Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 1 of 18 Page ID #:127

1 Charles E. Slyngstad (SBN 89103) E-mail: [email protected] 2 Brian S. Ginter (SBN 265786) E-mail: [email protected] 3 BURKE, WILLIAMS & SORENSEN, LLP 444 South Flower Street, Suite 2400 4 Los Angeles, CA 90071-2953 Tel: 213.236.0600 Fax: 213.236.2700 5 Attorneys for Defendant 6 CITY OF LOS ANGELES 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JESSICA WOODWARD, SCOTT Case No. 2:22-cv-01306-GW-JEM TAYLOR, ERIK BOYD AND 12 VISHAL SINGH, [XPXRXOXPOXSXEXDX] STIPULATED PROTECTIVE ORDER RE: 13 Plaintiffs, DISCLOSURE OF CONFIDENTIAL INFORMATION 14 v. 15 CITY OF LOS ANGELES, a municipal entity, and DOES 1-10, [Discovery Document: Referred to 16 inclusive, Magistrate Judge John E. McDermott] 17 Defendants. 18 19 20 21 1. GENERAL 22 1.1 Purposes and Limitations. 23 Discovery in this action is likely to involve production of confidential, 24 proprietary or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 enter the following Stipulated Protective Order. The parties acknowledge that this 28 BURKE,WILLIAMS& LA#4865-1356-4453v1 SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 2 of 18 Page ID #:128

1 Order does not confer blanket protections on all disclosures or responses to 2 discovery and that the protection it affords from public disclosure and use extends 3 only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. 5 1.2 Good Cause Statement. 6 This action involves the City of Los Angeles and members of the Los 7 Angeles Police Department. Plaintiffs are seeking materials and information that 8 Defendant the City of Los Angeles et al. (“City”) maintains as confidential, such as 9 personnel files of the police officers involved in this incident, Internal Affairs 10 materials and information, video recordings (including Body-Worn Video 11 recordings and Digital In-Car Video recordings), audio recordings, and other 12 administrative materials and information currently in the possession of the City and 13 which the City believes needs special protection from public disclosure and from 14 use for any purpose other than prosecuting this litigation. Plaintiffs are also seeking 15 official information contained in the personnel files of the police officers involved 16 in the subject incident, which the City maintains as strictly confidential and which 17 the City believes needs special protection from public disclosure and from use for 18 any purpose other than prosecuting this litigation. 19 The City asserts that the confidentiality of the materials and information 20 sought by Plaintiffs is recognized by California and federal law, as evidenced by, 21 inter alia, California Penal Code section 832.7 and Kerr v. United States Dist. Ct. 22 for N.D. Cal.,

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

(1976). The 23 City has not publicly released the materials and information referenced above 24 except under protective order or pursuant to a court order, if at all. These materials 25 and information are of the type that has been used to initiate disciplinary action 26 against Los Angeles Police Department (“LAPD”) officers, and has been used as 27 evidence in disciplinary proceedings, where the officers’ conduct was considered to 28 be contrary to LAPD policy. BURKE,WILLIAMS& LA#4865-1356-4453v1 -2- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 3 of 18 Page ID #:129

1 The City contends that absent a protective order delineating the 2 responsibilities of nondisclosure on the part of the parties hereto, there is a specific 3 risk of unnecessary and undue disclosure by one or more of the many attorneys, 4 secretaries, law clerks, paralegals and expert witnesses involved in this case, as well 5 as the corollary risk of embarrassment, harassment and professional and legal harm 6 on the part of the LAPD officers referenced in the materials and information. 7 Defendants are likely to seek confidential medical records from Plaintiffs 8 which Plaintiffs contend should not be disseminated beyond this litigation. 9 Accordingly, to expedite the flow of information, to facilitate the prompt 10 resolution of disputes over confidentiality of discovery materials, to adequately 11 protect information the parties are entitled to keep confidential, to ensure that the 12 parties are permitted reasonably necessary uses of such material in preparation for 13 and in the conduct of trial, to address their handling at the end of the litigation, and 14 serve the ends of justice, a protective order for such information is justified in this 15 matter. It is the intent of the parties that information will not be designated as 16 confidential for tactical reasons and that nothing be so designated without a good 17 faith belief that it has been maintained in a confidential, non-public manner, and 18 there is good cause why it should not be part of the public record of this case. 19 1.3 Acknowledgment of Procedure for Filing Under Seal. 20 The parties agree that any pleadings, motions, briefs, declarations, 21 stipulations, exhibits or other written submissions to the Court in this litigation 22 which contain or incorporate Confidential Material shall be lodged with an 23 application and/or joint stipulation to file the papers or the portion thereof 24 containing the Confidential Material, under seal. 25 The parties agree that they will meet and confer regarding the necessity of 26 seeking an order from the Court filing under seal any pleadings, motions, briefs, 27 declarations, stipulations, exhibits or other documents and/or materials at least five 28 (5) days prior to filing any application and/or joint stipulation to file under seal, if BURKE,WILLIAMS& LA#4865-1356-4453v1 -3- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 4 of 18 Page ID #:130

1 feasible. 2 The parties further acknowledge, as set forth in Section 12.3, below, that this 3 Stipulated Protective Order does not automatically entitle them to file confidential 4 information under seal and that Local Civil Rule 79-5 sets forth the procedures that 5 must be followed and the standards that will be applied when a party seeks 6 permission from the Court to file material under seal. 7 2. DEFINITIONS 8 2.1 Action: Jessica Woodward, et al. v. City of Los Angeles, et al. Case 9 No. 2:22-CV-01306-GW-JEM. 10 2.2 Challenging Party: a Party or Non-Party that challenges the 11 designation of information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless 13 of 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. This also includes (1) any information copied or 16 extracted from the Confidential information; (2) all copies, excerpts, summaries, 17 abstracts or compilations of Confidential information; and (3) any testimony, 18 conversations, or presentations that might reveal Confidential information. 19 2.4 Counsel: Counsel of record for the parties to this civil litigation and 20 their support staff. 21 2.5 Designating Party: a Party or Non-Party that designates information 22 or items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 2.6 Disclosure or Discovery Material: all items or information, 25 regardless of the medium or manner in which it is generated, stored, or maintained 26 (including, among other things, testimony, transcripts, and tangible things), that are 27 produced or generated in disclosures or responses to discovery in this matter. 28 2.7 Expert: a person with specialized knowledge or experience in a matter BURKE,WILLIAMS& LA#4865-1356-4453v1 -4- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 5 of 18 Page ID #:131

1 pertinent to the litigation who has been retained by a Party or its counsel to serve as 2 an expert witness or as a consultant in this Action. 3 2.8 Final Disposition: when this Action has been fully and completely 4 terminated by way of settlement, dismissal, trial and/or appeal. 5 2.9 House Counsel: attorneys other than Counsel (as defined in paragraph 6 2.4) and who are employees of a party to this Action. 7 2.10 Non-Party: any natural person, partnership, corporation, association 8 or other legal entity not named as a Party to this action. 9 2.11 Outside Counsel of Record: attorneys who are not employees of a 10 party to this Action but are retained to represent or advise a party to this Action and 11 have appeared in this Action on behalf of that party or are affiliated with a law firm 12 that has appeared on behalf of that party, and includes support staff. 13 2.12 Party: any party to this Action, including all of its officers, directors, 14 boards, departments, divisions, employees, consultants, retained experts, and 15 Outside Counsel of Record (and their support staffs). 16 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.14 Professional Vendors: persons or entities that provide litigation 19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 2.15 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 2.16 Receiving Party: a Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 3. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 28 Protected Material (as defined above), but also (1) any information copied or BURKE,WILLIAMS& LA#4865-1356-4453v1 -5- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 6 of 18 Page ID #:132

1 extracted from Protected Material; (2) all copies, excerpts, abstracts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material, other 4 than during a court hearing or trial. 5 Any use of Protected Material during a court hearing or at trial shall be 6 governed by the orders of the presiding judge. This Order does not govern the use 7 of Protected Material during a court hearing or at trial. 8 4. DURATION 9 Once a trial commences in this Action, information that was designated as 10 CONFIDENTIAL or maintained pursuant to this protective order and that is 11 introduced or admitted as an exhibit at trial becomes public and will be 12 presumptively available to all members of the public, including the press, unless 13 compelling reasons supported by specific factual findings to proceed otherwise are 14 made to the trial judge in advance of the trial. See Kamakana v. City and County of 15 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 16 showing for sealing documents produced in discovery from “compelling reasons” 17 standard when merits-related documents are part of court record). Accordingly, the 18 terms of this protective order do not extend beyond the commencement of the trial 19 as to the CONFIDENTIAL information and materials introduced or admitted as an 20 exhibit at trial. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for 23 Protection. 24 Each Party or Non-Party that designates information or items for protection 25 under this Order must take care to limit any such designation to specific material 26 that qualifies under the appropriate standards. The Designating Party must 27 designate for protection only those parts of material, documents, items or oral or 28 written communications that qualify so that other portions of the material, BURKE,WILLIAMS& LA#4865-1356-4453v1 -6- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 7 of 18 Page ID #:133

1 documents, items or communications for which protection is not warranted are not 2 swept unjustifiably within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to 6 impose unnecessary expenses and burdens on other parties) may expose the 7 Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, the Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided 12 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” or words of a similar effect, and that includes the case name 21 and case number (hereinafter “CONFIDENTIAL legend”), to each page that 22 contains protected material. If only a portion of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins). 25 A Party or Non-Party that makes original documents available for inspection 26 need not designate them for protection until after the inspecting Party has indicated 27 which documents it would like copied and produced. During the inspection and 28 before the designation, all of the material made available for inspection shall be BURKE,WILLIAMS& LA#4865-1356-4453v1 -7- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 8 of 18 Page ID #:134

1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 2 documents it wants copied and produced, the Producing Party must determine 3 which documents, or portions thereof, qualify for protection under this Order. Then, 4 before producing the specified documents, the Producing Party must affix the 5 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 6 portion of the material on a page qualifies for protection, the Producing Party also 7 must clearly identify the protected portion(s) (e.g., by making appropriate markings 8 in the margins). 9 (b) for testimony given in depositions that the Designating Party 10 identifies the Disclosure or Discovery Material on the record, before the close of 11 the deposition all protected testimony. 12 (c) for information produced in some form other than documentary 13 and for any other tangible items, that the Producing Party affix in a prominent place 14 on the exterior of the container or containers in which the information is stored the 15 legend “CONFIDENTIAL.” If only a portion or portions of the information 16 warrants protection, the Producing Party, to the extent practicable, shall identify the 17 protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive 20 the Designating Party’s right to secure protection under this Order for such 21 material. Upon timely correction of a designation, the Receiving Party must make 22 reasonable efforts to assure that the material is treated in accordance with the 23 provisions of this Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute BURKE,WILLIAMS& LA#4865-1356-4453v1 -8- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 9 of 18 Page ID #:135

1 resolution process under Local Rule 37.1, et seq. as follows. If a party disagrees 2 with the Designating Party's designation of information as "CONFIDENTIAL” they 3 shall advise counsel for the Designating Party, in writing, of their objections, the 4 specific Documents, Testimony or Confidential Information to which each 5 objection pertains, and the specific reasons and support for such objections (the 6 “Designation Objections”). Counsel for the Designating Party shall have fourteen 7 (14) days from receipt of the written Designation Objections to either (a) agree in 8 writing to de-designate Documents, Testimony or Information pursuant to any or all 9 of the Designation Objections and/or (b) participate in a telephonic conference of 10 counsel to discuss the Designation Objections. If the parties are unable to resolve 11 these issues informally, the Designating Party shall prepare a Joint Stipulation 12 pursuant to LR-37.2.2 and submit it to the Objecting Party within 7 days of the 13 conference. The Designating Party shall also be responsible for lodging any 14 disputed documents or materials under seal if necessary to resolve the dispute. 15 Pending a resolution of the Motion by the Court, any and all existing designations 16 on the Confidential Information at issue in such Motion shall remain in place. The 17 Designating Party shall have the burden on any Motion of establishing the 18 applicability of its “Confidential” designation. In the event that the Designation 19 Objections are neither timely agreed to nor timely addressed by Motion, then such 20 Documents, Testimony or Information shall no longer deemed to be “Confidential.” 21 6.3 Burden. The burden of persuasion in any such challenge proceeding 22 shall be on the Designating Party. Frivolous challenges, and those made for an 23 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 24 other parties) may expose the Challenging Party to sanctions. Unless the 25 Designating Party has waived or withdrawn the confidentiality designation, all 26 parties shall continue to afford the material in question the level of protection to 27 which it is entitled under the Producing Party’s designation until the Court rules on 28 the challenge. BURKE,WILLIAMS& LA#4865-1356-4453v1 -9- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 10 of 18 Page ID #:136

1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that 3 is disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) Plaintiffs Jessica Woodward, Scott Taylor, Erik Boyd, and 17 Vishal Singh; 18 (b) the Receiving Party’s Counsel of Record in this Action, as well 19 as employees of said Counsel of Record to whom it is reasonably necessary to 20 disclose the information for this Action; 21 (c) Experts (as defined in this Order) of the Receiving Party to 22 whom disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and 27 Professional Vendors to whom disclosure is reasonably necessary for this Action 28 BURKE,WILLIAMS& LA#4865-1356-4453v1 -10- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 11 of 18 Page ID #:137

1 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 2 A); 3 (g) the author or recipient of a document containing the information 4 or a custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, 6 in the Action to whom disclosure is reasonably necessary provided: (1) the 7 deposing party requests that the witness sign the form attached as Exhibit “A” 8 hereto; and (2) they will not be permitted to keep any confidential information 9 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 10 “A”), unless otherwise agreed by the Designating Party or ordered by the court. 11 Pages of transcribed deposition testimony or exhibits to depositions that reveal 12 Protected Material may be separately bound by the court reporter and may not be 13 disclosed to anyone except as permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting 15 personnel, mutually agreed upon by any of the parties engaged in settlement 16 discussions and who have signed the “Acknowledgment and Agreement to Be 17 Bound” (Exhibit A). 18 7.3 Counsel making the disclosure to any qualified person described 19 herein shall retain the original executed copy of the Nondisclosure Agreement until 20 sixty (60) days after this litigation has become final, including any appellate review, 21 and monitoring of an injunction. Counsel for the Receiving Party shall maintain all 22 signed Nondisclosure Agreements and shall produce the original signature page 23 upon reasonable written notice from opposing counsel. If an issue arises regarding a 24 purported unauthorized disclosure of Confidential Information, upon noticed 25 motion of contempt filed by the Designating Party, counsel for the Receiving Party 26 may be required to file the signed Nondisclosure Agreements, as well as a list of the 27 disclosed materials, in camera with the Court having jurisdiction of the Stipulation. 28 BURKE,WILLIAMS& LA#4865-1356-4453v1 -11- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 12 of 18 Page ID #:138

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such 7 notification shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or 9 order to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 The Party served with the subpoena or court order shall not produce any 15 information designated in this action as “CONFIDENTIAL” before a determination 16 by the court from which the subpoena or order issued, unless the Party has obtained 17 the Designating Party’s permission, or unless otherwise required by the law or court 18 order. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced 25 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 26 information produced by Non-Parties in connection with this litigation is protected 27 by the remedies and relief provided by this Order. Nothing in these provisions 28 should be construed as prohibiting a Non-Party from seeking additional protections. BURKE,WILLIAMS& LA#4865-1356-4453v1 -12- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 13 of 18 Page ID #:139

1 (b) In the event that a Party is required, by a valid discovery 2 request, to produce a Non-Party’s confidential information in its possession, and the 3 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the 6 Non-Party that some or all of the information requested is subject to a 7 confidentiality agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the 9 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 10 reasonably specific description of the information requested; and 11 (3) make the information requested available for inspection 12 by the Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court 14 within 14 days of receiving the notice and accompanying information, the 15 Receiving Party may produce the Non-Party’s confidential information responsive 16 to the discovery request. If the Non-Party timely seeks a protective order, the 17 Receiving Party shall not produce any information in its possession or control that 18 is subject to the confidentiality agreement with the Non-Party before a 19 determination by the court. Absent a court order to the contrary, the Non-Party shall 20 bear the burden and expense of seeking protection in this court of its Protected 21 Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 26 writing the Designating Party of the unauthorized disclosures, (b) use its best 27 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 28 person or persons to whom unauthorized disclosures were made of all the terms of BURKE,WILLIAMS& LA#4865-1356-4453v1 -13- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 14 of 18 Page ID #:140

1 this Order, and (d) request such person or persons to execute the “Acknowledgment 2 and Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in Federal 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 production without prior privilege review. Pursuant to Federal Rule of Evidence 11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 12 of a communication or information covered by the attorney-client privilege or work 13 product protection, the parties may incorporate their agreement in the stipulated 14 protective order submitted to the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of 17 any person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order, no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. Similarly, no Party waives any right to object on 22 any ground to use in evidence of any of the material covered by this Protective 23 Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Local Civil Rule 79-5. Protected Material 26 may only be filed under seal pursuant to a court order authorizing the sealing of the 27 specific Protected Material at issue. If a Party’s request to file Protected Material 28 under seal is denied by the court, then the Receiving Party may file the information BURKE,WILLIAMS& LA#4865-1356-4453v1 -14- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 15 of 18 Page ID #:141

1 in the public record unless otherwise instructed by the court. 2 13. FINAL DISPOSITION 3 After the final disposition of this Action, as defined in paragraph 2.8, within 4 60 days of a written request by the Designating Party, each Receiving Party must 5 return all Protected Material to the Producing Party or destroy such material. As 6 used in this subdivision, “all Protected Material” includes all copies, abstracts, 7 compilations, summaries, and any other format reproducing or capturing any of the 8 Protected Material. Whether the Protected Material is returned or destroyed, the 9 Receiving Party must submit a written certification to the Producing Party (and, if 10 not the same person or entity, to the Designating Party) by the 60 day deadline that 11 (1) identifies (by category, where appropriate) all the Protected Material that was 12 returned or destroyed and (2) affirms that the Receiving Party has not retained any 13 copies, abstracts, compilations, summaries or any other format reproducing or 14 capturing any of the Protected Material. Notwithstanding this provision, Counsel 15 are entitled to retain an archival copy of all pleadings, motion papers, trial, 16 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 17 and trial exhibits, expert reports, attorney work product, and consultant and expert 18 work product, even if such materials contain Protected Material. Any such archival 19 copies that contain or constitute Protected Material remain subject to this Protective 20 Order. 21 14. VIOLATION 22 Any violation of this Order may be punished by appropriate measures 23 including, without limitation, contempt proceedings and/or monetary sanctions. 24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 25 26 27 28 BURKE,WILLIAMS& LA#4865-1356-4453v1 -15- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 16 of 18 Page ID #:142

1 Dated: July 25, 2022 SCHONBRUN SEPLOW HARRIS HOFFMAN & ZELDES LLP 2 3 By: /s/ Michael D. Seplow 4 Michael D. Seplow Attorneys for Plaintiffs JESSICA 5 WOODWARD, SCOTT TAYLOR, ERIK BOYD, & VISHAL SINGH 6 7 Dated: July 25, 2022 LAW OFFICES OF HUMBERTO GUIZAR 8 9 By: /s/ Christian Contreras 10 Humberto Guizar Christian Contreras 11 Attorneys for Plaintiffs JESSICA WOODWARD, SCOTT TAYLOR, 12 ERIK BOYD, & VISHAL SINGH 13 14 Dated: July 25, 2022 BURKE, WILLIAMS & SORENSEN, LLP 15 16 By: /s/ Charles E. Slyngstad 17 Charles E. Slyngstad1 Attorneys for Defendant CITY OF 18 LOS ANGELES 19 20 21 22 23 24 25 26 27 1 Filer attests that all signatories listed concur in the filing’s content and have 28 authorized the filing pursuant to Local Rule 5-4.3.4(a)(2)(i). BURKE,WILLIAMS& LA#4865-1356-4453v1 -16- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page17of18 Page ID #:143

1 Having considered the papers, the finding that good cause exists, the Parties’ 2 || Stipulated Protective Order is granted. 3 IT IS SO ORDERED. ‘ □□□ EMedennat ° Dated: 7/27/22 ~~ HON. JOHNE.McDERMOTT — 6 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURKE, Wikia & LA #4865-1356-4453 v1 -17- Arronneys At Law [PROPOSED] STIPULATED PROTECTIVE ORDER

Case 2:22-cv-01306-GW-JEM Document 28 Filed 07/27/22 Page 18 of 18 Page ID #:144

1 ATTACHMENT “A” 2 NONDISCLOSURE AGREEMENT 3 I, _____________________ do solemnly swear that I am fully familiar with 4 the terms of the Protective Order entered in Jessica Woodward, et al. v. City of Los 5 Angeles, et al., United States District Court for the Central District of California, 6 Central Division, Case No. 2:22-CV-01306-GW-JEM, and hereby agree to comply 7 with and be bound by the terms and conditions of said Order. I hereby consent to 8 the jurisdiction of the United States District Court for the Central District of 9 California for purposes of enforcing this Order. 10 Dated: Signed: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURKE,WILLIAMS& LA#4865-1356-4453v1 -18- SORENSEN,LLP ATTORNEYSATLAW [PROPOSED]STIPULATEDPROTECTIVEORDER LOSANGELES