1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 CHRISTINA ASTORGA, etc., et al., ) Case No. 2:20-cv-09805-AB-AGR ) 12 Plaintiffs, ) Honorable Alicia G. Rosenberg ) 13 vs. ) ) PROTECTIVE ORDER 14 COUNTY OF LOS ANGELES, etc., ) et al., ) NOTE CHANGES MADE BY 15 ) THE COURT. Defendants. ) 16 ) ) 17 18 TO THE HONORABLE COURT, ALL PARTIES, AND TO THEIR 19 ATTORNEYS OF RECORD: 20 The Defendants, through their attorneys of record, submit the following 21 Proposed Protective Order. 22 23 Dated: May 24, 2021 LAWRENCE BEACH ALLEN & CHOI, PC

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25 By /s/ Raymond W. Sakai 26 Raymond W. Sakai Attorneys for Defendants 27 County of Los Angeles and 28 Sheriff Alex Villanueva 1 A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation 5 maybe warranted. The parties acknowledge that this Order does not confer 6 blanket protections on all disclosures or responses to discovery and that the 7 protection it affords from public disclosure and use extends only to the limited 8 information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in 10 Section 12.3, below, that this Protective Order does not entitle them to file 11 confidential information under seal; Civil Local Rule 79-5 sets forth the 12 procedures that must be followed and the standards that will be applied when a 13 party seeks permission from the court to file material under seal. 14 B. GOOD CAUSE STATEMENT 15 This action is likely to involve police reports, criminal investigation 16 material, confidential informant information, medical records, financial materials, 17 peace officer personnel materials, and other private and confidential materials for 18 which special protection from public disclosure and from use for any purpose 19 other than prosecution of this action is warranted. Such confidential material and 20 information consist of, among other things, confidential witness information, 21 investigation techniques, private medical records, information implicating privacy 22 rights of third parties, financial records, personal information, and information 23 otherwise generally unavailable to the public, or which may be privileged or 24 otherwise protected from disclosure under state or federal statutes, court rules, 25 case decisions, or common law. 26 The harms that could occur because of public disclosure include but are not 27 limited to: risking the personal safety of individuals identified in the investigation 28 materials, the improper use of demographic information collected during the 1 investigation that could lead to substantial financial harm; and the possible 2 violation of the Government privilege because of future hesitancy by private 3 citizens to aid law enforcement in investigations because of the risk of public 4 disclosure of their information. See Roviaro v. United States,

, 627 5 (1957) (the Government privilege encourages citizens to communicate their 6 knowledge of the commission of crimes to law-enforcement officials by 7 preserving their anonymity). 8 Accordingly, to expedite the flow of information, to facilitate the prompt 9 resolution of disputes over confidentiality of discovery materials, to adequately 10 protect information the parties are entitled to keep confidential, to ensure that the 11 parties are permitted reasonable necessary uses of such material in preparation for 12 and in the conduct of trial, to address their handling at the end of the litigation, 13 and serve the ends of justice, a protective order for such information is justified in 14 this matter. It is the intent of the parties that information will not be designated as 15 confidential for tactical reasons and that nothing be so designated without a good 16 faith belief that it has been maintained in a confidential, non-public manner, and 17 there is good cause why it should not be part of the public record of this case. 18 2. DEFINITIONS 19 2.1 Action: Christina Astorga et al. v. County of Los Angeles, et al., 20 Case No. 2:20-cv-09805-AB-AGR. 21 2.2 Challenging Party: a Party or Non-Party that challenges the 22 designation of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for 25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 26 the Good Cause Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 28 their support staff). 1 2.5 Designating Party: a Party or Non-Party that designates information 2 or 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, 5 regardless of the medium or manner in which it is generated, stored, or 6 maintained (including, among other things, testimony, transcripts, and tangible 7 things), that are produced or generated in disclosures or responses to discovery in 8 this matter. 9 2.7 Expert: a person with specialized knowledge or experience in a 10 matter pertinent to the litigation who has been retained by a Party or its counsel to 11 serve as an expert witness or as a consultant in this Action. 12 2.8 House Counsel: attorneys who are employees of a party to this 13 Action. House Counsel does not include Outside Counsel of Record or any other 14 outside counsel. 15 2.9 Non-Party: any natural person, partnership, corporation, association, 16 or other legal entity not named as a Party to this action. 17 2.10 Outside Counsel of Record: attorneys who are not employees of a 18 party to this Action but are retained to represent or advise a party to this Action 19 and have appeared in this Action on behalf of that party or are affiliated with a 20 law firm which has appeared on behalf of that party, and includes support staff. 21 2.11 Party: any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and 23 their support staffs). 24 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 2.13 Professional Vendors: persons or entities that provide litigation 27 support services (e.g., photocopying, videotaping, translating, preparing exhibits 28 1 or demonstrations, and organizing, storing, or retrieving data in any form or 2 medium) and their employees and subcontractors. 3 2.14 Protected Material: any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL.” 5 2.15 Receiving Party: a Party that receives Disclosure or Discovery 6 Material from a Producing Party. 7 8 3. SCOPE 9 The protections conferred by the Order cover not only Protected Material 10 (as defined above), but also (1) any information copied or extracted from 11 Protected Material; (2) all copies, excerpts, summaries, or compilations of 12 Protected Material; and (3) any testimony, conversations, or presentations by 13 Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the trial 15 judge. This Order does not govern the use of Protected Material at trial. 16 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 22 with or without prejudice; and (2) final judgment herein after the completion and 23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 24 including the time limits for filing any motions or applications for extension of 25 time pursuant to applicable law. 26 /// 27 /// 28 /// 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. The Designating Party must designate 6 for protection only those parts of material, documents, items, or oral or written 7 communications that qualify so that other portions of the material, documents, 8 items, or communications for which protection is not warranted are not swept 9 unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to 13 impose unnecessary expenses and burdens on other parties) may expose the 14 Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party 17 must promptly notify all other Parties that it is withdrawing the inapplicable 18 designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided 20 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 21 ordered, Disclosure or Discovery Material that qualifies for protection under this 22 Order must be clearly so designated before the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 28 contains protected material. If only a portion or portions of the material on a page 1 qualifies for protection, the Producing Party also must clearly identify the 2 protected portion(s) (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for 4 inspection need not designate them for protection until after the inspecting Party 5 has indicated which documents it would like copied and produced. During the 6 inspection and before the designation, all of the material made available for 7 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 8 identified the documents it wants copied and produced, the Producing Party must 9 determine which documents, or portions thereof, qualify for protection under this 10 Order. Then, before producing the specified documents, the Producing Party must 11 affix the “CONFIDENTIAL legend” to each page that contains Protected 12 Material. If only a portion or portions of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions that the Designating Party identify 16 the Disclosure or Discovery Material on the record, before the close of the 17 deposition all protected testimony. 18 (c) for information produced in some form other than documentary and 19 for any other tangible items, that the Producing Party affix in a prominent place 20 on the exterior of the container or containers in which the information is stored 21 the legend “CONFIDENTIAL.” If only a portion or portions of the information 22 warrants protection, the Producing Party, to the extent practicable, shall identify 23 the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive 26 the Designating Party’s right to secure protection under this Order for such 27 material. Upon timely correction of a designation, the Receiving Party must make 28 1 reasonable efforts to assure that the material is treated in accordance with the 2 provisions of this Order. 3 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 designation of confidentiality at any time that is consistent with the Court’s 7 Scheduling Order. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 9 resolution process under Local Rule 37.1 et seq. 10 6.3 The burden of persuasion in any such challenge proceeding shall be 11 on the Designating Party. Frivolous challenges, and those made for an improper 12 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 13 parties) may expose the Challenging Party to sanctions. Unless the Designating 14 Party has waived or withdrawn the confidentiality designation, all parties shall 15 continue to afford the material in question the level of protection to which it is 16 entitled under the Producing Party’s designation until the Court rules on the 17 challenge. 18 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that 21 is disclosed or produced by another Party or by a Non-Party in connection with 22 this Action only for prosecuting, defending, or attempting to settle this Action. 23 Such Protected Material may be disclosed only to the categories of persons and 24 under the conditions described in this Order. When the Action has been 25 terminated, a Receiving Party must comply with the provisions of section 13 26 below (FINAL DISPOSITION). 27 /// 28 /// 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 otherwise ordered by the court or permitted in writing by the Designating Party, a 6 Receiving Party may disclose any information or item designated 7 “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 well as employees of said Outside Counsel of Record to whom it is reasonably 10 necessary to disclose the information for this Action; 11 (b) the Receiving Party, as well as the officers, directors, and employees 12 (including House Counsel) of the Receiving Party to whom disclosure is 13 reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this Action and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (d) the court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional 20 Vendors to whom disclosure is reasonably necessary for this Action and who 21 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses,and attorneys for witnesses, in the 25 Action to whom disclosure is reasonably necessary provided: (1) the deposing 26 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 27 they will not be permitted to keep any confidential information unless they sign 28 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 1 otherwise agreed by the Designating Party or ordered by the court. Pages of 2 transcribed deposition testimony or exhibits to depositions that reveal Protected 3 Material may be separately bound by the court reporter and may not be disclosed 4 to anyone except as permitted under this d Protective Order; and 5 (i) any mediator or settlement officer, and their supporting personnel, 6 mutually agreed upon by any of the parties engaged in settlement discussions. 7 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other 11 litigation that compels disclosure of any information or items designated in this 12 Action as “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification 14 shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or 16 order to issue in the other litigation that some or all of the material covered by the 17 subpoena or order is subject to this Protective Order. Such notification shall 18 include a copy of this Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 pursued by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served 22 with the subpoena or court order shall not produce any information designated in 23 this action as “CONFIDENTIAL” before a determination by the court from which 24 the subpoena or order issued, unless the Party has obtained the Designating 25 Party’s permission. The Designating Party shall bear the burden and expense of 26 seeking protection in that court of its confidential material and nothing in these 27 provisions should be construed as authorizing or encouraging a Receiving Party 28 in this Action to disobey a lawful directive from another court. 1 2 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 3 PRODUCED IN THIS LITIGATION 4 (a) The terms of this Order are applicable to information produced by a 5 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 6 information produced by Non-Parties in connection with this litigation is 7 protected by the remedies and relief provided by this Order. Nothing in these 8 provisions should be construed as prohibiting a Non-Party from seeking 9 additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality 16 agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Protective Order 18 in this Action, the relevant discovery request(s), and a reasonably specific 19 description of the information requested; and 20 (3) make the information requested available for inspection by the Non- 21 Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court 23 within 14 days of receiving the notice and accompanying information, the 24 Receiving Party may produce the Non-Party’s confidential information 25 responsive to the discovery request. If the Non-Party timely seeks a protective 26 order, the Receiving Party shall not produce any information in its possession or 27 control that is subject to the confidentiality agreement with the Non-Party before 28 a determination by the court. Absent a court order to the contrary, the Non-Party 1 shall bear the burden and expense of seeking protection in this court of its 2 Protected Material. 3 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has 6 disclosed Protected Material to any person or in any circumstance not authorized 7 under this Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best 9 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 10 person or persons to whom unauthorized disclosures were made of all the terms 11 of this Order, and (d) request such person or persons to execute the 12 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 13 Exhibit A. 14 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other 19 protection, the obligations of the Receiving Parties are those set forth in Federal 20 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 21 whatever procedure may be established in an e-discovery order that provides for 22 production without prior privilege review. Pursuant to Federal Rule of Evidence 23 502(d) and (e), insofar as the parties reach an agreement on the effect of 24 disclosure of a communication or information covered by the attorney-client 25 privilege or work product protection, the parties may incorporate their agreement 26 in the protective order submitted to the court. 27 /// 28 /// 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of 3 any person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. No Party waives any right it 5 otherwise would have to object to disclosing or producing any information or 6 item on any ground not addressed in this Protective Order. Similarly, no Party 7 waives any right to object on any ground to use in evidence of any of the material 8 covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material 11 may only be filed under seal pursuant to a court order authorizing the sealing of 12 the specific Protected Material at issue. If a Party's request to file Protected 13 Material under seal is denied by the court, then the Receiving Party may file the 14 information in the public record unless otherwise instructed by the court. 15 16 13. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 18 60 days of a written request by the Designating Party, each Receiving Party must 19 return all Protected Material to the Producing Party or destroy such material. As 20 used in this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of 22 the Protected Material. Whether the Protected Material is returned or destroyed, 23 the Receiving Party must submit a written certification to the Producing Party 24 (and, if not the same person or entity, to the Designating Party) by the 60 day 25 deadline that (1) identifies (by category, where appropriate) all the Protected 26 Material that was returned or destroyed and (2)affirms that the Receiving Party 27 has not retained any copies, abstracts, compilations, summaries or any other 28 format reproducing or capturing any of the Protected Material. Notwithstanding 1 | this provision, Counsel are entitled to retain an archival copy of all pleadings, 2 || motion papers, trial, deposition, and hearing transcripts, legal memoranda, 3 || correspondence, deposition and trial exhibits, expert reports, attorney work 4 || product, and consultant and expert work product, even if such materials contain 5 || Protected Material. Any such archival copies that contain or constitute Protected 6 || Material remain subject to this Protective Order as set forth in Section 4 7 | (DURATION). 8 14. Any violation of this Order may be punished by any and all appropriate 9 || measures including, without limitation, contempt proceedings and/or monetary 10 || sanctions. 11 12 13 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 14 15 | DATED: June 22, 2021 16 TT Uhas A Koenig, '® | Honorable Alicia G. Rosenbers® 19 || United States Magistrate Judge 20 21 22 23 24 25 26 27 28

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Protective Order that was issued 7 by the United States District Court for the Central District of California on April 8 ______, 2021 in the case of Christina Astorga et al. v. County of Los Angeles, et 9 al., Case No. 2:20-cv-09805-AB-AGR. I agree to comply with and to be bound 10 by all the terms of this Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature 12 of contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Protective Order to any person or entity 14 except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the terms 17 of this Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ 19 [print or type full name] of _______________________________________ 20 [print or type full address and telephone number] as my California agent for 21 service of process in connection with this action or any proceedings related to 22 enforcement of this Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 27 Printed name: ______________________________ Signature: __________________________________ 28