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1 || Mildred K. O'Linn (State Bar No. 159055) [email protected] 2 || Garros Chan (State Bar No. 320561) [email protected] 3 MANNIN G & KASS ELLROD, RAMIREZ, TRESTER LLP 4||801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 5 || Telephone: Gb) 624-6900 ‘ Facsimile: (213) 624-6999 NOTE: CHANGES MADE BY THE COURT Attorneys for Defendants, CITY OF 7|| AZUSA; OFFICER J. ARIAS, individually; OFFICER J. BEAVER, 8 || individually; OFFICER B. HILDEBRANDT,, individually 10 UNITED STATES DISTRICT COURT se} Il CENTRAL DISTRICT OF CALIFORNIA

ge » 13)}/RODERICK GARCIA, Case No. 2:22-CV-03457-MWE-JPR gz. 14 z ae Plaintiff, [District Judge, Michael W. F: itzgerald; fe 15 agistrate Judge, Jean fF. Kosenbiut. 3 | dge, Jean P. R luth]

[DISCOVERY MATTER] a CITY OF AZUSA; OFFICER J. FQ! 17]| ARIAS, individually; OFFICER J. AMENDED STIPULATION FOR BEAVER, individually; OFFICER B. ENTRY OF PROTECTIVE ORDER 18 || HILDEBRANDT, individually; and RE CONFIDENTIAL DOCUMENTS DOES 1 through 50, inclusive, 19 Defendants. 20 Complaint Filed: 05/20/22 21 Trial Date: Not Yet Set 22 23 || TO THE HONORABLE COURT: 24 By and through their counsel of record in this action, plaintiff RODERICK 25 || GARCIA, (“plaintiff”); defendants CITY OF AZUSA (“City”), OFFICER J. ARIAS, 26 || OFFICER J. BEAVER and OFFICER B. HILDEBRANDT (collectively herein after 27 || as “Defendants”’) — the parties — hereby stipulate for the purpose of jointly requesting 28 || that the honorable Court enter a protective order re confidential documents in this 4891-3437-0612.1 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 |] matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. 2 || Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] —as follows: 3 GOOD CAUSE STATEMENT 4}/1. GOOD CAUSE STATEMENT. 5||1.1. Contentions re Harm from Disclosure of Confidential Materials. 6 Defendants contend that there is good cause and a particularized need for a 7 || protective order to preserve the interests of confidentiality and privacy in peace officer 8 || personnel file records and associated investigative or confidential records for the 9 || following reasons. 10 First, Defendants contend that peace officers have a federal privilege of privacy A 11 ||in their personnel file records: a reasonable expectation of privacy therein that is

12 || underscored, specified, and arguably heightened by the Pitchess protective procedure 13 || of California law. See Sanchez v. Santa Ana Police Dept.,

, 1033-1034 Z 2 (9th Cir. 1990); Hallon v. City of Stockton,

, *2-3, 12- 2c 15 || 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 16|| discovery disputes involving federal claims,” the “state privilege law which is 3 1 —17||consistent with its federal equivalent significantly assists in applying [federal] 18 || privilege law to discovery disputes”); Soto v. City of Concord,

, 613 19 ||n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 20 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 21||§§ 832.7, 832.8;

. Defendants further contend that 22 || uncontrolled disclosure of such personnel file information can threaten the safety of 23 ||non-party witnesses, officers, and their families/associates. 24 Second, Defendants contend that municipalities and law enforcement agencies 25 ||have federal deliberative-executive process privilege, federal official information 26 || privilege, federal law enforcement privilege, and federal attorney-client privilege 27 || (and/or attorney work product protection) interests in the personnel files of their peace 28 || officers — particularly as to those portions of peace officer personnel files that contain 4891-3437-0612.1 2 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 2 || communications for the purposes of obtaining or rendering legal advice or analysis — 3 || potentially including but not limited to evaluative/analytical portions of Internal 4 || Affairs type records or reports, evaluative/analytical portions of supervisory records 5 || or reports, and/or reports prepared at the direction of counsel, or for the purpose of 6 || obtaining or rendering legal advice. See Sanchez,

; Maricopa 7 || Audubon Soc’y v. United States Forest Serv.,

, 1092-1095 (9th Cir. 8 || 1997); Soto,

, 613 n. 4; Kelly v. City of San Jose,

, 9 || 668-671 (N.D. Cal. 1987); Tuite v. Henry,

(D. D.C. 1998); 10 || Hamstreet v. Duncan,

(D. Or. 2007); Admiral Ins. Co. «| 11 ||v. United States Dist. Ct.,

, 1492, 1495 (9th Cir. 1988). Defendants

12 || further contend that such personnel file records are restricted from disclosure by the 13 || public entity’s custodian of records pursuant to applicable California law and that Z 2 14 || uncontrolled release is likely to result in needless intrusion of officer privacy; 2c 15 ||impairment in the collection of third-party witness information and statements and 16 || related legitimate law enforcement investigations/interests; and a chilling of open and 3 | —17||honest discussion regarding and/or investigation into alleged misconduct that can 18 || erode a public entity’s ability to identify and/or implement any remedial measures 19 || that may be required. 20 Third, Defendants contend that, since peace officers do not have the same rights 21 ||as other private citizens to avoid giving compelled statements, it is contrary to the 22 ||fundamental principles of fairness to permit uncontrolled release of officers’ 23 || compelled statements. See generally Lybarger v. City of Los Angeles,

, 24 || 828-830 (1985); cf. U.S. Const., amend V. 25 Accordingly, Defendants contend that, without a protective order preventing 26 || such, production of confidential records in the case can and will likely substantially 27 ||impair and harm Defendants and public entity’s interests in candid self-critical 28 || analysis, frank internal deliberations, obtaining candid information from witnesses, 4891-3437-0612.1 3 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || preserving the safety of witnesses, preserving the safety of peace officers and peace 2 || officers’ families and associates, protecting the privacy officers of peace officers, and 3 ||preventing pending investigations from being detrimentally undermined by 4 || publication of private, sensitive, or confidential information — as can and often does 5 || result in litigation. 6 1.2. Plaintiff does not agree with and does not stipulate to Defendants’ 7 || contentions herein above, and nothing in this Stipulation or its associated Order shall 8 || resolve the parties’ disagreement, or bind them, concerning the legal statements and 9 || claimed privileges set forth above. 10 However, plaintiff agrees that there is Good Cause for a Protective Order so as a 11 || to preserve the respective interests of the parties without the need to further burden

12 || the Court with such issues. Specifically, the parties jointly contend that, absent this SF 13 || Stipulation and its associated Protective Order, the parties' respective privilege Z 2 interests may be impaired or harmed, and that this Stipulation and its associated 2c 15 || Protective Order may avoid such harm by permitting the parties to facilitate discovery 16|| with reduced risk that privileged and/or sensitive/confidential information will 5 17 || become matters of public record. 18 1.3. The parties jointly contend that there is typically a particularized need 19 || for protection as to any medical or psychotherapeutic records, because of the privacy 20 || interests at stake therein. Because of these sensitive interests, a Court Order should 21 || address these documents rather than a private agreement between the parties. 22 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 23 || jointly request that the honorable Court issue/enter, a Protective Order re confidential 24 || documents consistent with the terms and provisions of this Stipulation. However, the 25 ||entry of a Protective Order by the Court pursuant to this Stipulation shall not be 26 ||construed as any ruling by the Court on the aforementioned legal statements or 27 || privilege claims in this section (§ 1), nor shall this section be construed as part of any 28 || such Court Order. 4891-3437-0612.1 4 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 A. PURPOSES AND LIMITATIONS. 2 Disclosure and discovery activity in this action are likely to involve production 3 || of confidential, proprietary, or private information for which special protection from 4 || public disclosure and from use for any purpose other than prosecuting or defending 5 || this litigation would be warranted. Accordingly, the parties hereby stipulate to and 6 || petition the court to enter the following Stipulation and an associated Order. 7 The parties acknowledge that this Stipulation and associated Order does not 8 || confer blanket protections on all disclosures or responses to discovery and that the 9 || protection it affords extends only to the specified information or items that are entitled 10 || to treatment as confidential. a 11 The parties further acknowledge, as set forth below, that this Stipulation and

» | 12||Order creates no entitlement to file confidential information under seal. Central 13 || District Local Rules 79-5.1 and 79-5.2 set(s) forth the procedures that must be Z 2 14 || followed and reflects the standards that will be applied when a party seeks permission 2c 15 || from the court to file material under seal. | 16 Nothing in this Stipulation or associated Order shall be construed so as to 3 FA! —17||require or mandate that any Party disclose or produce privileged information or 18 ||records that could be designated as Confidential Documents/Protected Material 19 || hereunder. 20 STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL 21 22||2. DEFINITIONS. 23 2.1. Party: any party to this action, including all of its officers, directors, 24 || employees, agents, consultants, retained experts, house counsel and outside counsel 25 || (and/or the support staff thereof). 26 2.2. Disclosure or Discovery Material: all items or information, regardless 27 || of the medium or manner generated, stored or maintained (including, among other 28 || things, testimony, transcripts, or tangible things) that are produced — or generated in 4891-3437-0612.1 5 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || disclosures or responses to discovery — by any Party in this matter. 2 2.3. “Confidential” Information or Items: information (regardless of the 3 || medium or how generated, stored, or maintained) or tangible things that qualify for 4 || protection under standards developed under Federal Rule of Civil Procedure 26(c) 5 || and/or applicable federal privileges. This material may include, but is not limited to, 6 || medical records, psychotherapeutic records, etc.; as well as peace officer personnel 7||records as defined by California Penal Code sections 832.8, 832.5, 832.7 and the 8 || associated case law; and other similar confidential records designated as such. 9 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 10 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking «| 11 ||a deposition or comparable testimony. 12 2.5. Producing Party: a Party or non-party that produces Disclosure or 13 || Discovery Material in this action, including a Party that is defending a deposition 2) 14|| noticed or subpoenaed by another Party; additionally, for the limited purpose of 2c 15 || designating testimony subject to this Stipulation and Order, a “Producing Party” shall 16 || also be construed to include a Party that is attending and/or participating in a non- 3 F241 —17|| party deposition noticed/subpoenaed by another Party. 18 2.6. Designating Party: a Party or non-party public entity employer of a Party 19 || that designates information or items that it produces in disclosures or in responses to 20 || discovery as “CONFIDENTIAL.” 21 2.7. Protected Material: any Disclosure or Discovery Material that is 22 ||designated as “CONFIDENTIAL” under the provisions of this Stipulation and 23 || Protective Order. (The term “Confidential Document” shall be synonymous with the 24 ||term “Protected Material” for the purposes of this Stipulation and any associated 25 || Protective Order.) 26 2.8. Qutside Counsel: attorneys who are not employees of a Party but who 27 || are retained to represent or advise a Party in this action (as well as their support staffs). 28 2.9. House Counsel: attorneys who are employees of a Party (as well as their 4891-3437-0612.1 6 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || support staffs). 2 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as 3 || well as their support staffs). 4 2.11. Expert: a person with specialized knowledge or experience in a matter 5 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 6 ||an expert witness or as a consultant in this action and who is not a past or a current 7 ||employee of a Party and who, at the time of retention, is not anticipated to become an 8 ||employee of a Party or a competitor of a Party’s; as well as any person retained, 9 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 10 || Procedure 26(a)(2) or other applicable discovery Rules or statutes. A 11 2.12. Professional Vendors: persons or entities that provide litigation support 12||services (e.g., photocopying; videotaping; translating; preparing exhibits or SF 13 || demonstrations; and/or organizing, storing, retrieving data in any form or medium; Z 2 14 || etc.); and their employees and subcontractors. ZS) 15 ||3. SCOPE OF PROTECTION. 16 The protections conferred by this Stipulation and its associated Order cover not 3 17 || only Protected Material/Confidential Documents (as defined above), but also (1) any 18 ||information copied or extracted from Protected Material; (2) all copies, excerpts, 19||summaries, or compilations of Protected Material; and (3) any testimony, 20 || conversations, or presentations by Parties or their Counsel that might reveal Protected 21 || Material. However, the protections conferred by this Stipulation and its associated 22 || Order do not cover the following information: (a) any information that is in the public 23 ||domain at the time of disclosure to a Receiving Party or becomes part of the public 24 || domain after its disclosure to a Receiving Party as a result of publication not involving 25 || a violation of this Order, including becoming part of the public record through trial or 26 || otherwise; and (b) any information known to the Receiving Party prior to the 27 || disclosure or obtained by the Receiving Party after the disclosure from a source who 28 || obtained the information lawfully and under no obligation of confidentiality to the 4891-3437-0612.1 7 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || Designating Party. 2 Except to the extent specified herein (if any), any use of Protected Material at 3 || trial shall not be governed by this Order, but may be governed by a separate agreement 4 || or order. 5 Any use of Protected Material at trial shall be governed by the Orders of the 6 || trial judge: this Stipulation and its associated Protective Order do(es) not govern the 7 || use of Protected Material at trial. 8 Nothing in this Stipulation or its associated Order shall be construed as binding 9 ||}upon the Court or its court personnel, who are subject only to the Court’s internal 10 || procedures regarding the handling of materials filed or lodged, including materials a 11 || filed or lodged under seal.

, 12 || 4. DURATION OF PROTECTION. 13 Even after final disposition of this litigation, the confidentiality obligations Z 2 14 ||imposed by this Order shall remain in effect until a Designating Party agrees 2c 15 || otherwise in writing or a court order otherwise directs. 16 Final disposition shall be deemed to be the later of (1) dismissal of all claims 3 —17|land defenses in this action, with or without prejudice; and (2) final judgment herein 18 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or 19 || reviews of this action, including the time limits for filing any motions or applications 20 || for extension of time pursuant to applicable law. 21||5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL 22 OO

23 5.1. Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or non-party that designates information or items for protection 25 under this Stipulation and its associated Order must take care to limit any such 26 || designation to specific material that qualifies under the appropriate standards. A 27 || Designating Party must take care to designate for protection only those parts of 28 || material, documents, items, or oral or written communications that qualify — so that 4891-3437-0612.1 8 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 |/other portions of the material, documents, items or communications for which 2 || protection is not warranted are not swept unjustifiably within the ambit of this Order. 3 Mass, indiscriminate, or routine designations are prohibited. Designations that 4 || are shown to be clearly unjustified, or that have been made for an improper purpose 5 || (e.g., to unnecessarily encumber or retard the case development process, or to impose 6 || unnecessary expenses and burdens on other parties), expose the Designating Party to 7 || sanctions. 8 If it comes to a Party’s or a non-party’s attention that information or items that 9 designated for protection do not qualify for protection at all, or do not qualify for 10 || the level of protection initially asserted, that Party or non-party must promptly notify a 11 || all other parties that it is withdrawing the mistaken designation. 12 5.2. Manner and Timing of Designations. Except as otherwise provided in SF 13 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection Z 2 under this Order must be clearly so designated before the material is disclosed or 2c 15 || produced. 16 Designation in conformity with this Order requires: 5 17 (a) for information in documentary form (apart from transcripts of 18 || depositions or other pretrial or trial proceedings, and regardless of whether produced 19||in hardcopy or electronic form), that the Producing Party affix the legend 20 || “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 21 || or portions of the material on a page qualifies for protection, the Producing Party also 22 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 23 ||in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The 24 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the 25 || substance of the page’s (or pages’) text or content. 26 A Party or Non-Party that makes original documents or materials available for 27 || inspection need not designate them for protection until after the inspecting Party has 28 || indicated which material it would like copied and produced. During the inspection 4891-3437-0612.1 9 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || and before the designation, all of the material made available for inspection shall be 2 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 3 || it wants copied and produced, the Producing Party must determine which documents, 4 || or portions thereof, qualify for protection under this Order. Then, before producing 5||the specified documents, the Producing Party must affix the “CONFIDENTIAL” 6 || legend to each page that contains Protected Material. If only a portion or portions of 7 || the material on a page qualifies for protection, the Producing Party also must clearly 8 |}identify the protected portion(s) (e.g., by making appropriate markings in the 9 || margins). 10 (b) for testimony given in deposition or in other_discovery related «| 11 ||proceedings, that the Party or non-party offering or sponsoring the testimony identify | 12 ||on the record, before the close of the deposition, hearing, or other proceeding, all 13 || protected testimony, and further specify any portions of the testimony that qualify as Z 2 “CONFIDENTIAL.” When it is impractical to identify separately each portion of 2c 15 || testimony that is entitled to protection, and when it appears that substantial portions 16 || of the testimony may qualify for protection, the Producing Party may invoke on the 3 1 —17|| record (before the deposition or proceeding is concluded) a right to have up to twenty 18 || (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 19||Only those portions of the testimony that are appropriately designated as 20 ||“CONFIDENTIAL” for protection within the 20 days shall be covered by the 21 || provisions of this Stipulation and its associated Protective Order. 22 The court reporter must affix to each such transcript page containing Protected 23 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party. 24 (c) for information produced in some form other than documentary, and for 25 || any other tangible items (including but not limited to information produced on disc or 26 || electronic data storage device), that the Producing Party affix in a prominent place on 27 || the exterior of the container or containers in which the information or item is stored 28 || the legend “CONFIDENTIAL.” If only portions of the information or item warrant 4891-3437-0612.1 10 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || protection, the Producing Party, to the extent practicable, shall identify the protected 2 || portions, specifying the material as “CONFIDENTIAL.” 3 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, 4 || though not necessarily, within 30 days of production or disclosure of such material), 5|fan inadvertent failure to designate qualified information or items as 6 || “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to 7||secure protection under this Stipulation and its associated Order for such material. 8 If material is appropriately designated as “CONFIDENTIAL?” after the material 9 || was initially produced, the Receiving Party, on timely notification of the designation, 10 || must make reasonable efforts to assure that the material is treated in accordance with «| 11 ||this Stipulation and its associated Order.

» 12 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall 13 || not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove Z 2 14 ||a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any 2c 15 || other action so as to make it appear that Protected Material is not subject to the terms 16 || and provisions of this Stipulation and its associated Order. However, nothing in this 3 —17||section shall be construed so as to prevent a Receiving Party from challenging a 18 || confidentiality designation subject to the provisions of section 6, infra. 19 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 20 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 21 |)designation of confidentiality at any time that is consistent with the Court's 22 || Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality 23 ||designation is necessary to avoid foreseeable substantial unfairness, unnecessary 24 || economic burdens, or a later significant disruption or delay of the litigation, a Party 25 || does not waive its right to challenge a confidentiality designation by electing not to 26 || mount a challenge promptly after the original designation is disclosed. 27 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a 28 || Challenging Party shall initiate a dispute resolution process by providing written 4891-3437-0612.1 11 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 ||notice of each specific designation it is challenging, and describing the basis (and 2 ||supporting authority or argument) for each challenge. To avoid ambiguity as to 3 || whether a challenge has been made, the written notice must recite that the challenge 4||to confidentiality is being made in accordance with this specific paragraph of the 5 || associated Protective Order, as well as Local Rule 37. The parties shall attempt to 6 || resolve each challenge in good faith and must begin the process by conferring directly 7 || (in voice to voice dialogue, either in person, telephonically, or by other comparable 8 || means, but not by correspondence) in compliance with Local Rule 37. 9 In conferring, the Challenging Party must explain the specific basis for its belief 10 || that the confidentiality designation was not proper and must give the Designating a 11 ||Party an opportunity to review the designated material, to reconsider the

12 || circumstances, and, if no change in designation is offered, to explain the basis for the 13 ||chosen designation. A Challenging Party may proceed to the next stage of the 2) 14 || challenge process only if it has engaged in this meet and confer process first or 2c 15 || establishes that the Designating Party is unwilling to participate in the meet and confer 16 || process in a timely manner. 5 17 Frivolous challenges, and those challenges made for an improper purpose (e.g., 18 || to harass or impose unnecessary expenses and burdens on other parties), may expose 19 || the Challenging Party to sanctions. 20 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality 21 |)challenge without court intervention, the Challenging Party shall file and serve a 22 || motion to remove confidentiality (under the applicable rules for filing and service of 23 || discovery motions) in compliance with Local Rule 37 and the Court's order regarding 24 || timing of discovery motions. 25 The parties must strictly comply with Central District Local Rules 37-1 and 37- 26 ||2 (including the joint stipulation re discovery dispute requirement) in any motion 27 || associated with this Protective Order. 28 Each such motion must be accompanied by a competent declaration affirming 4891-3437-0612.1 12 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || that the movant has complied with the meet and confer requirements imposed in the 2 || preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the 4 || Designating Party, regardless of whether the Designating Party is the moving party or 5 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and 6 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses 7 ||and burdens on other parties) may expose the Challenging Party to sanctions. Unless 8 || the Designating Party has waived the confidentiality designation by failing to oppose 9 ||a motion to remove confidentiality as described above, all parties shall continue to 10 || afford the material in question the level of protection to which it is entitled under the a 11 || Producing Party’s designation until the court rules on the challenge. » | 12 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 13 || Designating Party may remove Protected Material/Confidential Documents from Z 2 14 ||some or all of the protections and provisions of this Stipulation and its associated 2c 15 || Order at any time by any of the following methods: | 16 (a) Express Written Withdrawal. A Designating Party may withdraw a 3 Fl —17||*CONFIDENTIAL” designation made to any specified Protected Material 18 || /Confidential Documents from some or all of the protections of this Stipulation and 19 || its associated Order by an express withdrawal in a writing signed by such Party (or 20 |)such Party’s Counsel, but not including staff of such Counsel) that specifies and 21 |)itemizes the Disclosure or Discovery Material previously designated as Protected 22 || Material/Confidential Documents that shall no longer be subject to all or some of the 23 || provisions of this Stipulation and Order. Such express withdrawal shall be effective 24 when transmitted or served upon the Receiving Party. If a Designating Party is 25 || withdrawing Protected Material from only some of the provisions/ protections of this 26 || Stipulation and Order, such Party must state which specific provisions are no longer 27 ||to be enforced as to the specified material for which confidentiality protection 28 ||hereunder is withdrawn: otherwise, such withdrawal shall be construed as a 4891-3437-0612.1 13 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || withdrawal of such material from all of the protections/provisions of this Stipulation 2 ||and Order; 3 (b) Express Withdrawal on the Record. A Designating Party may withdraw 4} }a “CONFIDENTIAL” designation made to any _ specified Protected 5 || Material/Confidential Documents from all of the provisions/protections of this 6 || Stipulation and its associated Order by verbally consenting in court proceedings on 7||the record to such withdrawal — provided that such withdrawal specifies the 8 || Disclosure or Discovery Material previously designated as Protected Material/ 9 || Confidential Documents that shall no longer be subject to any of the provisions of this 10 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected A 11 || Material from only some of the protections/provisions of this Stipulation and Order

12 || by this method; 13 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A Z 2 14 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 2c 15 || designation made to any specified Protected Material/Confidential Documents from 16 □□ □□□ of the provisions/protections of this Stipulation and Order by either (1) making 3 Fi! —17||such Protected Material/Confidential Records part of the public record — including 18 || but not limited to attaching such as exhibits to any filing with the court without 19 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely 20 || oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to 21 || specified Protected Material/Confidential Documents. 22||7. ACCESS TO AND USE OF PROTECTED MATERIAL. 23 7.1. Basic Principles. A Receiving Party may use Protected Material that is 24 || disclosed or produced by another Party or by a non-party in connection with this case 25 || only for preparing, prosecuting, defending, or attempting to settle this litigation — up 26 || to and including final disposition of the above-entitled action — and not for any other 27 || purpose, including any other litigation or dispute outside the scope of this action. 28 || Such Protected Material may be disclosed only to the categories of persons and under 4891-3437-0612.1 14 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || the conditions described in this Stipulation and its associated Order. When the above 2 ||entitled litigation has been terminated, a Receiving Party must comply with the 3 || provisions of section 11, below (FINAL DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a 5 ||location and in a secure manner that ensures that access is limited to the persons 6 || authorized under this Stipulation and its Order. 7 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 8 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 9 || Receiving Party may disclose any information or item designated CONFIDENTIAL 10 || only to: a 11 (a) the Receiving Party’s Outside Counsel of record in this action, as well

| 12 ||as employees of such Counsel to whom it is reasonably necessary to disclose the 13 || information for this litigation; Z 2 14 (b) the officers, directors, and employees (including House Counsel) of the 2c 15 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each 16 || of whom, by accepting receipt of such Protected Material, thereby agree to be bound 3 FI 17]| by this Stipulation and Order; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the 20 || ““Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (d) the Court and its personnel; 22 (e) court reporters and their staff; 23 (f) professional jury or trial consultants, mock jurors, and Professional 24 || Vendors to whom disclosure is reasonably necessary for this Action and who have 25 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (g) the author or recipient of a document containing the information or a 27 || custodian or other person who otherwise possessed or knew the information; 28 (h) during their depositions, witnesses and attorneys for witnesses to whom 4891-3437-0612.1 15 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || disclosure is reasonably necessary, provided that the deposing party requests that the 2 || witness sign the form attached as Exhibit A hereto and the witnesses will not be 3 permitted to keep any confidential information unless they sign the form, unless 4|/otherwise agreed by the Designating Party or ordered by the Court. Pages of 5 ||transcribed deposition testimony or exhibits to depositions that reveal Protected 6 || Material may be separately bound by the court reporter and may not be disclosed to 7 || anyone except as permitted under this Order; 8 (i) any mediator or settlement officer, and their supporting personnel, 9||mutually agreed on by any of the Parties engaged in settlement discussions or 10 || appointed by the Court; and a 11 (j) the author or custodian of a document containing the information that

12 || constitutes Protected Material, or other person who otherwise possessed or knew the SF 13 || information. Z 2 14 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected 2c 15 || Material/Confidential Documents to persons to whom this Stipulation and its Order | 16|| permits disclosure or production, a Receiving Party shall provide a copy of this 5 17 || Stipulation and Order to such persons so as to put such persons on notice as to the 18 || restrictions imposed upon them herein: except that, for court reporters, Professional 19|| Vendors, and for witnesses being provided with Protected Material during a 20 || deposition, it shall be sufficient notice for Counsel for the Receiving Party to give the 21 || witness a verbal admonition (on the record, for witnesses) regarding the provisions of 22 || this Stipulation and its Order and such provisions’ applicability to specified Protected 23 || Material at issue. 24 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be 25 || construed so as to require any Producing Party to designate any records or materials 26 |}as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so 27 ||as to prevent the admission of Protected Material into evidence at the trial of this 28 || action, or in any appellate proceedings for this action, solely on the basis that such 4891-3437-0612.1 16 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1||Disclosure or Discovery Material has been designated as _ Protected 2 || Material/Confidential Documents. Notwithstanding the foregoing, nothing in this 3 || Stipulation and Order shall be construed as a waiver of any privileges or of any rights 4||to object to the use or admission into evidence of any Protected Material in any 5 || proceeding; nor shall anything herein be construed as a concession that any privileges 6 || asserted or objections made are valid or applicable. Nothing in this Stipulation and 7 Order shall be construed so as to prevent the Designating Party (or its Counsel or 8 || custodian of records) from having access to and using Protected Material designated 9 || by that Party in the manner in which such persons or entities would typically use such 10 || materials in the normal course of their duties or profession — except that the waiver of a 11 || confidentiality provisions shall apply (see section 6.4(c), supra). » 12 7.5. Requirement to File Confidential Documents Under Seal. Confidential 13 || Documents may be submitted in all law and motion proceedings before the Court if Z 2 14 || done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or 2c 15 || United States District Court, Central District of California Local Rules 79-5.1 and 79- 16||5.2 (as applicable) and pursuant to the provisions of this Stipulation and any 3 Fl 17 || associated Order. 18 (This paragraph (7.5) shall not be construed so as to prevent a Designating 19 || Party or counsel from submitting, filing, lodging, or publishing any document it has 20 || previously designated as a Confidential Document without compliance with this 21 || paragraph’s requirement to do so under seal (i.e., a producing-disclosing party or 22 ||counsel may submit or publish its own Confidential Documents without being in 23 || violation of the terms of this Stipulation and its Protective Order). 24 Furthermore, a Receiving Party shall be exempted from the requirements of 25 this paragraph as to any specifically identified Confidential Document(s) where — 26 || prior to the submission or publication of the Confidential Document(s) at issue — the 27 || Designating Party of such specifically identified Confidential Document(s) has 28 || waived/withdrawn the protections of this Stipulation and its Order (pursuant to 4891-3437-0612.1 17 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || paragraph 6.4, supra). 2 Nothing in this paragraph shall be construed to bind the Court or its authorized 3 || staff so as to limit or prevent the publication of any Confidential Documents to the 4 || jury or factfinder, at the time of trial of this matter, where the Court has deemed such 5 || Confidential Documents to be admissible into evidence. 6 Nothing in this Stipulation or in any associated Order shall be construed as any 7 || entitlement for the parties to file any documents or materials under seal; nor shall the 8 || parties’ Stipulation or this Order be construed as any exemption from any of the 9 || requirements of Central District Local Rule 79-5. The parties are required to comply 10 || with the applicable Local Rules in their entirety. If the Court denies a party’s request a 11 || for filing material under seal, that material may be filed in the public record unless

12 || otherwise instructed by the Court. Zé! 13 PROTECTED MATERIAL _SUBPOENAED OR ORDERED 22) PROPECED IN OTHER LITIGATION: 2c 15 If a Party is served with a subpoena or a court order issued in other litigation 16||that compels disclosure of any information or items designated in this action as 3 Fl 17||“CONFIDENTIAL,” that Party must: 18 (a) promptly notify in writing the Designating Party, preferably (though not 19 || necessarily) by facsimile or electronic mail. Such notification shall include a copy of 20 || the subpoena or court order at issue, unless prohibited by law; 21 (b) promptly notify in writing the party who caused the subpoena or order to 22 || issue in the other litigation that some or all of the material covered by the subpoena 23 || or order is subject to this Stipulation and its Protective Order. Such notification shall 24 || include a copy of this Stipulation and its Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued 26 || by all sides in any such situation, while adhering to the terms of this Stipulation and 27 || its Order. 28 If the Designating Party timely seeks a protective order, the Party served with 4891-3437-0612.1 18 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || the subpoena or court order shall not produce any information designated in this action 2 ||as “CONFIDENTIAL” before a determination by the relevant court, unless the Party 3 || has obtained the Designating Party’s permission. The Designating Party shall bear the 4 || burden and expense of seeking protection in that court of its confidential material — 5 || and nothing in these provisions should be construed as authorizing or encouraging a 6 || Receiving Party in this action to disobey a lawful directive from another court. 7 The purpose of this section is to ensure that the affected Party has a meaningful 8 || opportunity to preserve its confidentiality interests. 9 || 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 10 9.1. Unauthorized Disclosure of Protected Material. se} Il If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

» | 12 || Protected Material to any person or in any circumstance not authorized under this 13 || Stipulation and Order, the Receiving Party must immediately: Z 2 14 (a) notify in writing the Designating Party of the unauthorized disclosures; 2c 15 (b) use its best efforts to retrieve all copies of the Protected Material; 16 (c) inform the person or persons to whom unauthorized disclosures were made 3 A 17 || of all the terms of this Order; and 18 (d) request such person or persons consent to be bound by the Stipulation and 19 || Order. 20 9.2. Inadvertent Production of Privileged or Otherwise Protected Material. 21 When a Producing Party gives notice to Receiving Parties that certain 22 || inadvertently produced material is subject to a claim of privilege or other protection, 23 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 || may be established in an e-discovery order that provides for production without prior 26 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 ||parties reach an agreement on the effect of disclosure of a communication or 28 || information covered by the attorney-client privilege or work product protection, the 4891-3437-0612.1 19 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || parties may incorporate their agreement in the stipulated protective order submitted 2 || to the court, provided the court so allows. 3/10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED. 4 10.1. Filing of Protected Material. 5 Without advance written permission from the Designating Party, or a court 6 || order secured after appropriate notice to all interested persons, a Receiving Party may 7 || not file in the public record in this action any Protected Material. A Party that seeks 8 || to file under seal any Protected Material must comply with the applicable Federal and 9 || Local Rules. 10 10.2. Public Dissemination of Protected Material. se} Il A Receiving Party shall not publish, release, post, or disseminate Protected

» 12 || Material to any persons except those specifically delineated and authorized by this 13 || Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish, Z 2 14 || release, leak, post, or disseminate Protected Material/Confidential Documents to any ad 15 || news media, member of the press, website, or public forum. = | 16|}11. FINAL DISPOSITION, 5 17 Unless otherwise ordered or agreed in writing by the Producing Party, within 18 || thirty (30) days after the final termination of this action (defined as the dismissal or 19 || entry of judgment by the above named court, or if an appeal is filed, the disposition 20 || of the appeal), upon written request by the Producing Party, each Receiving Party 21 || must return all Protected Material to the Producing Party — whether retained by the 22 || Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non- 23 || party to whom the Receiving Party produced or shared such records or information. 24 As used in this subdivision, “all Protected Material’ includes all copies, 25 || abstracts, compilations, summaries or any other form of reproducing or capturing any 26 ||of the Protected Material, regardless of the medium (hardcopy, electronic, or 27 || otherwise) in which such Protected Material is stored or retained. 28 In the alternative, at the discretion of the Receiving Party, the Receiving Party 4891-3437-0612.1 20 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || may destroy some or all of the Protected Material instead of returning it — unless such 2 || Protected Material is an original, in which case, the Receiving Party must obtain the 3 || Producing Party’s written consent before destroying such original Protected Material. 4 Whether the Protected Material is returned or destroyed, the Receiving Party 5 || must submit a written certification to the Producing Party (and, if not the same person 6||or entity, to the Designating Party) within thirty (30) days of the aforementioned 7 || written request by the Designating Party that specifically identifies (by category, 8 || where appropriate) all the Protected Material that was returned or destroyed and that 9 || affirms that the Receiving Party has not retained any copies, abstracts, compilations, 10 || summaries or other forms of reproducing or capturing any of the Protected material a 11 || Gn any medium, including but not limited to any hardcopy, electronic or digital copy, 12 || or otherwise). SF 13 Notwithstanding this provision, Counsel are entitled to retain an archival copy Z 2 14 || of all pleadings, motion papers, transcripts, legal memoranda filed with the court in 2c 15||this action, as well as any correspondence or attorney work product prepared by 16 || Counsel for the Receiving Party, even if such materials contain Protected Material; 5 17 || however, any such archival copies that contain or constitute Protected Material remain 18 || subject to this Protective Order as set forth in Section 4 (DURATION), above. This 19 || court shall retain jurisdiction in the event that a Designating Party elects to seek court 20 || sanctions for violation of this Stipulation and its Order. 21|}12. MISCELLANEOUS. 22 12.1. Right to Further Relief. Nothing in this Stipulation and its Order 23 || abridges the right of any person to seek its modification by the Court in the future. 24 12.2. Right to Assert Other Objections. By stipulating to the entry of a 25 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise 26 || would have to object to disclosing or producing any information or item on any 27 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any 28 || right to object on any ground to use in evidence any of the material covered by this 4891-3437-0612.1 21 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 || Stipulation and its Protective Order. 2 |} /// 3 | /// 4 |} /// 10 a 11 mm ae 12 Oy Ze! 13 Os: Ze, 14 26) 15 =o Z| 16 5 Al 17 18 19 20 21 22 23 24 25 26 27 28 4891-3437-0612.1 22 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 12.3. This Stipulation may be signed in counterpart and a facsimile or 2 || electronic signature shall be as valid as an original signature. 3 IT IS SO STIPULATED. 5 || DATED: September 20, 2022 HERBERT & HAYDEN 7 By: /s/ Herbert Hayden John W. Harris 8 Herbert Hayden 9 Attorneys for Plaintiff, 10 RODERICK GARCIA

a 11

, 12 || DATED: September 20, 2022 MANNING & KASS 4 fe ELLROD, RAMIREZ, TRESTER LLP ME! 13 Ossi Ze 14 BS 15 By: /s/ Garros Chan Ss Mildred K. O'Linn Z| 16 Garros Chan D 7 Attorneys for Defendants, CITY OF AZUSA; OFFICER J. ARIAS, 18 individually; OFFICER J. BEAVER, 19 individually; OFFICER B. HILDEBRANDT, individually 20 21 22 IT IS SO ORDERED. 23 □ bly, W 24 || Dated: September 21, 2022 25 JEAN P. ROSENBLUTH UNITED STATES MAGISTRATE JUDGE 26 27 28 4891-3437-0612.1 23 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, [full name], of 5 || [full address], declare under penalty of perjury that I have read in its entirety and 6 || understand the Stipulated Protective Order that was issued by the U.S. District Court 7 || for the Central District of California on [date] in the case of [insert 8 || case name and number]. | agree to comply with and to be bound by all terms of 9 || this Stipulated Protective Order, and I understand and acknowledge that failure to so 10 || comply could expose me to sanctions and punishment, including contempt. I A 11 || solemnly promise that I will not disclose in any manner any information or item that

12 || is subject to this Stipulated Protective Order to any person or entity except in strict 13 || compliance with the provisions of this Order. Z 2 14 I further agree to submit to the jurisdiction of the U.S. District Court for the 2c 15 || Central District of California for the purpose of enforcing the terms of this 16 || Stipulated Protective Order, even if such enforcement proceedings occur after 3 1 17|| termination of this action. I hereby appoint [full 18 || name] of [full address and 19 || telephone number] as my California agent for service of process in connection with 20 || this action or any proceedings related to enforcement of this Stipulated Protective 21 || Order. 22 || Date: 23 || City and State where signed: 24 25 || Printed name: 26 27 || Signature: 28 4891-3437-0612.1 24 Case No. 2:22-CV-03457-MWF-JPR AMENDED STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS