1 V. James DeSimone (SBN: 119668) [email protected] 2 Carmen D. Sabater (SBN: 303546) [email protected] 3 Ryann Hall (SBN: 306080) [email protected] 4 V. JAMES DESIMONE LAW 13160 Mindanao Way, Suite 280 5 Marina del Rey, CA 90292 310.693.5561 / 323.544.6880 (fax) 6 Attorneys for Plaintiffs Antonio Rodriguez and Priscilla Loza 7 JILL WILLIAMS – State Bar No. 221793 8 [email protected] DANIELLE C. FOSTER – State Bar No. 281385 9 [email protected] CARPENTER, ROTHANS & DUMONT 10 500 S. Grand Avenue, 19th Floor Los Angeles, CA 90071 11 (213) 228-0400 / (213) 228-0401 (fax) Attorneys for Defendants County of Los Angeles and Sheriff Alex Villanueva 12 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 ANTONIO RODRIGUEZ, et al. ) Case No.: 2:21-cv-06574-VAP-KKx ) 18 Plaintiffs, ) ) ** DISCOVERY MATTER ** 19 v. ) STIPULATED PROTECTIVE ) 20 COUNTY OF LOS ANGELES, et al. ) ORDER ) 21 Defendants. ) ) 22 ) Hon. Kenly Kiya Kato ) U.S. Magistrate Judge 23 ) 24 25 IT IS HEREBY STIPULATED by and among the parties hereto, through 26 their respective counsel of record, as follows: 27 /// 28 /// 1 1A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential and 3 private information for which special protection from public disclosure and from 4 use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. The parties further acknowledge, as set forth in Section 11 12.3, below, that this Stipulated Protective Order does not entitle them to file 12 confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a 14 party seeks permission from the court to file material under seal. 15 1B. GOOD CAUSE STATEMENT 16 This action is likely to involve confidential and private information for 17 which special protection from public disclosure and from use for any purpose other 18 than litigation of this action is warranted. Such information may implicate the 19 privacy interests of the parties and are properly protected through a Federal Rule of 20 Civil Procedure 26(c) protective order. See Seattle Times Co. v. Rhinehart, 467

, 35 n.21 (1984) (“Rule 26(c) includes among its express purposes the 22 protection of a ‘party or person from annoyance, embarrassment, oppression or 23 undue burden or expense.’ Although the Rule contains no specific reference to 24 privacy or to other rights or interests that may be implicated, such matters are 25 implicit in the broad purpose and language of the Rule.”); Soto v. City of Concord, 26

(N.D. Cal. 1995) (a party’s privacy rights are to be protected 27 through a “carefully crafted protective order.”). 28 /// 1 Such confidential materials and information consist of, among other things, 2 Los Angeles County Sheriff’s Department investigations, sensitive reports, 3 medical records, information implicating privacy rights of third parties, and 4 information otherwise generally unavailable to the public, or which may be 5 privileged or otherwise protected from disclosure under state or federal statutes, 6 court rules, case decisions, or common law. Accordingly, to expedite the flow of 7 information, to facilitate the prompt resolution of disputes over confidentiality of 8 discovery materials, to adequately protect information the parties are entitled to 9 keep confidential, to ensure that the parties are permitted reasonable necessary uses 10 of such material in preparation for and in the conduct of trial, to address their 11 handling at the end of the litigation, and serve the ends of justice, a protective 12 order for such information is justified in this matter. It is the intent of the parties 13 that information will not be designated as confidential for tactical reasons and that 14 nothing be so designated without a good faith belief that it has been maintained in 15 a confidential, non-public manner, and there is good cause why it should not be 16 part of the public record of this case. 17 2. DEFINITIONS 18 2.1 Action: This pending federal lawsuit, bearing case number 2:21-cv- 19 06574-VAP-KK 20 2.2 Challenging Party: A Party or Non-Party that challenges the 21 designation of information or items under this Order. 22 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 23 how it is generated, stored or maintained) or tangible things that qualify for 24 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 25 the Good Cause Statement. 26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 27 their support staff). 28 /// 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, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced 7 or generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: A person with specialized knowledge or experience in a 9 matter pertinent to the litigation who has been retained by a Party or its counsel to 10 serve as an expert witness or as a consultant in this Action. 11 2.8 House Counsel: Attorneys who are employees of a Party to this 12 Action. House Counsel does not include Outside Counsel of Record or any other 13 outside counsel. 14 2.9 Non-Party: Any natural person, partnership, corporation, association, 15 or 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 17 Party to this Action but are retained to represent or advise a party to this Action 18 and have appeared in this Action on behalf of that Party or are affiliated with a law 19 firm which has 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 26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 and their employees and subcontractors. 1 2.14 Protected Material: Any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL.” 3 2.15 Receiving Party: A Party that receives Disclosure or Discovery 4 Material from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 Protected Material (as defined above), but also: (1) any information copied or 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or 10 presentations by Parties or their Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 trial judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION 14 Once a case proceeds to trial, all of the information that was designated as 15 confidential or maintained pursuant to this protective order becomes public and 16 will be presumptively available to all members of the public, including the press, 17 unless compelling reasons supported by specific factual findings to proceed 18 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 19 and County of Honolulu,

(9th Cir. 2006) (distinguishing 20 “good cause” showing for sealing documents produced in discovery from 21 “compelling reasons” standard when merits-related documents are part of court 22 record). Accordingly, the terms of this protective order do not extend beyond the 23 commencement of the trial. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1. Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection 27 under this Order must take care to limit any such designation to specific material 28 that qualifies under the appropriate standards. The Designating Party must 1 designate for protection only those parts of material, documents, items or oral or 2 written communications that qualify so that other portions of the material, 3 documents, items or communications for which protection is not warranted are not 4 swept unjustifiably within the ambit of this Order. 5 Mass, indiscriminate or routinized designations are prohibited. Designations 6 that are shown to be clearly unjustified or that have been made for an improper 7 purpose (e.g., to unnecessarily encumber the case development process or to 8 impose unnecessary expenses and burdens on other parties) may expose the 9 Designating Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) For information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion or portions of the material on a page 24 qualifies for protection, the Producing Party also must clearly identify the 25 protected portion(s) (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 28 which documents it would like copied and produced. During the inspection and 1 before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 3 documents it wants copied and produced, the Producing Party must determine 4 which documents, or portions thereof, qualify for protection under this Order. 5 Then, before producing the specified documents, the Producing Party must affix 6 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 7 only a portion or portions of the material on a page qualifies for protection, the 8 Producing Party also must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins). 10 (b) For testimony given in depositions that the Designating Party 11 identify the Disclosure or Discovery Material on the record, before the close of the 12 deposition all protected testimony. 13 (c) For information produced in some form other than documentary 14 and for any other tangible items, that the Producing Party affix in a prominent 15 place on the exterior of the container or containers in which the information is 16 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 17 information warrants protection, the Producing Party, to the extent practicable, 18 shall identify the protected portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 20 failure to designate qualified information or items does not, standing alone, waive 21 the Designating Party’s right to secure protection under this Order for such 22 material. Upon timely correction of a designation, the Receiving Party must make 23 reasonable efforts to assure that the material is treated in accordance with the 24 provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 27 designation of confidentiality at any time that is consistent with the Court’s 28 Scheduling Order. 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. 3 6.3 The burden of persuasion in any such challenge proceeding shall be 4 on the Designating Party. Frivolous challenges, and those made for an improper 5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Party has waived or withdrawn the confidentiality designation, all parties shall 8 continue to afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that 13 is disclosed or produced by another Party or by a Non-Party in connection with 14 this Action only for prosecuting, defending, or attempting to settle this Action. 15 Such Protected Material may be disclosed only to the categories of persons and 16 under the conditions described in this Order. When the Action has been 17 terminated, a Receiving Party must comply with the provisions of Section 13 18 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated 25 “CONFIDENTIAL” only to: 26 (a) The Receiving Party’s Outside Counsel of Record in this 27 Action, as well as employees of said Outside Counsel of Record to whom it is 28 reasonably necessary to disclose the information for this Action; 1 (b) The officers, directors, and employees (including House 2 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 3 this Action; 4 (c) Experts (as defined in this Order) of the Receiving Party to 5 whom disclosure is reasonably necessary for this Action and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (d) The court and its personnel; 8 (e) Court reporters and their staff; 9 (f) Professional jury or trial consultants, mock jurors, and 10 Professional Vendors to whom disclosure is reasonably necessary for this Action 11 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 A); 13 (g) The author or recipient of a document containing the 14 information or a custodian or other person who otherwise possessed or knew the 15 information; 16 (h) During their depositions, witnesses, and attorneys for witnesses, 17 in the Action to whom disclosure is reasonably necessary provided: (i) the 18 deposing party requests that the witness sign the form attached as Exhibit A hereto; 19 and (ii) they will not be permitted to keep any confidential information unless they 20 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 21 otherwise agreed by the Designating Party or ordered by the court. Pages of 22 transcribed deposition testimony or exhibits to depositions that reveal Protected 23 Material may be separately bound by the court reporter and may not be disclosed 24 to anyone except as permitted under this Stipulated Protective Order; and 25 (i) Any mediator or settlement officer, and their supporting 26 personnel, mutually agreed upon by any of the parties engaged in settlement 27 discussions. 28 /// 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) Promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) Promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall 11 include a copy of this Stipulated Protective Order; and 12 (c) Cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served 15 with the subpoena or court order shall not produce any information designated in 16 this action as “CONFIDENTIAL” before a determination by the court from which 17 the subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (i) Promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (ii) Promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (iii) Make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving 15 Party may produce the Non-Party’s confidential information responsive to the 16 discovery request. If the Non-Party timely seeks a protective order, the Receiving 17 Party shall not produce any information in its possession or control that is subject 18 to the confidentiality agreement with the Non-Party before a determination by the 19 court. Absent a court order to the contrary, the Non-Party shall bear the burden 20 and expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has 23 disclosed Protected Material to any person or in any circumstance not authorized 24 under this Stipulated Protective Order, the Receiving Party must immediately (a) 25 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 26 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 27 the person or persons to whom unauthorized disclosures were made of all the terms 28 of this Order, and (d) request such person or persons to execute the 1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

11. INADVERTENT PRODUCTION OF PRIVILEGED OR 4 OTHERWISE PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in Federal 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 production without prior privilege review. Pursuant to Federal Rule of Evidence 11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 12 of a communication or information covered by the attorney-client privilege or 13 work product protection, the parties may incorporate their agreement in the 14 stipulated protective order submitted to the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of 17 any person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. Similarly, no Party waives any right to object on 22 any ground to use in evidence of any of the material covered by this Protective 23 Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Civil Local Rule 79-5. Protected Material 26 may only be filed under seal pursuant to a court order authorizing the sealing of the 27 specific Protected Material at issue. If a Party’s request to file Protected Material 28 under seal is denied by the court, then the Receiving Party may file the information 1 in the public record unless otherwise instructed by the court. 2 13. FINAL DISPOSITION 3 After the final disposition of this Action, within 60 days of a written request 4 by the Designating Party, each Receiving Party must return all Protected Material 5 to the Producing Party or destroy such material. As used in this subdivision, “all 6 Protected Material” includes all copies, abstracts, compilations, summaries, and 7 any other format reproducing or capturing any of the Protected Material. Whether 8 the Protected Material is returned or destroyed, the Receiving Party must submit a 9 written certification to the Producing Party (and, if not the same person or entity, 10 to the Designating Party) by the 60 day deadline that (1) identifies (by category, 11 where appropriate) all the Protected Material that was returned or destroyed and 12 (2) affirms that the Receiving Party has not retained any copies, abstracts, 13 compilations, summaries or any other format reproducing or capturing any of the 14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 15 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 16 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 17 reports, attorney work product, and consultant and expert work product, even if 18 such materials contain Protected Material. 19 14. VIOLATION 20 Any violation of this Order may be punished by any and all appropriate 21 measures including, without limitation, contempt proceedings and/or monetary 22 sanctions. 23 /// 24 25 /// 26 /// 27 /// 28 /// 1 |} IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 || DATED: December 14, 2021 V. JAMES DESIMONE LAW /s/ Ryann Hall 5 By: 6 V. JAMES DESIMONE CARMEN D. SABATER 7 RYANN HALL g Attorneys for Plaintiffs DATED: December 14, 2021 CARPENTER, ROTHANS & DUMONT 10 /s/ Danielle Foster I] By: 12 JILL WILLIAMS 13 DANIELLE C. FOSTER Attorneys for Defendants County of Los 14 Angeles and Sheriff Alex Villanueva 15 Local Rule 5-4.3.4 16 All other signatories listed, and on whose behalf the filing is submitted, 17 concur in the filing’s content and have authorized the filing. 18 19 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 0 aly A gern DATED: December 14, 2021 23 Honorable Kenly Kiya Kato United States Magistrate Judge 25 26 27 28 _14-

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 penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Rodriguez v. County of Los Angeles, Case No. 2:21-cv- 8 06574-VAP-KK. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Order. I further agree to submit to the 14 jurisdiction of the United States District Court for the Central District of California 15 for the purpose of enforcing the terms of this Stipulated Protective Order, even if 16 such enforcement proceedings occur after termination of this action. I hereby 17 appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24

25 Printed name: _______________________________ 26

27 Signature: __________________________________ 28