1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 CENTRAL DISTRICT OF CALIFORNIA 11 MARIA SALAS, NOEL SALAZAR, Case No.: 2:20-cv-11422 and M.J.S. minor, by and through 12 his Guardian Ad Litem , MARY STIPULATION RE: PROTECTIVE 13 ANN D’AMBRA, ORDER 14 Plaintiffs, 15 [DISCOVERY DOCUMENT; v. REFERRED TO MAGISTRATE 16 JUDGE ] 17 CITY OF GARDEN GROVE, DOES 1 THROUGH 10, 18 INCLUSIVE, 19 Defendants. 20 21 22 23 24 25 26 27 1 Plaintiffs MARIA SALAS, NOEL SALAZAR, and M.J.S. minor, by and 2 through his Guardian Ad Litem, MARY ANN D’AMBRA and Defendant CITY OF 3 GARDEN GROVE, a public entity, by and through their respective counsel, hereby 4 stipulate and agree as follows: 5 1. PURPOSES AND LIMITATIONS 6 Discovery in this action is likely to involve production of confidential, proprietary or private information for which special protection from public 7 disclosure and from use for any purpose other than prosecuting this litigation may 8 be warranted. 9 Accordingly, the parties hereby stipulate to and petition the Court to enter the 10 following Stipulated Protective Order. The parties acknowledge that this Order does 11 not confer blanket protections on all disclosures or responses to discovery and that 12 the protection it affords from public disclosure and use extends only to the limited 13 information or items that are entitled to confidential treatment under the applicable 14 legal principles. 15 The parties further acknowledge, as set forth in Section 12.3, below, that this 16 Stipulated Protective Order does not automatically entitle them to file confidential 17 information under seal and that Local Civil Rule 79-5 sets forth the procedures that 18 must be followed and the standards that will be applied when a party seeks 19 permission from the Court to file material under seal. The parties agree that this 20 protective order does not waive the parties’ rights to object to discovery demands or 21 requests for documents and/or information. 22 2. DEFINITIONS 23 2.1 Action: Salas et al. v. City of Garden Grove, et al. 2:20-cv-11422 24 2.2 Challenging Party: A Party or Non-Party that challenges the 25 designation of information or items under this Order. 26 2.3 “CONFIDENTIAL” Information or Items: Information (regardless 27 of how it is generated, stored or maintained) or tangible things that a Designating Party believes is entitled to confidential treatment under Federal Rule of Civil 1 Procedure 26(c), and as specified above in the Purposes and Limitations Statement. 2 This also includes (1) any information copied or extracted from the Confidential 3 information; (2) all copies, excerpts, summaries, abstracts or compilations of 4 Confidential information; and (3) any testimony, conversations, or presentations that 5 might reveal Confidential information. 6 2.4 Counsel: Counsel of record for the parties to this civil litigation and their support staff. 7 2.5 Designating Party: A Party or Non-Party that designates information 8 or items that it produces in disclosures or in responses to discovery as 9 “CONFIDENTIAL.” 10 2.6 Disclosure or Discovery Material: All items or information, regardless 11 of the medium or manner in which it is generated, stored, or maintained (including, 12 among other things, testimony, transcripts, and tangible things), that are produced or 13 generated in disclosures or responses to discovery in this matter. 14 2.7 Expert: A person with specialized knowledge or experience in a matter 15 pertinent to the litigation who has been retained by a Party or its counsel to serve as 16 an expert witness or as a consultant in this Action. 17 2.8 Final Disposition: When this Action has been fully and completely 18 terminated by way of settlement, dismissal, trial and/or appeal. 19 2.9 House Counsel: Attorneys other than Counsel (as defined in paragraph 20 2.4) and who are employees of a party to this Action. 21 2.10 Non-Party: Any natural person, partnership, corporation, association 22 or other legal entity not named as a Party to this action. 23 2.11 Outside Counsel of Record: Attorneys who are not employees of a 24 party to this Action but are retained to represent or advise a party to this Action and 25 have appeared in this Action on behalf of that party or are affiliated with a law firm 26 that has appeared on behalf of that party, and includes support staff. 27 1 2.12 Party: Any party to this Action, including all of its officers, directors, 2 boards, departments, divisions, employees, consultants, retained experts, and 3 Outside Counsel of Record (and their support staffs). 4 2.13 Producing Party: A Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 6 2.14 Professional Vendors: Persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.15 Protected Material: Any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL.” 11 2.16 Receiving Party: A Party that receives Disclosure or Discovery 12 Material from a Producing Party. 13 3. SCOPE 14 The protections conferred by this Stipulation and Order cover not only 15 Protected Material (as defined above), but also (1) any information copied or 16 extracted from Protected Material; (2) all copies, excerpts, abstracts, summaries, or 17 compilations of Protected Material; and (3) any deposition testimony, conversations, 18 or presentations by Parties or their Counsel that might reveal Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 trial judge. This Order does not govern the use of Protected Material at trial. 21 4. DURATION 22 Once a trial commences in this Action, information that was designated as 23 CONFIDENTIAL or maintained pursuant to this protective order and that is 24 introduced or admitted as an exhibit at trial becomes public and will be 25 presumptively available to all members of the public, including the press, unless 26 compelling reasons supported by specific factual findings to proceed otherwise are 27 made to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 1 showing for sealing documents produced in discovery from “compelling reasons” 2 standard when merits-related documents are part of court record). Accordingly, the 3 terms of this protective order do not extend beyond the commencement of the trial 4 as to the CONFIDENTIAL information and materials introduced or admitted as an 5 exhibit at trial. 6 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for 7 Protection. 8 Each Party or Non-Party that designates information or items for protection 9 under this Order must take care to limit any such designation to specific material 10 that qualifies under the appropriate standards. The Designating Party must designate 11 for protection only those parts of material, documents, items or oral or written 12 communications that qualify so that other portions of the material, documents, items 13 or communications for which protection is not warranted are not swept unjustifiably 14 within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating 19 Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection, that Designating Party must 22 promptly notify all other Parties that it is withdrawing the inapplicable designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided 24 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 25 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 26 under this Order must be clearly so designated before the material is disclosed or 27 produced. Designation in conformity with this Order requires: 1 (a) for information in documentary form (e.g., paper or electronic documents, 2 but excluding transcripts of depositions or other pretrial or trial proceedings), that 3 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or words of 4 a similar effect, and that includes the case name and case number (hereinafter 5 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 6 portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed 13 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 14 wants copied and produced, the Producing Party must determine which documents, 15 or portions thereof, qualify for protection under this Order. Then, before producing 16 the specified documents, the Producing Party must affix the “CONFIDENTIAL 17 legend” to each page that contains Protected Material. If only a portion of the 18 material on a page qualifies for protection, the Producing Party also must clearly 19 identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins). 21 (b) for testimony given in depositions that the Designating Party identifies the 22 Disclosure or Discovery Material on the record, before the close of the deposition all 23 protected testimony. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the 26 exterior of the container or containers in which the information is stored the legend 27 1 “CONFIDENTIAL.” If only a portion or portions of the information warrants 2 protection, the Producing Party, to the extent practicable, shall identify the protected 3 portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the Designating Party’s right to secure protection under this Order for such material. Upon timely correction of an inadvertent failure to designate, the Receiving Party 7 must make reasonable efforts to assure that the material is treated in accordance 8 with the provisions of this Order. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 11 designation of confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 14 resolution process under Local Rule 37.1 et seq. 15 6.3 The burden of persuasion in any such challenge proceeding shall be on 16 the Designating Party. Frivolous challenges, and those made for an improper 17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 parties) may expose the Challenging Party to sanctions. Unless the Designating 19 Party has waived or withdrawn the confidentiality designation, all parties shall 20 continue to afford the material in question the level of protection to which it is 21 entitled under the Producing Party’s designation until the Court rules on the 22 challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the Action has been terminated, a 1 Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a 7 Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Counsel of Record in this Action, as well as 10 employees of said Counsel of Record to whom it is reasonably necessary to disclose 11 the information for this Action; 12 (b) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (c) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors 19 to whom disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in the 24 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 25 requests that the witness sign the form attached as Exhibit “A” hereto; and (2) they 26 will not be permitted to keep any confidential information unless they sign the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit “A”), unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 1 deposition testimony or exhibits to depositions that reveal Protected Material may 2 be separately bound by the court reporter and may not be disclosed to anyone except 3 as permitted under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, 5 mutually agreed upon by any of the parties engaged in settlement discussions and 6 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 7.3. Counsel making the disclosure to any qualified person described herein 7 shall retain the original executed copy of the Nondisclosure Agreement until sixty 8 (60) days after this litigation has become final, including any appellate review, and 9 monitoring of an injunction. Counsel for the Receiving Party shall maintain all 10 signed Nondisclosure Agreements and shall produce the original signature page 11 upon reasonable written notice from opposing counsel. If an issue arises regarding a 12 purported unauthorized disclosure of Confidential Information, upon noticed motion 13 of contempt filed by the Designating Party, counsel for the Receiving Party may be 14 required to file the signed Nondisclosure Agreements, as well as a list of the 15 disclosed materials, in camera with the Court having jurisdiction of the Stipulation. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 17 PRODUCED IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation 19 that compels disclosure of any information or items designated in this Action as 20 “CONFIDENTIAL,” that Party must: 21 (a) promptly notify in writing the Designating Party. Such notification shall 22 include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order to 24 issue in the other litigation that some or all of the material covered by the subpoena 25 or order is subject to this Protective Order. Such notification shall include a copy of 26 this Stipulated Protective Order; and 27 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 1 If the Designating Party timely seeks a protective order in the action in which 2 the subpoena or order was issued, the Party served with the subpoena or court order 3 shall not produce any information designated in this action as “CONFIDENTIAL” 4 before a determination by the court from which the subpoena or order issued, unless 5 the Party has obtained the Designating Party’s permission. The Designating Party 6 shall bear the burden and expense of seeking protection in that court of its 7 confidential material – and nothing in these provisions should be construed as 8 authorizing or encouraging a Receiving Party in this action to disobey a lawful 9 directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a Non- 13 Party in this Action and designated as “CONFIDENTIAL.” Such information 14 produced by Non-Parties in connection with this litigation is protected by the 15 remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to 17 produce a Non-Party’s confidential information in its possession, and the Party is 18 subject to an agreement with the Non-Party not to produce the Non-Party’s 19 confidential information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non-Party 21 that some or all of the information requested is subject to a 22 confidentiality agreement with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), and a 25 reasonably specific description of the information requested; and 26 (3) make the information requested available for inspection by the Non- 27 Party, if requested. 1 (c) If the Non-Party fails to seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party 3 may produce the Non-Party’s confidential information responsive to the discovery 4 request. 5 If the Non-Party timely seeks a protective order, the Receiving Party shall not 6 produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the court. 7 Absent a court order to the contrary, the Non-Party shall bear the burden and 8 expense of seeking protection in this court of its Protected Material. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 13 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 14 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 15 persons to whom unauthorized disclosures were made of all the terms of this Order, 16 and (d) request such person or persons to execute the “Acknowledgment and 17 Agreement to Be Bound” that is attached hereto as Exhibit A. 18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other protection, 22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 24 may be established in an e-discovery order that provides for production without 25 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 26 as the parties reach an agreement on the effect of disclosure of a communication or 27 information covered by the attorney-client privilege or work product protection, the 1 parties may incorporate their agreement in the stipulated protective order submitted 2 to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of 5 any person to seek its modification by the Court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to 7 disclosing or producing any information or item on any ground not addressed in this 8 Stipulated Protective Order. Similarly, no Party waives any right to object on any 9 ground to use in evidence of any of the material covered by this Protective Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 12 only be filed under seal pursuant to a court order authorizing the sealing of the 13 specific Protected Material at issue. If a Party’s request to file Protected Material 14 under seal is denied by the court, then the Receiving Party may file the information 15 in the public record unless otherwise instructed by the court. 16 13. FINAL DISPOSITION 17 After the FINAL DISPOSITION of this Action, as defined in paragraph 2.8, 18 within 30 days of a written request by the Designating Party, each Receiving Party 19 must return all Protected Material to the Producing Party. As used in this 20 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. The Receiving Party must submit a written certification to the Producing 23 Party (and, if not the same person or entity, to the Designating Party) by the 30-day 24 deadline that (1) identifies (by category, where appropriate) all the Protected 25 Material that was returned and (2) affirms that the Receiving Party has not retained 26 any copies, abstracts, compilations, summaries or any other format reproducing or 27 capturing any of the Protected Material. 1 Notwithstanding this provision, Counsel are entitled to retain an archival copy 2 of all pleadings, discovery, motion papers, trial, deposition, and hearing transcripts, 3 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 4 attorney work product, and consultant and expert work product, even if such 5 materials contain Protected Material. Any such archival copies that contain or 6 constitute Protected Material remain subject to this Protective Order. 14. VIOLATION 7 Any violation of this Order may be punished by appropriate measures 8 including, without limitation, contempt proceedings and/or monetary sanctions. 9 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 12 13 DATED: June 16, 2021 CARRILLO LAW FIRM, LLP 14 15 By: /s/ J. Miguel Flores 16 MICHAEL S. CARRILLO 17 J. MIGUEL FLORES ATTORNEYS FOR PLAINTIFFS 18 19 20 21 22 23 24 25 26 27 5 DATED: June 16, 2021 WOODRUFF SPARDLIN & SMART APC 4 By: /s/ Brian A. Moore 5 CAROLINE A. BYRNE BRIAN A. MOORE 6 ATTORNEYS FOR DEFENDANT CITY 7 OF GARDEN GROVE 8 9 ATTESTATION REGARDING SIGNATURES 10 Log: I, J. Miguel Flores, attest that all signatories listed, and on whose behalf the 11 filing is submitted, concur in the filing’s content and have authorized the filing. 12 13 14 || June 16, 2021 By: __/s/__J. Miguel Flores 5 J. MIGUEL FLORES

16 17 18 19 20 IT IS SO ORDERED. Wviai Mh ké 71 an AN. ieunlingy Dated: June 24 , 2021 By: 22 HONORABLE ALICIA G. ROSENBERG 3 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 -13--

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ______________________________________[print or type full name], of 4 _________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on _____________ in the case of Salas, et al. v. City of 8 Garden Grove, et al., United States District Court Case No. 2:20-cv-11422. I agree 9 to comply with and to be bound by all the terms of this Stipulated Protective Order 10 and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. 19 Date: ______________________________________ City and State where sworn and signed: _________________________________ 20 Printed name: _______________________________ 21 Signature: _________________________________ 22 23 24 25 26 27