Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 1 of 17 Page ID #:137

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 MICHAEL LOPEZ, Case No. 2:21-cv-00833-ODW-AGR 12

13 STIPULATED PROTECTIVE ORDER 14 Plaintiff, 15

16 vs. 17

18 CITY OF EL MONTE; LUIS 19 MIJANGOS; MIRIAM CUEVAS; DAVID AVALOS; TYLER 20 DOMINGUEZ; and DOES 1 through 21 10, inclusive,

22

23 Defendants.

24 25 TO THE HONORABLE COURT: 26 Pursuant to Federal Rules of Civil Procedure, Rule 26(c), Defendants CITY OF 27 EL MONTE, OFFICER LUIS MIJANGOS, OFFICER MIRIAM CUEVAS, 28 OFFICER DAVID AVALOS and OFFICER TYLER DOMINGUEZ and Plaintiff 1 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 2 of 17 Page ID #:138

1 MICHAEL LOPEZ, by and through their attorneys of record, hereby stipulate to the 2 Protective Order set forth herein regarding the production of documents, records, and 3 tangible things during the discovery phase of this action. The City of El Monte, 4 Officer Luis Mijangos, Officer Miriam Cuevas, Officer David Avalos, Officer Tyler 5 Dominguez and Plaintiff are sometimes hereinafter referred to individually as a 6 “Party” and collectively as the “Parties. 7 1. A. PURPOSES AND LIMITATIONS 8 Discovery in this action is likely to involve production of confidential, 9 proprietary, or private information for which special protection from public disclosure 10 and from use for any purpose other than prosecuting this litigation may be warranted. 11 Accordingly, the parties hereby stipulate to and petition the Court to enter the 12 following Stipulated Protective Order. This Order is intended to protect all documents 13 produced by Defendants City of El Monte, Officer Luis Mijangos, Officer Miriam 14 Cuevas, Officer David Avalos and Officer Tyler Dominguez as part of Defendants’ 15 responses and/or supplemental responses to Plaintiffs’ Requests for Production of 16 Documents, as well as any documents which are ordered to be produced by the Court 17 resulting from any discovery disputes that arise in this matter. The parties 18 acknowledge that this Order does not confer blanket protections on all disclosures or 19 responses to discovery and that the protection it affords from public disclosure and 20 use extends only to the limited information or items that are entitled to confidential 21 treatment under the applicable legal principles. The parties further acknowledge, as 22 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 23 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the 24 procedures that must be followed and the standards that will be applied when a party 25 seeks permission from the court to file material under seal. 26 B. GOOD CAUSE STATEMENT 27 Though Plaintiffs may be entitled, in certain limited circumstances, to examine 28 information in police officers’ personnel files, internal affairs files and force reports, 2 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 3 of 17 Page ID #:139

1 to the extent that they are relevant to their claims in the above-captioned action, the 2 Defendants contend that a protective order is necessary to prevent random distribution 3 of such information. Furthermore, this proposed protective order was created for the 4 purpose of protecting certain information that may be subject to the official 5 information privilege, law enforcement privilege and the right to privacy, as protected 6 by the California and United States Constitution, balanced with plaintiffs’ right to 7 discovery in this litigation. 8 Police personnel records are deemed confidential under federal law. Sanchez 9 v. Santa Ana Police Dep’t.,

(9th Cir. 1990). Law enforcement 10 personnel records also involve confidential information that is protected by the Police 11 Officers Bill of Rights, as codified at section 3300, et seq., of the California 12 Government Code. The public disclosure of law enforcement personnel records and 13 records which include witness name, etc., is further limited by a number of California 14 statutes, including but not limited to California Government Code section 6254 and 15 California Penal Code section 832.7, et seq. 16 The City and individual peace officer Defendants herein contend that they have 17 an interest in protecting their privacy rights relating to information in their personnel 18 files and other related information. 19 It is the policy of the City of El Monte/El Monte Police Department not to 20 disclose information contained in background investigations about its employees, or 21 other information contained in confidential police personnel files unless ordered to do 22 so by a court of competent jurisdiction. Further, it is the policy of the City of El 23 Monte/El Monte Police Department not to disclose information contained in police 24 reports to those other than the parties involved in the incident, their representatives, 25 prosecutors, etc. unless ordered to do so by a court of competent jurisdiction. 26 Within the City of El Monte/El Monte Police Department, access to personnel 27 files is restricted to those on a “need to know” basis. Controlled access to the files is 28 regarded by the City/Department as essential in order to assure the integrity and 3 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 4 of 17 Page ID #:140

1 security of such files. The City/Department contends that uncontrolled disclosure of 2 such information can disrupt the City’s/Department’s vital, day-to-day operations, 3 erode the integrity and security of the confidential personnel and related files, affect 4 the morale of City’s/Department’s personnel, and frustrate the legitimate purposes of 5 gathering the information in these files, including adversely impacting disciplinary 6 procedures within the City/Department. 7 With respect to police reports, unfettered access is not granted to the public. 8 Instead, access is restricted to those investigating the incident, involved in the incident 9 or their representatives, those who are prosecuting and/or defending those involved, 10 and those who maintain the records. The City/Department contends that controlled 11 access is necessary to not only assure the integrity and security of said files, but also 12 to ensure the privacy rights of those involved especially third party witnesses and 13 minors are protected. Permitting uncontrolled disclosure can disrupt the 14 City’s/Department’s day-to-day operations, including but not limited to adversely 15 impacting the City’s/Department’s ability to thoroughly investigate incidents. 16 Further, the City/Department contends that information contained in the 17 requested material case files is gathered and maintained in confidence by the 18 City/Department. The information gathered in these case files generally includes the 19 statements of third party witnesses collected in confidence. Witnesses are told that 20 the confidentiality of their statement will be protected and that they are for the 21 confidential use of the City/Department. The City/Department believes that 22 uncontrolled release of this information would cause needless intrusion into and 23 violation of privacy rights. 24 Accordingly, to expedite the flow of information, to facilitate the prompt 25 resolution of disputes over confidentiality of discovery materials, to adequately 26 protect information the parties are entitled to keep confidential, to ensure that the 27 parties are permitted reasonable necessary uses of such material in preparation for and 28 in the conduct of trial, to address their handling at the end of the litigation, and serve 4 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 5 of 17 Page ID #:141

1 the ends of justice, a protective order for such information is justified in this matter. 2 It is the intent of the parties that information will not be designated as confidential for 3 tactical reasons and that nothing be so designated without a good faith belief that it 4 has been maintained in a confidential, non-public manner, and there is good cause 5 why it should not be part of the public record of this case. 6 2. DEFINITIONS 7 2.1 Action: Michael Lopez v. City of El Monte, et al. (U.S.D.C. Case No. 2:21- 8 cv-00833-ODW-AGR). 9 2.2 Challenging Party: a Party that challenges the designation of information 10 or items under this Order. 11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 12 it is generated, stored or maintained) or tangible things that qualify for protection 13 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 14 Cause Statement, including documents produced by Defendants’ responses and/or 15 supplemental responses to Plaintiffs’ Requests for Production of Documents, as well 16 as any documents which are ordered to be produced by the Court resulting from any 17 discovery disputes that arise in this matter. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 19 support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless of 24 the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 /// 28 /// 5 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 6 of 17 Page ID #:142

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 10 this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party, and includes support staff. 12 2.11 Party: any party to this Action, including all of its officers, directors, 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 15 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 16 Discovery Material in this Action. 17 2.13 Professional Vendors: persons or entities that provide litigation support 18 services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 and their employees and subcontractors. 21 2.14 Protected Material: any Disclosure or Discovery Material that is 22 designated as “CONFIDENTIAL.” 23 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 24 from a Producing Party. 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or extracted 28 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 6 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 7 of 17 Page ID #:143

1 Protected Material; and (3) any testimony, conversations, or presentations by Parties 2 or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of the 4 trial judge. This Order does not govern the use of Protected Material at trial. 5 4. DURATION 6 Even after final disposition of this litigation, the confidentiality obligations 7 imposed by this Order shall remain in effect until a Designating Party agrees 8 otherwise in writing or a court order otherwise directs. Final disposition shall be 9 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 10 or without prejudice; and (2) final judgment herein after the completion and 11 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 12 including the time limits for filing any motions or applications for extension of time 13 pursuant to applicable law. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 16 Party or Non-Party that designates information or items for protection 17 under this Order must take care to limit any such designation to specific material that 18 qualifies under the appropriate standards. The Designating Party must designate for 19 protection only those parts of material, documents, items, or oral or written 20 communications that qualify so that other portions of the material, documents, items, 21 or communications for which protection is not warranted are not swept unjustifiably 22 within the ambit of this Order. Here, the designated material includes documents 23 produced by Defendants’ responses and/or supplemental responses to Plaintiffs’ 24 Requests for Production of Documents, as well as any documents which are ordered 25 to be produced by the Court resulting from any discovery disputes that arise in this 26 matter. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 that are shown to be clearly unjustified or that have been made for an improper 7 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 8 of 17 Page ID #:144

1 purpose (e.g., to unnecessarily encumber the case development process or to impose 2 unnecessary expenses and burdens on other parties) may expose the Designating Party 3 to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in this 8 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 9 or ordered, Disclosure or Discovery Material that qualifies for protection under this 10 Order must be clearly so designated before the material is disclosed or produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic documents, 13 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 14 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 15 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 16 portion or portions of the material on a page qualifies for protection, the Producing 17 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 18 markings in the margins). 19 A Party or Non-Party that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and before 22 the designation, all of the material made available for inspection shall be deemed 23 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 24 copied and produced, the Producing Party must determine which documents, or 25 portions thereof, qualify for protection under this Order. Then, before producing the 26 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 27 to each page that contains Protected Material. If only a portion or portions of the 28 material on a page qualifies for protection, the Producing Party also must clearly 8 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 9 of 17 Page ID #:145

1 identify the protected portion(s) (e.g., by making appropriate markings in the 2 margins). 3 (b) for testimony given in depositions that the Designating Party identify the 4 Disclosure or Discovery Material on the record, before the close of the deposition all 5 protected testimony. 6 (c) for information produced in some form other than documentary and for 7 any other tangible items, that the Producing Party affix in a prominent place on the 8 exterior of the container or containers in which the information is stored the legend 9 “CONFIDENTIAL.” If only a portion or portions of the information warrants 10 protection, the Producing Party, to the extent practicable, shall identify the protected 11 portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 13 to designate qualified information or items does not, standing alone, waive the 14 Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 20 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 22 process under Local Rule 37.1 et seq. 23 6.3 The burden of persuasion in any such challenge proceeding shall be on the 24 Designating Party. Frivolous challenges, and those made for an improper purpose 25 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 26 expose the Challenging Party to sanctions. Unless the Designating Party has waived 27 or withdrawn the confidentiality designation, all parties shall continue to afford the 28 material in question the level of protection to which it is entitled under the Producing 9 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 10 of 17 Page ID #:146

1 Party’s designation until the Court rules on the challenge. 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 3 7.1 Basic Principles. A Receiving Party may use Protected Material that is 4 disclosed or produced by another Party or by a Non-Party in connection with this 5 Action only for prosecuting, defending, or attempting to settle this Action. Such 6 Protected Material may be disclosed only to the categories of persons and under the 7 conditions described in this Order. When the Action has been terminated, a Receiving 8 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 13 ordered by the court or permitted in writing by the Designating Party, a Receiving 14 Party may disclose any information or item designated “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 16 employees of said Outside Counsel of Record to whom it is reasonably necessary to 17 disclose the information for this Action; 18 (b) the officers, directors, and employees (including House Counsel) of the 19 Receiving Party to whom disclosure is reasonably necessary for this Action; 20 (c) Experts (as defined in this Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and Professional 26 Vendors to whom disclosure is reasonably necessary for this Action and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 /// 10 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 11 of 17 Page ID #:147

1 (g) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 6 not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material shall be 10 separately bound by the court reporter and shall not be disclosed to anyone except as 11 permitted under this Stipulated Protective Order; and 12 (i) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 15 PRODUCED IN OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action a 18 “CONFIDENTIAL,” that Party must: 19 (a) promptly notify in writing the Designating Party. Such notification shall 20 include a copy of the subpoena or court order; 21 (b) promptly notify in writing the party who caused the subpoena or order to 22 issue in the other litigation that some or all of the material covered by the subpoena 23 or order is subject to this Protective Order. Such notification shall include a copy of 24 this Stipulated Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued 26 by the Designating Party whose Protected Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with 28 the subpoena or court order shall not produce any information designated in this action 11 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 12 of 17 Page ID #:148

1 as “CONFIDENTIAL” before a determination by the court from which the subpoena 2 or order issued, unless the Party has obtained the Designating Party’s permission. The 3 Designating Party shall bear the burden and expense of seeking protection in that court 4 of its confidential material and nothing in these provisions should be construed as 5 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 6 directive from another court. 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced by a Non- 10 Party in this Action and designated as “CONFIDENTIAL.” Such information 11 produced by Non-Parties in connection with this litigation is protected by the 12 remedies and relief provided by this Order. Nothing in these provisions should be 13 construed as prohibiting a Non-Party from seeking additional protections. 14 (b) In the event that a Party is required, by a valid discovery request, to 15 produce a Non-Party’s confidential information in its possession, and the Party is 16 subject to an agreement with the Non-Party not to produce the Non-Party’s 17 confidential information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non- 19 Party that some or all of the information requested is subject to a confidentiality 20 agreement with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated 22 Protective Order in this Action, the relevant discovery request(s), and a reasonably 23 specific description of the information requested; and 24 (3) make the information requested available for inspection by the 25 Non-Party, if requested. 26 (c) If the Non-Party fails to seek a protective order from this court within 14 27 days of receiving the notice and accompanying information, the Receiving Party may 28 produce the Non-Party’s confidential information responsive to the discovery request. 12 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 13 of 17 Page ID #:149

1 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 2 any information in its possession or control that is subject to the confidentiality 3 agreement with the Non-Party before a determination by the court. Absent a court 4 order to the contrary, the Non-Party shall bear the burden and expense of seeking 5 protection in this court of its Protected Material. 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 Protected Material to any person or in any circumstance not authorized under this 9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 10 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 11 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 12 persons to whom unauthorized disclosures were made of all the terms of this Order, 13 and (d) request such person or persons to execute the “Acknowledgment and 14 Agreement to Be Bound” that is attached hereto as Exhibit A. 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 16 OTHERWISE 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 protection, 19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 may be established in an e-discovery order that provides for production without prior 22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 23 parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the 25 parties may incorporate their agreement in the stipulated protective order submitted 26 to the court. 27 /// 28 /// 13 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 14 of 17 Page ID #:150

1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. All Parties and their Counsel agree that if a 10 Party intends to file Protected Material with the Court, for any reason, that party and 11 Counsel shall request permission from the Court to file the Protected Material under 12 seal. A Party that seeks to file under seal any Protected Material must comply with 13 Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 14 court order authorizing the sealing of the specific Protected Material at issue. If a 15 Party's request to file Protected Material under seal is denied by the court, then the 16 Receiving Party may file the information in the public record unless otherwise 17 instructed by the court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 60 20 days of a written request by the Designating Party, each Receiving Party (which also 21 includes those defined as a Party in Section 2.11) must return all Protected Material 22 to the Producing Party or destroy such material. As used in this subdivision, “all 23 Protected Material” includes all copies, abstracts, compilations, summaries, and any 24 other format reproducing or capturing any of the Protected Material. Whether the 25 Protected Material is returned or destroyed, the Receiving Party must submit a written 26 certification to the Producing Party (and, if not the same person or entity, to the 27 Designating Party) by the 60 day deadline that (1) identifies (by category, where 28 appropriate) all the Protected Material that was returned or destroyed and (2)affirms 14 STIPULATED PROTECTIVE ORDER Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 15 of 17 Page ID #:151

1 that the Receiving Party has not retained any copies, abstracts, compilations, 2 summaries or any other format reproducing or capturing any of the Protected Material. 3 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 4 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 5 correspondence, deposition and trial exhibits, expert reports, attorney work product, 6 and consultant and expert work product, even if such materials contain Protected 7 Material. Any such archival copies that contain or constitute Protected Material 8 remain subject to this Protective Order as set forth in Section 4 (DURATION). 9 14. Any violation of this Order may be punished by any and all appropriate 10 measures including, without limitation, contempt proceedings and/or monetary 11 sanctions. 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 DATED: December 28, 2021 LAW OFFICE OF GREGORY PEACOCK LAW OFFICES OF JAMES P. SEGALL- 15 GUTIERREZ 16 By: /s/: Gregory Peacock________________ 17 GREGORY PEACOCK 18 JAMES P. SEGALL-GUTIERREZ Attorneys for Plaintiff MICHAEL LOPEZ 19

20 DATED: December 28, 2021 CARPENTER, ROTHANS & DUMONT LLP 21

22 By: /s/: Jonathan D. Redford_________________ STEVEN J. ROTHANS 23 JONATHAN D. REDFORD 24 Attorneys for Defendants

25 26 Pursuant to Central District Local Rule 5-4.3.4(a)(2)(i), the filer of this 27 document attests that all other signatories listed, and on whose behalf the filing is 28 submitted, concur in the filing’s content and have authorized the filing. 15 STIPULATED PROTECTIVE ORDER Case 2:41-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 16o0f17 Page ID #:152

1 Order 3 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. : Date: January 25, 2022 Use. A Keinbing, Honorable Alicia G. Rosenberg 6 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER

Case 2:21-cv-00833-ODW-AGR Document 21 Filed 01/25/22 Page 17 of 17 Page ID #:153

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 that 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of Michael Lopez. v. City of El Monte, et al. (U.S.D.C. Case No. 8 2:21-cv-00833-ODW-AGR). I agree to comply with and to be bound by all the terms 9 of this Stipulated Protective Order and I understand and acknowledge that failure to 10 so 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 that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [print 18 or type full name] of _______________________________________ [print or type 19 full address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 17 STIPULATED PROTECTIVE ORDER