1 || LEWIS BRISBOIS BISGAARD & SMITH LLP ARTHUR K. CUNNINGHAM, SB# 97506 E-Mail: Arthur, Cunningham @lewisbrisbois.com KAYLEIGH A. ANDERSEN, SB# 306442 3|| E-Mail: Kayleigh. □□□□□□□□□□□□□□□□□□□□□□□□□□ 650 East Hospitality Lane, Suite 600 4||San Bernardino, California 92408 Telephone: 909.387.1130 5 || Facsimile: 909.387.1138 6 Attorneys for Defendants COUNTY OF SAN BERNARDINO, SHERIFF JOHN 7 || MCMAHON and PAUL WYNN 8 || SKAPIK LAW GROUP Mark J. Skapik (SBN 164957) 9 Email: mskapik skapikclaw.com Geralyn L. Skapik (SBN 145055) 10 Email: gskapik skapiklaw com Blair J. Berkley (S N 222293) 11 Email: bber ley @skapiklaw.com 5861 Pine Avenue, Suite A-1 12 || Chino Hills, California 91709 Telephone: (909) 398-4404 13 ||Facsimile: (909) 398-1883 14 || Attorneys for Plaintiffs 15 16 UNITED STATES DISTRICT COURT

4 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 1 18 ESTATE OF ROBERT V. SUTTON, CASE NO. 5:20-CV-00433-JGB (KKx) etc., et al., STIPULATED PROTECTIVE 20 Plaintiffs, ORDER 21 VS. Trial Date: None Set 22 COUNTY OF SAN BERNARDINO, et al., 23 Defendants. 24 25111. A. PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidentia 27|| proprietary, or private information for which special protection from publi disclosure and from use for any purpose other than prosecuting this litigation ma

1|| be warranted. Accordingly, the parties hereby stipulate to and petition the Court 1 2|| enter the following Stipulated Protective Order. The parties acknowledge that th 3|| Order does not confer blanket protections on all disclosures or responses | 4|| discovery and that the protection it affords from public disclosure and use exten 5|| only to the limited information or items that are entitled to confidential treatme: 6|| under the applicable legal principles. The parties further acknowledge, as set forth 1 7|| Section 12.3, below, that this Stipulated Protective Order does not entitle them 1 || file confidential information under seal; Civil Local Rule 79-5 sets forth tl 9 || procedures that must be followed and the standards that will be applied when a par 10 || seeks permission from the court to file material under seal. 11 12 B. GOOD CAUSE STATEMENT 13 This action involves a claim of, inter alia, wrongful death of a jail inmate. TI 14|| defendants are peace officers. This includes information contained in polic 15|| personnel records, particularly, an internal investigation into an incident involvin 16|| plaintiffs’ decedent occurring at a County jail facility. Additionally, jail records ma 17|| be disclosed, as well as documents reflecting the layout, policies, □□□□□□□□□□□ || schedules, or other operational details of the jail, and defendants contend that thes 19|| certain sensitive jail and personnel records warrant special protection from publi 20|| disclosure and from use for any purpose other than prosecution of this □□□□□□ 21|| Certain confidential and proprietary materials and information consist of, amon 22|| other things, confidential employment and personnel information relating to a peac 23|| officer which may be privileged or otherwise protected from disclosure unds 24|| state or federal statutes, court rules, case decisions, or common law. Certai 25|| images of the decedent and certain medical or psychiatric/psychological « 26|| educational records of decedent may also be afforded confidential handling to avoi 27|| public disclosure of privileged information. 28 Accordingly, to expedite the flow of information, to facilitate the prom]

1|| resolution of disputes over confidentiality of discovery materials, to adequatel protect information the parties are entitled to keep confidential, to ensure that th 3|| parties are permitted reasonable necessary uses of such material in preparation fc 4\| and in the conduct of trial, to address their handling at the end of the litigation, an 5|| serve the ends of justice, a protective order for such information is justified in th: 6|| matter. It is the intent of the parties that information will not be designated < 7\| confidential for tactical reasons and that nothing be so designated without a goo faith belief that it has been maintained in a confidential, non-public manner, an 9|| there is good cause why it should not be part of the public record of this case. 10 i C. ACKNOWLEDGMENT OF UNDER SEAL FILING 12 PROCEDURE 13 The parties further acknowledge, as set forth below, that this Stipulated 14 Protective Order does not entitle them to file confidential information under Is seal: Local Civil Rule 79-5 sets forth the procedures that must be followed and 16 the standards that will be applied when a party seeks permission from the court to file material under seal. There is a strong presumption that the public has a 18 right of access to judicial proceedings and records in civil cases. In connection 19 with non-dispositive motions, good cause must be shown to support a filing 20 under seal. See Kamakana v. City and County of Honolulu,

, 21 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp.,

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

, 577 23 (E.D. Wis. 1999) (even stipulated protective orders require good cause 24 showing), and a specific showing of good cause or compelling reasons with 2s proper evidentiary support and legal justification, must be made with respect to 26 Protected Material that a party seeks to file under seal. The parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL does

1 || not— without the submission of competent evidence by declaration, 2 || establishing that the material sought to be filed under seal qualifies as 3 || confidential, privileged, or otherwise protectable—constitute good cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, 5 || then compelling reasons, not only good cause, for the sealing must be shown, 6 || and the relief sought shall be narrowly tailored to serve the specific interest to be || protected. See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 8 || 2010). For each item or type of information, document, or thing sought to be || filed or introduced under seal, the party seeking protection must articulate 10 || compelling reasons, supported by specific facts and legal justification, for the 11 || requested sealing order. Again, competent evidence supporting the application 12 || to file documents under seal must be provided by declaration. 13 Any document that is not confidential, privileged, or otherwise 14 || protectable in its entirety will not be filed under seal if the confidential portions 15 || can be redacted. If documents can be redacted, then a redacted version for 16 || public viewing, omitting only the confidential, privileged, or otherwise 17|| protectable portions of the document, shall be filed. Any application that seeks 18 || to file documents under seal in their entirety should include an explanation of 19 | why redaction is not feasible. 20 21|| 2. DEFINITIONS 22 2.1. Action: The above-identified federal lawsuit. 23 2.2 Challenging Party: a Party or Non-Party that challenges the designatio of information or items under this Order. 25 23 “CONFIDENTIAL” Information or Items: information (regardless « how it is generated, stored or maintained) or tangible things that qualify fc 27 protection under Federal Rule of Civil Procedure 26(c), and as specified above i = 8

1|| the Good Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well □ || their support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information □ 5|l items that it produces in disclosures or in responses to discovery < 6 || “CONFIDENTIAL.” 7 9.6 Disclosure or Discovery Material: all items or information, regardless « || the medium or manner in which it is generated, stored, or maintained (includin; 9|| among other things, testimony, transcripts, and tangible things), that are produced « generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matte 12|| pertinent to the litigation who has been retained by a Party or its counsel to serve ¢ 13 || an expert witness or as a consultant in this Action, and their staff. 14 2.8 Non-Party: any natural person, partnership, corporation, association, ¢ other legal entity not named as a Party to this action. 16 2.8.1 House Counsel: attorneys who are employees of a party to this Actiot 17|| House Counsel does not include Outside Counsel of Record or any other outsid 18 || counsel. 19 2.9 Outside Counsel of Record: attorneys who are not employees of 20|| party to this Action but are retained to represent or advise a party to this Action an 21|| have appeared in this Action on behalf of that party or are affiliated with a law firr || which has appeared on behalf of that party, and includes support staff. 23 2.10 Party: any party to this Action, including all of its officers, director: 24|| employees, consultants, retained experts, and Outside Counsel of Record (and the: || support staffs). 26 2.11 Producing Party: a Party or Non-Party that produces Disclosure c 27|| Discovery Material in this Action. 28 2.12 Professional Vendors: persons or entities that provide litigation □□□□□□

1|| services (e.g., photocopying, videotaping, translating, preparing exhibits 2|| demonstrations, and organizing, storing, or retrieving data in any form or mediun 3|| and trial or jury consulting) to Counsel, and their employees and subcontractors. 4 2.13 Protected Material: any Disclosure or Discovery Material that - 5|| designated as “CONFIDENTIAL.” 6 2.14 Receiving Party: a Party that receives Disclosure or Discovery Materi: 7\| from a Producing Party. 8 . 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not onl 11|| Protected Material (as defined above), but also (1) any information copied « 12|| extracted from Protected Material; (2) all copies, excerpts, summaries, < compilations of Protected Material; and (3) any testimony, conversations, ¢ presentations by Parties or their Counsel that might reveal Protected Material. An 15|| use of Protected Material at trial shall be governed by the orders of the trial □□□□□ 16|| This Order does not govern the use of Protected Material at trial. 17 4. DURATION 19 20 Once a case proceeds to trial, information that was designated as 21 || CONFIDENTIAL or maintained pursuant to this protective order used or 22 || introduced as an exhibit at trial becomes public and will be presumptively 23 || available to all members of the public, including the press, unless compelling 24 || reasons supported by specific factual findings to proceed otherwise are made to 25 || the trial judge in advance of the trial. See Kamakana,

-31 26 || (distinguishing “good cause” showing for sealing documents produced in 27 || discovery from “compelling reasons” standard when merits-related documents = (28

1 || are part of court record), Accordingly, the terms of this protective order do not 2 ||extend beyond the commencement of the trial as to such information. ; 4|| 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for □□□□□□□□□□ 6||Each Party or Non-Party that designates information or items for protection und 7\|this Order must take care to limit any such designation to specific material thi 8 || qualifies under the appropriate standards. The Designating Party must designate fc 9|| protection only those parts of material, documents, items, or oral or writte 10 || communications that qualify so that other portions of the material, documents, item 11 || or communications for which protection is not warranted are not swept □□□□□□□□□□□□ 12 || within the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designatior 14|| that are shown to be clearly unjustified or that have been made for an improps purpose (e.g., to unnecessarily encumber the case development process or to impos 16|| unnecessary expenses and burdens on other parties) may expose the Designatin || Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that || designated for protection do not qualify for protection, that Designating Party mus promptly notify all other Parties that it is withdrawing the inapplicable designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided i 22|| this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwis stipulated or ordered, Disclosure or Discovery Material that qualifies for protectio 24|| under this Order must be clearly so designated before the material is disclosed o || produced. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic documents || but excluding transcripts of depositions or other pretrial or trial proceedings), the

1|| the Producing Party affix at a minimum, the legend “CONFIDENTIAL” □□□□□□□□□□□ 2|| “CONFIDENTIAL legend”), to each page that contains protected material. . only a portion or portions of the material on a page qualifies for protection, th 4|| Producing Party also must clearly identify the protected portion(s) (e.g., by makin || appropriate markings in the margins). 6 A Party or Non-Party that makes original documents available for inspectio 7\| need not designate them for protection until after the inspecting Party has indicate which documents it would like copied and produced. During the inspection an 9|| before the designation, all of the material made available for inspection shall t 10|| deemed “CONFIDENTIAL.” After the inspecting Party has identified th || documents it wants copied and produced, the Producing Party must determine whic 12|| documents, or portions thereof, qualify for protection under this Order. Then, befo: producing the specified documents, the Producing Party must affix th 14|| “CONFIDENTIAL legend” to each page that contains Protected Material. If only 15|| portion or portions of the material on a page qualifies for protection, the Producin 16|| Party also must clearly identify the protected portion(s) (¢.g., by making appropriat || markings in the margins). 18 (b) for testimony given in depositions that the Designating Party identify th 19 || Disclosure or Discovery Material on the record, before the close of the deposition a || protected testimony. 21 (c) for information produced in some form other than documentary and fc || any other tangible items, that the Producing Party affix in a prominent place on th exterior of the container or containers in which the information is stored th 24|| legend “CONFIDENTIAL.” If only a portion or portions of the informatio 25|| warrants protection, the Producing Party, to the extent practicable, shall identify th 26 || protected portion(s). 27 5.3 Inadvertent Failures to Designate. If timely corrected, an inadverter

failure to designate qualified information or items does not, standing alone, waiv

1|| the Designating Party’s right to secure protection under this Order for such materia Upon timely correction of a designation, the Receiving Party must make reasonabl efforts to assure that the material is treated in accordance with the provisions of th 4}; Order. 6|| 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 6.1 Timing of Challenges. Any Party or Non-Party may challenge 8|| designation of confidentiality at any time that is consistent with the Court’ 9 || Scheduling Order. 10 6.2 Meet and Confer. The Challenging Party shall initiate the disput || resolution process under Local Rule 37-1 et seq. 12 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via 13 || joint stipulation pursuant to Local Rule 37-2. 14 6.4 The burden of persuasion in any such challenge proceeding shall be o 15|| the Designating Party. Frivolous challenges, and those made for an imprope 16|| purpose (e.g., to harass or impose unnecessary expenses and burdens on othe 17|| parties) may expose the Challenging Party to sanctions. Unless □ th |] Designating Party has waived or withdrawn the confidentiality designation, a || parties shall continue to afford the material in question the level of protection t || which it is entitled under the Producing Party’s designation until the Court rules o: □□ the challenge. 22 23|| 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1. Basic Principles. A Receiving Party may use Protected Material that 1 25|| disclosed or produced by another Party or by a Non-Party in connection with thi 26|| Action only for prosecuting, defending, or attempting to settle this Action. Suc 27|| Protected Material may be disclosed only to the categories of persons and under th

wi «(28 conditions described in this Order. When the Action has been terminated,

1|| Receiving Party must comply with the provisions of section 13 below (FINA || DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at location and in a secure manner that ensures that access is limited to the persor □□ authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unles otherwise ordered by the court or permitted in writing by the Designating Party, 8|| Receiving Party may disclose any information or item designate 9 || “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, □ 11|| well as employees of said Outside Counsel of Record to whom it is reasonabl || necessary to disclose the information for this Action; 13 (b) _ the officers, directors, and employees (including House Counsel) of th 14|] Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whot 16|| disclosure is reasonably necessary for this Action and who have signed th 17|| “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and deposition videographers and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professioné Vendors to whom disclosure is reasonably necessary for this Action and who hav || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in th 26 || Action to whom disclosure is reasonably necessary provided: (1) the deposing part requests that the witness sign the form attached as Exhibit A hereto; and (2) they wi

not be permitted to keep any confidential information unless they sign th

1|| “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwis agreed by the Designating Party or ordered by the court. Pages of transcribe 3|| deposition testimony or exhibits to depositions that reveal Protected Material me 4\| be separately bound by the court reporter and may not be disclosed to anyone exce] || as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personne mutually agreed upon by any of the parties engaged in settlement discussions. 9{| 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED I || OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigatic that compels disclosure of any information or items designated in this Action < 13 || “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notificatio 15]| shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or orde to issue in the other litigation that some or all of the material covered by th 18 |] subpoena or order is subject to this Protective Order. Such notification shall includ □□ acopy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursue 21|| by the Designating Party whose Protected Material may be affected. If th 22|| Designating Party timely seeks a protective order, the Party served with th || subpoena or court order shall not produce any information designated in this actio 24|| as “CONFIDENTIAL” before a determination by the court from which th 25|| subpoena or order issued, unless the Party has obtained the Designating Party’ 26|| permission. The Designating Party shall bear the burden and expense ¢ 27|| seeking protection in that court of its confidential material and nothing in thes

provisions should be construed as authorizing or encouraging a Receiving Party i

1|| this Action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT □□□□□□ 4|| PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by 6|| Non-Party in this Action and designated as “CONFIDENTIAL.” Such informatio produced by Non-Parties in connection with this litigation is protected by th 8|| remedies and relief provided by this Order. Nothing in these provisions should b 9 || construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, t 11 || produce a Non-Party’s confidential information in its possession, and the Party | || subject to an agreement with the Non-Party not to produce the Non-Party’ 13 || confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party the 15|| some or all of the information requested is subject to a confidentiality □□□□□□□□ 16 || with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated Protectiv || Order in this Action, the relevant discovery request(s), and a reasonably specifi || description of the information requested; and 20 (3) make the information requested available for inspection by the Nor || Party, if requested. 22 (c) Ifthe Non-Party fails to seek a protective order from this court within 1. 23|| days of receiving the notice and accompanying information, the Receiving Part || may produce the Non-Party’s confidential information responsive to the discover 25|| request. If the Non-Party timely seeks a protective order, the Receiving Part 26 || shall not produce any information in its possession or control that is subject to th 27\|| confidentiality agreement with the Non-Party before a determination by the cour

Absent a court order to the contrary, the Non-Party shall bear the burden an

1|| expense of seeking protection in this court of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclose Protected Material to any person or in any circumstance not authorized under thi 6|| Stipulated Protective Order, the Receiving Party must immediately (a) notify 1 7\|| writing the Designating Party of the unauthorized disclosures, (b) use its best effor || to retrieve all unauthorized copies of the Protected Material, (c) inform the person « 9|| persons to whom unauthorized disclosures were made of all the terms of this Orde and (d) request such person or persons to execute the “Acknowledgment an 11|| Agreement to Be Bound” that is attached hereto as Exhibit A. 12 13|| 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWIS. 14|| PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certai || inadvertently produced material is subject to a claim of privilege or other □□□□□□□□□□ 17|| the obligations of the Receiving Parties are those set forth in Federal Rule of Civ 18 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedur 19|| may be established in an e-discovery order that provides for production without pric privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as th parties reach an agreement on the effect of disclosure of a communication c || information covered by the attorney-client privilege or work product protection, th 23|| parties may incorporate their agreement in the stipulated protective order submitte || to the court. 25 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of an person to seek its modification by the Court in the future.

1 12.2 Right to Assert Other Objections. By stipulating to the entry of th 2|| Protective Order no Party waives any right it otherwise would have to object 1 31] disclosing or producing any information or item on any ground not addressed in th 4|| Stipulated Protective Order. Similarly, no Party waives any right to object on ar 5|| ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal ar 7\| Protected Material must comply with Civil Local Rule 79-5. Protected Material mz 8|| only be filed under seal pursuant to a court order authorizing the sealing of tl 9|| specific Protected Material If a Party's request to file Protected Material under se 10|| is denied by the court, then the Receiving Party may file the information in tt 11 || public record unless otherwise instructed by the.court. 12 13. FINAL DISPOSITION 14 After the final disposition of this Action, as defined in paragraph 4, within 6 15/|| days of a written request by the Designating Party, each Receiving Party must retur 16|| all Protected Material to the Producing Party or destroy such material. As used 1 17|| this subdivision, “all Protected Material” includes all copies, abstracts, compilation 18 || summaries, and any other format reproducing or capturing any of the Protecte 19|| Material. | Whether the Protected Material is returned or destroyed, th 20|| Receiving Party must submit a written certification to the Producing Party (and, □ not the same person or entity, to the Designating Party) by the 60 day deadline th 22|| (1) identifies (by category, where appropriate) all the Protected Material that we || returned or destroyed and (2) affirms that the Receiving Party has not retained an 24|| copies, abstracts, compilations, summaries or any other format reproducing 25|| capturing any of the Protected Material. Notwithstanding this provision, □□□□□□ 26|| are entitled to retain an archival copy of all pleadings, motion papers, tria 27|| deposition, and hearing transcripts, legal memoranda, correspondence, depositio and trial exhibits, expert reports, attorney work product, and consultant and expe:

|| work product, even if such materials contain Protected Material. Any such archiv 2|| copies that contain or constitute Protected Material remain subject to th Protective Order as set forth in Section 4 (DURATION). 5|| 14. Any violation of this Order may be punished by any and all appropria

6|| measures including, without limitation, contempt proceedings and/or □□□□□□□ || sanctions. 9 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 DATED: Junel§_, 2020 SKAPIK LAW GROUP

13 ~ CoA , 14 By: Geralyn Skap? 15 Attorneys for Plaintiffs 16 171! DATED: June 18, 2020 LEWIS BRISBOIS BISGAARD & SMITH LLP 18 19 By: /s/ Kayleigh A. Andersen 20 Arthur K. Cunningham 31 Kayleigh A. Andersen Attorneys for Defendants 22 23 24 25 26 27 (38

1 ATTESTATION 2 All other signatories listed, and on whose behalf the filing is submitted, concu 3|| in the filing’s content and have authorized the filing. || DATED: June 18, 2020 LEWIS BRISBOIS BISGAARD & SMITH LLP 7 By: /s/ Kayleigh A. Andersen 8 Arthur K. Cunningham Kayleigh A. Andersen 9 Attorneys for Defendants 10 11 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 12 13 WA- □ 14)| DATED: 6/19/20 al vy 15 Hon. Kenly Kiya 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, [print or type full name], « 5 [print or type full address], declare unde penalty of perjury that I have read in its entirety and understand the Stipulate 7||Protective Order that was issued by the United States District Court for the Centr: § || District of California on in the case of ESTATE OF ROBERT \ 9 || SUTTON, et al. vs. COUNTY OF SAN BERNARDINO, et al., Case No. 5:20-CV 10 || 00433-JGB (KKx). I agree to comply with and to be bound by all the terms of thi Stipulated Protective Order and I understand and acknowledge that failure to s -12||comply could expose me to sanctions and punishment in the nature of contempt. 13 || solemnly promise that I will not disclose in any manner any information or item thi 14 |lis subject to this Stipulated Protective Order to any person or entity except in stric 15 || compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Cou 17|| for the Central District of California for the purpose of enforcing the terms of thi 18 || Stipulated Protective Order, even if such enforcement proceedings occur afte 19 ||termination of this action. I hereby appoint [prir 20 || or type full name] of [print or typ || full address and telephone number] as my California agent for service of process 1 22||connection with this action or any proceedings related to enforcement of thi 23 || Stipulated Protective Order. 24|| Date: 25 || City and State where sworn and signed: 26 || Printed name: 27 28 Signature:

1 FEDERAL COURT PROOF OF SERVICE 2||SUTTON vs COUNTY OF SAN BERD - Case No. 5:20-CV-00433-JGB 3 STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO 4 At the time of service, I was over 18 years of age and not a party to the action. 5 || My business address is 650 East Hospitality Lane, Suite 600, San Bernardino, CA 92408. Iam employed in the office of a member of the bar of this Court at whose 6 || direction the service was made. 7 On June 18, 2020, I served the following document(s): STIPULATED PROTECTIVE ORDER 8 I served the documents on the following persons at the following addresses 9 || (including fax numbers and e-mail addresses, 1f applicable): 10 SEE ATTACHED SERVICE LIST 11 The documents were served by the following means: 12 (By COURT’S CM/ECF SYSTEM) Pursuant to Local Rule, I electronically iled the documents with the Clerk of the Court using the CM/ECE system, 13 which sent notification of that filmg to the persons listed above. 14 Ideclare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. 15 Executed on June 18, 2020, at San Bernardino, California. 16 7 Canale Wuochas 18 Carah Woodside 19 20 21 22 23 24 25 26 27 28

1 SERVICE LIST SUTTON vs COUNTY OF SAN BERNARDINO 2 5:20-CV-00433-JGB (KKx)

3 Mark J. Skapik, Esquire Attorneys for Plaintiffs [email protected] ESTATE OF ROBERT V. SUTTON, 4 Geralyn L. Skapik, Esquire by and through Montray Wilson; [email protected] MONTRAY WILSON, SHARRON 5 Blair J. Berkley, Esquire SUTTON and JOYCE EDMOND [email protected] 6 SKAPIK LAW GROUP 5861 Pine Avenue, Suite A-1 7 Chino Hills, California 91709 909-398-4404 8 909-398-1883 (facsimile) 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27