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LAW OFFICES OF DALE K. GALIPO 1 Dale K. Galipo, Esq. (SBN 144074) 2 [email protected] Marcel F. Sincich, Esq. (SBN 319508) 3 [email protected] 21800 Burbank Boulevard, Suite 310 4 Woodland Hills, CA 91367 5 Tel: (818) 347-3333 Fax: (818) 347-4118 6 LAW OFFICES OF GRECH & PACKER 7 Trenton C. Packer (SBN 241057) [email protected] 8 7095 Indiana Ave Ste 200 9 Riverside, CA 92506 Tel: (951) 682-9311 10 Attorneys for Plaintiffs 11

12 Roger A. Colvin, Esq. (SBN 068773) Araceli Almazan, Esq. (SBN 284225) 13 Attorneys at Law 13181 Crossroads Parkway North 14 Suite 400 – West Tower City of Industry, CA 91746 15 Tel: (562) 699-5500 – Fax (562) 692-2244 16 [email protected]

17 Attorneys for Defendants 18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 HECTOR BARBA, SR, et al. CASE NO. 2:22-cv-08987-FMO (JEMx) 21

[Honorable Fernando M. Olguin] 22 Plaintiffs, Magistrate Judge John E. McDermott

23 v. 24 STIPULATED PROTECTIVE CITY OF HUNTINGTON PARK, et ORDER 25 al., 26 Defendant(s). 27 28 Case 2:22-cv-08987-FMO-JEM Document 16 Filed 03/23/23 Page 2 of 15 Page ID #:105

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Stipulated Protective Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords from public disclosure and 9 use extends only to the limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. The parties further acknowledge, as 11 set forth in Section 12.3 below, that this Stipulated Protective Order does not entitle 12 them to file confidential information under seal; Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a 14 party seeks permission from the Court to file material under seal. Discovery in this 15 action is likely to involve production of confidential, proprietary, or private 16 information for which special protection from public disclosure and from use for 17 any purpose other than prosecuting this litigation may be warranted. 18 19 1. GOOD CAUSE STATEMENT 20 This action is likely to involve confidential, proprietary, or private 21 information for which special protection from public disclosure and from use for 22 any purpose other than prosecution of this action is warranted. Such confidential 23 and proprietary materials and information consist of, among other things, 24 confidential business or financial information, information regarding confidential 25 business practices, or other confidential information (including information 26 implicating privacy rights of third parties), information otherwise generally 27 unavailable to the public, or which may be privileged or otherwise protected from 28 disclosure under state or federal statutes, court rules, case decisions, or common

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1 law. Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the parties are entitled to keep confidential, to ensure that the 4 parties are permitted reasonable necessary uses of such material in preparation for 5 and in the conduct of trial, to address their handling at the end of the litigation, and 6 to serve the ends of justice, a protective order for such information is justified in 7 this matter. It is the intent of the parties that information will not be designated as 8 confidential for tactical reasons and that nothing be so designated without a good 9 faith belief that it has been maintained in a confidential, non-public manner, and 10 there is good cause why it should not be part of the public record of this case. 11 12 2. DEFINITIONS 13 2.1. Action: This pending federal lawsuit; Barba, et al. v. City of 14 Huntington Park, et al., Case No. 2:22-cv-08987-FMO (JEMx). 15 2.2. Challenging Party: A Party or Nonparty that challenges the 16 designation of information or items under this Order. 17 2.3. “CONFIDENTIAL” Information or Items: Information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for 19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 the Good Cause Statement. 21 2.4. Counsel: Outside Counsel of Record and In-House Counsel (as well 22 as their support staff). 23 2.5. Designating Party: A Party or Nonparty that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 2.6. Disclosure or Discovery Material: All items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 among other things, testimony, transcripts, and tangible things), that is produced or

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1 generated in disclosures or responses to discovery in this matter. 2 2.7. Expert: A person with specialized knowledge or experience in a 3 matter pertinent to the litigation who has been retained by a Party or its counsel to 4 serve as an expert witness or as a consultant in this Action. 5 2.8. House Counsel: Attorneys who are employees of a party to this 6 Action. House Counsel does not include Outside Counsel of Record or any other 7 outside counsel. 8 2.9. Non-party: Any natural person, partnership, corporation, association, 9 or other legal entity not named as a Party to this action. 10 2.10. Outside Counsel of Record: Attorneys who are not employees of a 11 party to this Action but are retained to represent or advise a party to this Action and 12 have appeared in this Action on behalf of that party or are affiliated with a law firm 13 which has appeared on behalf of that party, and includes support staff. 14 3.11. Party: Any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 support staffs). 17 3.12. Producing Party: A Party or Nonparty that produces Disclosure or 18 Discovery Material in this Action. 19 3.13. Professional Vendors: Persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 21 demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 and their employees and subcontractors. 23 3.14. Protected Material: Any Disclosure or Discovery Material that is 24 designated as “CONFIDENTIAL.” 25 3.15. Receiving Party: A Party that receives Disclosure or Discovery 26 Material from a Producing Party. 27 28 / / /

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1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Once a case proceeds to trial, all of the information that was designated as 12 confidential or maintained pursuant to this Stipulated Protective Order becomes 13 public and presumptively will be available to all members of the public, including 14 the press, unless compelling reasons supported by specific factual findings to 15 proceed otherwise are made to the trial judge in advance of the trial. See 16 Kamakana v. City and County of Honolulu,

(9th Cir. 2006) 17 (distinguishing “good cause” showing for sealing documents produced in discovery 18 from “compelling reasons” standard when merits-related documents are part of 19 court record). Accordingly, the terms of this Stipulated Protective Order do not 20 extend beyond the commencement of the trial. 21 22 5. DESIGNATING PROTECTED MATERIAL 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 under 25 this Order must take care to limit any such designation to specific material that 26 qualifies under the appropriate standards. The Designating Party must designate for 27 protection only those parts of material, documents, items, or oral or written 28 communications that qualify so that other portions of the material, documents,

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

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

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1 resolution process, which shall comply with Local Rule 37.1 et seq. 2 6.3. The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper 4 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 5 parties) may expose the Challenging Party to sanctions. Unless the Designating 6 Party has waived or withdrawn the confidentiality designation, all parties shall 7 continue to afford the material in question the level of protection to which it is 8 entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 7. ACCESS TO AND USE OF PROTECTED MATERIALS 11 7.1. Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending, or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under the 15 conditions described in this Order. When the Action has been terminated, a 16 Receiving Party must comply with the provisions of section 13 below (FINAL 17 DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, 26 as well as employees of said Outside Counsel of Record to whom it is reasonably 27 necessary to disclose the information for this Action; 28 (b) the officers, directors, and employees (including House

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1 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 2 Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to 4 whom disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and 9 Professional Vendors to whom disclosure is reasonably necessary for this Action 10 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 11 A); 12 (g) the author or recipient of a document containing the information 13 or a custodian or other person who otherwise possessed or knew the information; 14 (h) during their depositions, witnesses ,and attorneys for witnesses, 15 in the Action to whom disclosure is reasonably necessary provided: (1) the 16 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 17 and (2) they will not be permitted to keep any confidential information unless they 18 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 19 otherwise agreed by the Designating Party or ordered by the court. Pages of 20 transcribed deposition testimony or exhibits to depositions that reveal Protected 21 Material may be separately bound by the court reporter and may not be disclosed to 22 anyone except as permitted under this Stipulated Protective Order; and 23 (i) any mediator or settlement officer, and their supporting 24 personnel, mutually agreed upon by any of the parties engaged in settlement 25 discussions. 26 27 / / / 28 / / /

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

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1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non- 7 Party that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party immediately must (1) notify in 27 writing the Designating Party of the unauthorized disclosures, (2) use its best 28 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the

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1 person or persons to whom unauthorized disclosures were made of all the terms of 2 this Stipulated Protective Order, and (4) request such person or persons to execute 3 the “Acknowledgment and Agreement to be Bound” (Exhibit A). 4 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 18 12. MISCELLANEOUS 19 12.1. Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2. Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in 24 this Stipulated Protective Order. Similarly, no Party waives any right to object on 25 any ground to use in evidence of any of the material covered by this Protective 26 Order. 27 12.3. Filing Protected Material. A Party that seeks to file under seal any 28 Protected Material must comply with Civil Local Rule 79-5. Protected Material

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1 may only be filed under seal pursuant to a court order authorizing the sealing of the 2 specific Protected Material at issue. If a Party's request to file Protected Material 3 under seal is denied by the court, then the Receiving Party may file the information 4 in the public record unless otherwise instructed by the court. 5 6 13. FINAL DISPOSITION 7 After the final disposition of this Action, as defined in paragraph 4, within 60 8 days of a written request by the Designating Party, each Receiving Party must 9 return all Protected Material to the Producing Party or destroy such material. As 10 used in this subdivision, “all Protected Material” includes all copies, abstracts, 11 compilations, summaries, and any other format reproducing or capturing any of the 12 Protected Material. Whether the Protected Material is returned or destroyed, the 13 Receiving Party must submit a written certification to the Producing Party (and, if 14 not the same person or entity, to the Designating Party) by the 60 day deadline that 15 (1) identifies (by category, where appropriate) all the Protected Material that was 16 returned or destroyed and (2)affirms that the Receiving Party has not retained any 17 copies, abstracts, compilations, summaries or any other format reproducing or 18 capturing any of the Protected Material. Notwithstanding this provision, Counsel 19 are entitled to retain an archival copy of all pleadings, motion papers, trial, 20 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 21 and trial exhibits, expert reports, attorney work product, and consultant and expert 22 work product, even if such materials contain Protected Material. Any such archival 23 copies that contain or constitute Protected Material remain subject to this Protective 24 Order as set forth in Section 4 (DURATION). 25 / / / 26 / / / 27 / / / 28 / / /

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14. Any violation of this Order may be punished by any and all 2 || appropriate measures including, without limitation, contempt proceedings and/or 3 || monetary sanctions. 5 | ISSO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || DATED: March 23, 2023 LAW OFFICES OF DALE K. GALIPO LAW OFFICES OF GRECH & PACKER By: /s/ Marcel F. Sincich 10 Dale K. Galipo, Esq. 11 Marcel F. Sincich, Esq. Trenton C. Packer, Esq. 12 Attorneys for Plaintiffs 13 14 DATED: March 23, 2023 ALVEREZ-GLASMAN & COLVIN

15 By: /s/ Roger A. Colvin 16 Roger A. Colvin, Esq. 17 Araceli Almazan, Esq. ig Attorneys for Defendants 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 ph EWeDeral Dated: 3/23/2023 22 John E. McDermott 23 United States Magistrate Judge 24 25 26 27 28 14

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [full name], of 4 [address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Central District of California on 7 [date] in the case of Barba, et al. v. City of Huntington Park, et al., Case No. 2:22- 8 cv-08987-FMO (JEMx). I agree to comply with and to be bound by all the terms of 9 this Stipulated Protective Order, and I understand and acknowledge that failure to 10 so comply could expose me to sanctions and punishment in the nature of contempt. 11 I solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Stipulated Protective Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the 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 name] 18 of [address and telephone number] 19 as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Signature: 23 Printed Name: 24 Date: 25 City and State Where Sworn and Signed: 26 27 28

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