Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 1 of 18 Page ID #:281

1 DANIEL S. ROBERTS, Bar No. 205535 [email protected] 2 NICOLE R. ROGGEVEEN, Bar No. 252587 [email protected] 3 JEREMIAH D. JOHNSON, Bar No. 293200 [email protected] 4 COLE HUBER LLP 2855 E. Guasti Rd., Suite 402 5 Ontario, California 91761 Telephone: (909) 230-4209 6 Facsimile: (909) 937-2034

7 Attorneys for Defendants County of San Bernardino, Daniel Bagwill, 8 and Tyler McGee 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15

16 ROCKY BRANDON, II, individually, and as successor-in-interest to Case No. 5:21-cv-02071-JWH-KKx 17 ROCKY BRANDON, deceased,

18 Plaintiff, STIPULATED PROTECTIVE ORDER 19 v.

20 COUNTY OF SAN BERNARDINO; Judge: Hon. Kenly Kiya Kato DANIEL BAGWILL; TYLER 21 MCGEE and DOES 3-10, inclusive,

22 Defendants. 23 24 25 1. A. PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidential, 27 proprietary, or private information – including confidential personnel records of 28 peace officers - for which special protection from public disclosure and from use for 00088201.1 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 2 of 18 Page ID #:282

1 any purpose other than prosecuting this litigation may be warranted. Accordingly, 2 the parties hereby stipulate to and petition the Court to enter the following 3 Stipulated Protective Order. The parties acknowledge that this Order does not 4 confer blanket protections on all disclosures or responses to discovery and that the 5 protection it affords from public disclosure and use extends only to the limited 6 information or items that are entitled to confidential treatment under the applicable 7 legal principles. 8 B. GOOD CAUSE STATEMENT 9 This action involves on the one side the County of San Bernardino and 10 members of the San Bernardino County Sheriff’s Department and on the other side 11 Plaintiff Rocky Brandon II who, on behalf of himself and as successor in interest to 12 his deceased father, is claiming damages from the County and its deputies for 13 economic, physical, and emotional injuries allegedly caused by them. Defendants 14 will seek in this action discovery of various information relating to Plaintiff's 15 damages claims, including employment and medical information that may be very 16 personal, private, and potentially embarrassing to Plaintiff if it were to be 17 unnecessarily disseminated. Plaintiff is seeking materials and information that 18 Defendants maintain as confidential, such as personnel files of the Sheriff Deputies 19 involved in this incident, Internal Affairs materials and information, video 20 recordings, audio recordings, and other administrative materials and information 21 currently in the possession of the County and which the County believes need 22 special protection from public disclosure and from use for any purpose other than 23 prosecuting this litigation. Some of this information may also implicate the privacy 24 rights of persons not party to this lawsuit. Plaintiff is also seeking official 25 information contained in the personnel files of the police officers involved in the 26 subject incident, which the County maintains as strictly confidential and which the 27 County believes need special protection from public disclosure and from use for any 28 purpose other than prosecuting this litigation. 00088201.1 2 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 3 of 18 Page ID #:283

1 The parties therefore stipulate that some of the information into which 2 discovery will be sought in this case is protected by various parties' and (third 3 parties') privacy rights under state and federal law. In addition, the confidentiality 4 of the materials and information sought by Plaintiffs is recognized by California and 5 federal law. The County has not publicly released such materials except under 6 protective order or pursuant to a court order, if at all. These materials and 7 information are of the type that has been used to initiate disciplinary action against 8 San Bernardino Sheriff Department ("SBSD") Deputies, and has been used as 9 evidence in disciplinary proceedings, where the officers' conduct was considered to 10 be contrary to SBSD policy. 11 Absent a protective order delineating the responsibilities of nondisclosure on 12 the part of the parties hereto, there is a specific risk of unnecessary and undue 13 disclosure by one or more of the many attorneys, secretaries, law clerks, paralegals 14 and expert witnesses involved in this case, as well as the corollary risk of 15 embarrassment, harassment and professional and legal harm on the part of Plaintiff, 16 Defendants, other SBSD Sheriff Deputies, and non-party civilians who may be 17 referenced in the materials and information. 18 Defendants also contend that the unfettered disclosure of the materials and 19 information, absent a protective order, would allow the media to share this 20 information with potential jurors in the area, impacting the rights of the Defendants 21 herein to receive a fair trial. 22 Accordingly, to expedite the flow of information, to facilitate the prompt 23 resolution of disputes over confidentiality of discovery materials, to adequately 24 protect information the parties are entitled to keep confidential, to ensure that the 25 parties are permitted reasonable necessary uses of such material in preparation for 26 and in the conduct of trial, to address their handling at the end of the litigation, and 27 serve the ends of justice, a protective order for such information is justified in this 28 matter. It is the intent of the parties that information will not be designated as 00088201.1 3 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 4 of 18 Page ID #:284

1 confidential for tactical reasons and that nothing be so designated without a good 2 faith belief that it has been maintained in a confidential, non-public manner, and 3 there is good cause why it should not be part of the public record of this case. 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 5 The parties further acknowledge, as set forth in Section 12.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a party seeks permission from the court 9 to file material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 14 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 15 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 16 require good cause showing), and a specific showing of good cause or compelling 17 reasons with proper evidentiary support and legal justification, must be made with 18 respect to Protected Material that a party seeks to file under seal. The parties’ mere 19 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 20 without the submission of competent evidence by declaration, establishing that the 21 material sought to be filed under seal qualifies as confidential, privileged, or 22 otherwise protectable—constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the 25 relief sought shall be narrowly tailored to serve the specific interest to be protected. 26 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 27 each item or type of information, document, or thing sought to be filed or introduced 28 under seal in connection with a dispositive motion or trial, the party seeking 00088201.1 4 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 5 of 18 Page ID #:285

1 protection must articulate compelling reasons, supported by specific facts and legal 2 justification, for the requested sealing order. Again, competent evidence supporting 3 the application to file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in 5 its entirety will not be filed under seal if the confidential portions can be redacted. 6 If documents can be redacted, then a redacted version for public viewing, omitting 7 only the confidential, privileged, or otherwise protectable portions of the document, 8 shall be filed. Any application that seeks to file documents under seal in their 9 entirety should include an explanation of why redaction is not feasible. 10 2. DEFINITIONS 11 2.1 Action: this pending federal lawsuit. 12 2.2 Challenging Party: a Party or Non-Party that challenges the 13 designation of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 17 the Good Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 28 00088201.1 5 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 6 of 18 Page ID #:286

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a 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 2.11 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.13 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 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 27 28 00088201.1 6 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 7 of 18 Page ID #:287

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 FINAL DISPOSITION of the action is defined as the conclusion of any 11 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 12 has run. Except as set forth below, the terms of this protective order apply through 13 FINAL DISPOSITION of the action. The parties may stipulate that they will be 14 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 15 but will have to file a separate action for enforcement of the agreement once all 16 proceedings in this case are complete. 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 19 as an exhibit at trial becomes public and will be presumptively available to all 20 members of the public, including the press, unless compelling reasons supported by 21 specific factual findings to proceed otherwise are made to the trial judge in advance 22 of the trial. See Kamakana,

(distinguishing “good cause” 23 showing for sealing documents produced in discovery from “compelling reasons” 24 standard when merits-related documents are part of court record). Accordingly, for 25 such materials, the terms of this protective order do not extend beyond the 26 commencement of the trial. 27 28 00088201.1 7 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 8 of 18 Page ID #:288

1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection 4 under this Order must take care to limit any such designation to specific material 5 that qualifies under the appropriate standards. The Designating Party must 6 designate for protection only those parts of material, documents, items or oral or 7 written communications that qualify so that other portions of the material, 8 documents, items or communications for which protection is not warranted are not 9 swept unjustifiably within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 28 contains protected material. If only a portion of the material on a page qualifies for 00088201.1 8 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 9 of 18 Page ID #:289

1 protection, the Producing Party also must clearly identify the protected portion(s) 2 (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 8 documents it wants copied and produced, the Producing Party must determine which 9 documents, or portions thereof, qualify for protection under this Order. Then, 10 before producing the specified documents, the Producing Party must affix the 11 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 12 portion of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings 14 in the margins). 15 (b) for testimony given in deposition or in other pretrial or trial proceedings, 16 that the Party or non-party offering or sponsoring the testimony, shall identify on the 17 record, before the close of the deposition, hearing, or other proceeding, all protected 18 testimony, and further specify any portions of the testimony that qualify as 19 “CONFIDENTIAL.” When it is impractical to identify separately each portion of 20 testimony that is entitled to protection, and when it appears that substantial portions 21 of the testimony may qualify for protection, the Party or non-party that sponsors, 22 offers, or gives the testimony may invoke on the record (before the deposition or 23 proceeding is concluded) a right to have up to 20 days after the transcript is certified 24 by the reporter to identify the specific portions of the testimony as to which 25 protection is sought and to specify the level of protection being asserted 26 (“CONFIDENTIAL”). Only those portions of the testimony that are appropriately 27 designated for protection within the 20 days shall be covered by the provisions of 28 this Order. 00088201.1 9 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 10 of 18 Page ID #:290

1 Transcript pages containing Protected Material must be separately bound by 2 the court reporter, who must affix to the top of each such page the legend 3 “CONFIDENTIAL,” as instructed by the Party or non-party offering or sponsoring 4 the witness or presenting the testimony. 5 (c) for information produced in some form other than documentary and 6 for any other tangible items, that the Producing Party affix in a prominent place on 7 the exterior of the container or containers in which the information is stored the 8 legend “CONFIDENTIAL.” If only a portion or portions of the information 9 warrants protection, the Producing Party, to the extent practicable, shall identify the 10 protected portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive 13 the Designating Party’s right to secure protection under this Order for such material. 14 Upon timely correction of a designation, the Receiving Party must make reasonable 15 efforts to assure that the material is treated in accordance with the provisions of this 16 Order. 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time that is consistent with the Court’s 20 Scheduling Order. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 resolution process under Local Rule 37.1 et seq. 23 6.3 The burden of persuasion in any such challenge proceeding shall be on 24 the Designating Party. Frivolous challenges, and those made for an improper 25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 26 parties) may expose the Challenging Party to sanctions. Unless the Designating 27 Party has waived or withdrawn the confidentiality designation, all parties shall 28 continue to afford the material in question the level of protection to which it is 00088201.1 10 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 11 of 18 Page ID #:291

1 entitled under the Producing Party’s designation until the Court rules on the 2 challenge. 3 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a 9 Receiving Party must comply with the provisions of section 13 below (FINAL 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of 22 the Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 00088201.1 11 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 12 of 18 Page ID #:292

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 9 not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may 13 be separately bound by the court reporter and may not be disclosed to anyone except 14 as permitted under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 18 IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification 23 shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order 25 to issue in the other litigation that some or all of the material covered by the 26 subpoena or order is subject to this Protective Order. Such notification shall include 27 a copy of this Stipulated Protective Order; and 28 00088201.1 12 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 13 of 18 Page ID #:293

1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action 10 to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party to not produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 00088201.1 13 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 14 of 18 Page ID #:294

1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the Receiving Party 5 may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 7 not produce any information in its possession or control that is subject to the 8 confidentiality agreement with the Non-Party before a determination by the court. 9 Absent a court order to the contrary, the Non-Party shall bear the burden and 10 expense of seeking protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 16 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 17 persons to whom unauthorized disclosures were made of all the terms of this Order, 18 and (d) request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, 24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 26 procedure may be established in an e-discovery order that provides for production 27 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 28 (e), insofar as the parties reach an agreement on the effect of disclosure of a 00088201.1 14 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 15 of 18 Page ID #:295

1 communication or information covered by the attorney-client privilege or work 2 product protection, the parties may incorporate their agreement in the stipulated 3 protective order submitted to the court. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Local Civil Rule 79-5. Protected Material 14 may only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party’s request to file Protected Material 16 under seal is denied by the court, then the Receiving Party may file the information 17 in the public record unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 4, within 60 20 days of a written request by the Designating Party, each Receiving Party must return 21 all Protected Material to the Producing Party or destroy such material. As used in 22 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the Protected 24 Material. Whether the Protected Material is returned or destroyed, the Receiving 25 Party must submit a written certification to the Producing Party (and, if not the same 26 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 27 (by category, where appropriate) all the Protected Material that was returned or 28 destroyed and (2) affirms that the Receiving Party has not retained any copies, 00088201.1 15 Case 5:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 16 of 18 Page ID #:296

1 abstracts, compilations, summaries or any other format reproducing or capturing any 2 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 3 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 4 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 5 reports, attorney work product, and consultant and expert work product, even if such 6 materials contain Protected Material. Any such archival copies that contain or 7 constitute Protected Material remain subject to this Protective Order as set forth in 8 Section 4 (DURATION). 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 00088201.1 16 Case §:21-cv-02071-JWH-KK Document 37 Filed 08/15/22 Page 17 o0f18 Page ID #:297

1 || 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || DATED: August 12, 2022 LAW OFFICES OF DALE K. GALIPO 9 By: /s/ Marcel F. Sincich Marcel F. Sinich 10 Attorneys for Plaintiff Rocky Brandon II 11 12 3 DATED: August 12, 2022 COLE HUBER LLP 14 15 . By: /s/ Jeremiah Johnson* 16 Jeremiah Johnson 17 Attorneys for Defendants County of San Bernardino, Deputy Daniel Bagwill and 18 Deputy Tyler McGee 19 20 || * Pursuant to Local Rule 5-4.3.4(a)(2)(i), the filer of this Stipulation attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the 71 filing’s content and have authorized the filing. 22 93 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. Dated: A 15, 2022 34 ated: August 15, 20 | | ' 25 2% HONORABLE KENLY KIYA KATO United States Magistrate Judge 27 28 00088201.1 17

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [ date ] in the case of Rocky Brandon II, et. al. v. County of San Bernardino, et 9 al., 5:21-cv-02071-JWH-KK. I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 00088201.1 18