1 JON A. HEABERLIN (SBN 199810)

RANKIN | STOCK | HEABERLIN | ONEAL

2 96 No. Third Street, Suite 500 San Jose, California 95112-7709 3 Telephone: (408) 293-0463 Facsimile: (408) 293-9514 4 Email: jon@rankinstock.com

5 Attorneys for COUNTY OF TRINITY,

CORPORAL RON WHITMAN

6

BENJAMIN MAINZER (SBN 257748)

7 Reiner, Slaughter, Mainzer & Frankel, LLP 804 Third Street 8 Eureka, California 95501 Telephone: (707) 445-7917 9 Facsimile: (707) 443-0442 Email: bmainzer@reinerslaughter.com 10

11

IN THE UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13

14 JAMES GUND and NORMA GUND, ) No. 2:13-cv-0452 TLN DB ) 15 Plaintiffs, ) STIPULATED PROTECTIVE ORDER

FOR STANDARD LITIGATION

) 16 v. ) 17 ) COUNTY OF TRINITY, California, a ) 18 governmental entity; CORPORAL RON )

WHITMAN, SHERIFF BRUCE HANEY, )

19 DOES 1-40, inclusive, )

) 20 Defendants. ) 21 22 1. PURPOSES AND LIMITATIONS 23 Disclosure and discovery activity in this action are likely to involve production of 24 confidential, proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 26 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 27 Protective Order in accordance with local rules 141 and 141.1. The parties acknowledge that this 28 STIPULATED PROTECTIVE ORDER FOR 1 Order does not confer blanket protections on all disclosures or responses to discovery and that the 2 protection it affords from public disclosure and use extends only to the limited information or 3 items that are entitled to confidential treatment under the applicable legal principles. The parties 4 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does 5 not entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the 6 procedures that must be followed and the standards that will be applied when a party seeks 7 permission from the court to file material under seal. 8 2. DEFINITIONS 9 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 10 information or items under this Order. 11 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 12 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 13 of Civil Procedure 26(c). 14 2.2(b) “ATTORNEYS EYES ONLY” information or items: means a subset of 15 “CONFIDENTIAL” information (see Section 2.2) whose disclosure to another Party or non-party 16 would create a substantial risk of injury or damage by the disclosure of confidential or personal 17 information, and where such disclosure therefore requires more stringent protection than that 18 provided for “CONFIDENTIAL” information and whose protection cannot be provided by less 19 restrictive means. 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 21 well as their support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or items that it 23 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “ATTORNEYS 24 EYES ONLY.” 25 2.5 Disclosure or Discovery Material: all items or information, regardless of the 26 medium or manner in which it is generated, stored, or maintained (including, among other things, 27 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 28 STIPULATED PROTECTIVE ORDER FOR 1 responses to discovery in this matter. 2 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 3 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 4 consultant in this action. 5 2.7 House Counsel: attorneys who are employees of a party to this action. House 6 Counsel does not include Outside Counsel of Record or any other outside counsel. 7 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 8 entity not named as a Party to this action. 9 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 10 action but are retained to represent or advise a party to this action and have appeared in this action 11 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 12 2.10 Party: any party to this action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 15 Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 organizing, storing, or retrieving data in any form or medium) and their employees and 19 subcontractors. 20 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 21 “CONFIDENTIAL” as well as any materials falling under California Penal Code Section 22 832.7(a). This includes, but is not limited to, the personnel records of peace officers and custodial 23 officers and records maintained by any state or local agency pursuant to Section 832.5, or 24 information obtained from these records. Protected materials would also include confidential 25 witness information, the medical and mental health information of the Plaintiffs, as well as law 26 enforcement investigatory materials relating to, for example, the murders of Kristine Constantino 27 and Christopher Richardson. The parties agree that these information and documents contain 28 STIPULATED PROTECTIVE ORDER FOR 1 particularly sensitive entries which require the protection of a Court Order. 2 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 3 Producing Party. 4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only Protected Material 6 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 7 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 8 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 9 However, the protections conferred by this Stipulation and Order do not cover the following 10 information: (a) any information that is in the public domain at the time of disclosure to a 11 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 12 result of publication not involving a violation of this Order, including becoming part of the public 13 record through trial or otherwise; (b) any information known to the Receiving Party prior to the 14 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 15 information lawfully and under no obligation of confidentiality to the Designating Party and (c) 16 any information stated in California Penal Code Section 832.7(b)(1). Any use of Protected 17 Material at trial shall be governed by a separate agreement or order. 18 4. DURATION 19 Even after final disposition of this litigation, the confidentiality obligations imposed by this 20 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 21 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 22 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 23 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 24 including the time limits for filing any motions or applications for extension of time pursuant to 25 applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 28 STIPULATED PROTECTIVE ORDER FOR 1 or Non-Party that designates information or items for protection under this Order must take care to 2 limit any such designation to specific material that qualifies under the appropriate standards. The 3 Designating Party must designate for protection only those parts of material, documents, items, or 4 oral or written communications that qualify – so that other portions of the material, documents, 5 items, or communications for which protection is not warranted are not swept unjustifiably within 6 the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 8 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 9 unnecessarily encumber or retard the case development process or to impose unnecessary 10 expenses and burdens on other parties) expose the Designating Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it designated 12 for protection do not qualify for protection, that Designating Party must promptly notify all other 13 Parties that it is withdrawing the mistaken designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 15 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 16 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 17 designated before the material is disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic documents, but 20 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 21 affix the legend “CONFIDENTIAL” OR “ATTORNEYS EYES ONLY” to each page that 22 contains protected material. If only a portion or portions of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 24 appropriate markings in the margins). 25 A Party or Non-Party that makes original documents or materials available for inspection 26 need not designate them for protection until after the inspecting Party has indicated which material 27 it would like copied and produced. During the inspection and before the designation, all of the 28 STIPULATED PROTECTIVE ORDER FOR 1 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 2 Party has identified the documents it wants copied and produced, the Producing Party must 3 determine which documents, or portions thereof, qualify for protection under this Order. Then, 4 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 5 legend to each page that contains Protected Material. If only a portion or portions of the material 6 on a page qualifies for protection, the Producing Party also must clearly identify the protected 7 portion(s) (e.g., by making appropriate markings in the margins). 8 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 9 Designating Party identify on the record, before the close of the deposition, hearing, or other 10 proceeding, all protected testimony. 11 (c) for information produced in some form other than documentary and for any other 12 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 13 or containers in which the information or item is stored the legend “CONFIDENTIAL.” OR 14 “ATTORNEYS EYES ONLY.” If only a portion or portions of the information or item warrant 15 protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 17 designate qualified information or items does not, standing alone, waive the Designating Party’s 18 right to secure protection under this Order for such material. Upon timely correction of a 19 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 20 in accordance with the provisions of this Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 23 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 24 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 25 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 26 challenge a confidentiality designation by electing not to mount a challenge promptly after the 27 original designation is disclosed. 28 STIPULATED PROTECTIVE ORDER FOR 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 2 process by providing written notice of each designation it is challenging and describing the basis 3 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 4 notice must recite that the challenge to confidentiality is being made in accordance with this 5 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 6 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 7 forms of communication are not sufficient) within 14 days of the date of service of notice. In 8 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 9 designation was not proper and must give the Designating Party an opportunity to review the 10 designated material, to reconsider the circumstances, and, if no change in designation is offered, to 11 explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of 12 the challenge process only if it has engaged in this meet and confer process first or establishes that 13 the Designating Party is unwilling to participate in the meet and confer process in a timely 14 manner. 15 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 16 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 17 Civil Local Rule 141 (and in compliance with Civil Local Rule 251, if applicable) within 21 days 18 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 19 process will not resolve their dispute, whichever is earlier. Each such motion must be 20 accompanied by a competent declaration affirming that the movant has complied with the meet 21 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 22 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 23 shall automatically waive the confidentiality designation for each challenged designation. In 24 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 25 time if there is good cause for doing so, including a challenge to the designation of a deposition 26 transcript or any portions thereof. Any motion brought pursuant to this provision must be 27 accompanied by a competent declaration affirming that the movant has complied with the meet 28 STIPULATED PROTECTIVE ORDER FOR 1 and confer requirements imposed by the preceding paragraph. 2 The burden of persuasion in any such challenge proceeding shall be on the Designating 3 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 4 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 5 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 6 file a motion to retain confidentiality as described above, all parties shall continue to afford the 7 material in question the level of protection to which it is entitled under the Producing Party’s 8 designation until the court rules on the challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 11 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 12 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 13 the categories of persons and under the conditions described in this Order. A Receiving Party may 14 not disclose the contents of any Protected Material to anyone who does not otherwise qualify for 15 receipt of Protected Material under Section 7.2 or 7.2(b). Such prohibition on disclosure includes 16 the making of an oral statement or other communication with reveals the substance of the 17 Protected Material, or any part thereof. When the litigation has been terminated, a Receiving Party 18 must comply with the provisions of section 13 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a location and in 20 a secure manner that ensures that access is limited to the persons authorized under this Order. 21 7.2(a) Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 22 by the court or permitted in writing by the Designating Party, any information or item designated 23 “CONFIDENTIAL” may be produced only to the following: 24 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 25 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 26 for this litigation; 27 (b) the officers, directors, and employees (including House Counsel) of the Receiving 28 STIPULATED PROTECTIVE ORDER FOR 1 Party to whom disclosure is reasonably necessary for this litigation; 2 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 3 reasonably necessary for this litigation and who have signed the “Acknowledgment and 4 Agreement to Be Bound” (Exhibit A); 5 (d) the court and its personnel; 6 (e) court reporters and their staff; 7 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 8 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 9 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 10 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 11 bound by the court reporter and may not be disclosed to anyone except as permitted under this 12 Stipulated Protective Order. 13 (g) the author or recipient of a document containing the information or a custodian or 14 other person who otherwise possessed or knew the information; 15 (h) the named parties in this litigation; 16 (i) Any claims administrator, insurance adjuster, or other risk management person who 17 provides claims administrative services to the County of Trinity, or is employed by an insurance 18 company that has policies that apply, or potentially apply, to cover the County of Trinity or its 19 employees for the claims being made in this litigation, and who have signed the Acknowledgment 20 and Agreement to Be Bound” (Exhibit A). 21 7.2(b) Disclosure of “ATTORNEYS EYES ONLY” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, any information 23 or item designated “ATTORNEYS EYES ONLY” may be produced only to the following: 24 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 25 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 26 for this litigation; 27 (b) the officers, directors, and employees (including House Counsel) of the Receiving 28 STIPULATED PROTECTIVE ORDER FOR 1 Party to whom disclosure is reasonably necessary for this litigation; 2 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 3 reasonably necessary for this litigation and who have signed the “Acknowledgment and 4 Agreement to Be Bound” (Exhibit A); 5 (d) the court and its personnel; 6 (e) court reporters and their staff,; 7 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 8 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 9 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 10 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 11 bound by the court reporter and may not be disclosed to anyone except as permitted under this 12 Stipulated Protective Order. 13 (g) the author or recipient of a document containing the information or a custodian or 14 other person who otherwise possessed or knew the information. 15 (h) Any claims administrator, insurance adjuster, or other risk management person who 16 provides claims administrative services to the County of Trinity, or is employed by an insurance 17 company that has policies that apply, or potentially apply, to cover the County of Trinity or its 18 employees for the claims being made in this litigation, and who have signed the Acknowledgment 19 and Agreement to Be Bound” (Exhibit A). 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 21 LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation that compels 23 disclosure of any information or items designated in this action as “CONFIDENTIAL” or 24 “ATTORNEYS EYES ONLY,” that Party must: 25 (a) Promptly notify in writing the Designating Party. Such notification shall include a 26 copy of the subpoena or court order; 27 (b) Promptly notify in writing the party who caused the subpoena or order to issue in the 28 STIPULATED PROTECTIVE ORDER FOR 1 other litigation that some or all of the material covered by the subpoena or order is subject to this 2 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 3 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 4 Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with the subpoena 6 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 7 OR “ATTORNEYS EYES ONLY” before a determination by the court from which the subpoena 8 or order issued, unless the Party has obtained the Designating Party’s permission. The Designating 9 Party shall bear the burden and expense of seeking protection in that court of its confidential 10 material – and nothing in these provisions should be construed as authorizing or encouraging a 11 Receiving Party in this action to disobey a lawful directive from another court. 12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 13 LITIGATION 14 (a) The terms of this Order are applicable to information produced by a Non-Party in this 15 action and designated as “CONFIDENTIAL.” OR “ATTORNEYS EYES ONLY”. Such 16 information produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Nothing in these provisions should be construed as 18 prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 20 Party’s confidential information in its possession, and the Party is subject to an agreement with the 21 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 23 all of the information requested is subject to a confidentiality agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 25 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 26 information requested; and 27 (3) make the information requested available for inspection by the Non-Party. 28 STIPULATED PROTECTIVE ORDER FOR 1 (c) If the Non-Party fails to object or seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party may produce the 3 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 4 seeks a protective order, the Receiving Party shall not produce any information in its possession or 5 control that is subject to the confidentiality agreement with the Non-Party before a determination 6 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 7 expense of seeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 The parties acknowledge the important function of this Protective Order and the serious 10 consequences and/or harm that could result in the event of unauthorized disclosure. The parties 11 shall implement a protocol within their counsel’s office(s) to ensure that Protected Material is 12 maintained appropriately and take all necessary steps to safeguard against its unauthorized 13 disclosure. 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 15 Material to any person or in any circumstance not authorized under this Stipulated Protective 16 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 17 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 18 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 19 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 20 Agreement to Be Bound” that is attached hereto as Exhibit A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 22 MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain inadvertently 24 produced material is subject to a claim of privilege or other protection, the obligations of the 25 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 26 provision is not intended to modify whatever procedure may be established in an e-discovery order 27 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 28 STIPULATED PROTECTIVE ORDER FOR 1 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 2 communication or information covered by the attorney-client privilege or work product protection, 3 the parties may incorporate their agreement in the stipulated protective order submitted to the 4 court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 7 seek its modification by the court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 9 Order no Party waives any right it otherwise would have to object to disclosing or producing any 10 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 11 Party waives any right to object on any ground to use in evidence of any of the material covered 12 by this Protective Order. 13 12.3 Filing Protected Material. Without written permission from the Designating Party 14 or a court order secured after appropriate notice to all interested persons, a Party may not file in 15 the public record in this action any Protected Material. A Party that seeks to file under seal any 16 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 17 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 18 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request establishing 19 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 20 to protection under the law. If a Receiving Party's request to file Protected Material under seal 21 pursuant to Civil Local Rule 141 is denied by the court, then the Receiving Party may file the 22 information in the public record pursuant to Civil Local Rule 140 unless otherwise instructed by 23 the court. 24 // 25 // 26 // 27 // 28 STIPULATED PROTECTIVE ORDER FOR 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 4 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 5 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 6 the Protected Material is returned or destroyed, the Receiving Party must submit a written 7 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 8 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 9 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 10 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 11 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 12 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 13 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 14 consultant and expert work product, even if such materials contain Protected Material. Any such 15 archival copies that contain or constitute Protected Material remain subject to this Protective Order 16 as set forth in Section 4 (DURATION). 17 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 20 DATED: /s/ August 14, 2022__________ /s/ Benjamin H. Mainzer______________ Benjamin H. Mainzer 21 Attorneys for Plaintiffs 22 James Gund and Norma Gund

23

24 DATED: _/s/ August 5, 2022_____ _/s/ Jon A. Heaberlin________________ 25

JON A. HEABERLIN

26 Attorneys for Defendants

COUNTY OF TRINITY, CORPORAL RON

27 WHITMAN 28 STIPULATED PROTECTIVE ORDER FOR 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 pursuant to this order does not automatically entitle the parties to file such a document with the 8 court under seal. Parties are advised that any request to seal documents in this district is governed 9 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 the requested duration, the identity, by name or category, of persons to be permitted access to the 14 document, and all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 19 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 21 certain documents, at any court hearing or trial – such determinations will only be made by the 22 court at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 25 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 26 parte basis or on shortened time. 27 //// 28 STIPULATED PROTECTIVE ORDER FOR 1 6. The parties may not modify the terms of this Protective Order without the court’s 2 approval. If the parties agree to a potential modification, they shall submit a stipulation and 3 proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 5 of the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 hereby DISAPPROVED. 8 DATED: August 22, 2022 /s/ DEBORAH BARNES

UNITED STATES MAGISTRATE JUDGE

9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER FOR 1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand 5 the Stipulated Protective Order that was issued by the United States District Court for the Eastern 6 District of California on [date] in the case of James Gund and Norma Gund vs. County of Trinity 7 et al., Case No. 2:13-CV-00452-TLN-DMC. I agree to comply with and to be bound by all the 8 terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions 12 of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 15 even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20

21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23

24 Printed name: _______________________________ 25

26 Signature: __________________________________ 27

28 STIPULATED PROTECTIVE ORDER FOR