Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 1 of 16 Page ID #:169

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 NORVELL FOBI, an individual, CASE NO. CV20-05288 FLA (Ex) Hon. Fernando L. Aenlle-Rocha, Crtm 6B 12 Plaintiff, Mag. Charles F. Eick, Ctrm 750, 7th Floor 13 vs. ___________ [PROPOSED] STIPULATED 14 CITY OF LOS ANGELES, a PROTECTIVE ORDER municipal entity, OFFICER WINDLE 15 HAWKINS, an individual; OFFICER RUDY LUCERO, an individual; and 16 DOES 1 through 10, inclusive, 17 Defendants. 18 19 20 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, proprietary, 23 or private information for which special protection from public disclosure and from use 24 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 25 parties hereby stipulate to and petition the Court to enter the following Stipulated 26 Protective Order. The parties acknowledge that this Stipulated Protective Order does not 27 confer blanket protections on all disclosures or responses to discovery and that the 28 protection it affords from public disclosure and use extends only to the limited information 1 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 2 of 16 Page ID #:170

1 or items that are entitled to confidential treatment under the applicable legal principles. 2 The parties further acknowledge, as set forth in Section 13.3 below, that this Stipulated 3 Protective Order does not entitle them to file confidential information under seal; Civil 4 Local Rule 79-5 sets forth the procedures that must be followed and the standards that will 5 be applied when a party seeks permission from the Court to file material under seal. 6 7 2. GOOD CAUSE STATEMENT 8 This action involves the City of Los Angeles and members of the Los Angeles 9 Police Department. Plaintiffs are seeking materials and information that Defendants the 10 City of Los Angeles et al. (“City”) maintain as confidential, such as personnel files of the 11 police officers involved in this incident, Internal Affairs materials and information, video 12 recordings, audio recordings, photographs, Force Investigation Division materials and 13 information and other administrative materials and information currently in the possession 14 of the City and which the City believes need special protection from public disclosure and 15 from use for any purpose other than prosecuting this litigation. Plaintiffs are also seeking 16 official information contained in the personnel files of the police officers involved in the 17 subject incident, which the City maintains as strictly confidential and which the City 18 believes need special protection from public disclosure and from use for any purpose other 19 than prosecuting this litigation. 20 The City asserts that the confidentiality of the materials and information sought by 21 Plaintiffs is recognized by California and federal law, as evidenced inter alia by California 22 Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal.,

, 23 198 (9th Cir. 1975), aff'd,

(1976). The City has not publicly released the 24 materials and information referenced above except under protective order or pursuant to 25 a court order, if at all. These materials and information are of the type that has been used 26 to initiate disciplinary action against Los Angeles Police Department (“LAPD”) officers, 27 and has been used as evidence in disciplinary proceedings, where the officers’ conduct 28 was considered to be contrary to LAPD policy. 2 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 3 of 16 Page ID #:171

1 The City contends that absent a protective order delineating the responsibilities of 2 nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary and 3 undue disclosure by one or more of the many attorneys, secretaries, law clerks, paralegals 4 and expert witnesses involved in this case, as well as the corollary risk of embarrassment, 5 harassment and professional and legal harm on the part of the LAPD officers referenced 6 in the materials and information. 7 The City also contends that the unfettered disclosure of the materials and 8 information, absent a protective order, would allow the media to share this information 9 with potential jurors in the area, impacting the rights of the City herein to receive a fair 10 trial. 11 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 12 of disputes over confidentiality of discovery materials, to adequately protect information 13 the parties are entitled to keep confidential, to ensure that the parties are permitted 14 reasonable necessary uses of such material in preparation for and in the conduct of trial, 15 to address their handling at the end of the litigation, and serve the ends of justice, a 16 protective order for such information is justified in this matter. It is the intent of the parties 17 that information will not be designated as confidential for tactical reasons and that nothing 18 be so designated without a good faith belief that it has been maintained in a confidential, 19 non-public manner, and there is good cause why it should not be part of the public record 20 of this case. 21 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve the 22 respective interests of the parties while streamlining the process of resolving any 23 disagreements. 24 The parties therefore stipulate that there is Good Cause for, and hereby jointly 25 request that the honorable Court issue a Protective Order regarding confidential 26 documents consistent with the terms and provisions of this Stipulation. However, the entry 27 of a Protective Order by the Court pursuant to this Stipulation shall not be construed as 28 3 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 4 of 16 Page ID #:172

1 any ruling by the Court on the aforementioned legal statements or privilege claims in this 2 section, no shall this section be construed as part of any such Court Order. 3 4 3. DEFINITIONS 5 3.1 Action: This pending federal lawsuit, Norvell Fobi, v. City of Los Angeles, et 6 al. CV20-05288 FLA (Ex) 7 3.2 Challenging Party: a Party or Non-Party that challenges the designation of 8 information or items under this Order. 9 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of how 10 it is generated, stored or maintained) or tangible things that qualify for protection under 11 Federal Rule of Civil Procedure 26(c), and/or applicable federal privileges, and as 12 specified above in the Good Cause Statement. This also includes (1) any information 13 copied or extracted from the Confidential information; (2) all copies, excerpts, summaries, 14 abstracts or compilations of Confidential information; and (3) any testimony, 15 conversations, or presentations that might reveal Confidential information. 16 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 17 support staff), including counsel of record for the parties to this civil litigation and their 18 support staff. 19 3.5 Designating Party: A Party or Nonparty that designates information or items 20 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 21 3.6 Disclosure or Discovery Material: All items or information, regardless of 22 the medium or manner in which it is generated, stored, or maintained (including, among 23 other things, testimony, transcripts, and tangible things), that are produced or generated in 24 disclosures or responses to discovery by any Party in this matter. 25 3.7 Expert: A person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 27 expert witness or as a consultant in this Action. 28 4 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 5 of 16 Page ID #:173

1 3.8 Final Disposition: when this Action has been fully and completely terminated 2 by way of settlement, dismissal, trial, appeal and/or remand to state court. 3 3.9 House Counsel: Attorneys who are employees of a party to this Action. 4 House Counsel does not include Outside Counsel of Record or any other outside counsel. 5 3.10 Non-party: Any natural person, partnership, corporation, association or other 6 legal entity not named as a Party to this action. 7 3.11 Outside Counsel of Record: Attorneys who are not employees of a party to 8 this Action but are retained to represent or advise a party to this Action and have appeared 9 in this Action on behalf of that party or are affiliated with a law firm that has appeared on 10 behalf of that party, and includes support staff. 11 3.12 Party: Any party to this Action, including all of its officers, directors, boards, 12 departments, divisions, employees, consultants, retained experts, House Counsel, and 13 Outside Counsel of Record (and their support staffs). 14 3.13 Producing Party: A Party or Nonparty that produces Disclosure or Discovery 15 Material in this Action, including a Party that is defending a deposition noticed or 16 subpoenaed by another Party. 17 3.14 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) and 20 their employees and subcontractors. 21 3.15 Protected Material: Any Disclosure or Discovery Material that is designated 22 as “CONFIDENTIAL.” (The term “Confidential Document” shall be synonymous with 23 the term “Protected Material” for the purposes of this Stipulation and any associated 24 Protective Order.) 25 3.16 Receiving Party: A Party that receives Disclosure or Discovery Material 26 from a Producing Party, including a Party that has noticed or subpoenaed and is taking a 27 deposition or comparable testimony. 28 5 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 6 of 16 Page ID #:174

1 4. SCOPE 2 The protections conferred by this Stipulated and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, abstracts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 6 their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the trial 8 judge. This Order does not govern the use of Protected Material at trial. 9 10 5. DURATION 11 Even after Final Disposition, as set forth in Section 3.8 above, of this litigation, the 12 confidentiality obligations imposed by this Order shall remain in effect until a Designating 13 Party agrees otherwise in writing or a court order otherwise directs. Final disposition of 14 this pending federal Action shall be deemed to be the later of (1) dismissal of all claims 15 and defenses in this Action, with or without prejudice; and (2) final judgment herein after 16 the completion and exhaustion of all appeals, rehearings, remands (as it relates to appeals 17 of this federal Action), trials, or reviews of this Action, including the time limits for filing 18 any motions or applications for extension of time pursuant to applicable law. 19 20 6. DESIGNATING PROTECTED MATERIAL 21 6.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Nonparty that designates information or items for protection under 23 this Order must take care to limit any such designation to specific material that qualifies 24 under the appropriate standards. The Designating Party must designate for protection only 25 those parts of material, documents, items or oral or written communications that qualify 26 so that other portions of the material, documents, items or communications for which 27 protection is not warranted are not swept unjustifiably within the ambit of this Order. 28 6 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 7 of 16 Page ID #:175

1 Mass, indiscriminate or routinized designations are prohibited. Designations that 2 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 3 to unnecessarily encumber the case development process or to impose unnecessary 4 expenses and burdens on other parties) may expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it 6 designated for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 6.2 Manner and Timing of Designations. Except as otherwise provided in this 9 Order(see, e.g., second paragraph of section 6.2(a) below), or as otherwise stipulated or 10 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 11 must be clearly so designated before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic documents, but 14 excluding transcripts of depositions or other pretrial or trial proceedings), that the 15 Producing Party affix at a minimum, the legend “CONFIDENTIAL” of a similar effect, 16 and that includes the case name and case number (hereinafter “CONFIDENTIAL 17 legend”), to each page that contains protected material. If only a portion of the material 18 on a page qualifies for protection, the Producing Party also must clearly identify the 19 protected portion(s) (e.g., by making appropriate markings in the margins). 20 A Party or Nonparty that makes original documents available for inspection 21 need not designate them for protection until after the inspecting Party has indicated which 22 documents it would like copied and produced. During the inspection and before the 23 designation, all of the material made available for inspection shall be deemed 24 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 25 copied and produced, the Producing Party must determine which documents, or portions 26 thereof, qualify for protection under this Order. Then, before producing the specified 27 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 28 that contains Protected Material. If only a portion of the material on a page qualifies for 7 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 8 of 16 Page ID #:176

1 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 2 making appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party identifies 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 any 7 other tangible items, that the Producing Party affix in a prominent place on the exterior of 8 the container or containers in which the information is stored the legend 9 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 10 the Producing Party, to the extent practicable, shall identify the protected portion(s). 11 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive the 13 Designating Party’s right to secure protection under this Order for such material. Upon 14 timely correction of a designation, the Receiving Party must make reasonable efforts to 15 assure that the material is treated in accordance with the provisions of this Order. 16 6.4 Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall 17 not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove a 18 “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any other 19 action so as to make it appear that Protected Material is not subject to the terms and 20 provisions of this Stipulation and its associated Order. However, nothing in this section 21 shall be construed so as to prevent a Receiving Party from challenging a confidentiality 22 designation subject to the provisions of section 7, infra. 23 24 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 7.1 Timing of Challenges. Any Party or Nonparty may challenge a designation 26 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 27 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 28 process under Local Rule 37.1 et seq. 8 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 9 of 16 Page ID #:177

1 7.3 Burden of Persuasion. The burden of persuasion in any such challenge 2 proceeding shall be on the Designating Party. Frivolous challenges, and those made for 3 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating Party has 5 waived or withdrawn the confidentiality designation, all parties shall continue to afford 6 the material in question the level of protection to which it is entitled under the Producing 7 Party’s designation until the Court rules on the challenge. 8 9 8. ACCESS TO AND USE OF PROTECTED MATERIAL 10 8.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Nonparty in connection with this Action 12 only for prosecuting, defending or attempting to settle this Action. Such Protected 13 Material may be disclosed only to the categories of persons and under the conditions 14 described in this Order. When the Action has been terminated, a Receiving Party must 15 comply with the provisions of section 14 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons authorized 18 under this Order. 19 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 22 only to: 23 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as 24 employees of said Outside Counsel of Record to whom it is reasonably necessary to 25 disclose the information for this Action; 26 (b) The officers, directors, and employees (including House Counsel) of the 27 Receiving Party to whom disclosure is reasonably necessary for this Action; 28 9 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 10 of 16 Page ID #:178

1 (c) Experts of the Receiving Party to whom disclosure is reasonably necessary for 2 this Action and who have signed the “Acknowledgment and Agreement to Be Bound” 3 (Exhibit A); 4 (d) The Court and its personnel; 5 (e) Court reporters and their staff; 6 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to 7 whom disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) The author or recipient of a document containing the information or a custodian 10 or other person who otherwise possessed or knew the information; 11 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action 12 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that 13 the witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) 14 they will not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the 16 Designating Party or ordered by the Court. Pages of transcribed deposition testimony or 17 exhibits to depositions that reveal Protected Material may be separately bound by the court 18 reporter and may not be disclosed to anyone except as permitted under this Stipulated 19 Protective Order; and 20 (i) Any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions and who 22 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 23 8.3. Retention of Signed Agreement to Be Bound (Exhibit A). Counsel making 24 the disclosure to any qualified person described herein shall retain the original executed 25 copy of the “Acknowledgment and Agreement to Be Bound” (Exhibit A) until sixty (60) 26 days after this litigation has become final, including any appellate review, and monitoring 27 of an injunction. Counsel for the Receiving Party shall maintain all signed Nondisclosure 28 Agreements and shall produce the original signature page upon reasonable written notice 10 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 11 of 16 Page ID #:179

1 from opposing counsel. If an issue arises regarding a purported unauthorized disclosure 2 of Confidential Information, upon noticed motion of contempt filed by the Designating 3 Party, counsel for the Receiving Party may be required to file the signed 4 “Acknowledgment and Agreement to Be Bound”, as well as a list of the disclosed 5 materials, in camera with the Court having jurisdiction of the Stipulation. 6 7 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 8 OTHER LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation that 10 compels disclosure of any information or items designated in this Action as 11 “CONFIDENTIAL,” that Party must: 12 (a) Promptly notify in writing the Designating Party. Such notification shall 13 include a copy of the subpoena or court order; 14 (b) Promptly notify in writing the party who caused the subpoena or order to issue 15 in the other litigation that some or all of the material covered by the subpoena or order is 16 subject to this Stipulated Protective Order. Such notification shall include a copy of this 17 Stipulated Protective Order; and 18 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 19 Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with the 21 subpoena or court order shall not produce any information designated in this action as 22 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 23 issued, unless the Party has obtained the Designating Party’s permission. The Designating 24 Party shall bear the burden and expense of seeking protection in that court of its 25 confidential material and nothing in these provisions should be construed as authorizing 26 or encouraging a Receiving Party in this Action to disobey a lawful directive from another 27 court. 28 11 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 12 of 16 Page ID #:180

1 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 10.1 Application. The terms of this Stipulated Protective Order are applicable to 4 information produced by a Non-Party in this Action and designated as 5 “CONFIDENTIAL.” Such information produced by Non-parties in connection with this 6 litigation is protected by the remedies and relief provided by this Stipulated Protective 7 Order. Nothing in these provisions should be construed as prohibiting a Non-party from 8 seeking additional protections. 9 10.2 Notification. In the event that a Party is required, by a valid discovery request, 10 to produce a Non-party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-party not to produce the Non-party’s confidential 12 information, then the Party shall: 13 (1) Promptly notify in writing the Requesting Party and the Non-party that some 14 or all of the information requested is subject to a confidentiality agreement with a Non- 15 party; 16 (2) Promptly provide the Non-party with a copy of the Stipulated Protective Order 17 in this Action, the relevant discovery request(s), and a reasonably specific description of 18 the information requested; and 19 (3) Make the information requested available for inspection by the Non-party, if 20 requested. 21 10.3 Conditions of Production. If the Non-party fails to seek a protective order 22 from this Court within fourteen (14) days of receiving the notice and accompanying 23 information, the Receiving Party may produce the Non-party’s confidential information 24 responsive to the discovery request. If the Non-party timely seeks a protective order, the 25 Receiving Party shall not produce any information in its possession or control that is 26 subject to the confidentiality agreement with the Non-party before a determination by the 27 Court. Absent a court order to the contrary, the Non-party shall bear the burden and 28 expense of seeking protection in this court of its Protected Material. 12 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 13 of 16 Page ID #:181

1 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 5 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 6 all unauthorized copies of the Protected Material, (c) inform the person or persons to 7 whom unauthorized disclosures were made of all the terms of this Stipulated Protective 8 Order, and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” (Exhibit A). 10 11 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain inadvertently 14 produced material is subject to a claim of privilege or other protection, the obligations of 15 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 16 This provision is not intended to modify whatever procedure may be established in an e- 17 discovery order that provides for production without prior privilege review. Pursuant to 18 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 19 effect of disclosure of a communication or information covered by the attorney-client 20 privilege or work product protection, the parties may incorporate their agreement in the 21 Stipulated Protective Order submitted to the Court. 22 23 13. MISCELLANEOUS 24 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order abridges 25 the right of any person to seek its modification by the Court in the future. 26 13.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Stipulated Protective Order, no Party waives any right it otherwise would have to object 28 to disclosing or producing any information or item on any ground not addressed in this 13 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 14 of 16 Page ID #:182

1 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 2 to use in evidence of any of the material covered by this Stipulated Protective Order. 3 13.3 Filing Protected Material. A Party that seeks to file under seal any Protected 4 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 5 under seal pursuant to a court order authorizing the sealing of the specific Protected 6 Material at issue. If a Party’s request to file Protected Material under seal is denied by the 7 court, then the Receiving Party may file the information in the public record unless 8 otherwise instructed by the Court. 9 10 14. FINAL DISPOSITION 11 After the FINAL DISPOSITION of this Action, as defined in paragraph 3.8, within 12 sixty (60) days of a written request by the Designating Party, each Receiving Party must 13 return all Protected Material to the Producing Party. As used in this subdivision, “all 14 Protected Material” includes all copies, abstracts, compilations, summaries, and any other 15 format reproducing or capturing any of the Protected Material. The Receiving Party must 16 submit a written certification to the Producing Party (and, if not the same person or entity, 17 to the Designating Party) by the 60-day deadline that (1) identifies (by category, where 18 appropriate) all the Protected Material that was returned and (2) affirms that the Receiving 19 Party has not retained any copies, abstracts, compilations, summaries or any other format 20 reproducing or capturing any of the Protected Material. Notwithstanding this provision, 21 Counsel is entitled to retain an archival copy of all pleadings; motion papers; trial, 22 deposition, and hearing transcripts; legal memoranda; correspondence; deposition and 23 trial exhibits; expert reports; attorney work product; and consultant and expert work 24 product, even if such materials contain Protected Material. Any such archival copies that 25 contain or constitute Protected Material remain subject to this Stipulated Protective Order 26 as set forth in Section 5 (DURATION). 27 / / / 28 / / / 14 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 15 of 16 Page ID #:183

1 15. VIOLATION 2 Any violation of this Stipulated Protective Order may be punished by any and all 3 appropriate measures including, without limitation, contempt proceedings and/or 4 monetary sanctions. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 7 8 Dated: March 14, 2022 THE COCHRAN FIRM CALIFORNIA 9 By: /s/ Brian T. Dunn 10 BRIAN T. DUNN EDWARD M. LYMAN 11 Attorneys for Plaintiff NORVELL FOBI 12 13 Dated: March 14, 2022 MICHAEL N. FEUER, City Attorney SCOTT MARCUS, Chief Asst. City Attorney 14 CORY M. BRENTE,Senior Asst. City Attorney 15 By: /s/ Colleen R. Smith 16 COLLEEN R. SMITH, Deputy City Attorney Attorneys for Defendants, CITY OF LOS 17 ANGELES, et al. 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 Dated: 3/15/22 /s/ CHARLES F. EICK HONORABLE CHARLES F. EICK 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER Case 2:20-cv-05288-FLA-E Document 38 Filed 03/15/22 Page 16 of 16 Page ID #:184

1 ATTACHMENT “A” 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 4 I, [full name], of 5 [address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States District 7 Court for the Central District of California on [date] in the case of Norvell 8 Fobi, et al. v. City of Los Angeles, et al, United States District Court for the Central District 9 of California, Central Division, Case No. CV20-05288 FLA (Ex). I agree to comply with 10 and to be bound by all the terms of this Stipulated Protective Order, and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment in 12 the nature of contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person or 14 entity except in strict compliance with the provisions of this Stipulated Protective Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint [full name] of 19 [address and telephone number] as my California agent for 20 service of process in connection with this action or any proceedings related to enforcement 21 of this Stipulated Protective Order. 22 23 Signature: 24 Printed Name: 25 Date: 26 City and State Where Sworn and Signed: 27 28 16 STIPULATED PROTECTIVE ORDER