Case 2°15-cv-04844-DSF-KS Document 152 Filed 06/17/22 Page1of18 Page ID #:1212 9 IN THE UNITED STATES DISTRICT COURT

10 FOR THE CENTRAL DISTRICT OF CALIFORNIA

11 12 13 | WARITH DEEN ABDULLAH, 2:15-cv-04844 DSF (KSx) 14 Plaintiff, PROPOSEDTS TIEULATED 5 y. ROTECTIVE ORDER

16 Judge: qhe Honorable Karen L.

7 B. PHILLIPS, et al., Action Filed: June 26, 2015

ig Defendants. 19 20 | I. A. PURPOSES AND LIMITATIONS. 21 Discovery in this action is likely to involve production of confidential, 22 | proprietary, or private information for which special protection from public 23 | disclosure and from use for any purpose other than prosecuting this litigation may 24 | be warranted. Accordingly, the Court enters the following Protective Order. The 25 | parties acknowledge that this Order does not confer blanket protections on all 26 | disclosures or responses to discovery and that the protection it affords from public 27 | disclosure and use extends only to the limited information or items that are entitled 28 | to confidential treatment under the applicable legal principles. The parties further

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1 | acknowledge, as set forth in Section 12.3, below, that this Protective Order does not 2 | entitle the parties to file confidential information under seal; Civil Local Rule 79-5 3 | sets forth procedures that must be followed and the standards that will be applied 4 | when a party seeks permission from the court to file material under seal. 5 B. GOOD CAUSE STATEMENT. 6 This action is likely to involve production of confidential, proprietary, or 7 | private information for which special protection from public disclosure and from 8 | use for any purpose other than the defense or prosecution of this action is 9 | warranted. Such confidential and proprietary materials and information consist of: 10 (1) California Department of Corrections and Rehabilitation (“CDCR”) 11 | records regarding the internal investigation into the incident alleged in the 12 | Complaint, which may have the effect of causing harm to the safety and security of 13 | prison officials, the public, or Defendants. All birthdates, social security numbers, 14 | home and work addresses, drivers’ license numbers, home and work telephone 15 || numbers, and identifying information of confidential informants and CDCR 16 || employees will be redacted; 17 (2) Records regarding processes, operations, investigations or other 18 | information relating to CDCR, disclosure of which may have the effect of causing 19 | harm to the safety and security of prison officials, the public, or Defendants. This 20 | includes, but is not limited to, institutional records, maps and diagrams, 21 | photographs, audio or video recordings, witness statements, SMS or text messages, 22 | and emails and other written correspondence. Confidential information is also 23 | personal information of Defendants, including but not limited to home address, 24 | social security number, telephone number, email address, names or identifying 25 | information of family members, the disclosure of which places the safety of 26 | Defendants, who are current and former peace officers, and their family members at 27 | risk. Confidential information also includes all personal identifying information of 28 | any current or former CDCR employee, and any third party entitled to confidential

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1 | protection of personal identifying information under California and/or applicable 2 | federal law. All birthdates, social security numbers, home and work telephone 3 | numbers, information about family members, and material identifying a 4 | confidential informant or inmate-witness will be redacted; 5 (3) Confidential information is also personal information of Plaintiff 6 | generally, including but not limited to home address, birthdate, and social security 7 || number, all of which will be redacted; 8 (4) Portions of Plaintiff Wraith Abdullah’s prison records that includes 9 | confidential information related to third parties that is subject to privacy rights, such 10 | as other inmates’ names or identifying information; 11 (5) Any material that would reveal the identity of a confidential informant or 12 | inmate witness; and 13 (6) Information not generally made available to the public, or which may be 14 | privileged or otherwise protected from disclosure under state or federal statutes, 15 | court rules, case decisions, or common law. 16 Accordingly, to expedite the flow of information, to facilitate the prompt 17 || resolution of disputes over confidentiality or discovery materials, to adequately 18 || protect information the parties are entitled to keep confidential, to ensure that the 19 || parties are permitted reasonable necessary uses of such material in preparation for 20 | and in the conduct of trial, to address their handling at the end of the litigation, and 21 | serve the ends of justice, a protective order for such information is justified in this 22 | matter. It is the intent of the parties that information will not be designated as 23 | confidential for tactical reasons and that nothing be so designated without a good 24 | faith belief that it has been maintained in a confidential, non-public manner, and 25 | there is good cause why it should not be part of the public record in this case. 26 27 28

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] C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 3 The parties further acknowledge, as set forth in Section 12.3, below, that this 4 | Protective Order does not entitle them to file confidential information under seal; 5 | Local Civil Rule 79-5 sets forth the procedures that must be followed and the 6 || standards that will be applied when a party seeks permission from the Court to file 7 || material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 | proceedings and records in civil cases. In connection with non-dispositive motions, 10 || good cause must be shown to support a filing under seal. See Kamakana v. City 11 || and County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. 12 | Motors Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony 13 | Electrics, Inc.,

(E.D. Wis. 1999). The parties’ mere 14 | designation of Disclosure or Discovery Material as “CONFIDENTIAL” does not— 15 || without the submission of competent evidence by declaration, establish that the 16 || material sought to be filed under seal qualifies as confidential, privileged, or 17 || otherwise protectable—constitute good cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, then 19 || compelling reasons, not only good cause, for the sealing must be shown, and the 20 | relief sought shall be narrowly tailored to serve the specific interest to be protected. 21 | See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 22 || each item or type of information, document, or thing sought to be filed or 23 | introduced under seal in connection with a dispositive motion or trial, the party 24 | seeking protection must articulate compelling reasons, supported by specific facts 25 | and legal justification, for the requested order. Again, competent evidence 26 | supporting the application to file documents under seal must be provided by 97 | declaration. 28

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1 Any document that is not confidential, privileged, or otherwise protectable in 2 || its entirety will not be filed under seal if the confidential portions can be redacted. 3 | If documents can be redacted, then a redacted version for public viewing, omitting 4 | only the confidential, privileged, or otherwise protectable portions of the document, 5 | shall be filed. Any application that seeks to file documents under seal in their 6 | entirety should include an explanation of why redaction is not feasible. 7 | TI. DEFINITIONS. 8 2.1 Action: this pending federal suit, Abdullah v. Phillips, et al., Case No. 9 | 2:15-cv-04844-DSF (KSx). 10 2.2 Challenging Party: a Party or Non-Party that challenges the designation 11 | information or items under this Order. 12 2.3. “CONFIDENTIAL” Information orItems: information (regardless of 13 | how it is generated, stored, or maintained) or tangible things that qualify for 14 | protection under Federal Rule of Civil Procedure 26 (c), and as specified above in 15 || the Good Cause Statement. 16 2.4. “CONFIDENTIAL — ATTORNEYS’ EYES ONLY:”: extremely 17 | sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to 18 | another Party or Non-Party would create a substantial risk of serious harm that 19 || could not be avoided by less restrictive means. 20 2.5. Counsel: Counsel of record and House Counsel (as well as their support 21 | staff). 22 2.6. Designating Party: a Party or Non-Party that designates information or 23 | items that it produces in disclosures or in response to discovery as 24 | “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” 25 2.7. Disclosure of Discovery Material: all items or information, regardless of 26 | the medium or manner in which it is generated, stored, or maintained (including, 27 | among other things, testimony, transcripts, and tangible things), that are produced 28

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1 | or generated in informal discovery, disclosures or responses to discovery in this 2 | matter. 3 2.8. Expert: a person with specialized knowledge or experience in a matter 4 | pertinent to the litigation, who has been retained by a Party or its counsel to serve as 5 | an expert witness or consultant in this Action. 6 2.9. House Counsel: attorneys who are employees of a party to this 7 | Action. House Counsel does not include Outside Counsel of Record or any other 8 | outside counsel. 9 2.10. Non-Party: any natural person, partnership, corporation, association, 10 | or other legal entity not named as a Party to this action. 11 2.11. Outside Counsel of Record: attorneys who are not employees of a 12 | party to this Action but are retained to represent or advise a party to this Action and 13 | have appeared in this Action on behalf of that party or are affiliated with a law firm 14 | which has appeared on behalf of that party, and includes support staff. 15 2.12. Party: any party to this Action, including all of its officers, directors, 16 || employees, consultants, retained experts, and Outside Counsel of Record (and their 17 || support staffs). 18 2.13 Producing Party: a Party or Non-Party that produces Disclosures or 19 || Discovery Material in this Action. 20 2.14 Professional Vendors: __ persons or entities that provide litigation 21 | support services (e.g. photocopying, videotaping, translating, preparing exhibits or 22 | demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 | and their employees and subcontractors. 24 2.15 Protected Material: any Disclosure or Discovery Material that is 25 | designated as “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES 26 | ONLY.” 27 2.16 Receiving Party: a Party that receives Disclosure or Discovery 28 | Material from a Producing Party.

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1 | Il. Scope. 2 The protections conferred by this Order cover not only Protected Material (as 3 | defined above), but also (1) any information copied or extracted from Protected 4 | Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 5 | and (3) any testimony, conservations, or presentations by Parties or their Counsel 6 | that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by orders of the trial g | judge. This Order does not govern the use of Protected Material at trial. 9 | IV. DURATION. 10 Even after the final disposition of this litigation, the confidentiality obligations 11 | imposed by this Order shall remain in effect until a Designating Party agrees 12 || otherwise in writing or a court order otherwise directs. Final disposition shall be 13 || deemed the later of (1) dismissal of all claims and defenses in this Action, with or 14 || without prejudice; and (2) final judgment herein after the completion and 15 | exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 | including the time limits for filing any motions or applications for extensions of 17 | time pursuant to applicable law. 18 | V. DESIGNATING PROTECTED MATERIAL. 19 5.1 Exercise of Restraint and Care in Designating Material for Protection: 20 Each Party or Non-Party that designates information or items for protection 21 | under this Order must take care to limit any such designation to specific material 22 | that qualifies under the appropriate standards. The Designating Party must 23 | designate for protection only those parts of material, documents, items, or oral or 24 | written communications that qualify so that other portions of the material, 25 | documents, items, or communications for which protection is not warranted are not 26 | swept unjustifiably within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 | that are shown to be clearly unjustified or that have been made for an improper

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

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1 | Order. Then, before producing the specified documents, the Producing Party must 2 | affix the “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES 3 | ONLY” legend” to each page that contains Protected Material. If only a portion or 4 | portions of the material on a page qualifies for protection, the Producing Party must 5 | also clearly identify the protected portions(s) (e.g., by making appropriate markings 6 | on the margins). 7 (b) For testimony given in depositions that the Designating Party 8 | identify the Disclosure or Discovery Material on the record, before the close of the 9 | deposition all protected testimony. 10 (c) For information produced in some form other than documentary and 11 | for any other tangible items, that the Producing Party affix in a prominent place on 12 | the exterior of the container or containers in which the information is stored the 13 | legend “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES 14 | ONLY.” If only a portion or portions of the information warrants protection, the 15 || Producing Party, to the extent practicable, shall identify the protected portion(s). 16 5.3. Inadvertent Failures to Designate: If timely corrected, an inadvertent 17 | failure to designate qualified information or items does not, standing alone, waive 18 || the Designating Party’s right to secure protection under this Order for such 19 | material. Upon timely correction of a designation, the Receiving Party must make 20 | reasonable efforts to assure that the material is treated in accordance with the 21 | provisions of this Order. 22 | VI. CHALLENGING CONFIDENTIAL DESIGNATIONS. 23 6.1 Timing of Challenges: Any Party or Non-Party may challenge a 24 | designation of confidentiality at any time through the date of trial indicated in the 25 | Court’s Scheduling Order. 26 6.2 Meetand Confer: The Challenging Party shall initiate the dispute 27 | resolution process under Local Rule 37.1 et seq. 28

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1 6.3. The burden of persuasion in any such challenge proceeding shall be on 2 | the Designating Party. Frivolous challenges, and those made for an improper 3 | 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 5 | Party has waived or withdrawn the confidentiality designation, all parties shall 6 | continue to afford the material in question the level of protection to which it is 7 | entitled under the Producing Party’s designation until the Court rules on the 8 | challenge. 9 | VII. ACCESS TO AND USE OF PROTECTED MATERIAL. 10 7.1. Basic Principles: | A Receiving Party may use Protected Material that is 11 | disclosed or produced by another Party or by a Non-Party in connection with this 12 | Action only for prosecuting, defending, or attempting to settle this Action. Such 13 | Protected Material may be disclosed only to the categories of persons and under the 14 | conditions described in this Order. When the Action is terminated, a Receiving 15 | Party must comply with the provisions of Section 13 below (FINAL 16 | DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 || location and in a secure manner that ensures that access is limited to persons 19 || authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL — 21 | ATTORNEYS’ EYES ONLY” Information or Items: Unless otherwise ordered 22 | by the court or permitted in writing by the Designating Party, a Receiving Party 23 | may disclose any information or item designated “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 25 | well as employees of said Outside Counsel of Record to whom it is reasonably 26 || necessary to disclose this information for this Action; 27 (b) the officers, directors, and employees (including House Counsel) of 28 | the Receiving Party to whom disclosure is reasonably necessary for this Action; 10

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1 (c) Experts (as defined by this Order) of the Receiving Party to whom 2 || disclosure is reasonably necessary for this Action and who have signed the 3 | “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reports and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 | Vendors to whom disclosure is reasonably necessary for this Action and who have 8 | signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient or a document containing the information or 10 | custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in 12 | the Action to whom disclosure is reasonably necessary provided the witness and 13 | attorneys for the witness have signed the “Acknowledgment and Agreement to Be 14 | Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 15 || by the court. Pages of transcribed deposition testimony or exhibits to depositions 16 || that reveal Protected Material must be separately bound by the court reporter and 17 || may not be disclosed to anyone except as permitted under this Protective Order; and 18 (i) any mediator or settlement officer, and their supporting personnel, 19 | mutually agreed upon by any of the parties engaged in settlement discussions. 20 UNDER NO CIRCUMSTANCES SHOULD MATERIAL DESIGNATED 21 | “CONFIDENTIAL” AND/OR “CONFIDENTIAL - ATTORNEYS’ EYES 22 | ONLY” BE DISCLOSED TO PLAINTIFF OR NON-PARTY INMATES, 23 | WHETHER THEY ARE ASSISTING PLAINTIFF IN THE PROSECUTION 24 | OF THIS ACTION OR OTHERWISE. 25 7.3. Items to be Disclosed and Manner of Disclosure 26 (a) Pursuant to the Parties’ agreement, Defendants will produce the 27 | following documents, redacted where necessary, to the extent they exist, which will 28 | be marked “CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY.” The 11

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1 | documents are related to Plaintiff's prison administrative grievance CMC-E-14- 2 | 01148: 3 (i) Notice of Interview re: Complaint Against Staff (CDCR Form 602) 4 Log #CMC-E-14-01148; 5 (ii) Any available transcripts of interviews of individual staff members 6 or inmates taking in connection with CDCR Form 602 Log 7 #CMC-E-14-01148 8 (iii) Notes taken by P. Noland during/regarding interview of individual 9 staff members or inmates in connection with CDCR Form 602 10 Log #CMC-E-14-01148; 11 (iv) Notes taken by any CMC staff member regarding investigation of 12 CDCR Form 602 Log #CMC-E-14-01148; 13 (v) Notes taken by W. Montoya regarding investigation of CDCR Form 14 602 Log #CMC-E-14-01148; 15 (vi) Statements by W. Montoya in response to the investigation into 16 CDCR Form 602 Log #CMC-E-14-01148; 17 (vii) Advisement of Rights — Appeal Inquiry (CDCR Form 602 — 18 Complaint Against Staff); 19 (viii) Notification of Staff Complaint; and 20 (ix) Confidential Supplement to Appeal “Appeal/Allegation Inquiry.” 21 99 VEEL ROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 23 If a Party is served with a subpoena or a court order issued in other litigation 24 | that compels disclosure of any information or items designated in this Action as 25 | “CONFIDENTIAL,” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification 27 | shall include a copy of the subpoena or court order; 28 12

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1 (b) promptly notify in writing the party who caused the subpoena or 2 | order to issue in the other litigation that some or all of the material covered by the 3 | subpoena or order is subject to this Protective Order. Such notification shall 4 | include a copy of this Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be 6 || pursued by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 | the subpoena or court order shall not produce any information designated in this 9 | action as “CONFIDENTIAL” before a determination by the court from which the 10 | subpoena or order issued, unless the Party has obtained the Designating Party’s 11 | permission. The Designating Party shall bear the burden and expense of seeking 12 | protection in that court of its confidential material and nothing in these provisions 13 | should be construed as authorizing or encouraging a Receiving Party in this Action 14 | to disobey a lawful directive from another court. 15 16 IX. A Non-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 17 (a) The terms of this Order are applicable to information produced by a Non- 18 || Party in this action and designated as “CONFIDENTIAL.” Such information 19 || produced by Non-Parties in connection with this litigation is protected by the 20 | remedies and relief provided by this Order. Nothing in these provisions should be 21 | construed as prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 | produce a Non-Party’s confidential information in its possession, and the Party is 24 | subject to an agreement with the Non-Party not to produce the Non-Party’s 25 | confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non- 27 | Party that some or all of the information requested is subject to a confidentiality 28 || agreement with a Non-Party; 13

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1 (2) promptly notify the Non-Party with a copy of the Protective 2 || Order in this Action, the relevant discovery request(s), and a reasonably specific 3 | description of the information requested; and 4 (3) make the information requested available for inspection by the 5 | Non-Party, if requested. 6 (c) Ifthe Non-Party fails to seek a protective order from this court within 14 7 | days of receiving the notice and accompanying information, the Receiving Party 8 || may produce the Non-Party’s confidential information responsive to the discovery 9 | request. If the Non-Party timely seeks a protective order, the Receiving Party shall 10 | not produce any information in its possession or control that is subject to the 11 | confidentiality agreement with the Non-Party before a determination by the court. 12 | Absent a court order to the contrary, the Non-Party shall bear the burden and 13 | expense of seeking protection in this court of its Protected Material. 14 | X. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 || Protected Material to any person or in any circumstance not authorized under this 17 || Protective Order, the Receiving Party must immediately (a) notify in writing the 18 || Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 19 | all unauthorized copies of the Protected Material, (c) inform the person or persons 20 | to whom unauthorized disclosures were made of all the terms of this Order, and (d) 21 | request such person or persons to execute the “Acknowledgement and Agreement 22 | to Be Bound” that is attached hereto as Exhibit A. 23 44 XI. INADVERTENT FRODUCTION OF PRIVILEGED OR OTHERWISE 25 When a Producing Party gives notice to Receiving Parties that certain 26 | inadvertently produced material is subject to a claim of privilege or other 27 | protection, the obligations of the Receiving Parties are those set forth in Federal 28 | Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 14

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1 | whatever procedure may be established in an e-discovery order that provides for 2 | production without prior privilege review. Pursuant to Federal Rule of Evidence 3 | 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 4 | of a communication or information covered by the attorney-client privilege or work 5 | product protection, the parties may incorporate their agreement in the Protective 6 | Order submitted to the Court. 7 || XII. MISCELLANEOUS. 8 12.1 Right to Further Relief: Nothing in this Order abridges the right of any 9 | person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections: By stipulating to the entry of this 11 | Protective Order, no Party waives any right it otherwise would have to object to 12 | disclosing or producing any information or item on any ground not addressed in 13 | this Protective Order. Similarly, no Party waives any right to object on any ground 14 | to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing Protective Material: | A Party that seeks to file under seal any 16 || Protected Material must comply with Civil Local Rule 79-5. Protected Material 17 || may only be filed under seal pursuant to a court order authorizing the sealing of the 18 || specific Protected Material at issue. If a Party’s request to file Protected Material 19 || under seal is denied by the Court, then the Receiving Party may file the information 20 | in the public record unless otherwise instructed by the Court. 21 | XIII. FINAL DISPOSITION. 22 After the final disposition of this Action, as defined in paragraph 4, within 60 23 | days of a written request by the Designating Party, each Receiving Party must 24 | return all Protected Material to the Producing Party or destroy such material. As 25 | used in this subdivision, “all Protected Material” includes all copies, abstracts, 26 | compilations, summaries, and any other format reproducing or capturing any of the 27 | Protected Material. Whether the Protected Material is returned or destroyed, the 28 | Receiving Party must submit a written certification to the Producing Party (and, if 15

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1 | not the same person or entity, to the Designating Party) by the 60 day deadline that 2 | (1) identifies (by category, where appropriate) all the Protected Material that was 3 | returned or destroyed and (2) affirms that the Receiving Party has not retained any 4 | copies, abstracts, compilations, summaries or any other format reproducing or 5 | capturing any of the Protected Material. Notwithstanding this provision, Counsel 6 | are entitled to retain an archival copy of all pleadings, motion papers, trial, 7 | deposition, and hearing transcripts, legal memoranda, correspondence, deposition 8 | and trial exhibits, expert reports, attorney work product, and consultant and expert 9 | work product, even if such materials contained Protected Material. Any such 10 | archival copies that contain or constitute Protected Material remain subject to this 11 | Protective Order as set forth in Section TV (DURATION). 12 | XIV. VIOLATION. 13 Any violation of this Order may be punished by any and all appropriate 14 | measures including, without limitation, contempt proceedings and /or monetary 15 || sanctions. 16 IT IS SO STIPULATED. 17 | /// 18 | // 19 | /// 20 21 22 23 24 25 26 27 28 16

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1 . Respectfully submitted, □ DATED: June 14, 2022 THOMPSON COBURN LLP

3 Tou KACEY R. RICCOMINI 6 Attorneys for Plaintiff 7 WARITH DEEN ABDULLAH . Respectfully submitted 9 DATED: June 14, 2022 R Ob 5 ONT A ’ Attorney General of California 10 R. LAWRENCE BRAGG G ' upervising Depu ttorney Genera 1 NECULATGRECRA 0 Deputy Attorney General

13 lirrcr / 4 By: [ (Ue R. LAWRENCE BRAGG 15 Supervising Deputy Attorney General Attorneys for Defendant 16 W. Montoya 17 18 IT IS SO ORDERED. 19 20 || Dated: June 17, 2022 Assen □□□ Plasensrs 41 The’ Honorable Karen L. Stevenson United States Magistrate Judge 22 23 24 25 26 27 28 17

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| EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], 5 | declare under penalty of perjury that I have read in its entirety and understand the 6 | Protective Order that was issued by the United States District Court for the Central 7 | District of California on [date] in the case of Abdullah v. 8 || Phillips, et. al., Case No. 2:15-cv-04844 DSF (KSx). I agree to comply with and to 9 | be bound by all the terms in this Protective Order and I understand and 10 | acknowledge that failure to so comply could expose me to sanctions and 11 | punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 | any manner any information or item that is subject to this Protective Order to any 13 | person or entity except in strict compliance with the provisions of this Order. I 14 | further agree to submit to the jurisdiction of the United States District Court for the 15 | Central District of California for the purpose of enforcing the terms of this 16 | Protective Order, even if such enforcement proceedings occur after termination of 17 | this action. I hereby 18 | appoint 19 | [print or type full address and telephone number] as my California agent for service 20 | of process in connection with this action or any proceedings related to enforcement 21 | of this Protective Order. 22 | Date: 23 | City and State where sworn and signed: 24 25 | Printed name: 26 27 | Signature: 28 18