicated 9 || which documents it would like copied and produced. During the inspection and 10 || before the designation, all of the material made available for inspection shall be 2 11 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the x 12 || documents it wants copied and produced, the Producing Party must determine which 13 || documents, or portions thereof, qualify for protection under this Order. hen, before S$ 14 || producing the specified documents, the Producing Party must affix the 15 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 16 || portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 18 || markings in the margins). 19 (b) for testimony given in depositions that the Designating Party 20 || identify the Disclosure or Discovery Material on the record, before the close of the 21 || deposition all protected testimony. 22 (c) for information produced in some form other than documentary and 23 || for any other tangible items, that the Producing Party affix in a prominent place on 24 || the exterior of the container or containers in which the information is stored the 25 || legend “CONFIDENTIAL.” If only a portion or portions of the information 26 || warrants protection, the Producing Party, to the extent practicable, shall identify the 27 || protected portion(s). 28

1 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 || failure to designate qualified information or items does not, standing alone, waive 3 || the Designating Party’s right to secure protection under this Order for such material. 4 || Upon timely correction of a designation, the Receiving Party must make reasonable 5 || efforts to assure that the material is treated in accordance with the provisions of this 6 || Order.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 || designation of confidentiality at any time that is consistent with the Court’s 10 || Scheduling Order. 2 11 6.2 Meet and Confer. The Challenging Party shall initiate the informal 2 dispute resolution process set forth in the Court's Procedures and Schedules. see 13 || http://www.cacd.uscourts.gov/honorable-alka-sagar S$ 14 6.3 The burden of persuasion in any such challenge proceeding shall be on 15 || the Designating Party. Frivolous challenges, and those made for an improper 16 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 || parties) may expose the Challenging Party to sanctions. Unless the Designating 18 || Party has waived or withdrawn the confidentiality designation, all parties shall 19 |) continue to afford the material in question the level of protection to which it is 20 || entitled under the Producing Party’s designation until the Court rules on the 21 || challenge. 22117. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1. Basic Principles. A Receiving Party may use Protected Material that is 24 || disclosed or produced by another Party or by a Non-Party in connection with this 25 || Action only for prosecuting, defending, or attempting to settle this Action. Such 26 || Protected Material may be disclosed only to the categories of persons and under the 27 || conditions described in this Order. When the Action has been terminated, a 28

1 || Receiving Party must comply with the provisions of section 13 below (FINAL 2 || DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 || location and in a secure manner that ensures that access is limited to the persons 5 || authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 || otherwise ordered by the court or permitted in writing by the Designating Party, a 8 || Receiving Party may disclose any information or item designated 9 || “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 2 11 || well as employees of said Outside Counsel of Record to whom it is reasonably x 12 necessary to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of S$ 14 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 || disclosure 1s reasonably necessary for this Action and who have signed the 17 || ““Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 || Vendors to whom disclosure is reasonably necessary for this Action and who have 22 || signed the “Acknowledgment and Agreement to Be Bound”; 23 (g) the author or recipient of a document containing the information or 24 || a custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in 26 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing 27 || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 28 || they will not be permitted to keep any confidential information unless they sign the

1 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 || agreed by the Designating Party or ordered by the court. Pages of transcribed 3 || deposition testimony or exhibits to depositions that reveal Protected Material may 4 || be separately bound by the court reporter and may not be disclosed to anyone except 5 ||as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 || IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 2 11 || that compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification S$ 14 || shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or 16 || order to issue in the other litigation that some or all of the material covered by the 17 || subpoena or order is subject to this Protective Order. Such notification shall include 18 || a copy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 || pursued by the Designating Party whose Protected Material may be affected. If the 21 || Designating Party timely seeks a protective order, the Party served with the 22 || subpoena or court order shall not produce any information designated in this action 23 || as “CONFIDENTIAL” before a determination by the court from which the 24 || subpoena or order issued, unless the Party has obtained the Designating Party’s 25 || permission. The Designating Party shall bear the burden and expense of seeking 26 || protection in that court of its confidential material and nothing in these provisions 27 || should be construed as authorizing or encouraging a Receiving Party in this Action 28 || to disobey a lawful directive from another court.

1/}9. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 || IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 || Non-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 is 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- 13 || Party 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 19 || the Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court 21 || within 14 days of receiving the notice and accompanying information, the Receiving 22 || Party may produce the Non-Party’s confidential information responsive to the 23 || discovery request. If the Non-Party timely seeks a protective order, the Receiving 24 || Party shall not produce any information in its possession or control that is subject to 25 || the confidentiality agreement with the Non-Party before a determination by the 26 ||court. 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.” 10|}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 11 || PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 || inadvertently produced material is subject to a claim of privilege or other protection, S$ 14 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 || may be established in an e-discovery order that provides for production without 17 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 18 || as the parties reach an agreement on the effect of disclosure of a communication or 19 || information covered by the attorney-client privilege or work product protection, the 20 || parties may incorporate their agreement in the stipulated protective order submitted 21 to the court. 22|}12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 || person to seek its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 || Protective Order no Party waives any right it otherwise would have to object to 27 || disclosing or producing any information or item on any ground not addressed in this 28

1 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 || ground to use in evidence of any of the material covered by this Protective Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may 5 || only be filed under seal pursuant to a court order authorizing the sealing of the 6 || specific Protected Material at issue. Ifa Party's request to file Protected Material 7 || under seal is denied by the court, then the Receiving Party may file the information 8 || in the public record unless otherwise instructed by the court. 9}}13. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in paragraph 4, within 60 2 11 || days of a written request by the Designating Party, each Receiving Party must return Jal Protected Material to the Producing Party or destroy such material. As used in 13 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, || summaries, and any other format reproducing or capturing any of the Protected 15 || Material. Whether the Protected Material is returned or destroyed, the Receiving 16 || Party must submit a written certification to the Producing Party (and, if not the same 17 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 18 || (by category, where appropriate) all the Protected Material that was returned or 19 || destroyed and (2)affirms that the Receiving Party has not retained any copies, 20 || abstracts, compilations, summaries or any other format reproducing or capturing any 21 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 22 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 23 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 24 || reports, attorney work product, and consultant and expert work product, even if such 25 || materials contain Protected Material. Any such archival copies that contain or 26 || constitute Protected Material remain subject to this Protective Order as set forth in 27 || Section 4 (DURATION). 28

1|/14. Any violation of this Order may be punished by any and all appropriate 2 || measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. 4)IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6|| DATED: May 1, 2024 MANNING & KASS 7 ELLROD, RAMIREZ, TRESTER LLP By: /s/ Geoffrey Plowden 10 Geoffrey Plowden il Attorneys for Defendants, CITY OF <= VENTURA and SAM HARBERT, — 12 © 2 13\|DATED: May 1, 2024 = = 14 < By: /s/ Brian Dunn = 15 Brian Dunn 16 Attorneys for Plaintiff, CHRISTOPHER

HAYS

17 18 □□ FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: __ May 6, 2024 1 /s/ Sagar 22 || Honorable Alka Snoar United States Magistrate Judge 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 II, [print or type full name], of 4 [print or type full address], declare under penalty of perjury 5 || that I have read in its entirety and understand the Stipulated Protective Order that 6 || was issued by the United States District Court for the Central District of California 7 |/on [date] in the case of Christopher Hays v. City of Ventura, 8 || Case No. 2:20-cv-03652-MWFEF (ASx). I agree to comply with and to be bound by 9 || all the terms of this Stipulated Protective Order and I understand and acknowledge 10 || that failure to so comply could expose me to sanctions and punishment in the nature 2 11 || of contempt. I solemnly promise that I will not disclose in any manner any x 12 || information or item that is subject to this Stipulated Protective Order to any person 13 || 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 15 || Central District of California for enforcing the terms of this Stipulated Protective 16 || Order, even if such enforcement proceedings occur after termination of this action. 17 || I hereby appoint [print or type full name] of 18 [print or type full address and 19 || telephone number] as my California agent for service of process in connection with 20 || this action or any proceedings related to enforcement of this Stipulated Protective 21 || Order. 22 || Date: 23 || City and State where sworn and signed: 24 25 || Printed name: 26 27 || Signature: 28