Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 1 of 16 Page ID #:76

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 TOREY COSTELLO, Case No. 2:22-cv-03682-GW-AGR 12 Plaintiff, STIPULATED PROTECTIVE ORDER RE: DISCLOSURE OF 13 v. CONFIDENTIAL INFORMATION 14 CITY OF LOS ANGELES; and DOES 1 through 10, inclusive, 15 [Discovery Document: Referred to Defendants. Magistrate Judge Alicia G. Rosenberg] 16 17 18 19 20 1. GENERAL 21 1.1 Purposes and Limitations. 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -1- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 2 of 16 Page ID #:77

1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 1.2 Good Cause Statement. 4 This action involves the City of Los Angeles and members of the Los 5 Angeles Police Department. Plaintiff is seeking materials and information that 6 Defendant the City of Los Angeles et al. (“City”) maintains as confidential, such as 7 personnel files of the police officers involved in this incident, Internal Affairs 8 materials and information, video recordings (including Body-Worn Video 9 recordings and Digital In-Car Video recordings), audio recordings, and other 10 administrative materials and information currently in the possession of the City and 11 which the City believes needs special protection from public disclosure and from 12 use for any purpose other than prosecuting this litigation. Plaintiff is also seeking 13 official information contained in the personnel files of the police officers involved 14 in the subject incident, which the City maintains as strictly confidential and which 15 the City believes needs special protection from public disclosure and from use for 16 any purpose other than prosecuting this litigation. 17 The City asserts that the confidentiality of the materials and information 18 sought by Plaintiff is recognized by California and federal law, as evidenced by, 19 inter alia, California Penal Code section 832.7 and Kerr v. United States Dist. Ct. 20 for N.D. Cal.,

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

(1976). The 21 City has not publicly released the materials and information referenced above 22 except under protective order or pursuant to a court order, if at all. These materials 23 and information are of the type that has been used to initiate disciplinary action 24 against Los Angeles Police Department (“LAPD”) officers, and has been used as 25 evidence in disciplinary proceedings, where the officers’ conduct was considered to 26 be contrary to LAPD policy. 27 The City contends that absent a protective order delineating the 28 responsibilities of nondisclosure on the part of the parties hereto, there is a specific BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -2- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 3 of 16 Page ID #:78

1 risk of unnecessary and undue disclosure by one or more of the many attorneys, 2 secretaries, law clerks, paralegals and expert witnesses involved in this case, as well 3 as the corollary risk of embarrassment, harassment and professional and legal harm 4 on the part of the LAPD officers referenced in the materials and information. 5 Accordingly, to expedite the flow of information, to facilitate the prompt 6 resolution of disputes over confidentiality of discovery materials, to adequately 7 protect information the parties are entitled to keep confidential, to ensure that the 8 parties are permitted reasonably necessary uses of such material in preparation for 9 and in the conduct of trial, to address their handling at the end of the litigation, and 10 serve the ends of justice, a protective order for such information is justified in this 11 matter. It is the intent of the parties that information will not be designated as 12 confidential for tactical reasons and that nothing be so designated without a good 13 faith belief that it has been maintained in a confidential, non-public manner, and 14 there is good cause why it should not be part of the public record of this case. 15 1.3 Acknowledgment of Procedure for Filing Under Seal. 16 The parties agree that any pleadings, motions, briefs, declarations, 17 stipulations, exhibits or other written submissions to the Court in this litigation 18 which contain or incorporate Confidential Material shall be lodged with an 19 application and/or joint stipulation to file the papers or the portion thereof 20 containing the Confidential Material, under seal. 21 The parties agree that they will meet and confer regarding the necessity of 22 seeking an order from the Court filing under seal any pleadings, motions, briefs, 23 declarations, stipulations, exhibits or other documents and/or materials at least five 24 days prior to filing any application and/or joint stipulation to file under seal. 25 The parties further acknowledge, as set forth in Section 12.3, below, that this 26 Stipulated Protective Order does not automatically entitle them to file confidential 27 information under seal and that Local Civil Rule 79-5 sets forth the procedures that 28 must be followed and the standards that will be applied when a party seeks BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -3- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 4 of 16 Page ID #:79

1 permission from the Court to file material under seal. 2 2. DEFINITIONS 3 2.1 Action: Torey Costello v. City of Los Angeles, et al. Case No. 2:22- 4 cv-03682-GW-AGR. 5 2.2 Challenging Party: a Party or Non-Party that challenges the 6 designation of information or items under this Order. 7 2.3 “CONFIDENTIAL” Information or Items: information (regardless 8 of how it is generated, stored or maintained) or tangible things that qualify for 9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 10 the Good Cause Statement. This also includes (1) any information copied or 11 extracted from the Confidential information; (2) all copies, excerpts, summaries, 12 abstracts or compilations of Confidential information; and (3) any testimony, 13 conversations, or presentations that might reveal Confidential information. 14 2.4 Counsel: Counsel of record for the parties to this civil litigation and 15 their support staff. 16 2.5 Designating Party: a Party or Non-Party that designates information 17 or items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, 20 regardless of the medium or manner in which it is generated, stored, or maintained 21 (including, among other things, testimony, transcripts, and tangible things), that are 22 produced or generated in disclosures or responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 2.8 Final Disposition: when this Action has been fully and completely 27 terminated by way of settlement, dismissal, trial and/or appeal. 28 2.9 House Counsel: attorneys other than Counsel (as defined in paragraph BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -4- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 5 of 16 Page ID #:80

1 2.4) and who are employees of a party to this Action. 2 2.10 Non-Party: any natural person, partnership, corporation, association 3 or other legal entity not named as a Party to this action. 4 2.11 Outside Counsel of Record: attorneys who are not employees of a 5 party to this Action but are retained to represent or advise a party to this Action and 6 have appeared in this Action on behalf of that party or are affiliated with a law firm 7 that has appeared on behalf of that party, and includes support staff. 8 2.12 Party: any party to this Action, including all of its officers, directors, 9 boards, departments, divisions, employees, consultants, retained experts, and 10 Outside Counsel of Record (and their support staffs). 11 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 12 Discovery Material in this Action. 13 2.14 Professional Vendors: persons or entities that provide litigation 14 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 15 demonstrations, and organizing, storing, or retrieving data in any form or medium) 16 and their employees and subcontractors. 17 2.15 Protected Material: any Disclosure or Discovery Material that is 18 designated as “CONFIDENTIAL.” 19 2.16 Receiving Party: a Party that receives Disclosure or Discovery 20 Material from a Producing Party. 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or 24 extracted from Protected Material; (2) all copies, excerpts, abstracts, summaries, or 25 compilations of Protected Material; and (3) any testimony, conversations, or 26 presentations by Parties or their Counsel that might reveal Protected Material, other 27 than during a court hearing or trial. 28 Any use of Protected Material during a court hearing or at trial shall be BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -5- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 6 of 16 Page ID #:81

1 governed by the orders of the presiding judge. This Order does not govern the use 2 of Protected Material during a court hearing or at trial. 3 4. DURATION 4 Once a trial commences in this Action, information that was designated as 5 CONFIDENTIAL or maintained pursuant to this protective order and that is 6 introduced or admitted as an exhibit at trial becomes public and will be 7 presumptively available to all members of the public, including the press, unless 8 compelling reasons supported by specific factual findings to proceed otherwise are 9 made to the trial judge in advance of the trial. See Kamakana v. City and County of 10 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 11 showing for sealing documents produced in discovery from “compelling reasons” 12 standard when merits-related documents are part of court record). Accordingly, the 13 terms of this protective order do not extend beyond the commencement of the trial 14 as to the CONFIDENTIAL information and materials introduced or admitted as an 15 exhibit at trial. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for 18 Protection. 19 Each Party or Non-Party that designates information or items for protection 20 under this Order must take care to limit any such designation to specific material 21 that qualifies under the appropriate standards. The Designating Party must 22 designate for protection only those parts of material, documents, items or oral or 23 written communications that qualify so that other portions of the material, 24 documents, items or communications for which protection is not warranted are not 25 swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate or routinized designations are prohibited. Designations 27 that are shown to be clearly unjustified or that have been made for an improper 28 purpose (e.g., to unnecessarily encumber the case development process or to BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -6- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 7 of 16 Page ID #:82

1 impose unnecessary expenses and burdens on other parties) may expose the 2 Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, the Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided 7 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL” or words of a similar effect, and that includes the case name 16 and case number (hereinafter “CONFIDENTIAL legend”), to each page that 17 contains protected material. If only a portion of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected portion(s) 19 (e.g., by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for inspection 21 need not designate them for protection until after the inspecting Party has indicated 22 which documents it would like copied and produced. During the inspection and 23 before the designation, all of the material made available for inspection shall be 24 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 25 documents it wants copied and produced, the Producing Party must determine 26 which documents, or portions thereof, qualify for protection under this Order. Then, 27 before producing the specified documents, the Producing Party must affix the 28 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -7- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 8 of 16 Page ID #:83

1 portion of the material on a page qualifies for protection, the Producing Party also 2 must clearly identify the protected portion(s) (e.g., by making appropriate markings 3 in the margins). 4 (b) for testimony given in depositions that the Designating Party 5 identifies the Disclosure or Discovery Material on the record, before the close of 6 the deposition all protected testimony. 7 (c) for information produced in some form other than documentary 8 and for any other tangible items, that the Producing Party affix in a prominent place 9 on the exterior of the container or containers in which the information is stored the 10 legend “CONFIDENTIAL.” If only a portion or portions of the information 11 warrants protection, the Producing Party, to the extent practicable, shall identify the 12 protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive 15 the Designating Party’s right to secure protection under this Order for such 16 material. Upon timely correction of a designation, the Receiving Party must make 17 reasonable efforts to assure that the material is treated in accordance with the 18 provisions of this Order. 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. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37.1, et seq. 25 6.3 Burden. The burden of persuasion in any such challenge proceeding 26 shall be on the Designating Party. Frivolous challenges, and those made for an 27 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 28 other parties) may expose the Challenging Party to sanctions. Unless the BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -8- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 9 of 16 Page ID #:84

1 Designating Party has waived or withdrawn the confidentiality designation, all 2 parties shall continue to afford the material in question the level of protection to 3 which it is entitled under the Producing Party’s designation until the Court rules on 4 the challenge. 5 7. ACCESS TO AND USE OF PROTECTED MATERIAL 6 7.1 Basic Principles. A Receiving Party may use Protected Material that 7 is disclosed or produced by another Party or by a Non-Party in connection with this 8 Action only for prosecuting, defending or attempting to settle this Action. Such 9 Protected Material may be disclosed only to the categories of persons and under the 10 conditions described in this Order. When the Action has been terminated, a 11 Receiving Party must comply with the provisions of section 13 below (FINAL 12 DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 otherwise ordered by the court or permitted in writing by the Designating Party, a 18 Receiving Party may disclose any information or item designated 19 “CONFIDENTIAL” only to: 20 (a) Plaintiff Torey Costello; 21 (b) the Receiving Party’s Counsel of Record in this Action, as well 22 as employees of said Counsel of Record to whom it is reasonably necessary to 23 disclose the information for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to 25 whom disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 (e) court reporters and their staff; BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -9- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 10 of 16 Page ID #:85

1 (f) professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this Action 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (g) the author or recipient of a document containing the information 6 or a custodian or other person who otherwise possessed or knew the information; 7 (h) during their depositions, witnesses, and attorneys for witnesses, 8 in the Action to whom disclosure is reasonably necessary provided: (1) the 9 deposing party requests that the witness sign the form attached as Exhibit “A” 10 hereto; and (2) they will not be permitted to keep any confidential information 11 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 “A”), unless otherwise agreed by the Designating Party or ordered by the court. 13 Pages of transcribed deposition testimony or exhibits to depositions that reveal 14 Protected Material may be separately bound by the court reporter and may not be 15 disclosed to anyone except as permitted under this Stipulated Protective Order; and 16 (i) any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 discussions and who have signed the “Acknowledgment and Agreement to Be 19 Bound” (Exhibit A). 20 7.3 Counsel making the disclosure to any qualified person described 21 herein shall retain the original executed copy of the Nondisclosure Agreement until 22 sixty (60) days after this litigation has become final, including any appellate review, 23 and monitoring of an injunction. Counsel for the Receiving Party shall maintain all 24 signed Nondisclosure Agreements and shall produce the original signature page 25 upon reasonable written notice from opposing counsel. If an issue arises regarding a 26 purported unauthorized disclosure of Confidential Information, upon noticed 27 motion of contempt filed by the Designating Party, counsel for the Receiving Party 28 BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -10- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 11 of 16 Page ID #:86

1 may be required to file the signed Nondisclosure Agreements, as well as a list of the 2 disclosed materials, in camera with the Court having jurisdiction of the Stipulation. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 4 PRODUCED IN OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation 6 that compels disclosure of any information or items designated in this Action as 7 “CONFIDENTIAL,” that Party must: 8 (a) promptly notify in writing the Designating Party. Such 9 notification shall include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or 11 order to issue in the other litigation that some or all of the material covered by the 12 subpoena or order is subject to this Protective Order. Such notification shall include 13 a copy of this Stipulated Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be 15 pursued by the Designating Party whose Protected Material may be affected. 16 The Party served with the subpoena or court order shall not produce any 17 information designated in this action as “CONFIDENTIAL” before a determination 18 by the court from which the subpoena or order issued, unless the Party has obtained 19 the Designating Party’s permission, or unless otherwise required by the law or court 20 order. The Designating Party shall bear the burden and expense of seeking 21 protection in that court of its confidential material and nothing in these provisions 22 should be construed as authorizing or encouraging a Receiving Party in this Action 23 to disobey a lawful directive from another court. 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 PRODUCED IN THIS LITIGATION 26 (a) The terms of this Order are applicable to information produced 27 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 28 information produced by Non-Parties in connection with this litigation is protected BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -11- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 12 of 16 Page ID #:87

1 by the remedies and relief provided by this Order. Nothing in these provisions 2 should be construed as prohibiting a Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery 4 request, to produce a Non-Party’s confidential information in its possession, and the 5 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the 8 Non-Party that some or all of the information requested is subject to a 9 confidentiality agreement with a Non-Party; 10 (2) promptly provide the Non-Party with a copy of the 11 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 12 reasonably specific description of the information requested; and 13 (3) make the information requested available for inspection 14 by the Non-Party, if requested. 15 (c) If the Non-Party fails to seek a protective order from this court 16 within 14 days of receiving the notice and accompanying information, the 17 Receiving Party may produce the Non-Party’s confidential information responsive 18 to the discovery request. If the Non-Party timely seeks a protective order, the 19 Receiving Party shall not produce any information in its possession or control that 20 is subject to the confidentiality agreement with the Non-Party before a 21 determination by the court. Absent a court order to the contrary, the Non-Party shall 22 bear the burden and expense of seeking protection in this court of its Protected 23 Material. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 28 writing the Designating Party of the unauthorized disclosures, (b) use its best BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -12- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 13 of 16 Page ID #:88

1 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 2 person or persons to whom unauthorized disclosures were made of all the terms of 3 this Order, and (d) request such person or persons to execute the “Acknowledgment 4 and Agreement to Be Bound” that is attached hereto as Exhibit A. 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the Receiving Parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 11 whatever procedure may be established in an e-discovery order that provides for 12 production without prior privilege review. Pursuant to Federal Rule of Evidence 13 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 14 of a communication or information covered by the attorney-client privilege or work 15 product protection, the parties may incorporate their agreement in the stipulated 16 protective order submitted to the court. 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of 19 any person to seek its modification by the Court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order, no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in 23 this Stipulated Protective Order. Similarly, no Party waives any right to object on 24 any ground to use in evidence of any of the material covered by this Protective 25 Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Civil Rule 79-5. Protected Material 28 may only be filed under seal pursuant to a court order authorizing the sealing of the BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -13- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 14 of 16 Page ID #:89

1 specific Protected Material at issue. If a Party’s request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information 3 in the public record unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 2.8, within 6 60 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of the 10 Protected Material. Whether the Protected Material is returned or destroyed, the 11 Receiving Party must submit a written certification to the Producing Party (and, if 12 not the same person or entity, to the Designating Party) by the 60 day deadline that 13 (1) identifies (by category, where appropriate) all the Protected Material that was 14 returned or destroyed and (2)affirms that the Receiving Party has not retained any 15 copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, Counsel 17 are entitled to retain an archival copy of all pleadings, motion papers, trial, 18 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 19 and trial exhibits, expert reports, attorney work product, and consultant and expert 20 work product, even if such materials contain Protected Material. Any such archival 21 copies that contain or constitute Protected Material remain subject to this Protective 22 Order. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -14- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page150f16 Page ID #:90

1] 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 || including, without limitation, contempt proceedings and/or monetary sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || Dated: November 28, 2022 LAW OFFICES OF GREGORY 7 PEACOCK By: /s/ Gregory Peacock 9 Gregory Peacock | Attorney for Plaintiff TOREY 10 COSTELLO 11 12 13 || Dated: November 28, 2022 BURKE, WILLIAMS & SORENSEN, 14 15 By:_/s/ Brian S. Ginter 16 Brian S. Ginter’ Attorneys for Defendant CITY OF 17 LOS ANGELES 18 19 20 Having considered the papers, the finding that good cause exists, the Parties’ 21 || Stipulated Protective Order is granted. 22 IT IS SO ORDERED. 23 Whiac aonb 35 || Dated: November 28, 2022 HON. ALICTA G. ROSENBERG UNITED STATES MAGISTRATE JUDGE 26

! 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)(2VG). oninene TLE 2:22-CV-03682-GW-AGR avons san TA #AB89-8229-4848 v1 -1S- STIPULATED PROTECTIVE ORDER

Case 2:22-cv-03682-GW-AGR Document 20 Filed 11/28/22 Page 16 of 16 Page ID #:91

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 Torey Costello v. City of Los Angeles, 5 et al., United States District Court for the Central District of California, Central 6 Division, Case No. 2:22-cv-03682-GW-AGR, and hereby agree to comply with and 7 be bound by the terms and conditions of said Order. I hereby consent to the 8 jurisdiction of the United States District Court for the Central District of California 9 for purposes of enforcing this Order. 10 11 Dated: Signed: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BU S AR O TK TRE OE, RN NW ES YEI SL N AL , TI LA LLM AWPS& LA#4885-8229-4848v1 -16- STIPULATE2 D:2 P2 R-C OV T- E0 C36 T8 IV2- EG OW R-A DG ERR LOSANGELES