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6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 TERESA PERKINS, as Successor-in- Case No.: 8:19-cv-00315-JLS-JDEx 11 Interest to Decedent Justin Perkins; and DAVID MICHAEL PERKINS, Assigned to: Hon. Josephine L. Staton 12 Dept.: 10A Plaintiffs, 13 v. STIPULATED PROTECTIVE 14 ORDER CITY OF ANAHEIM, a municipal 15 corporation; SHIAO WANG, individually [DISCOVERY DOCUMENT: 16 and in his capacity as a police officer for REFERRED TO MAGISTRATE the City of Anaheim; KENNY LEE, JUDGE JOHN D. EARLY] 17 individually and in his capacity as a police 18 officer for the City of Anaheim; Action Filed: 2/16/2019 KENNETH EDGAR, individually and in Pretrial Conf.: 10/9/2020 19 his capacity as a police officer for the City of Anaheim; RICKY REYNOSO, 20 individually and in his capacity as a police 21 officer for the City of Anaheim; CASEY MORRISON, individually and in his 22 capacity as a police officer for the City of 23 Anaheim; and DOES 1-50, inclusive, individually and in their official capacities 24 as Police Officers for the City of Anaheim Police Department, 25 Defendants. 26

27 Based on the parties’ Stipulation (Dkt. 37), and good cause appear therefor, 28 the Court makes the following findings and order: 1 2 1. PURPOSES AND LIMITATIONS 3 Discovery in this action is likely to involve production of confidential, 4 proprietary or private information for which special protection from public 5 disclosure and from use for any purpose other than pursuing this litigation may be 6 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. 12 2. GOOD CAUSE STATEMENT 13 This action is likely to involve information which may be privileged or 14 otherwise protected from disclosure under state or federal statutes, case decisions 15 or common law. Specifically, this action concerns an incident on October 27, 16 2018, in which plaintiffs allege Anaheim police officers used excessive force and 17 caused the in custody death of an arrestee. Defendants have denied the material 18 allegations. Current and anticipated future discovery requests include personnel 19 and disciplinary file materials that were acquired in confidence by public 20 employees in the course of their duties and have not been officially disclosed or 21 made open or available to the public. Defendants contend that there is good cause 22 and a particularized need for a protective order to preserve the interests of 23 confidentiality and privacy in peace officer personnel file records and associated 24 investigative or confidential records for the following reasons. 25 First, Defendants contend that peace officers have a federal privilege of 26 privacy in their personnel file records: a reasonable expectation of privacy therein 27 that is underscored, specified, and arguably heightened by the Pitchess protective 28 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1 1027, 1033-1034 (9th Cir. 1990); Halton v. City of Stockton, 2012 U.S. Dist. 2 LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that "while "[f]ederal law 3 applies to privilege based discovery disputes involving federal claims," the "state 4 privilege law which is consistent with its federal equivalent significantly assists in 5 applying [federal] privilege law to discovery disputes"); Soto v. City of Concord, 6 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have 7 constitutionally-based "privacy rights [that] are not inconsequential" in their police 8 personnel records); cf. Cal. Penal Code§§ 832.7, 832.8; Cal. Evid. Code§§ 1040- 9 1047. Defendants further contend that uncontrolled disclosure of such personnel 10 file information can threaten the safety of non-party witnesses, officers, and their 11 families/associates. 12 Second, Defendants contend that municipalities and law enforcement 13 agencies have federal deliberative process privilege, federal official information 14 privilege, and federal law enforcement investigatory privilege interests in the 15 personnel files of their peace officers – particularly as to those portions of peace 16 officer personnel files that contain critical self-analysis and internal 17 deliberation/decision-making or evaluation/analysis - potentially including but not 18 limited to evaluative/analytical portions of Internal Affairs type records or reports, 19 evaluative/analytical portions of supervisory records or reports, and/or reports 20 prepared at the direction of counsel, or for the purpose of obtaining or rendering 21 legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc'y v. 22 United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 23 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 24 Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 25 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United 26 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). 27 Defendants further contend that certain investigative and personnel file 28 records are restricted from disclosure pursuant to applicable California law, 1 including Cal. Penal Code 832.7(b)(5), and that uncontrolled release is likely to 2 result in: needless intrusion of officer privacy; impairment in the collection of 3 third-party witness information and statements and related legitimate law 4 enforcement investigations/interests; and a chilling of open and honest discussion 5 regarding and/or investigation into alleged misconduct that can erode a public 6 entity's ability to identify and/or implement any remedial measures that may be 7 required. Accordingly, Defendants contend that, without a protective order 8 preventing such, dissemination of confidential information and records in the case 9 can and will likely substantially impair and harm defendant public entity's interests 10 in candid self-critical analysis, frank internal deliberations, obtaining candid 11 information from witnesses, preserving the safety of witnesses, preserving the 12 safety of peace officers and peace officers' families and associates, and protecting 13 the privacy of peace officers. 14 The defendants have also asserted claims of privilege with respect to 15 aspects of the subject police officers’ background files that contain their respective 16 social security numbers, and sensitive personal information such as private contact 17 information, credit checks, family history information, DMV records, birth 18 records, DMV and educational records, and medical and/or mental health records. 19 The Anaheim Police Department has scrupulously maintained the confidentiality 20 of such information, and has invoked the official information privilege with respect 21 to such information. 22 Accordingly, to expedite the flow of information, to facilitate the prompt 23 resolution of disputes over confidentiality of discovery materials, to adequately 24 protect information the parties are entitled to keep confidential, to ensure that the 25 parties are permitted reasonable necessary uses of such material in preparation for 26 and in the conduct of trial, to address their handling at the end of the litigation, and 27 serve the ends of justice, a protective order for such information is justified in this 28 matter. It is the intent of the parties that information will not be designated as 1 confidential for tactical reasons and that nothing be so designated without a good 2 faith belief that it has been maintained in a confidential, non-public manner, and 3 there is good cause why it should not be part of the public record of this case. 4 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 5 PROCEDURE 6 The parties further acknowledge, as set forth in Section 14.3, below, that 7 this Stipulated Protective Order does not entitle them to file confidential 8 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 9 be followed and the standards that will be applied when a party seeks permission 10 from the court to file material under seal. There is a strong presumption that the 11 public has a right of access to judicial proceedings and records in civil cases. In 12 connection with non-dispositive motions, good cause must be shown to support a 13 filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 14 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th 15 Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 16 1999) (even stipulated protective orders require good cause showing), and a 17 specific showing of good cause or compelling reasons with proper evidentiary 18 support and legal justification, must be made with respect to Protected Material 19 that a party seeks to file under seal. The parties’ mere designation of Disclosure or 20 Discovery Material as CONFIDENTIAL does not— without the submission of 21 competent evidence by declaration, establishing that the material sought to be filed 22 under seal qualifies as confidential, privileged, or otherwise protectable— 23 constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, 25 then compelling reasons, not only good cause, for the sealing must be shown, and 26 the relief sought shall be narrowly tailored to serve the specific interest to be 27 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 28 2010). For each item or type of information, document, or thing sought to be filed 1 or introduced under seal, the party seeking protection must articulate compelling 2 reasons, supported by specific facts and legal justification, for the requested sealing 3 order. Again, competent evidence supporting the application to file documents 4 under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable 6 in its entirety will not be filed under seal if the confidential portions can be 7 redacted. If documents can be redacted, then a redacted version for public viewing, 8 omitting only the confidential, privileged, or otherwise protectable portions of the 9 document, shall be filed. Any application that seeks to file documents under seal in 10 their entirety should include an explanation of why redaction is not feasible. 11 4. DEFINITIONS 12 4.1 Action: this pending federal lawsuit. 13 4.2 Challenging Party: a Party or Non-Party that challenges the 14 designation of information or items under this Order. 15 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 16 how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 18 the Good Cause Statement. 19 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 20 their support staff). 21 4.5 Designating Party: a Party or Non-Party that designates information 22 or items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 4.6 Disclosure or Discovery Material: all items or information, regardless 25 of the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced 27 or generated in disclosures or responses to discovery. 28 4.7 Expert: a person with specialized knowledge or experience in a 1 matter pertinent to the litigation who has been retained by a Party or its counsel to 2 serve as an expert witness or as a consultant in this Action. 3 4.8 House Counsel: attorneys who are employees of a party to this 4 Action. House Counsel does not include Outside Counsel of Record or any other 5 outside counsel. 6 4.9 Non-Party: any natural person, partnership, corporation, association 7 or other legal entity not named as a Party to this action. 8 4.10 Outside Counsel of Record: attorneys who are not employees of a 9 party to this Action but are retained to represent a party to this Action and have 10 appeared in this Action on behalf of that party or are affiliated with a law firm that 11 has appeared on behalf of that party, and includes support staff. 12 4.11 Party: any party to this Action, including all of its officers, directors, 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 15 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 16 Discovery Material in this Action. 17 4.13 Professional Vendors: persons or entities that provide litigation 18 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 and their employees and subcontractors. 21 4.14 Protected Material: any Disclosure or Discovery Material that is 22 designated as “CONFIDENTIAL.” 23 4.15 Receiving Party: a Party that receives Disclosure or Discovery 24 Material from a Producing Party. 25 5. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or 28 extracted from Protected Material; (2) all copies, excerpts, summaries, or 1 compilations of Protected Material; and (3) any testimony, conversations, or 2 presentations by Parties or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the 4 trial judge and other applicable authorities. This Order does not govern the use of 5 Protected Material at trial. 6 6. DURATION 7 Once a case proceeds to trial, information that was designated as 8 CONFIDENTIAL or maintained pursuant to this protective order used or 9 introduced as an exhibit at trial becomes public and will be presumptively 10 available to all members of the public, including the press, unless compelling 11 reasons supported by specific factual findings to proceed otherwise are made to the 12 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 13 (distinguishing “good cause” showing for sealing documents produced in 14 discovery from “compelling reasons” standard when merits-related documents are 15 part of court record). Accordingly, the terms of this protective order do not extend 16 beyond the commencement of the trial. 17 7. DESIGNATING PROTECTED MATERIAL 18 7.1 Exercise of Restraint and Care in Designating Material for 19 Protection. 20 Each Party or Non-Party that designates information or items for protection 21 under this Order must take care to limit any such designation to specific material 22 that qualifies under the appropriate standards. The Designating Party must 23 designate for protection only those parts of material, documents, items or oral or 24 written communications that qualify so that other portions of the material, 25 documents, items or communications for which protection is not warranted are not 26 swept unjustifiably within the ambit of this Order. 27 Mass, indiscriminate or routinized designations are prohibited. Designations 28 that are shown to be clearly unjustified or that have been made for an improper 1 purpose (e.g., to unnecessarily encumber the case development process or to 2 impose unnecessary expenses and burdens on other parties) may expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that 5 it designated for protection do not qualify for protection, that Designating Party 6 must promptly notify all other Parties that it is withdrawing the inapplicable 7 designation. 8 7.2 Manner and Timing of Designations. Except as otherwise provided in 9 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 10 that qualifies for protection under this Order must be clearly so designated before 11 the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix at a minimum, the legend 16 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 17 contains protected material. If only a portion of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected portion(s) 19 (e.g., by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for 21 inspection need not designate them for protection until after the inspecting Party 22 has indicated which documents it would like copied and produced. During the 23 inspection and before the designation, all of the material made available for 24 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 25 identified the documents it wants copied and produced, the Producing Party must 26 determine which documents, or portions thereof, qualify for protection under this 27 Order. Then, before producing the specified documents, the Producing Party must 28 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 1 If only a portion of the material on a page qualifies for protection, the Producing 2 Party also must clearly identify the protected portion(s) (e.g., by making 3 appropriate markings in the margins). 4 (b) for testimony given in depositions that the Designating Party 5 identifies the Disclosure or Discovery Material on the record, before the close of 6 the deposition all protected testimony. 7 (c) for information produced in some form other than documentary 8 and for any other tangible items, that the Producing Party affix in a prominent 9 place on the exterior of the container or containers in which the information is 10 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 11 information warrants protection, the Producing Party, to the extent practicable, 12 shall identify the protected portion(s). 13 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive 15 the Designating Party’s right to secure protection under this Order for such 16 material. Upon timely correction of a designation, the Receiving Party must make 17 reasonable efforts to assure that the material is treated in accordance with the 18 provisions of this Order. 19 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37-1 et seq. 25 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 26 joint stipulation pursuant to Local Rule 37-2. 27 8.4 The burden of persuasion in any such challenge proceeding shall be on 28 the Designating Party. Frivolous challenges, and those made for an improper 1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 continue to afford the material in question the level of protection to which it is 5 entitled under the Producing Party’s designation until the Court rules on the 6 challenge. 7 9. ACCESS TO AND USE OF PROTECTED MATERIAL 8 9.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under 12 the conditions described in this Order. When the Action has been terminated, a 13 Receiving Party must comply with the provisions of section 15 below (FINAL 14 DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 23 as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (b) the officers, directors, and employees (including House Counsel) of the 26 Receiving Party to whom disclosure is reasonably necessary for this Action; 27 (c) Experts (as defined in this Order) of the Receiving Party to whom 28 disclosure is reasonably necessary for this Action and who have signed the 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (d) the court and its personnel; 3 (e) court reporters and their staff; 4 (f) professional jury or trial consultants, mock jurors, and Professional 5 Vendors to whom disclosure is reasonably necessary for this Action and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (g) the author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew the information; 9 (h) during their depositions, witnesses, and attorneys for witnesses, in the 10 Action to whom disclosure is reasonably necessary provided: (1) the deposing 11 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 12 they will not be permitted to keep any confidential information unless they sign the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 14 agreed by the Designating Party or ordered by the court. Pages of transcribed 15 deposition testimony or exhibits to depositions that reveal Protected Material may 16 be separately bound by the court reporter and may not be disclosed to anyone 17 except as permitted under this Stipulated Protective Order; and 18 (i) any mediators or settlement officers and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 21 PRODUCED IN OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other 23 litigation that compels disclosure of any information or items designated in this 24 Action as “CONFIDENTIAL,” that Party must: 25 (a) promptly notify in writing the Designating Party. Such 26 notification shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or 28 order to issue in the other litigation that some or all of the material covered by the 1 subpoena or order is subject to this Protective Order. Such notification shall 2 include a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. If the 5 Designating Party timely seeks a protective order, the Party served with the 6 subpoena or court order shall not produce any information designated in this action 7 as “CONFIDENTIAL” before a determination by the court from which the 8 subpoena or order issued, unless the Party has obtained the Designating Party’s 9 permission. The Designating Party shall bear the burden and expense of seeking 10 protection in that court of its confidential material and nothing in these provisions 11 should be construed as authorizing or encouraging a Receiving Party in this Action 12 to disobey a lawful directive from another court. 13 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 14 BE PRODUCED IN THIS LITIGATION 15 (a) The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 17 produced by Non-Parties in connection with this litigation is protected by the 18 remedies and relief provided by this Order. Nothing in these provisions should be 19 construed as prohibiting a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to 21 produce a Non-Party’s confidential information in its possession, and the Party is 22 subject to an agreement with the Non-Party not to produce the Non-Party’s 23 confidential information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party that 25 some or all of the information requested is subject to a confidentiality agreement 26 with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 28 Order in this Action, the relevant discovery request(s), and a reasonably specific 1 description of the information requested; and 2 (3) make the information requested available for inspection by the Non- 3 Party, if requested. 4 (c) If the Non-Party fails to seek a protective order from this court within 14 5 days of receiving the notice and accompanying information, the Receiving Party 6 may produce the Non-Party’s confidential information responsive to the discovery 7 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 8 not produce any information in its possession or control that is subject to the 9 confidentiality agreement with the Non-Party before a determination by the court. 10 Absent a court order to the contrary, the Non-Party shall bear the burden and 11 expense of seeking protection in this court of its Protected Material. 12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 13 MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has 15 disclosed Protected Material to any person or in any circumstance not authorized 16 under this Stipulated Protective Order, the Receiving Party must immediately (a) 17 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 18 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 19 the person or persons to whom unauthorized disclosures were made of all the terms 20 of this Order, and (d) request such person or persons to execute the 21 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 22 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 23 OTHERWISE PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other 26 protection, the obligations of the Receiving Parties are those set forth in Federal 27 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 28 whatever procedure may be established in an e-discovery order that provides for 1 production without prior privilege review. Pursuant to Federal Rule of Evidence 2 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 3 of a communication or information covered by the attorney-client privilege or 4 work product protection, the parties may incorporate their agreement in the 5 stipulated protective order submitted to the court. 6 14. MISCELLANEOUS 7 14.1 Right to Further Relief. Nothing in this Order abridges the right of 8 any person to seek its modification by the Court in the future. 9 14.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order, no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in 12 this Stipulated Protective Order. Similarly, no Party waives any right to object on 13 any ground to use in evidence of any of the material covered by this Protective 14 Order. 15 14.3 Filing Protected Material. A Party that seeks to file under seal any 16 Protected Material must comply with Local Civil Rule 79-5. Protected Material 17 may only be filed under seal pursuant to a court order authorizing the sealing of the 18 specific Protected Material. If a Party’s request to file Protected Material under 19 seal is denied by the court, then the Receiving Party may file the information in the 20 public record unless otherwise instructed by the court. 21 15. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 6, within 23 60 days of a written request by the Designating Party, each Receiving Party must 24 return all Protected Material to the Producing Party or destroy such material. As 25 used in this subdivision, “all Protected Material” includes all copies, abstracts, 26 compilations, summaries, and any other format reproducing or capturing any of the 27 Protected Material. Whether the Protected Material is returned or destroyed, the 28 Receiving Party must submit a written certification to the Producing Party (and, if 1 || not the same person or entity, to the Designating Party) by the 60-day deadline that 2 || (1) identifies (by category, where appropriate) all the Protected Material that was 3 || returned or destroyed and (2) affirms that the Receiving Party has not retained any 4 || copies, abstracts, compilations, summaries or any other format reproducing or 5 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 6 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 7 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 8 || and trial exhibits, expert reports, attorney work product, and consultant and expert 9 || work product, even if such materials contain Protected Material. Any such archival 10 || copies that contain or constitute Protected Material remain subject to this 11 || Protective Order as set forth in Section 6 (DURATION). 12 16. VIOLATION 13 Any violation of this Order may be punished by appropriate measures 14 || including, without limitation, contempt proceedings and/or monetary sanctions. 15 16 For good cause shown based on the Stipulation, IT IS SO ORDERED. 17 18 19 DATED: December 02, 2019 20 i de 21 whee of — 22 nited States Magistrate Judge 23 24 25 26 27 28

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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3 I, _______________________, do solemnly swear that I am fully familiar with the 4 terms of the Protective Order entered in this action, Teresa Perkins, et al. v. City of 5 Anaheim, et al., United States Central District Court Case No. 8:19-cv-00315-JLS 6 (JDEx), and I hereby agree to comply with and be bound by the terms and 7 conditions of the said Protective Order with respect to the handling, use and 8 disclosure of any Confidential Information. I understand and acknowledge that I 9 may be subject to penalties for contempt of Court if I violate said Protective Order 10 and hereby consent to the jurisdiction of said Court for purposes of enforcing said 11 Protective Order. 12 I declare under penalty of perjury under the laws of the State of California 13 and of the United States that the foregoing is true and correct. 14

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17 Date: ______________________________________ 18 City and State where sworn and signed: _________________________________ 19 Printed name: _______________________________ 20 Signature: _______________________________ 21

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26 134285.2 27 28