A.R.L. v. City of Fullerton

Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 1 of 16 Page ID #:132

88 UNITED STATES DISTRICT COURT 99 CENTRAL DISTRICT OF CALIFORNIA 1100 A.R.L., a minor, individually and as Case No. 21-cv-00929 FWS (JDE) Successor in Interest to JESUS Judge: Hon. Fred W. Slaughter 1111 ESTRADA LEON, deceased, by and Magistrate: Hon. John D. Early through her Guardian Ad Litem, 1122 YAKENZY MARTINEZ, STIPULATED PROTECTIVE 1133 Plaintiff, ORDER 1144 v. CITY OF FULLERTON, a municipal 1155 entity; and DOES 1 through 10, inclusive, 1166 Defendants.

1177 1188 Based on the parties’ Stipulation (Dkt. 25), and for good cause shown 1199 therein, the Court finds and orders as follows.

2200 1. PURPOSES AND LIMITATIONS 2211 Discovery in this action is likely to involve production of confidential, 2222 proprietary or private information for which special protection from public 2233 disclosure and from use for any purpose other than pursuing this litigation may be 2244 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 2255 enter the following Stipulated Protective Order. The parties acknowledge that this 2266 Order does not confer blanket protections on all disclosures or responses to 2277 discovery and that the protection it affords from public disclosure and use extends 2288 -1- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 2 of 16 Page ID #:133 only to the limited information or items that are entitled to confidential treatment under the applicable legal principles.

33 2. GOOD CAUSE STATEMENT 44 The Parties represent that pre-trial discovery in this case is likely to include the production of information and/or documents that are confidential and/or privileged including the production of peace officer personnel file information and/or documents which the Parties agree includes: (1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information; (2) Medical history; (3) Election of employee 1100 benefits; (4) Employee advancement, appraisal, or discipline; and (5) Complaints, 1111 or investigations of complaints, concerning an event or transaction in which a 1122 peace officer participated, or which a peace officer perceived, and pertaining to the 1133 manner in which the peace officer performed his or her duties including compelled 1144 statements by peace officers. Defendant contends that such information is 1155 privileged as official information. Sanchez v. City of Santa Ana, 936 F.2d 1027, 1166 1033 (9th Cir. Cal. 1990); see also Kerr v. United States Dist. Ct. for N.D. Cal., 1177 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 1188 725 (1976). Further, discovery may require the production of certain Fullerton 1199 Police Department Policies and Procedures not available to the public and the 2200 public disclosure of which could comprise officer safety, raise security issues, 2211 and/or impede investigations. Peace officer personnel file information and/or 2222 documents and security-sensitive policies and procedures are hereinafter referred 2233 to as "Confidential Information" or “Protected Information”.

2244 Defendant contends that that public disclosure of such material poses a 2255 substantial risk of embarrassment, oppression and/or physical harm to peace 2266 officers whose Confidential Information is disclosed. The Parties further agree that 2277 the risk of harm to peace officers is greater than with other government employees 2288 due to the nature of their profession. Finally, the Defendants contend that the -2- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 3 of 16 Page ID #:134 benefit of public disclosure of Confidential Information is minimal while the potential disadvantages are great. Thus, good cause exists for entry of this Protective Order to facilitate pre-trial disclosure while assuring the safety of these sensitive disclosures. See Fed. R. Civ. Proc. 26(c).

55 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and 1100 serve the ends of justice, a protective order for such information is justified in this 1111 matter. It is the intent of the parties that information will not be designated as 1122 confidential for tactical reasons and that nothing be so designated without a good 1133 faith belief that it has been maintained in a confidential, non-public manner, and 1144 there is good cause why it should not be part of the public record of this case.

1155 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 1166 The parties further acknowledge, as set forth in Section 14.3, below, that this 1177 Stipulated Protective Order does not entitle them to file confidential information 1188 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 1199 and the standards that will be applied when a party seeks permission from the court 2200 to file material under seal. There is a strong presumption that the public has a right 2211 of access to judicial proceedings and records in civil cases. In connection with non- 2222 dispositive motions, good cause must be shown to support a filing under seal. See 2233 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 2244 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 2255 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 2266 stipulated protective orders require good cause showing), and a specific showing of 2277 good cause or compelling reasons with proper evidentiary support and legal 2288 justification, must be made with respect to Protected Material that a party seeks to -3- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 4 of 16 Page ID #:135 file under seal. The parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL does not— without the submission of competent evidence by declaration, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause.

55 Further, if a party requests sealing related to a dispositive motion or trial, then compelling reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed 1100 or introduced under seal, the party seeking protection must articulate compelling 1111 reasons, supported by specific facts and legal justification, for the requested sealing 1122 order. Again, competent evidence supporting the application to file documents 1133 under seal must be provided by declaration.

1144 Any document that is not confidential, privileged, or otherwise protectable 1155 in its entirety will not be filed under seal if the confidential portions can be 1166 redacted. If documents can be redacted, then a redacted version for public viewing, 1177 omitting only the confidential, privileged, or otherwise protectable portions of the 1188 document, shall be filed. Any application that seeks to file documents under seal in 1199 their entirety should include an explanation of why redaction is not feasible.

2200 4. DEFINITIONS 2211 4.1 Action: A.R.L., a minor, individually and as Successor in Interest to 2222 JESUS ESTRADA LEON, deceased, by and through her Guardian Ad Litem, 2233 YAKENZY MARTINEZ v. CITY OF FULLERTON USDC Case No.: 21-cv- 2244 00929 FWS (JDE).

2255 4.2 Challenging Party: a Party or Non-Party that challenges the 2266 designation of information or items under this Order.

2277 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 2288 how it is generated, stored or maintained) or tangible things that qualify for -4- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 5 of 16 Page ID #:136 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

33 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).

55 4.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

88 4.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 1100 among other things, testimony, transcripts, and tangible things), that are produced 1111 or generated in disclosures or responses to discovery.

1122 4.7 Expert: a person with specialized knowledge or experience in a matter 1133 pertinent to the litigation who has been retained by a Party or its counsel to serve 1144 as an expert witness or as a consultant in this Action.

1155 4.8 House Counsel: attorneys who are employees of a party to this 1166 Action. House Counsel does not include Outside Counsel of Record or any other 1177 outside counsel.

1188 4.9 Non-Party: any natural person, partnership, corporation, association or 1199 other legal entity not named as a Party to this action.

2200 4.10 Outside Counsel of Record: attorneys who are not employees of a 2211 party to this Action but are retained to represent a party to this Action and have 2222 appeared in this Action on behalf of that party or are affiliated with a law firm that 2233 has appeared on behalf of that party, and includes support staff.

2244 4.11 Party: any party to this Action, including all of its officers, directors, 2255 employees, consultants, retained experts, and Outside Counsel of Record (and their 2266 support staffs).

2277 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 2288 Discovery Material in this Action. -5- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 6 of 16 Page ID #:137 11 4.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.

55 4.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.”

77 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

99 5. SCOPE 1100 The protections conferred by this Stipulation and Order cover not only 1111 Protected Material (as defined above), but also (1) any information copied or 1122 extracted from Protected Material; (2) all copies, excerpts, summaries, or 1133 compilations of Protected Material; and (3) any testimony, conversations, or 1144 presentations by Parties or their Counsel that might reveal Protected Material.

1155 Any use of Protected Material at trial shall be governed by the orders of the 1166 trial judge and other applicable authorities. This Order does not govern the use of 1177 Protected Material at trial.

1188 6. DURATION 1199 Once a case proceeds to trial, information that was designated as 2200 CONFIDENTIAL or maintained pursuant to this protective order used or 2211 introduced as an exhibit at trial becomes public and will be presumptively 2222 available to all members of the public, including the press, unless compelling 2233 reasons supported by specific factual findings to proceed otherwise are made to the 2244 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 2255 (distinguishing “good cause” showing for sealing documents produced in 2266 discovery from “compelling reasons” standard when merits-related documents are 2277 part of court record). Accordingly, the terms of this protective order do not extend 2288 beyond the commencement of the trial. -6- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 7 of 16 Page ID #:138 7. DESIGNATING PROTECTED MATERIAL 22 7.1 Exercise of Restraint and Care in Designating Material for Protection.

33 Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items or oral or written communications that qualify so that other portions of the material, documents, items or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.

1100 Mass, indiscriminate or routinized designations are prohibited. Designations 1111 that are shown to be clearly unjustified or that have been made for an improper 1122 purpose (e.g., to unnecessarily encumber the case development process or to 1133 impose unnecessary expenses and burdens on other parties) may expose the 1144 Designating Party to sanctions.

1155 If it comes to a Designating Party’s attention that information or items that it 1166 designated for protection do not qualify for protection, that Designating Party must 1177 promptly notify all other Parties that it is withdrawing the inapplicable designation.

1188 7.2 Manner and Timing of Designations. Except as otherwise provided in 1199 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 2200 that qualifies for protection under this Order must be clearly so designated before 2211 the material is disclosed or produced.

2222 Designation in conformity with this Order requires: 2233 (a) for information in documentary form (e.g., paper or electronic 2244 documents, but excluding transcripts of depositions or other pretrial or trial 2255 proceedings), that the Producing Party affix at a minimum, the legend 2266 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 2277 contains protected material. If only a portion of the material on a page qualifies for 2288 protection, the Producing Party also must clearly identify the protected portion(s) -7- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 8 of 16 Page ID #:139 (e.g., by making appropriate markings in the margins).

22 A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order.

99 Then, before producing the specified documents, the Producing Party must affix 1100 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 1111 only a portion of the material on a page qualifies for protection, the Producing 1122 Party also must clearly identify the protected portion(s) (e.g., by making 1133 appropriate markings in the margins).

1144 (b) for testimony given in depositions that the Designating Party 1155 identifies the Disclosure or Discovery Material on the record, before the close of 1166 the deposition all protected testimony.

1177 (c) for information produced in some form other than documentary 1188 and for any other tangible items, that the Producing Party affix in a prominent 1199 place on the exterior of the container or containers in which the information is 2200 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 2211 information warrants protection, the Producing Party, to the extent practicable, 2222 shall identify the protected portion(s).

2233 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2244 failure to designate qualified information or items does not, standing alone, waive 2255 the Designating Party’s right to secure protection under this Order for such 2266 material. Upon timely correction of a designation, the Receiving Party must make 2277 reasonable efforts to assure that the material is treated in accordance with the 2288 provisions of this Order. -8- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 9 of 16 Page ID #:140 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 8.1. Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order.

55 8.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq.

77 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2.

99 8.4 The burden of persuasion in any such challenge proceeding shall be on 1100 the Designating Party. Frivolous challenges, and those made for an improper 1111 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 1122 parties) may expose the Challenging Party to sanctions. Unless the Designating 1133 Party has waived or withdrawn the confidentiality designation, all parties shall 1144 continue to afford the material in question the level of protection to which it is 1155 entitled under the Producing Party’s designation until the Court rules on the 1166 challenge.

1177 9. ACCESS TO AND USE OF PROTECTED MATERIAL 1188 9.1 Basic Principles. A Receiving Party may use Protected Material that is 1199 disclosed or produced by another Party or by a Non-Party in connection with this 2200 Action only for prosecuting, defending or attempting to settle this Action. Such 2211 Protected Material may be disclosed only to the categories of persons and under 2222 the conditions described in this Order. When the Action has been terminated, a 2233 Receiving Party must comply with the provisions of section 15 below (FINAL 2244 DISPOSITION).

2255 Protected Material must be stored and maintained by a Receiving Party at a 2266 location and in a secure manner that ensures that access is limited to the persons 2277 authorized under this Order.

2288 / / / -9- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 10 of 16 Page ID #:141 11 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: 55 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; 88 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 1100 (c) Experts (as defined in this Order) of the Receiving Party to whom 1111 disclosure is reasonably necessary for this Action and who have signed the 1122 “Acknowledgment and Agreement to Be Bound” (Exhibit A) 1133 (d) the court and its personnel; 1144 (e) court reporters and their staff; 1155 (f) professional jury or trial consultants, mock jurors, and Professional 1166 Vendors to whom disclosure is reasonably necessary for this Action and who have 1177 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1188 (g) the author or recipient of a document containing the information or 1199 a custodian or other person who otherwise possessed or knew the information; 2200 (h) during their depositions, witnesses, and attorneys for witnesses, in 2211 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 2222 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 2233 they will not be permitted to keep any confidential information unless they sign the 2244 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2255 agreed by the Designating Party or ordered by the court. Pages of transcribed 2266 deposition testimony or exhibits to depositions that reveal Protected Material may 2277 be separately bound by the court reporter and may not be disclosed to anyone 2288 except as permitted under this Stipulated Protective Order; and -10- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 11 of 16 Page ID #:142 11 (i) any mediators or settlement officers and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions.

33 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 44 IN OTHER LITIGATION 55 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must: 88 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 1100 (b) promptly notify in writing the party who caused the subpoena or 1111 order to issue in the other litigation that some or all of the material covered by the 1122 subpoena or order is subject to this Protective Order. Such notification shall 1133 include a copy of this Stipulated Protective Order; and 1144 (c) cooperate with respect to all reasonable procedures sought to be 1155 pursued by the Designating Party whose Protected Material may be affected. If the 1166 Designating Party timely seeks a protective order, the Party served with the 1177 subpoena or court order shall not produce any information designated in this action 1188 as “CONFIDENTIAL” before a determination by the court from which the 1199 subpoena or order issued, unless the Party has obtained the Designating Party’s 2200 permission. The Designating Party shall bear the burden and expense of seeking 2211 protection in that court of its confidential material and nothing in these provisions 2222 should be construed as authorizing or encouraging a Receiving Party in this Action 2233 to disobey a lawful directive from another court.

2244 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2255 PRODUCED IN THIS LITIGATION 2266 (a) The terms of this Order are applicable to information produced by 2277 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 2288 information produced by Non-Parties in connection with this litigation is protected -11- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 12 of 16 Page ID #:143 by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections.

44 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 88 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality 1100 agreement with a Non-Party; 1111 (2) promptly provide the Non-Party with a copy of the Stipulated 1122 Protective Order in this Action, the relevant discovery request(s), and a reasonably 1133 specific description of the information requested; and 1144 (3) make the information requested available for inspection by the 1155 Non-Party, if requested.

1166 (c) If the Non-Party fails to seek a protective order from this court 1177 within 14 days of receiving the notice and accompanying information, the 1188 Receiving Party may produce the Non-Party’s confidential information responsive 1199 to the discovery request. If the Non-Party timely seeks a protective order, the 2200 Receiving Party shall not produce any information in its possession or control that 2211 is subject to the confidentiality agreement with the Non-Party before a 2222 determination by the court. Absent a court order to the contrary, the Non-Party 2233 shall bear the burden and expense of seeking protection in this court of its 2244 Protected Material.

2255 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2266 If a Receiving Party learns that, by inadvertence or otherwise, it has 2277 disclosed Protected Material to any person or in any circumstance not authorized 2288 under this Stipulated Protective Order, the Receiving Party must immediately (a) -12- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 13 of 16 Page ID #:144 notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A.

66 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 77 PROTECTED MATERIAL 88 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other 1100 protection, the obligations of the Receiving Parties are those set forth in Federal 1111 Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 1122 whatever procedure may be established in an e-discovery order that provides for 1133 production without prior privilege review. Pursuant to Federal Rule of Evidence 1144 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 1155 of a communication or information covered by the attorney-client privilege or 1166 work product protection, the parties may incorporate their agreement in the 1177 stipulated protective order submitted to the court.

1188 14. MISCELLANEOUS 1199 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 2200 person to seek its modification by the Court in the future.

2211 14.2 Right to Assert Other Objections. By stipulating to the entry of this 2222 Order, no Party waives any right it otherwise would have to object to disclosing or 2233 producing any information or item on any ground not addressed in this Stipulated 2244 Protective Order. Similarly, no Party waives any right to object on any ground to 2255 use in evidence of any of the material covered by this Order.

2266 14.3 Filing Protected Material. A Party that seeks to file under seal any 2277 Protected Material must comply with Local Civil Rule 79-5. Protected Material 2288 may only be filed under seal pursuant to a court order authorizing the sealing of the -13- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page14o0f16 Page |ID#:145 || specific Protected Material. If a Party’s request to file Protected Material under || seal is denied by the court, then the Receiving Party may file the information in the || public record unless otherwise instructed by the court.

4] 15. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 6, within | 60 days of a written request by the Designating Party, each Receiving Party must || return all Protected Material to the Producing Party or destroy such material. As || used in this subdivision, “all Protected Material” includes all copies, abstracts, || compilations, summaries, and any other format reproducing or capturing any of the || Protected Material. Whether the Protected Material is returned or destroyed, the || Receiving Party must submit a written certification to the Producing Party (and, if || not the same person or entity, to the Designating Party) by the 60-day deadline that || (1) identifies (by category, where appropriate) all the Protected Material that was || returned or destroyed and (2) affirms that the Receiving Party has not retained any || copies, abstracts, compilations, summaries or any other format reproducing or || capturing any of the Protected Material. Notwithstanding this provision, Counsel || are entitled to retain an archival copy of all pleadings, motion papers, trial, || deposition, and hearing transcripts, legal memoranda, correspondence, deposition | and trial exhibits, expert reports, attorney work product, and consultant and expert || work product, even if such materials contain Protected Material. Any such archival || copies that contain or constitute Protected Material remain subject to this || Protective Order as set forth in Section 6 (DURATION).

23 16. VIOLATION 24 Any violation of this Order may be punished by appropriate measures || including, without limitation, contempt proceedings and/or monetary sanctions.

26 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

27 | DATED: April 26, 2022 f LL 4 3g J D. EARLY nited States Magistrate Judge —_—————srPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 15 of 16 Page ID #:146 11 EXHIBIT "A"TO STIPULATED PROTECTIVE ORDER UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA A.R.L., a minor, individually and as Case No: 21-CV-00929 FWS (JDE) Successor in Interest to JESUS ESTRADA LEON, deceased, by and ACKNOWLEDGMENT AND through her Guardian Ad Litem, AGREEMENT TO BE BOUND YAKENZY MARTINEZ, CONCERNING INFORMATION 77 COVERED BY STIPULATED Plaintiff, PROTECTIVE ORDER v. CITY OF FULLERTON, a municipal entity; and DOES 1 through 10, 1100 inclusive, 1111 Defendants.

1122 1133 1144 1. I, __________________________________, hereby acknowledge 1155 that I have received a copy of the Stipulated Protective Order entered in this 1166 Litigation [Case No: 21-CV-00929 FWS (JDE)] by the United States District 1177 Court for the Central District of California (hereinafter, “the Protective Order”).

1188 2. I have either read the Protective Order or have had the terms of the 1199 Protective Order explained to me by my attorney.

2200 3. I understand the terms of the Protective Order and agree to comply 2211 with and to be bound by such terms.

2222 4. If I receive documents or information designated as Confidential 2233 Information (as that term is defined in the Protective Order), I understand that such 2244 Information is provided to me pursuant to the terms and restrictions of the 2255 Protective Order.

2266 5. I agree to hold in confidence and not further disclose or use for any 2277 purpose (other than is permitted by the Protective Order) any Confidential 2288 Information disclosed to me pursuant to the terms of the Protective Order. -15- STIPULATED PROTECTIVE ORDER Case 8:21-cv-00929-FWS-JDE Document 26 Filed 04/26/22 Page 16 of 16 Page ID #:147 11 6. I hereby submit myself to the jurisdiction of the United States District Court for the Central District of California for resolution of any matters pertaining to the Protective Order.

55 My address is:____________________________________ My present employer is: ________________________________ Dated: ______________ 1100 1111 1122 Signed: _________________________ 1133 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 2288 -16- STIPULATED PROTECTIVE ORDER