1 RUSSELL I. MIYAHIRA, City Attorney, SBN 122808 ALISON STEVENS, Assistant City Attorney, SBN 192115 2 HAWTHORNE CITY ATTORNEY’S OFFICE 4455 West 126th Street 3 Hawthorne, California 90250 Tel.: (310) 349-2960 4 Facsimile: (310) 978-9861

5 PAUL B. BEACH, State Bar No. 166265 RAYMOND W. SAKAI, State Bar No. 193507 6 rsakai@lbaclaw.com EMILY B. SUHR, State Bar No. 306658 7 esuhr@lbaclaw.com

LAWRENCE BEACH ALLEN & CHOI, PC

8 100 West Broadway, Suite 1200 Glendale, California 91210-1219 9 Telephone No. (818) 545-1925 NOTE: CHANGES MADE BY THE COURT Facsimile No. (818) 545-1937 10 Attorneys for Defendants 11 City of Hawthorne, Officer Brian Lazorek, and Officer Jerome Michalczak 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15

16 HERMAN ROBERSON, ) Case No. 2:19-cv-06913-DMG-JPR ) 17 Plaintiff, ) Honorable Jean P. Rosenbluth ) 18 vs. ) STIPULATED PROTECTIVE ) ORDER 19 CITY OF HAWTHORNE; OFFICER ) BRIAN LAZOREK, individually and ) 20 in his official capacity, OFFICER )

JEROME MICHALCZAK, )

21 individually and in his official ) capacity; ) 22 ) Defendants. ) 23 24 25 1. GENERAL 26 1.1 Purposes and Limitations. Discovery in this action is likely to 27 involve production of confidential, proprietary, or private information for which 28 special protection from public disclosure and from use for any purpose other than 1 prosecuting this litigation may be warranted. Accordingly, the parties hereby 2 stipulate to and petition the Court to enter the following Stipulated Protective 3 Order. The parties acknowledge that this Order does not confer blanket 4 protections on all disclosures or responses to discovery and that the protection it 5 affords from public disclosure and use extends only to the limited information or 6 items that are entitled to confidential treatment under the applicable legal 7 principles. The parties further acknowledge, as set forth in Section 12.3, below, 8 that this Stipulated Protective Order does not entitle them to file confidential 9 information under seal; Civil Local Rule 79-5 sets forth the procedures that must 10 be followed and the standards that will be applied when a party seeks permission 11 from the court to file material under seal. 12 1.2 Good Cause Statement. 13 This action is likely to involve criminal investigation materials, police 14 reports, confidential informant information, medical records, financial materials, 15 peace officer personnel materials, and other private and confidential materials for 16 which special protection from public disclosure and from use for any purpose 17 other than prosecution of this action may be warranted. Such confidential 18 materials and information consist of, among other things, confidential witness 19 information, investigation techniques, private medical records, confidential peace 20 officer personnel records, information implicating privacy rights of third parties, 21 financial records, personal information, and information otherwise generally 22 unavailable to the public, or which may be privileged or otherwise protected from 23 disclosure under state or federal statutes, court rules, case decisions, or common 24 law. Accordingly, to expedite the flow of information, to facilitate the prompt 25 resolution of disputes over confidentiality of discovery materials, to adequately 26 protect information the parties are entitled to keep confidential, to ensure that the 27 parties are permitted reasonable necessary uses of such material in preparation for 28 and in the conduct of trial, to address their handling at the end of the litigation, 1 and serve the ends of justice, a protective order for such information is justified in 2 this matter. It is the intent of the parties that information will not be designated as 3 confidential for tactical reasons and that nothing be so designated without a good 4 faith belief that it has been maintained in a confidential, non-public manner, and 5 there is good cause why it should not be part of the public record of this case. 6 7 2. DEFINITIONS 8 2.1 Action: this pending federal law suit. 9 2.2 Challenging Party: a Party or Non-Party that challenges the 10 designation of information or items under this Order. 11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for 13 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 14 the Good Cause Statement. 15 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 16 their support staff). 17 2.5 Designating Party: a Party or Non-Party that designates information 18 or items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 2.6 Disclosure or Discovery Material: all items or information, 21 regardless of the medium or manner in which it is generated, stored, or 22 maintained (including, among other things, testimony, transcripts, and tangible 23 things), that are produced or generated in disclosures or responses to discovery in 24 this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a 26 matter pertinent to the litigation who has been retained by a Party or its counsel to 27 serve as an expert witness or as a consultant in this Action. 28 /// 1 2.8 House Counsel: attorneys who are employees of a party to this 2 Action. House Counsel does not include Outside Counsel of Record or any other 3 outside counsel. 4 2.9 Non-Party: any natural person, partnership, corporation, association, 5 or other legal entity not named as a Party to this action. 6 2.10 Outside Counsel of Record: attorneys who are not employees of a 7 party to this Action but are retained to represent or advise a party to this Action 8 and have appeared in this Action on behalf of that party or are affiliated with a 9 law firm that has appeared on behalf of that party, including support staff. 10 2.11 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and 12 their support staffs). 13 2.12 Producing Party: a Party or Non-Party that produces Disclosure 14 Discovery Material in this Action. 15 2.13 Professional Vendors: persons or entities that provide litigation 16 support services (e.g., photocopying, videotaping, translating, preparing exhibits 17 or demonstrations, and organizing, storing, or retrieving data in any form or 18 medium) and their employees and subcontractors. 19 2.14 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 2.15 Receiving Party: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 compilations of Protected Material; and (3) any testimony, conversations, or 1 presentations by Parties or their Counsel that might reveal Protected Material. 2 Any use of Protected Material at trial shall be governed by the orders of the trial 3 judge. This Order does not govern the use of Protected Material at trial. 4 5 4. DURATION 6 Once a case proceeds to trial, all of the court-filed information to be 7 introduced that was previously designated as confidential or maintained pursuant 8 to this protective order becomes public and will be presumptively available to all 9 members of the public, including the press, unless compelling reasons supported 10 by specific factual findings to proceed otherwise are made to the trial judge in 11 advance of the trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 12 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 13 documents produced in discovery from “compelling reasons” standard when 14 merits-related documents are part of court record). Accordingly, the terms of this 15 protective order do not extend beyond the commencement of the trial. 16 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for 19 Protection. Each Party or Non-Party that designates information or items for 20 protection under this Order must take care to limit any such designation to 21 specific material that qualifies under the appropriate standards. The Designating 22 Party must designate for protection only those parts of material, documents, 23 items, or oral or written communications that qualify so that other portions of the 24 material, documents, items, or communications for which protection is not 25 warranted are not swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 Designations that are shown to be clearly unjustified or that have been made for 28 an improper purpose (e.g., to unnecessarily encumber the case development 1 process or to impose unnecessary expenses and burdens on other parties) may 2 expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that 4 it designated for protection do not qualify for protection, that Designating Party 5 must promptly notify all other Parties that it is withdrawing the inapplicable 6 designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided 8 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 9 stipulated or ordered, Disclosure or Discovery Material that qualifies for 10 protection under this Order must be clearly so designated before the material is 11 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 or portions of the material on a page 18 qualifies for protection, the Producing Party also must clearly identify the 19 protected portion(s) (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 1 Material. If only a portion or portions of the material on a page qualifies for 2 protection, the Producing Party also must clearly identify the protected portion(s) 3 (e.g., by making appropriate markings in the margins). 4 (b) for testimony given in depositions that the Designating Party identify 5 the Disclosure or Discovery Material on the record, before the close of the 6 deposition. 7 (c) for information produced in some form other than documentary and for 8 any other tangible items, that the Producing Party affix in a prominent place on 9 the exterior of the container or containers in which the information is stored the 10 legend “CONFIDENTIAL.” If only a portion or portions of the information 11 warrants protection, the Producing Party, to the extent practicable, shall identify 12 the protected portion(s). 13 5.3 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 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time that is consistent with the Court’s 23 Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37-1, et seq. Any discovery motion must 26 strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 27 6.3 Burden. The burden of persuasion in any such challenge proceeding 28 shall be on the Designating Party. Frivolous challenges, and those made for an 1 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 2 other parties) may expose the Challenging Party to sanctions. Unless the 3 Designating Party has waived or withdrawn the confidentiality designation, all 4 parties shall continue to afford the material in question the level of protection to 5 which it is entitled under the Producing Party’s designation until the Court rules 6 on the challenge. 7 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that 10 is disclosed or produced by another Party or by a Non-Party in connection with 11 this Action only for prosecuting, defending, or attempting to settle this Action. 12 Such Protected Material may be disclosed only to the categories of persons and 13 under the conditions described in this Order. When the Action has been 14 terminated, a Receiving Party must comply with the provisions of section 13 15 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the Court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 24 as employees of said Outside Counsel of Record to whom it is reasonably 25 necessary to disclose the information for this Action; 26 (b) the officers, directors, and employees (including House Counsel) of the 27 Receiving Party to whom disclosure is reasonably necessary for this Action; 28 /// 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who 8 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or a 10 custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in the 12 Action to whom disclosure is reasonably necessary provided: (1) the deposing 13 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 14 they will not be permitted to keep any confidential information unless they sign 15 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 16 otherwise agreed by the Designating Party or ordered by the Court. Pages of 17 transcribed deposition testimony or exhibits to depositions that reveal Protected 18 Material may be separately bound by the court reporter and may not be disclosed 19 to anyone except as permitted under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions or 22 appointed by the court. 23 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 PRODUCED IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other 27 litigation that compels disclosure of any information or items designated in this 28 Action as “CONFIDENTIAL,” that Party must: 1 /// 2 (a) promptly notify in writing the Designating Party. Such notification shall 3 include a copy of the subpoena or court order unless prohibited by law; 4 (b) promptly notify in writing the party who caused the subpoena or order 5 to issue in the other litigation that some or all of the material covered by the 6 subpoena or order is subject to this Protective Order. Such notification shall 7 include a copy of this Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be 9 pursued by the Designating Party whose Protected Material may be affected. If 10 the Designating Party timely seeks a protective order, the Party served with the 11 subpoena or court order shall not produce any information designated in this 12 action as “CONFIDENTIAL” before a determination by the court from which the 13 subpoena or order issued, unless the Party has obtained the Designating Party’s 14 permission. The Designating Party shall bear the burden and expense of seeking 15 protection in that court of its confidential material and nothing in these provisions 16 should be construed as authorizing or encouraging a Receiving Party in this 17 Action to disobey a lawful directive from another court. 18 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a 22 Non Party in this Action and designated as “CONFIDENTIAL.” Such 23 information produced by Non-Parties in connection with this litigation is 24 protected by the remedies and relief provided by this Order. Nothing in these 25 provisions should be construed as prohibiting a Non-Party from seeking 26 additional protections. 27 (b) In the event that a Party is required, by a valid discovery request, to 28 produce a NonParty’s confidential information in its possession, and the Party is 1 /// 2 subject to an agreement with the Non-Party not to produce the Non-Party’s 3 confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non 5 Party that some or all of the information requested is subject to a confidentiality 6 agreement with a Non-Party; 7 (2) promptly provide the Non-Party with a copy of the Stipulated 8 Protective Order in this Action, the relevant discovery request(s), and a 9 reasonably specific description of the information requested; and 10 (3) make the information requested available for inspection by the 11 Non-Party, if requested. 12 (c) If the Non-Party fails to seek a protective order from this Court within 13 21 days of receiving the notice and accompanying information, the Receiving 14 Party may produce the NonParty’s confidential information responsive to the 15 discovery request. If the Non-Party timely seeks a protective order, the Receiving 16 Party shall not produce any information in its possession or control that is subject 17 to the confidentiality agreement with the Non-Party before a determination by the 18 Court. Absent a court order to the contrary, the Non-Party shall bear the burden 19 and expense of seeking protection in this Court of its Protected Material. 20 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has 23 disclosed Protected Material to any person or in any circumstance not authorized 24 under this Stipulated Protective Order, the Receiving Party must immediately (a) 25 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 26 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 27 inform the person or persons to whom unauthorized disclosures were made of all 28 the terms of this Order, and (d) request such person or persons to execute the 1 /// 2 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 3 Exhibit A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 6 OTHERWISE PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the Receiving Parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 11 whatever procedure may be established in an e-discovery order that provides for 12 production without prior privilege review. Pursuant to Federal Rule of Evidence 13 502(d) and (e), insofar as the parties reach an agreement on the effect of 14 disclosure of a communication or information covered by the attorney-client 15 privilege or work product protection, the parties may incorporate their agreement 16 in the stipulated protective order submitted to the Court provided the Court so 17 allows. 18 19 12. MISCELLANEOUS 20 12.1 Right to Further Relief. Nothing in this Order abridges the right of 21 any person to seek its modification by the Court in the future. 22 12.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order, no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in 25 this Stipulated Protective Order. Similarly, no Party waives any right to object on 26 any ground to use in evidence of any of the material covered by this Protective 27 Order. 28 1 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 3 may only be filed under seal pursuant to a court order authorizing the sealing of 4 the specific Protected Material at issue; good cause must be shown in the request 5 to file under seal. If a Party’s request to file Protected Material under seal is 6 denied by the Court, then the Receiving Party may file the information in the 7 public record unless otherwise instructed by the Court. 8 9 13. FINAL DISPOSITION 10 After the final disposition of this Action, within 60 days of a written 11 request by the Designating Party, each Receiving Party must return all Protected 12 Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 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 17 same person or entity, to the Designating Party) by the 60 day deadline that (1) 18 identifies (by category, where appropriate) all the Protected Material that was 19 returned or destroyed, and (2) affirms that the Receiving Party has not retained 20 any copies, abstracts, compilations, summaries or any other format reproducing or 21 capturing any of the Protected Material. Notwithstanding this provision, counsel 22 are entitled to retain an archival copy of all pleadings, motion papers, trial, 23 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 24 and trial exhibits, expert reports, attorney work product, and consultant and expert 25 work product, even if such materials contain Protected Material. Any such 26 archival copies that contain or constitute Protected Material remain subject to this 27 Protective Order as set forth in Section 4 (DURATION). 28 /// 1 | /// 2 14. VIOLATION OF ORDER 3 Any violation of this Order may be punished by any and all appropriate 4 || measures including, without limitation, contempt proceedings and/or monetary 5 || sanctions. 6 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 9 || Dated: April 3, 2020 PLC LAW GROUP, APC 10 By /s/_ Peter L. Carr 11 Peter L. Carr 12 Na’Shaun L. Neal B Attorneys for Plaintiff Herman Roberson 14 15 16 Dated: April 3, 2020 LAWRENCE BEACH ALLEN & CHOI, PC 17 By /s/ Raymond W. Sakai 18 Raymond W. Sakai! Attorneys for Defendants 19 City of Hawthorne, 20 Officer Brian Lazorek, and Officer Jerome Michalcezak 22 fe RreMadtl~ 3 Dated: April 10, 2020 Jean P. Rosenbluth 24 United States Magistrate Judge 25 26 a7 As the filer of this [Proposed] Protective Order, I attest that Peter L. Carr 28 || concurs in the content of the Stipulation and has authorized its filing.

1A

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of ___________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. I 15 further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________