1 || Michael L. Wroniak, Esq. (State Bar No. 210347) 2 ||Jennifer R. Young, Esq. (State Bar No. 318471) COLLINS COLLINS MUIR + STEWART LLP 3 e ° 750 The City Drive, Ste. 400 NOTE: CHANGES MADE 4 || Orange, CA 92868 BY THE COURT (714) 823-4100 — FAX (714) 823-4101 > ||Email: [email protected] 6 Email: [email protected] 7 || Attorneys for Defendants g || County of Orange, Sheriff Don Barnes, Robert Beaver 9 UNITED STATES DISTRICT COURT 10 CENTRALDISTRICT OF CALIFORNIA 11 12 || ASSOCIATION OF ORANGE ) CASE NO. 8:19-cv-01404-JVS-KES B COUNTY DEPUTY SHERIFFS, ) Hon. James V. Selna, Dept. 10C ) 14 Plaintiff, ) PROPOSED) PROTECTIVE ORDER 15 ) OVER ORANGE COUNTY SHERIFF’S V. ) DEPARTMENT PERSONNEL 16 ) RECORDS 17 | COUNTY OF ORANGE, a municipal ) corporation; DON BARNES, ) 18 || individually and as Sheriff for the ) 19 || County of Orange; ROBERT ) Complaint Filed: July 19, 2019 BEAVER, individually and as a Senior ) 20 || Director for the County of Orange; and ) Trial Date: December 8, 2020 4 DOES 1 through 10, Inclusive, ) ) 22 Defendants. ) C‘CSC*; 24 The Court being advised that the parties, through their respective counsels of 25 ||record, stipulate to a protective order, precluding publication and limiting the use of 26 documents and information contained within the Orange County Sheriff’s Department 27 ||personnel files, grants this Protective Order over certain of the Orange County 28 Sheriff's Department personnel files. COLLINS FILE #21879

1 IT IS HEREBY ORDERED AS FOLLOWS: 2 1. Good cause exists for issuance of a protective order pursuant to Federa 3 |/Rule of Civil Procedure Rule 26(c) to facilitate the anticipated discovery efforts of th 4 || parties and to balance the privacy interests and protection of confidential informatio: 5 || related to the Orange County Sheriff’s Department personnel files that may be protecte 6 |lby California Evidence Code §§ 1040 et seq. and the official information privileg 7 {| (Sanchez v. City of Santa Ana,

(9th Cir. 1990)). 8 2. All documents produced by the parties in the category set forth below, i 9 |! paragraph 3, shall be marked “CONFIDENTIAL.” If the first page of any multi-pag 10 || document bears this legend, then the entire document is deemed confidential, unles 11 |lotherwise indicated by the producing party. The stamping of the legen 12 || “CONFIDENTIAL” is for identification purposes only, and in the event that a documen 13 || produced by the County pursuant this Protective Order is inadvertently not stamped □□□□ 14 || the legend “CONFIDENTIAL,” such document is still subject to the provisions of thi 15 || Protective Order. 16 3. All contents of Orange County Sheriff’s Department personnel files in thi 17 || action, produced by the County subsequent to the entry of this Protective Order shall b 18 subject to this Protective Order, shall be deemed Confidential Information, with th 19 |! exception of the members of the Association of Orange County Deputy Sheriffs tha 20 |! expressly authorize the production of their personnel files to Plaintiff. 21 4. All Confidential Information provided in accordance with this Order ma: 22 |!be used for all proceedings in this matter only, including law and motion, and all pre 23 |! trial matters. However, in the event that Confidential Information is used in the □□□□□ 24 || pre-trial proceedings, the party submitting the Confidential Information must seek a1 25 |! order sealing that portion of the record. 26 5. Any party may bring a motion pursuant to Local Rule 37-1 before th 27 |) assigned judge, to determine whether any material produced and marked as confidentia 28 |/is in fact confidential and subject to this protective order. In the event that either part

1 || challenges the designation of materials as confidential, this protective order shall not b 2 ||deemed to be any admission by either party that any of the disclosed information is i 3 || fact confidential and/or protected by any privilege. 4 6. Testimony taken at any deposition, conference, hearing, or any pre-tria 5 ||/matter, which involve matters set forth above in paragraph 3, may be designated a 6 |\confidential by making a statement to that effect on the record at the deposition o 7 |\proceeding. Arrangements shall be made by the County with the Court Reporte 8 |/transcribing such proceedings to separately bind such portions of the transcrip 9 |!containing information designated as confidential, and to label such portion 10 || accordingly. i 7. All Confidential Information produced in accordance with this Protective 12 || Order shall not be used in any deposition, legal proceeding, or in any other forum that 13 the instant case, nor shall the Confidential Information be disseminated in any form 14 |lexcept by court order or subpoena, or until such time as the “CONFIDENTIAL’ 15 || designation is removed by agreement of counsel for the parties or by further order o 16 || this Court. Should a party receive a subpoena for the Confidential Information acquires 17 || through litigation under this Protective Order, said party shall notify the party’s □□□□ 18 records are sought promptly upon receipt of a subpoena for said records. Further, thi 19 || party subpoenaed shall not waive any objections grounds of confidentiality, privac’ 20 |! rights, privilege, or protections under California law provided by Pitchess codified i 21 |! California Evidence Code section 1040 et. seq. 22 8. As to the parties, Confidential Information shall be viewed only by: (1 23 |! counsel of record for the receiving party, including associates, clerks, and secretaria 24 || staff for such parties, (2) independent experts retained by parties (and approved by th 25 |\other parties), and (3) any associates, assistants, and secretarial personnel of sucl 26 |/experts and other persons designated by agreement of counsel for the parties, and 27 || long as said experts have agreed in writing in advance of any disclosure of Confidentia 28 || Information to be bound by this Protective Order. As this provision only applies to th COLLINS | | FILE #21879

1 || parties of this action, it does not preclude the dissemination to the Court if accompanies 2 |\by an application to file under seal. Individual employees may waive their right t 3 confidentiality, as set forth in Paragraph 3, and expressly authorize the production o 4 || their personnel files to Plaintiff. 5 9. Confidential Information produced in connection with this Protectiv 6 || Order shall not be disclosed, disseminated, or in any manner provided to the media o 7 |lany member of the public by Plaintiff unless the Court has ruled that the informatio 8 |) may be divulged to the media and the public. 9 10.‘ Plaintiff’s counsel may not disclose directly to the Plaintiff, either oralh 10 || or in writing, the addresses and telephone numbers of any person identified in Orang 11 |!County Sheriff's Department personnel files but may discuss with the Plaintiff th 12 ||information obtained from any investigation conducted as a result of □□□□□□□□ 13 || Confidential Information. Alternatively, Plaintiff’s counsel may show a form of thi 14 || Confidential Information to the Plaintiff so long as the names, addresses, telephon 15 || numbers, and/or any other identifying information of any person have been redacted. 16 11. Inthe event that any Confidential Information is used or referred to durin; 17 |\the course of any court proceeding in this action, such information shall not lose it 18 || confidential status through such use. 19 12. Aside from the litigation or trial of this case, as allowed by the terms of th 20 || Protective Order, Plaintiff, Plaintiff’s counsel, and those individuals authorized t 21 || review the information in connection with this civil matter are expressly prohibited fron 22 |! duplicating, copying or otherwise distributing, disseminating, or orally disclosing am 23 |! of the disclosed Confidential Information to any person or entity for any purpose. 24 13. The court and its personnel and comoel for each party shall take reasonabl 25 |\precautions to prevent the unauthorized or inadvertent disclosure of Confidentia 26 Information, be Court's obligations are established by Court rules and procedures, not protective orders. 27 14. In the event that the terms of this Protective Order are violated or ar 28 || threatened to be violated, the parties agree that the aggrieved party may, pursuant t

1 ||Local Rule 37-1, apply to this Court to obtain injunctive relief and monetary sanction 2 || against any person violating or threatening to violate any of the terms of this Protectiv 3 |/Order. Any such request for injunctive relief and/or monetary sanctions must be mad 4 || by a properly noticed motion and pursuant to statute. 5 15. This Protective Order, and the obligations of all persons thereunder 6 |lincluding those relating to the disclosure and use of Confidential Information, shal 7 survive the final termination of this case, whether such termination is by settlement 8 || judgment, dismissal, appeal or otherwise. Should a party violate the terms of this Order 9 |!the other party may seek relief pursuant to Local Rule 37-1 after the final terminatio: 10 ||of this case, however, the Court of the present action will not retain continuin; 11 || jurisdiction over the Order following the termination of the litigation. 2 Wh /// 13 □□□ 14 /// IS /// 16 /// 7 /// 18 /// 19 /// 21 /// 22 /// /// 24 /// {1 /// /// 27 /// 28 ///

1 16. Upon termination of the instant case, the parties and their counsel shal 2 ||return any and all Confidential Information or information designated as confidential 3 including deposition transcripts, and/or testimony taken at any court proceeding, to th 4 || opposing parties’ attorney of record for this matter, within twenty (20) days followin; 5 termination of this matter. 6 7 THE PARTIES SO STIPULATE. 8 |/Dated: January 13, 2020 } fe 9 gos eo ; é a

10 JENNIFER R. YOUNG u COUNSEL FOR DEFENDANTS

Dated: January 13, 2020 13 /s/ Michael McGill 14 MICHAEL MCGILL Is COUNSEL FOR PLAINTIFF

16 17 18 19 20 21 22 23 24 25 26 27 28 |[

1 || Michael L. Wroniak, Esq. (State Bar No. 210347) 2 ||Jennifer R. Young, Esq. (State Bar No. 318471) COLLINS COLLINS MUIR + STEWART LLP 3 ||750 The City Drive, Ste. 400 NOTE: CHANGES MADE 4 || Orange, CA 92868 BY THE COURT (714) 823-4100 — FAX (714) 823-4101 > ||Email: [email protected] 6 Email: [email protected] 7 || Attorneys for Defendants g || County of Orange, Sheriff Don Barnes, Robert Beaver 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 ASSOCIATION OF ORANGE ) CASE NO. 8:19-cv-01404-JVS-KES 13 COUNTY DEPUTY SHERIFFS, ) Hon. James V. Selna, Dept. 10C 14 ) Plaintiff, ) -PROPOSED} ORDER GRANTING 15 ) STIPULATED PROTECTIVE ORDER 16 V. ) ) 17 || COUNTY OF ORANGE, a municipal _) 1g corporation; DON BARNES, ) Complaint Filed: July 19, 2019 individually and as Sheriff for the ) 19 County of Orange; ROBERT ) Trial Date: December 8, 2020 29 || BEAVER, individually and as a Senior ) Director for the County of Orange; and ) 21 DOES 1 through 10, Inclusive, ) 22 ) Defendants. ) 23 ) 24 25 || [PROPOSED] ORDER 26 7 IT IS ORDERED THAT:

28 The protective order stipulated to by Defendants COUNTY OF ORANGE, COLLINS FILE # 21879

1 BARNES, and ROBERT BEAVER and Plaintiff ASSOCIATION OF ORANGE COUNTY DEPUTY SHERIFFS is granted.

4 5 . 01/21/2020 DATED: Vy . 6 S □ By: 7 HONORABLE KAREN E. SCOTT 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ||