1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 LEE MONTES, ) Case No.: 2:20-cv-468 FMO - RAO 12 ) Hon. Fernando M. Olguin Plaintiff, ) 13 ) vs. ) STIPULATED PROTECTIVE ORDER 14 ) OFFICER DURAN, #673; OFFICER ) 15 RANEER, #664; CITY OF EL ) 16 MONTE; and DOES 1-50, inclusive, ) ) 17 Defendants. ) Complaint Served: January 8, 2020 18 19 20 21 22 23 24 25 26 27 28 1 1. 2 A. Purposes and Limitations 3 Discovery in this action is likely to involve production of confidential, 4 proprietary or private information for which special protection from public disclosure 5 and from use for any purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties – LEE MONTES, CITY OF EL MONTE, OFFICER DURAN, 7 and OFFICER RANEER – hereby stipulate to and petition the Court to enter the 8 following Stipulated Protective Order. The parties acknowledge that this Order does 9 not confer blanket protections on all disclosures or responses to discovery and that the 10 protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the applicable legal 12 principles. 13 B. Good Cause Statement 14 This action is likely to involve confidential and sensitive information for which 15 special protection from public disclosure and from use for any purpose other than 16 prosecution of this action is warranted. Such confidential and proprietary materials and 17 information consist of, among other things, private and personal life details (e.g., 18 telephone numbers, home addresses, the names of family members and other personal 19 information) confidential business or financial information, information regarding 20 confidential law enforcement practices, investigations or prosecutions, other 21 confidential research, development, or information (including information implicating 22 privacy rights of third parties), information otherwise generally unavailable to the 23 public, or which may be privileged or otherwise protected from disclosure under state 24 or federal statutes, court rules, case decisions, or common law. 25 The use of the information ordered to be disclosed from DEFENDANTS 26 OFFICER DURAN’s and OFFICER RANEER’s personnel file with the El Monte 27 Police Department is limited to the parties as designated below. The parties shall not 28 divulge it, either in writing or orally, to anyone except as described below. 1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately protect 3 information the parties are entitled to keep confidential, to ensure that the parties are 4 permitted reasonably necessary uses of such material in preparation for and in the 5 conduct of trial, to address their handling at the end of the litigation, and serve the ends 6 of justice, a protective order for such information is justified in this matter. It is the 7 intent of the parties that information will not be designated as confidential for tactical 8 reasons and that nothing be so designated without a good faith belief that it has been 9 maintained in a confidential, non-public manner, and there is good cause why it should 10 not be part of the public record of this case. 11 C. Acknowledgment of Procedure for Filing Under Seal 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information under 14 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 15 standards that will be applied when a party seeks permission from the court to file 16 material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. Motors 21 Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 22

(E.D. Wis. 1999) (even stipulated protective orders require good 23 cause showing), and a specific showing of good cause or compelling reasons with 24 proper evidentiary support and legal justification, must be made with respect to 25 Protected Material that a party seeks to file under seal. The parties’ mere designation of 26 Disclosure or Discovery Material as CONFIDENTIAL does not— without the 27 submission of competent evidence by declaration, establishing that the material sought 28 1 be filed under seal qualifies as confidential, privileged, or otherwise protectable— 2 ||constitute good cause. 3 Further, if a party requests sealing related to a dispositive motion or trial, then 4 ||compelling reasons, not only good cause, for the sealing must be shown, and the relief 5 sought shall be narrowly tailored to serve the specific interest to be protected. See 6 || Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each item 7 || or type of information, document, or thing sought to be filed or introduced under seal in 8 connection with a dispositive motion or trial, the party seeking protection must 9 || articulate compelling reasons, supported by specific facts and legal justification, for the 10 || requested sealing order. Again, competent evidence supporting the application to file 11 |/documents under seal must be provided by declaration. 12 Any document that is not confidential, privileged, or otherwise protectable in its 13 || entirety will not be filed under seal if the confidential portions can be redacted. If 14 documents can be redacted, then a redacted version for public viewing, omitting only 15 || the confidential, privileged, or otherwise protectable portions of the document, shall be 16 filed. Any application that seeks to file documents under seal in their entirety should 17 ||include an explanation of why redaction is not feasible. 18 DEFINITIONS 19 2.1. Action: Montes v. City of El Monte, et. al. Case Number 2:20-cv-468 20 || FMO-RAO. 21 2.2. Challenging Party: a Party or Non-Party that challenges the designation of 22 ||information or items under this Order. 23 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how 24 is generated, stored or maintained) or tangible things that qualify for protection under 25 || Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 26 || Statement. 27 2.4. Counsel: Outside Counsel of Record and House Counsel (as well as their 28 || support staff).

1 2.5. Designating Party: a Party or Non-Party that designates information or 2 ||/items that it produces in disclosures or in responses to discovery as 3 || “CONFIDENTIAL.” 4 2.6. Disclosure or Discovery Material: all items or information, regardless of 5 ||the medium or manner in which it is generated, stored, or maintained (including, among 6 || other things, testimony, transcripts, and tangible things), that are produced or generated 7 ||1n disclosures or responses to discovery in this matter. 8 2.7. Expert: a person with specialized knowledge or experience in a matter 9 || pertinent to the litigation who has been retained by a Party or its counsel to serve as an 10 ||expert witness or as a consultant in this Action. 11 2.8. House Counsel: attorneys who are employees of a Party to this Action. 12 || House Counsel does not include Outside Counsel of Record or any other outside 13 || counsel. 14 2.9. Non-Party: any natural person, partnership, corporation, association or 15 || other legal entity not named as a Party to this action. 16 2.10. Outside Counsel of Record: attorneys who are not employees of a Party to 17 ||this Action but are retained to represent or advise a Party to this Action and have 18 || appeared in this Action on behalf of that Party or are affiliated with a law firm that has 19 || appeared on behalf of that Party, and includes support staff. 20 2.11. Party: any party to this Action, including all of its officers, directors, 21 ||employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.12. Producing Party: a Party or Non-Party that produces Disclosure or 24 || Discovery Material in this Action. 25 2.13. Professional Vendors: persons or entities that provide litigation support 26 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 ||demonstrations, and organizing, storing, or retrieving data in any form or medium) and 28 employees and subcontractors.

1 2.14. Protected Material: any Disclosure or Discovery Material that is designated 2 “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 4 a Producing Party. 5 SCOPE 6 The protections conferred by this Stipulation and Order cover not only Protected 7 || Material (as defined above), but also (1) any information copied or extracted from 8 || Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 9 || Material; and (3) any testimony, conversations, or presentations by Parties or their 10 Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the trial 12 ||judge. This Order does not govern the use of Protected Material at trial. 13 DURATION 14 Once a case proceeds to trial, information that was designated as 15 |} CONFIDENTIAL or maintained, pursuant to this Protective Order, used or introduced 16 || as an exhibit at trial becomes public and will be presumptively available to all members 17 || of the public, including the press, unless compelling reasons supported by specific 18 || factual findings to proceed otherwise are made to the trial judge in advance of the trial. 19 || See Kamakana,

(distinguishing “good cause” showing for sealing 20 documents produced in discovery from “compelling reasons” standard when merits- 21 ||related documents are part of the court record). Accordingly, the terms of this 22 || Protective Order do not extend beyond the commencement of the trial. 23 DESIGNATING PROTECTED MATERIAL 24 5.1. Exercise of Restraint and Care in Designating Material for Protection. 25 Each Party or Non-Party that designates information or items for protection under this 26 || Order must take care to limit any such designation to specific material that qualifies 27 under the appropriate standards. The Designating Party must designate for protection 28 || only those parts of material, documents, items or oral or written communications that

1 || qualify so that other portions of the material, documents, items or communications for 2 || which protection is not warranted are not swept unjustifiably within the ambit of this 3 || Order. 4 Mass, indiscriminate or routinized designations are prohibited. Designations that 5 shown to be clearly unjustified or that have been made for an improper purpose 6 ||(e.g., to unnecessarily encumber the case development process or to impose 7 unnecessary expenses and burdens on other Parties) may expose the Designating Party 8 || to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it 10 || designated for protection do not qualify for protection, that Designating Party must 11 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 12 5.2. Manner and Timing of Designations. Except as otherwise provided in this 13 || Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 14 |/ordered, Disclosure or Discovery Material that qualifies for protection under this Order 15 || must be clearly so designated before the material is disclosed or produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 || proceedings), that the Producing Party affix at a minimum, the legend 20 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 contains protected material. If only a portion of the material on a page qualifies for 22 || protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 23 making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for 25 ||inspection need not designate them for protection until after the inspecting Party has 26 ||/indicated which documents it would like copied and produced. During the inspection 27 before the designation, all of the material made available for inspection shall be 28 ||deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it

1 || wants copied and produced, the Producing Party must determine which documents, or 2 || portions thereof, qualify for protection under this Order. Then, before producing the 3 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to 4 ||each page that contains Protected Material. If only a portion of the material on a page 5 || qualifies for protection, the Producing Party also must clearly identify the protected 6 || portion(s) (e.g., by making appropriate markings in the margins). 7 (b) for testimony given in depositions, that the Designating Party 8 ||identify the Disclosure or Discovery Material on the record, before the close of the 9 || deposition, all protected testimony. 10 (c) for information produced in some form other than documentary and 11 || for any other tangible items, that the Producing Party affix in a prominent place on the 12 || exterior of the container or containers in which the information is stored the legend 13 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 14 || protection, the Producing Party, to the extent practicable, shall identify the protected 15 || portion(s). 16 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 || failure to designate qualified information or items does not, standing alone, waive the 18 || Designating Party’s right to secure protection under this Order for such material. Upon 19 || timely correction of a designation, the Receiving Party must make reasonable efforts to 20 || assure that the material is treated 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 23 || designation of confidentiality at any time that is consistent with the Court’s Scheduling 24 || Order. 25 6.2. Meet and Confer. The Challenging Party shall initiate the dispute 26 |/resolution process under Local Rule 37.1 et seq. 27 6.3. The burden of persuasion in any such challenge proceeding shall be on the 28 || Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

1 ||to harass or impose unnecessary expenses and burdens on other parties) may expose the 2 ||Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 3 ||the confidentiality designation, all Parties shall continue to afford the material in 4 || question the level of protection to which it is entitled under the Producing Party’s 5 || designation until the Court rules on the challenge. 6 ||7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1. Basic Principles. A Receiving Party may use Protected Material that is 8 || disclosed or produced by another Party or by a Non-Party in connection with this 9 || Action only for prosecuting, defending or attempting to settle this Action. Such 10 || Protected Material may be disclosed only to the categories of persons and under the 11 conditions described in this Order. When the Action has been terminated, a Receiving 12 || Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 || location and in a secure manner that ensures that access is limited to the persons 15 || authorized under this Order. 16 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 17 ||ordered by the Court or permitted in writing by the Designating Party, a Receiving 18 || Party may disclose any information or item designated “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 20 || well as employees of said Outside Counsel of Record to whom it is reasonably 21 necessary to disclose the information for this Action; 22 (b) □□□ officers, directors, and employees (including House Counsel) of 23 ||the Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 || disclosure is reasonably necessary for this Action and who have signed the 26 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the Court and its personnel; 28 (e) court reporters and their staff;

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in 7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 9 not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 11 by the Designating Party or ordered by the Court. Pages of transcribed deposition 12 testimony or exhibits to depositions that reveal Protected Material may be separately 13 bound by the court reporter and may not be disclosed to anyone except as permitted 14 under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the Parties engaged in settlement discussions. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 18 IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation that 20 compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification 23 shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or 25 order to issue in the other litigation that some or all of the material covered by the 26 subpoena or order is subject to this Protective Order. Such notification shall include a 27 copy of this Stipulated Protective Order; and 28 1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with the 4 subpoena or court order shall not produce any information designated in this action as 5 “CONFIDENTIAL” before a determination by the court from which the subpoena or 6 order issued, unless the Party has obtained the Designating Party’s permission. The 7 Designating Party shall bear the burden and expense of seeking protection in that court 8 of its confidential material and nothing in these provisions should be construed as 9 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 10 directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the remedies 16 and relief provided by this Order. Nothing in these provisions should be construed as 17 prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 21 information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non- 23 Party that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 1 (3) make the information requested available for inspection by 2 the Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this Court 4 within 14 days of receiving the notice and accompanying information, the Receiving 5 Party may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 7 produce any information in its possession or control that is subject to the confidentiality 8 agreement with the Non-Party before a determination by the Court. Absent a court 9 order to the contrary, the Non-Party shall bear the burden and expense of seeking 10 protection in this Court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 15 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 16 all unauthorized copies of the Protected Material, (c) inform the person or persons to 17 whom unauthorized disclosures were made of all the terms of this Order, and 18 (d) request such person or persons to execute the “Acknowledgment and Agreement to 19 Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, the 24 obligations of the Receiving Parties are those set forth in Federal Rules of Civil 25 Procedure, rule 26(b)(5)(B). This provision is not intended to modify whatever 26 procedure may be established in an e-discovery order that provides for production 27 without prior privilege review. Pursuant to Federal Rules of Evidence, rules 502(d) and 28 (e), insofar as the Parties reach an agreement on the effect of disclosure of a 1 |}communication or information covered by the attorney-client privilege or work product 2 || protection, the Parties may incorporate their agreement in the Stipulated Protective 3 || Order submitted to the Court. MISCELLANEOUS 5 12.1. Right to Further Relief. Nothing in this Order abridges the right of any 6 || person to seek its modification by the Court in the future. 7 12.2. Right to Assert Other Objections. By stipulating to the entry of this 8 || Protective Order, no Party waives any right it otherwise would have to object to 9 || disclosing or producing any information or item on any ground not addressed in this 10 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 || ground to use in evidence of any of the material covered by this Protective Order. 12 12.3. Filing Protected Material. A Party that seeks to file under seal any 13 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 14 be filed under seal pursuant to a court order authorizing the sealing of the specific 15 || Protected Material at issue. If a Party’s request to file Protected Material under seal is 16 || denied by the court, then the Receiving Party may file the information in the public 17 ||record unless otherwise instructed by the court. 18 |}13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 60 20 || days of a written request by the Designating Party, each Receiving Party must return all 21 || Protected Material to the Producing Party or destroy such material. As used in this 22 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 ||summaries, and any other format reproducing or capturing any of the Protected 24 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party 25 submit a written certification to the Producing Party (and, if not the same person 26 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 27 ||category, where appropriate) all the Protected Material that was returned or destroyed 28 || and (2) affirms that the Receiving Party has not retained any copies, abstracts,

1 || compilations, summaries or any other format reproducing or capturing any of the 2 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 3 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 4 || legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 5 || work product, and consultant and expert work product, even if such materials contain 6 || Protected Material. Any such archival copies that contain or constitute Protected 7 || Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 8 1/14. VIOLATION 9 Any violation of this Order may be punished by appropriate measures including, 10 || without limitation, contempt proceedings and/or monetary sanctions. 11 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 Dated: April 14. 2020 THE LAW OFFICES Of 14 KEVIN S. CONLOGUE 15 16 By:__/s/Kevin S. Conlogue Kevin S. Conlogue 17 Attorneys for Plaintiff, LEE MONTES 18 Dated: April 14, 2020 OLIVAREZ MADRUGA LEMIEUX 19 O’NEILL, LLP 20 21 By:__/s/ Brent J. Lehman Brent J. Lehman 22 Attorneys for Defendants, OFFICER DURAN, 3 OFFICER RANEER, and CITY OF EL MONTE 24 ORDER 25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 . 27 || Dated: April 14, 2020 Ray Or. □ Hon. Rozella A. Oliver 28 Magistrate Judge of the United States District Court