Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 1 of 14 Page ID #:117

1 ROB BONTA Attorney General of California 2 RHONDA L. MALLORY Supervising Deputy Attorney General 3 DOUGLAS E. BAXTER Deputy Attorney General 4 State Bar No. 201351 600 West Broadway, Suite 1800 5 San Diego, CA 92101 P.O. Box 85266 6 San Diego, CA 92186-5266 Telephone: (619) 738-9567 7 Fax: (619) 645-2581 E-mail: [email protected] 8 Attorneys for Defendant Officer Manzano

9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 CAMILO PINEDA,

13 Case No. 2:21-cv-08839-GW-JPRx Plaintiff, 14 v. STIPULATED PROTECTIVE 15 ORDER OFFICER MANZANO (#19595), and 16 DOES 1 TO 10, 17 Defendants.

18 19 Plaintiff, CAMILO PINEDA, and defendants, OFFICER MANZANO 20 (#19595), hereby stipulate and agree as follows that the following protective order: 21 22 1. INTRODUCTION 23 1.1 PURPOSES AND LIMITATIONS 24 Discovery in this action may involve production of confidential, proprietary, 25 or private information for which special protection from public disclosure and from 26 use for any purpose other than prosecuting this litigation may be warranted. 27 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 28 following Stipulated Protective Order. The Parties acknowledge that this Order Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 2 of 14 Page ID #:118

1 does not confer blanket protections on all disclosures or responses to discovery and 2 that the protection it affords from public disclosure and use extends only to the 3 limited information or items that are entitled to confidential treatment under the 4 applicable legal principles. The Parties further acknowledge, as set forth in Section 5 12.3 below, that this Order does not entitle them to file Confidential Information 6 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed 7 and the standards that will be applied when a Party seeks permission from the Court 8 to file material under seal. 9 1.2 GOOD CAUSE STATEMENT 10 This action is likely to involve peace officer personnel records, 11 sensitive/confidential policy/procedures documents, documents which reflect an 12 entity’s deliberative processes, internal and draft memoranda, third-party private 13 information, and individual personnel records, specifically for California Highway 14 Patrol officers and potentially employees of the California Department of Motor 15 Vehicles, for which special protection from public disclosure and from use for any 16 purpose other than prosecution of this action is warranted. Such confidential and 17 proprietary materials and information may consist of, among other things, peace 18 officer personnel records, juvenile records, documents which reflect an entity’s 19 deliberative processes, internal and draft memoranda, and information otherwise 20 generally unavailable to the public, or which may be privileged or otherwise 21 protected from disclosure under state or federal statutes, court rules, case decisions, 22 or common law. Accordingly, to expedite the flow of information, to facilitate the 23 prompt resolution of disputes over confidentiality of discovery materials, to 24 adequately protect information the parties are entitled to keep confidential, to ensure 25 that the parties are permitted reasonable necessary uses of such material in 26 preparation for and in the conduct of trial, to address their handling at the end of the 27 litigation, and serve the ends of justice, a protective order for such information is 28 justified in this matter. It is the intent of the parties that information will not be 2 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 3 of 14 Page ID #:119

1 designated as confidential for tactical reasons and that nothing be so designated 2 without a good faith belief that it has been maintained in a confidential, non-public 3 manner, and there is good cause why it should not be part of the public record of this 4 case. 5 6 7 2. DEFINITIONS 8 2.1 Action: Camilo Pineda v. Officer Manzano (#19595) and Does 1 to 10; 9 Central District Case No. 2:21-cv-8839-GW-JPRx. 10 2.2 Challenging Party: a Party or Nonparty that challenges the designation 11 of information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 13 how it is generated, stored, or maintained) or tangible things that qualify for 14 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the 15 Good Cause Statement. 16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 17 their support staff). 18 2.5 Designating Party: a Party or Nonparty that designates information or 19 items that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless 22 of the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced or 24 generated in disclosures or responses to discovery in this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 an expert witness or as a consultant in this action. 28 3 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 4 of 14 Page ID #:120

1 2.8 House Counsel: attorneys who are employees of a Party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.9 Nonparty: any natural person, partnership, corporation, association, or 5 other legal entity not named as a Party to this action. 6 2.10 Outside Counsel of Record: attorneys who are not employees of a 7 Party to this Action but are retained to represent or advise a Party and have appeared 8 in this Action on behalf of that Party or are affiliated with a law firm that has 9 appeared on behalf of that Party, including support staff. 10 2.11 Party: any Party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 2.12 Producing Party: a Party or Nonparty that produces Disclosure or 14 Discovery Material in this Action. 15 2.13 Professional Vendors: persons or entities that provide litigation 16 support services (for example, photocopying, videotaping, translating, preparing 17 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or 18 medium) and their employees and subcontractors. 19 2.14 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 2.15 Receiving Party: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above) but also any information copied or extracted 26 from Protected Material; all copies, excerpts, summaries, or compilations of 27 Protected Material; and any testimony, conversations, or presentations by Parties or 28 their Counsel that might reveal Protected Material. 4 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 5 of 14 Page ID #:121

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

(9th Cir. 2006) (distinguishing “good cause” 10 showing for sealing documents produced in discovery from “compelling reasons” 11 standard when merits-related documents are part of court record). Accordingly, the 12 terms of this protective order do not extend beyond the commencement of the trial. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Each Party or Nonparty that designates information or items for 15 protection under this Order must take care to limit any such designation to specific 16 material that qualifies under the appropriate standards. The Designating Party must 17 designate for protection only those parts of material, documents, items, or oral or 18 written communications that qualify so that other portions of the material, 19 documents, items, or communications for which protection is not warranted are not 20 swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (for example, to unnecessarily encumber the case-development process or 24 to impose unnecessary expenses and burdens on other parties) may expose the 25 Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items it 27 designated for protection do not qualify for that level of protection, that Designating 28 5 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 6 of 14 Page ID #:122

1 Party must promptly notify all other Parties that it is withdrawing the inapplicable 2 designation. 3 5.2 Except as otherwise provided in this Order, Disclosure or Discovery 4 Material that qualifies for protection under this Order must be clearly so designated 5 before the material is disclosed or produced. 6 Designation in conformity with this Order requires the following: 7 (a) for information in documentary form (for example, paper or electronic 8 documents but excluding transcripts of depositions or other pretrial or trial 9 proceedings), the Producing Party must affix at a minimum the legend 10 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 11 or portions of the material on a page qualify for protection, the Producing Party 12 must clearly identify the protected portion(s) (for example, by making appropriate 13 markings in the margins). 14 A Party or Nonparty that makes original documents available for 15 inspection need not designate them for protection until after the inspecting Party has 16 indicated which documents it would like copied and produced. During the 17 inspection and before the designation, all material made available for inspection 18 must be treated as “CONFIDENTIAL.” After the inspecting Party has identified the 19 documents it wants copied and produced, the Producing Party must determine which 20 documents, or portions thereof, qualify for protection under this Order. Then, 21 before producing the specified documents, the Producing Party must affix the 22 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 23 portion or portions of the material on a page qualify for protection, the Producing 24 Party also must clearly identify the protected portion(s) (for example, by making 25 appropriate markings in the margins). 26 (b) for testimony given in depositions, the Designating Party must identify 27 the Disclosure or Discovery Material that is protected on the record, before the close 28 of the deposition. 6 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 7 of 14 Page ID #:123

1 (c) for information produced in some form other than documentary and for 2 any other tangible items, the Producing Party must affix in a prominent place on the 3 exterior of the container or containers in which the information is stored the legend 4 “CONFIDENTIAL.” If only a portion or portions of the information warrant 5 protection, the Producing Party, to the extent practicable, must identify the protected 6 portion(s). 7 5.3 If timely corrected, an inadvertent failure to designate qualified 8 information or items does not, standing alone, waive the Designating Party’s right to 9 secure protection under this Order for that material. On timely correction of a 10 designation, the Receiving Party must make reasonable efforts to assure that the 11 material is treated in accordance with the provisions of this Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Any Party or Nonparty may challenge a designation of confidentiality 14 at any time consistent with the Court’s scheduling order. 15 6.2 The Challenging Party must initiate the dispute-resolution process (and, 16 if necessary, file a discovery motion) under Local Rule 37. 17 6.3 The burden of persuasion in any such proceeding is on the Designating 18 Party. Frivolous challenges, and those made for an improper purpose (for example, 19 to harass or impose unnecessary expenses and burdens on other parties), may expose 20 the Challenging Party to sanctions. Unless the Designating Party has waived or 21 withdrawn the confidentiality designation, all parties must continue to afford the 22 material in question the level of protection to which it is entitled under the 23 Producing Party’s designation until the Court rules on the challenge. 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 25 7.1 A Receiving Party may use Protected Material that is disclosed or 26 produced by another Party or by a Nonparty in connection with this Action only for 27 prosecuting, defending, or attempting to settle this Action. Such Protected Material 28 may be disclosed only to the categories of people and under the conditions described 7 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 8 of 14 Page ID #:124

1 in this Order. When the Action has been terminated, a Receiving Party must comply 2 with the provisions of Section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a manner sufficiently secure to ensure that access is limited to the 5 people authorized under this Order. 6 7.2 Unless otherwise ordered by the Court or permitted in writing by the 7 Designating Party, a Receiving Party may disclose any information or item 8 designated “CONFIDENTIAL” only to the following people: 9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 10 well as employees of that Outside Counsel of Record to whom it is reasonably 11 necessary to disclose the information for this Action; 12 (b) the officers, directors, and employees (including House Counsel) of 13 the Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom 15 disclosure is reasonably necessary for this Action and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (d) the Court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional 20 Vendors to whom disclosure is reasonably necessary for this Action and who have 21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses and attorneys for witnesses to 25 whom disclosure is reasonably necessary, provided that the deposing party requests 26 that the witness sign the form attached as Exhibit A hereto and the witnesses will 27 not be permitted to keep any confidential information unless they sign the form, 28 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of 8 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 9 of 14 Page ID #:125

1 transcribed deposition testimony or exhibits to depositions that reveal Protected 2 Material may be separately bound by the court reporter and may not be disclosed to 3 anyone except as permitted under this Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, 5 mutually agreed on by any of the Parties engaged in settlement discussions or 6 appointed by the Court. 7 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL,” that Party must 13 (a) promptly notify in writing the Designating Party. Such notification 14 must include a copy of the subpoena or court order unless prohibited by law; 15 (b) promptly notify in writing the party who caused the subpoena or order 16 to issue in the other litigation that some or all of the material covered by the 17 subpoena or order is subject to this Protective Order. Such notification must include 18 a copy of this Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 pursued by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with 22 the subpoena or court order should not produce any information designated in this 23 action as “CONFIDENTIAL” before a determination on the protective-order request 24 by the relevant court unless the Party has obtained the Designating Party’s 25 permission. The Designating Party bears the burden and expense of seeking 26 protection of its Confidential Material, and nothing in these provisions should be 27 construed as authorizing or encouraging a Receiving Party in this Action to disobey 28 a lawful directive from another court. 9 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 10 of 14 Page ID #:126

1 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 5 protected by the remedies and relief provided by this Order. Nothing in these 6 provisions should be construed as prohibiting a Nonparty from seeking additional 7 protections. 8 (b) In the event that a Party is required by a valid discovery request to 9 produce a Nonparty’s Confidential Information in its possession and the Party is 10 subject to an agreement with the Nonparty not to produce the Nonparty’s 11 Confidential Information, then the Party must 12 (1) promptly notify in writing the Requesting Party and the Nonparty 13 that some or all of the information requested is subject to a confidentiality 14 agreement with a Nonparty; 15 (2) promptly provide the Nonparty with a copy of this Order, the 16 relevant discovery request(s), and a reasonably specific description of the 17 information requested; and 18 (3) make the information requested available for inspection by the 19 Nonparty, if requested. 20 (c) If the Nonparty fails to seek a protective order within 21 days of 21 receiving the notice and accompanying information, the Receiving Party may 22 produce the Nonparty’s Confidential Information responsive to the discovery 23 request. If the Nonparty timely seeks a protective order, the Receiving Party must 24 not produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Nonparty before a ruling on the protective-order 26 request. Absent a court order to the contrary, the Nonparty must bear the burden 27 and expense of seeking protection of its Protected Material. 28 10 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 11 of 14 Page ID #:127

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Order, the Receiving Party must immediately notify the Designating Party in writing 5 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized 6 copies of the Protected Material, inform the person or people to whom unauthorized 7 disclosures were made of the terms of this Order, and ask that person or people to 8 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 9 as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain 12 inadvertently produced material is subject to a claim of privilege or other protection, 13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 14 Procedure 26(b)(5)(B). 15 12. MISCELLANEOUS 16 12.1 Nothing in this Order abridges the right of any person to seek its 17 modification by the Court. 18 12.2 By stipulating to the entry of this Order, no Party waives any right it 19 otherwise would have to object to disclosing or producing any information or item 20 on any ground not addressed in this Order. Similarly, no Party waives any right to 21 object on any ground to use in evidence of any of the material covered by this 22 Order. 23 12.3 A Party that seeks to file under seal any Protected Material must 24 comply with Civil Local Rule 79-5. Protected Material may be filed under seal only 25 pursuant to a court order authorizing the sealing of the specific Protected Material at 26 issue. If a Party's request to file Protected Material under seal is denied, then the 27 Receiving Party may file the information in the public record unless otherwise 28 11 Case 2:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 12 of 14 Page ID #:128

1 instructed by the Court. 2 13. FINAL DISPOSITION 3 After the final disposition of this Action, as defined in paragraph 4, within 60 4 days of a written request by the Designating Party, each Receiving Party must return 5 all Protected Material to the Producing Party or destroy such material. As used in 6 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 7 summaries, and any other format reproducing or capturing any of the Protected 8 Material. Whether the Protected Material is returned or destroyed, the Receiving 9 Party must submit a written certification to the Producing Party (and, if not the same 10 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 11 category, when appropriate) all the Protected Material that was returned or 12 destroyed and affirms that the Receiving Party has not retained any copies, abstracts, 13 compilations, summaries, or any other format reproducing or capturing any of the 14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 15 archival copy of all pleadings; motion papers; trial, deposition, and hearing 16 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 17 reports; attorney work product; and consultant and expert work product even if such 18 materials contain Protected Material. Any such archival copies that contain or 19 constitute Protected Material remain subject to this Order as set forth in Section 4 20 (DURATION). 21 22 23 24 25 26 27 28 12 Case #:21-cv-08839-GW-JPR Document 28 Filed 02/01/23 Page 13 o0f14 Page ID #:129

1 || 14. SANCTIONS 2 Any willful violation of this Order may be punished by civil or criminal 3 || contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 4 || other appropriate action at the discretion of the Court. 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || DATED: January 26, 2023 __/S/Erin Darling Attomeys for Plaintiff 9 CAMILO PINEDA

10 11 || DATED: January 26, 2023 /s/ Douglas E. Baxter D Attorneys for Defendant

13 || DATED: February 1, 2023 14 is eeltete

16 || JEAN P. ROSENBLUTH 7 U.S. MAGISTRATE JUDGE

18 19 20 21 22 23 24 25 26 27 28 13

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 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]. I 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 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. 14 I further agree to submit to the jurisdiction of the U.S. District Court for the 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 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 14