1 Gregory B. Thomas (SBN 239870) E-mail: gthomas@bwslaw.com 2 Temitayo O. Peters (SBN 309913) E-mail: tpeters@bwslaw.com 3 Kyle Anne Piasecki (SBN 311961) E-mail: kpiasecki@bwslaw.com 4 Jasper L. Hall (SBN 341113) E-mail: jhall@bwslaw.com 5 BURKE, WILLIAMS & SORENSEN, LLP 1999 Harrison Street, Suite 1650 6 Oakland, California 94612-3520 Tel: 510.273.8780 Fax: 510.839.9104 7 Attorneys for Defendants MARY CENDANA 8 (erroneously sued as MARY CEDANA), R.N.;

SARAI HARDWICK, L.V.N.; MANDEEP

9 KAUR, R.N.; ROBYN MENDOZA; ANDREA LOPEZ; and SGT. IZAGUIRRE 10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

12

13 VANESSA AVALOS, Individually and as Case No. 2:22-cv-00861-TLN-KJN 14 Successor in Interest to THE ESTATE OF

ERNESTO ISAIAH AVALOS, DECEASED, STIPULATED PROTECTIVE ORDER

15 Plaintiffs, Judge: Troy L. Nunley 16 v. Trial Date: N/A 17

MARY CEDANA, R.N.; SARAI

18 HARDWICK, L.V.N.; MANDEEP KAUR,

R.N.; ROBYN MENDOZA, ANDREA

19 LOPEZ, SGT. IZAGUIRRE, AND JOHNNIE

MORRIS,

20 Defendants. 21

22 The parties, by and through their respective attorneys of record, hereby stipulate to the 23 following protective order being issued in this matter: 24 1. PURPOSES AND LIMITATIONS 25 Disclosure and discovery activity in this action are likely to involve production of 26 confidential, proprietary, or private information for which special protection from public 27 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 1 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 2 all disclosures or responses to discovery and that the protection it affords from public disclosure 3 and use extends only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 5 below, that this Stipulated Protective Order does not entitle them to file confidential information 6 under seal; Eastern District Local Rule 141 sets forth the procedures that must be followed and the 7 standards that will be applied when a party seeks permission from the court to file material under 8 seal. 9 2. DEFINITIONS 10 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 11 information or items under this Order. 12 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 13 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 14 Civil Procedure 26(c), and for which public disclosure is likely to result in particularized harm and 15 violate privacy interests recognized by law. This information may include: 16 a. personnel file records of any peace officer; 17 b. medical records; 18 c. social security numbers and similar sensitive identifying information (unless 19 redacted by order or by agreement of all parties). 20 d. information which is not publicly available and would threaten the security 21 of the jail if not protected 22 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 23 well as their support staff). 24 2.4 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 26 2.5 Disclosure or Discovery Material: all items or information, regardless of the 27 medium or manner in which it is generated, stored, or maintained (including, among other things, 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 organizing, 18 storing, or retrieving data in any form or medium) and their employees and subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 20 “CONFIDENTIAL.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 1 information: (a) any information that is in the public domain at the time of disclosure to a 2 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 3 result of publication not involving a violation of this Order, including becoming part of the public 4 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 5 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 6 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 7 use of Protected Material at trial shall be governed by a separate agreement or order. The parties 8 agree to meet and confer to meet and confer prior to trial to discuss the use of designation of 9 Protected Material for use during trial. The parties agree to submit any unresolved disputes related 10 to the use of Protected Material during trial to the assigned magistrate judge within one week of 11 the Pretrial Conference. 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations imposed by this 14 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 15 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 16 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 17 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 18 including the time limits for filing any motions or applications for extension of time pursuant to 19 applicable law. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 22 or Non-Party that designates information or items for protection under this Order must take care to 23 limit any such designation to specific material that qualifies under the appropriate standards. The 24 Designating Party must designate for protection only those parts of material, documents, items, or 25 oral or written communications that qualify – so that other portions of the material, documents, 26 items, or communications for which protection is not warranted are not swept unjustifiably within 27 the ambit of this Order. 1 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 2 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 3 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 4 and burdens on other parties) expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it designated for 6 protection do not qualify for protection, that Designating Party must promptly notify all other 7 Parties that it is withdrawing the mistaken designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 9 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 10 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 11 designated before 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 documents, but 14 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 15 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 16 portion or portions of the material on a page qualifies for protection, the Producing Party also must 17 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents or materials available for inspection 19 need not designate them for protection until after the inspecting Party has indicated which material 20 it would like copied and produced. During the inspection and before the designation, all of the 21 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 22 Party has identified the documents it wants copied and produced, the Producing Party must 23 determine which documents, or portions thereof, qualify for protection under this Order. Then, 24 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 25 legend to each page that contains Protected Material. If only a portion or portions of the material 26 on a page qualifies for protection, the Producing Party also must clearly identify the protected 27 portion(s) (e.g., by making appropriate markings in the margins). Any confidential designation 1 legibility and shall not be placed diagonally across pages or overlaid on top of text in any manner. 2 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 3 Designating Party identify on the record, before the close of the deposition, hearing, or other 4 proceeding, all protected testimony. In no event shall an entire deposition be deemed 5 “CONFIDENTIAL.” 6 (c) for information produced in some form other than documentary and for any other 7 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 8 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 9 portion or portions of the information or item warrant protection, the Producing Party, to the extent 10 practicable, shall identify the protected portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 12 designate qualified information or items does not, standing alone, waive the Designating Party’s 13 right to secure protection under this Order for such material. Upon timely correction of a 14 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 15 in accordance with the provisions of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 18 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 19 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 20 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 21 challenge a confidentiality designation by electing not to mount a challenge promptly after the 22 original designation is disclosed. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 24 by providing written notice of each designation it is challenging and describing the basis for each 25 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 26 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 27 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 1 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 2 Party must explain the basis for its belief that the confidentiality designation was not proper and 3 must give the Designating Party an opportunity to review the designated material, to reconsider the 4 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 5 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 6 has engaged in this meet and confer process first or establishes that the Designating Party is 7 unwilling to participate in the meet and confer process in a timely manner. 8 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 9 intervention, the Challenging Party shall file and serve a motion to remove confidentiality under 10 Eastern District Local Rule 230 and 251 (and in compliance with Eastern District Local Rules 141 11 and 141.1, if applicable) within 21 days of the initial notice of challenge or within 14 days of the 12 parties agreeing that the meet and confer process will not resolve their dispute, whichever is 13 earlier. Each such motion must be accompanied by a competent declaration affirming that the 14 movant has complied with the meet and confer requirements imposed in the preceding paragraph. 15 In addition, the Challenging Party may file a motion challenging a confidentiality designation at 16 any time if there is good cause for doing so, including a challenge to the designation of a 17 deposition transcript or any portions thereof. Any motion brought pursuant to this provision must 18 be accompanied by a competent declaration affirming that the movant has complied with the meet 19 and confer requirements imposed by the preceding paragraph. 20 The burden of persuasion in any such challenge proceeding shall be on the Designating 21 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 22 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 23 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 24 oppose a motion to retain confidentiality as described above, all parties shall continue to afford the 25 material in question the level of protection to which it is entitled under the Producing Party’s 26 designation until the court rules on the challenge. 27 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 2 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 3 the categories of persons and under the conditions described in this Order. When the litigation has 4 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a location and in 7 a secure manner that ensures that access is limited to the persons authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 9 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 10 information or item designated “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 12 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 13 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 14 Bound” that is attached hereto as Exhibit A; 15 (b) the officers, directors, and employees (including House Counsel) of the Receiving 16 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure is 19 reasonably necessary for this litigation and who have signed the “Acknowledgment and 20 Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 23 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 24 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 26 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 27 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 1 bound by the court reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order; 3 (g) the author or recipient of a document containing the information or a custodian or 4 other person who otherwise possessed or knew the information; 5 (h) any mediator or settlement officer, and their supporting personnel, mutually agreed 6 upon by any of the parties engaged in settlement discussions. 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 8 LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation that compels 10 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 11 must: 12 (a) promptly notify in writing the Designating Party. Such notification shall include a 13 copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order to issue in 15 the other litigation that some or all of the material covered by the subpoena or order is subject to 16 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 17 and 18 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 19 Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with the subpoena 21 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 22 before a determination by the court from which the subpoena or order issued, unless the Party has 23 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 24 expense of seeking protection in that court of its confidential material – and nothing in these 25 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 26 disobey a lawful directive from another court. 27 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 1 (a) The terms of this Order are applicable to information produced by a Non-Party in 2 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 3 connection with this litigation is protected by the remedies and relief provided by this Order. 4 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 5 additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 7 Party’s confidential information in its possession, and the Party is subject to an agreement with the 8 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 9 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 10 all of the information requested is subject to a confidentiality agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 12 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 13 information requested; and 14 (3) make the information requested available for inspection by the Non-Party. 15 (c) If the Non-Party fails to object or seek a protective order from this court within 14 16 days of receiving the notice and accompanying information, the Receiving Party may produce the 17 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 18 seeks a protective order, the Receiving Party shall not produce any information in its possession or 19 control that is subject to the confidentiality agreement with the Non-Party before a determination 20 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 21 of seeking protection in this court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 24 Material to any person or in any circumstance not authorized under this Stipulated Protective 25 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 26 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 27 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 1 Agreement to Be Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 3 MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain inadvertently 5 produced material is subject to a claim of privilege or other protection, the obligations of the 6 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 7 provision is not intended to modify whatever procedure may be established in an e-discovery order 8 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 9 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 10 communication or information covered by the attorney-client privilege or work product protection, 11 the parties may incorporate their agreement in the stipulated protective order submitted to the 12 court. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 15 seek its modification by the court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 17 Order no Party waives any right it otherwise would have to object to disclosing or producing any 18 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 19 Party waives any right to object on any ground to use in evidence of any of the material covered 20 by this Protective Order. 21 12.3 Filing Protected Material. Without written permission from the Designating Party 22 or a court order secured after appropriate notice to all interested persons, a Party may not file in 23 the public record in this action any Protected Material. A Party that seeks to file under seal any 24 Protected Material must comply with Eastern District Local Rule 141 and/or 141.1, to the extent 25 applicable. Protected Material may only be filed under seal pursuant to a court order authorizing 26 the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 141, a sealing 27 order will issue only upon a request establishing that the Protected Material at issue is privileged, 1 to file Protected Material under seal pursuant to Civil Local Rule 141(b) is denied by the court, 2 then any Party may file the information in the public record pursuant to Civil Local Rule 141(e)(1) 3 unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 6 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 7 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 8 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 9 the Protected Material is returned or destroyed, the Receiving Party must submit a written 10 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 11 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 12 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 13 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 14 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 15 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 16 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 17 and expert work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective Order as set 19 forth in Section 4 (DURATION). 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 22 Dated: January 19, 2024 CURD, GALINDO & SMITH LLP

23 /s/ Alexis Galindo (as authorized on January 18, 2024) 24 Alexis Galindo, Esq. 25 Attorney for Plaintiff

26

27 1 || Dated: January 19, 2024 BURKE, WILLIAMS & SORENSEN, LLP 2 /s/ Gregory B. Thomas 3 Gregory B. Thomas, Esq. 4 Attorney for Defendants 6 ORDER g The court has reviewed the parties’ stipulated protective order. The stipulation comports 9 with the relevant authorities and the court’s applicable local rule. See L-R. 141.1. The court

10 APPROVES the protective order, subject to the following clarification. The Local Rules state that

once an action is closed, “unless otherwise ordered, the court will not retain jurisdiction over

D enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) (noting that

14 courts in the district generally do not agree to retain jurisdiction for disputes concerning protective 15 orders after closure of the case). Thus, the court will not retain jurisdiction over this protective 16 order once the case is closed.

7 PURSUANT TO STIPULATION, IT IS SO ORDERED.

1g || Dated: January 26, 2024 19 Fe_sil L Neer 20 || Rsaval 086! UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28

WILLIAMS &

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 the 5 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 Vanessa Avalos v County of San 7 Joaquin, et al. Case No. 2:22-cv-00861-TLN-KJ. 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 comply 9 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I 10 will not disclose in any manner any information or item that is subject to this Stipulated Protective 11 Order to any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 14 if such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as 17 my California agent for service of process in connection with this action or any proceedings related 18 to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27