11 James R. Touchstone, SBN 184584 [email protected] 22 Denise L. Rocawich, SBN 232792 [email protected] 33 JONES MAYER 3777 North Harbor Boulevard 44 Fullerton, CA 92835 Telephone: (714) 446-1400 55 Facsimile: (714) 446-1448 Attorneys for Defendants 66

77 THE SEHAT LAW FIRM, P.L.C. Cameron Sehat, Esq. (SBN: 256535) 88 [email protected] 5100 Campus Dr., Ste 200 99 Newport Beach, CA 92660 Telephone: (949) 825-5200 1100 Facsimile: (949) 313-5001

1111 Attorney for Plaintiff, Gustavo Mares

1122

1133 UNITED STATES DISTRICT COURT

1144 CENTRAL DISTRICT OF CALIFORNIA

1155 GUSTAVO MARES, Individually; Case No.: 5:22-CV-01099-FMO-KK

1166 Plaintiff, Judge: Hon. Fernando M. Olguin vs. Magistrate Judge: Hon. Kenly Kiya Kato 1177

1188 COUNTY OF SAN BERNARDINO; [PROPOSED] STIPULATED A Governmental Entity; DEVON PROTECTIVE ORDER 1199 STEUERWALD, Individually; JOSEPH MORA, Individually, and 2200 DOES 1 through 10,

2211 Defendants.

2222

2233

2244

2255

2266

2277 11 [PROPOSED] STIPULATED PROTECTIVE ORDER

22 Pursuant to Federal Rule of Civil Procedure 26(c), Defendants, COUNTY

33 OF SAN BERNARDINO, DEVON STUERWALD, and JOSEPH MORA, and

44 Plaintiff GUSTAVO MARES (collectively "the Parties"), by their undersigned

55 counsel, agree to be bound to the terms of the following Protective Order. The

66 Parties represent that pre-trial discovery in this case is likely to include the

77 production of information and/or documents that are confidential and/or privileged

88 including the production of peace officer personnel file information and/or

99 documents which the Parties agree includes: (1) Personal data, including marital

1100 status, family members, educational and employment history, home addresses, or

1111 similar information; (2) Medical history; (3) Election of employee benefits; (4)

1122 Employee advancement, appraisal, or discipline; and (5) Complaints, or

1133 investigations of complaints, concerning an event or transaction in which a peace

1144 officer participated, or which a peace officer perceived, and pertaining to the

1155 manner in which the peace officer performed his or her duties including compelled

1166 statements by peace officers unless specifically denoted as “not confidential”

1177 pursuant to Penal Code section 832.7. Defendants contend that such information is

1188 privileged as official information. Sanchez v. City of Santa Ana,

,

1199 1033 (9th Cir. Cal. 1990); see also Kerr v. United States Dist. Ct. for N.D. Cal.,

2200

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

,

,

725 (1976). Further, discovery may require the production of certain San

2222 Bernardino County Sheriffs’ Office Policies and Procedures not available to the

2233 public and the public disclosure of which could comprise officer safety, raise

2244 security issues, and/or impede investigations. Peace officer personnel file

2255 information and/or documents and security-sensitive policies and procedures are

2266 hereinafter referred to as "Confidential Information".

2277 Defendants contend that that public disclosure of such material poses a

substantial risk of embarrassment, oppression and/or physical harm to peace 11 officers whose Confidential Information is disclosed. The Parties further agree that

22 the risk of harm to peace officers is greater than with other government employees

33 due to the nature of their profession. Finally, the Defendants contend that the

44 benefit of public disclosure of Confidential Information is minimal while the

55 potential disadvantages are great.

66 Accordingly, good cause exists for entry of this Protective Order to facilitate

77 pre-trial disclosure while assuring the safety of these sensitive disclosures. See

88 Fed. R. Civ. Proc. 26(c).

99 SO STIPULATED

1100 Dated: May 4, 2023 Respectfully submitted, 1111 JONES MAYER 1122

1133 By: s/Denise L. Rocawich 1144 JAMES R. TOUCHSTONE DENISE L. ROCAWICH 1155 Attorneys for Defendants

1166

1177 Dated: May 4, 2023 Respectfully submitted, 1188 THE SEHAT LAW FIRM, PLC 1199

2200 By: s/Cameron Sehat 2211 CAMERON SEHAT 2222 Attorneys for Plaintiff

2233

2244

2255

2266

2277 11 [PROPOSED] PROTECTIVE ORDER

22 PER THE STIPULATION OF THE PARTIES AND GOOD CAUSE

33 APPEARING, IT IS HEREBY ORDERED that the terms and conditions of this

44 Protective Order shall govern the handling of Discovery Materials containing

55 Confidential Information in matter of Mares v. County of San Bernardino et al.

66 USCD Case No. 22-CV-01099-FMO-KK ("the Litigation"):

77 1. Applicability of Order: This Order does not and will not govern any

88 trial proceedings in this Litigation, but will otherwise be applicable to and govern

99 the handling of documents, except for documents that are disclosed during

1100 discovery which would otherwise be publicly available, depositions, deposition

1111 exhibits, interrogatory responses, responses to requests for admissions, responses

1122 to requests for production of documents, and all other discovery obtained pursuant

1133 to the Federal Rules of Civil Procedure by Plaintiff in connection with the

1144 Litigation (this information hereinafter referred to as “Discovery Material”).

1155 2. Designation of Material: The Parties may designate Discovery

1166 Material that is in their possession, custody or control to be produced to Plaintiff as

1177 “Confidential Information” under the terms of this Order if the Parties believe in

1188 good faith reasonably believe that such Discovery Material contains non-public,

1199 confidential material as defined in section 4 below.

2200 3. Exercise of Restraint and Care in Designating Material for

2211 Protection: When designating Discovery Material for protection as Confidential

2222 Information under this Order, the Parties must take care to limit any such

2233 designation to specific material that qualifies under the appropriate standards.

2244 Mass, indiscriminate, or routinized designations are prohibited.

2255 4. Confidential Information: For purposes of this Order, Confidential

2266 Information is any information and/or documents that Defendants believe in good

2277 faith to be Peace Officer Personnel File Information and/or Documents including:

(1) Personal data, including marital status, family members, educational and 11 employment history, home addresses, or similar information; (2) Medical history;

22 (3) Election of employee benefits; (4) Employee advancement, appraisal, or

33 discipline; and (5) Complaints, or investigations of complaints, concerning an

44 event or transaction in which a peace officer participated, or which a peace officer

55 perceived, and pertaining to the manner in which the peace officer performed his

66 or her duties including compelled statements unless specifically denoted as “not

77 confidential” pursuant to Penal Code section 832.7. Confidential Information is

88 also any San Bernardino County Sheriffs’ Office Policies and Procedures not

99 available to the public and the public disclosure of which could comprise officer

1100 safety, raise security issues, and/or impede investigations.

1111 5. Designating Confidential Information: The designation of

1122 Discovery Material as Confidential Information for purposes of this Order shall be

1133 made in the following manner:

1144 a. Documents: In the case of documents or other materials (apart from

1155 depositions or other pre-trial testimony), designation shall be made by

1166 stamping “Confidential” to each page containing any Confidential

1177 Information. Any such stamp shall not overwrite or otherwise

1188 obscure the text or images of any page.

1199 b. Deposition and Other Proceedings: In the case of depositions or other

2200 pre-trial testimony, designation of the portion of the transcript

2211 (including exhibits) which contains Confidential Information shall be

2222 made (i) by a statement to such effect on the record during the

2233 proceeding in which the testimony is received, or (ii) by written notice

2244 served on counsel of record in this Litigation within thirty (30)

2255 business days after the receipt of the draft transcript of such

2266 deposition or other pre-trial proceeding. However, before such thirty

2277 (30) day period expires, all testimony, exhibits and transcripts of

depositions or other testimony shall be treated as Confidential 11 Information. Thereafter, only those portions properly designated shall

22 be deemed Confidential Information.

33 c. Non-Written Materials: Any non-written Confidential Information

44 (e.g., videotape, audio tape, computer disk, etc.) may be designated

55 as such by labeling the outside of such non-written material

66 designated as “Confidential”. In the event Plaintiff generates any

77 “hard copy” transcription or printout from any such designated non-

88 written materials, the person who generates such “hard copy”

99 transcription shall take reasonable steps to maintain the

1100 confidentiality of such materials.

1111 6. Inadvertent Disclosure: The inadvertent failure to designate

1122 Discovery Information as "Confidential" does not constitute a waiver of such claim

1133 and may be remedied by prompt supplemental written notice upon discovery of the

1144 inadvertent disclosure, with the effect that such Discovery Material will be subject

1155 to the protections of this Order. Plaintiff shall exercise good faith efforts to ensure

1166 that copies they make of Confidential Information produced to him, and copies

1177 made by others who obtained such Confidential Information directly or indirectly

1188 from the Plaintiff include the appropriate confidentiality legend, to the same extent

1199 that the Confidential Information has been marked with the appropriate

2200 confidentiality legend by the Defendants.

2211 7. No Waiver of Privilege: Inadvertent disclosure of Confidential

2222 Information or otherwise privileged information shall not constitute a waiver of, or

2233 estoppel as to any claim of privilege. This Order is intended to provide the full

2244 protection afforded by Federal Rule of Evidence 502(d).

2255 8. Claw-Back: Pursuant to Federal Rule of Civil Procedure 26(b)(5),

2266 upon learning it may have produced Confidential or otherwise privileged

2277 Information, Defendants shall, within ten (10) days of such discovery, request the

return of such Information in writing by identifying the Confidential or otherwise 11 privileged Information and stating the basis on which the Information should be

22 withheld from production. After being notified, Plaintiff must promptly return,

33 sequester, or destroy the Confidential or otherwise privileged Information and any

44 copies, must not use or disclose the Information until the claim is resolved and

55 must take reasonable steps to retrieve the Confidential or otherwise privileged

66 Information if he disclosed the Information before being notified. If Plaintiff

77 dispute Defendants' claim of confidentiality or privilege; they shall notify the

88 Defendant claiming confidentiality of the dispute and the basis therefore in writing

99 within thirty (30) days of receipt of the request for the return of the Confidential or

1100 otherwise privileged Information. The Plaintiff and the Defendant claiming

1111 confidentiality shall meet and confer in good faith regarding the disputed claim

1122 within thirty (30) days. In the event that the Plaintiff and the Defendant claiming

1133 confidentiality do not resolve their dispute, either party may bring a motion for a

1144 determination of whether a privilege applies. If such a motion is made, the

1155 Defendant claiming confidentiality shall request the Court review confidential

1166 documents in camera. Parties shall not submit documents to the Court without

1177 prior authorization. The submission to the Court shall not constitute a waiver of

1188 any privilege or protection. Defendants must preserve the Information claimed to

1199 be privileged or otherwise protected until the claim is resolved. Any motion

2200 challenging or seeking to retain a party’s designation of material as confidential or

2211 privileged, concerning confidential Information filed under seal, or regarding this

2222 Protective Order must be brought in strict compliance with Local Civil Rules 37-1

2233 and 37-2, including the Joint Stipulation requirement. If a party’s request to file

2244 Confidential Material under seal is denied by the Court, then the Receiving Party

2255 may file the information in the public record unless otherwise instructed by the

2266 Court.

2277 9. Notes of Confidential Information: Any notes, lists, memoranda,

indices, compilations prepared or based on an examination of Confidential 11 Information that quote from or paraphrase, Confidential Information with such

22 specificity that the Confidential Information can be identified, or by reasonable

33 logical extension can be identified, shall be accorded the same status of

44 confidentiality as the underlying Confidential Information from which they are

55 made and shall be subject to all of the terms of this Order.

66 10. Persons Authorized To Receive Confidential Information:

77 Discovery Material designated “Confidential” may be disclosed, summarized,

88 described, characterized or otherwise communicated or made available in whole or

99 in part only to the following persons:

1100 a. The Court, persons employed by the Court who are necessary for the

1111 handling of the Litigation, and court reporters transcribing the

1122 testimony or argument at a hearing, trial or deposition in this

1133 Litigation or any appeal there from;

1144 b. Counsel of record in this Litigation, as well as paralegals, technical,

1155 administrative and clerical employees working under the direct

1166 supervision of such counsel;

1177 c. Experts or consultants assisting any counsel of record in this

1188 Litigation, provided such experts and consultants agree to be bound

1199 by the terms and conditions set forth in the “Agreement Concerning

2200 Information Covered by Protective Order” attached hereto as

2211 Exhibit "A" prior to the time such information is disclosed; and

2222 d. Any other person, only upon order of the Court or upon stipulation

2233 of the Parties, and who agrees to be bound by the terms and conditions

2244 set forth in the “Agreement Concerning Information Covered by

2255 Protective Order” attached hereto as Exhibit "A" prior to the time such

2266 Information is disclosed. However, under no circumstances shall

2277 home addresses or telephone numbers of individual Defendants be

provided to Plaintiff. 11 The terms of this Protective Order do not apply to the Court and court

22 personnel, who are subject only to the Court’s internal procedures regarding the

33 handling of material filed or lodged, including material filed or lodged under seal.

44 11. Use of Confidential Discovery Material: Discovery Material

55 containing Confidential Information shall be used solely for purposes of the

66 Litigation, including any appeal and re-trial. Any person or entity in possession of

77 Discovery Material designated Confidential shall maintain those materials in

88 accordance with Paragraph (storage) below.

99 12. Storage Of Confidential Information: The recipient of any

1100 Confidential Information that is provided under this Protective Order shall

1111 maintain such information in a reasonably secure and safe manner that ensures that

1122 access is limited to the persons authorized under this Order.

1133 13. Filing of Confidential Information: Without written permission

1144 from Defendants or a Court order, Plaintiff may not file in the public record in this

1155 action any Confidential Information. Filing this information in the public record

1166 must occur under seal in compliance with Local Rule 79-5 when seeking to file

1177 Confidential Information under seal. Confidential Information may only be filed

1188 under seal pursuant to a separate court order authorizing the sealing of the specific

1199 Confidential Material at issue. If a party’s request to file Confidential Material

2200 under seal is denied by the Court, then the Receiving Party may file the

2211 information in the public record unless otherwise instructed by the Court.

2222 The party desiring to place any Confidential Information before the Court

2233 shall lodge the information in a sealed envelope along with an application to file

2244 the papers or the portion thereof containing Confidential Information under seal

2255 and a copy of a Proposed Order Sealing Documents. Said envelope shall be

2266 endorsed with the title of the Litigation, an indication of the nature of the contents

2277 of such sealed envelope, the identity of the party filing the materials, the phrase

“Confidential Information” and a statement substantially in the following form: 11 THIS ENVELOPE CONTAINS MATERIALS SUBJECT TO A

22 PROTECTIVE ORDER ENTERED IN THIS LITIGATION. IT

33 IS NOT TO BE OPENED NOR ARE ITS CONTENTS TO BE

44 DISPLAYED, REVEALED, OR MADE PULBIC, EXCEPT BY

55 ORDER OF THE COURT. UNLESS THE COURT ORDERS THAT IT

66 NOT BE FILED, IT SHALL BE FILED UNDER SEAL.

77 Additionally, within seven (7) days from the date that the papers (or portions

88 thereof) were filed under seal consistent with the above procedures, the party who

99 filed the papers under seal also shall file in the public record a version of the

1100 papers that has been redacted to omit the Confidential Information or any

1111 references thereto).

1122 As for any other information disclosed during discovery and marked

1133 “Confidential” that either party wishes to file in the public record in this action in

1144 support of or in opposition to any motion, the parties shall specifically identify any

1155 such documents and seek a stipulation concerning any sealing requirement

1166 therefore during the parties Local Rule 7-3 conference of counsel. If no agreement

1177 can be reached, the party advancing the “confidential” designation bears the

1188 burden of moving to have those documents sealed by the court.

1199 Additionally, any motion challenging or seeking to retain a party’s

2200 designation of material as confidential or privileged, concerning Confidential

2211 Information filed under seal, or regarding this Protective Order must be brought in

2222 strict compliance with Local Civil Rules 37-1 and 37-2, including the Joint

2233 Stipulation requirement.

2244 14. No Prejudice: Agreeing to be bound by this Protective Order,

2255 agreeing to and/or producing or receiving Confidential Information or otherwise

2266 complying with the terms of this Order shall not:

2277 a. Prejudice in any way the rights of Defendants to object to the

production of documents it considers not subject to discovery, or 11 operate as an admission by Defendants that the restrictions and

22 procedures set forth herein constitute adequate protection for any

33 particular information deemed by Defendants to be Confidential

44 Information;

55 b. Prejudice in any way the rights of Defendants to object to the

66 authenticity or admissibility into evidence of any document,

77 testimony or other evidence subject to this Order;

88 c. Prejudice in any way the rights of Defendants to seek a determination

99 by the Court whether any Confidential Information should be subject

1100 to the terms of this Order;

1111 15. Challenging Designation of Information: Plaintiff may challenge

1122 the propriety of a Confidential Information designation by providing to the

1133 Defendant claiming confidentiality a writing which briefly: (i) identifies with

1144 reasonable particularity the documents and/or information which are the subject of

1155 the challenge; and (ii) describes the basic legal or factual grounds for the

1166 challenge. Once a challenge is made, the Defendant claiming confidentiality will

1177 bear the burden of initiating and conducting a sufficient meet and confer (per Local

1188 Rule 37-1); and, if necessary, Defendant claiming confidentiality will bear the

1199 burdens of proof and persuasion in moving for a Protective Order (per Local Rule

2200 37-2) to uphold the challenged Confidential Information designation(s). Until the

2211 Court rules on the timely filed Motion for Protective Order, all parties shall

2222 continue to afford the material in question the level of protection to which it is

2233 entitled under the claiming Defendants’ designation.

2244 Any challenge to a designation of confidentiality must be made at a time that

2255 is consistent with the Court’s Scheduling Order in this matter.

2266 16. Additional Parties or Attorneys: In the event additional parties join

2277 or intervene in this action, the newly joined party(ies) shall not have access to

Confidential Information until its counsel has executed an agreement to be fully 11 bound by this Order. If any additional attorneys make appearances in this

22 Litigation, those attorneys shall not have access to Confidential Information until

33 they execute the “Agreement Concerning Information Covered by Protective

44 Order” attached hereto as Exhibit "A".

55 17. Protective Order Remains In Force: This Protective Order shall

66 remain in force and effect until modified, superseded, or terminated by consent of

77 the Parties or by order of the Court made upon reasonable written notice. Unless

88 otherwise ordered, or agreed upon by the parties, this Protective Order shall

99 survive the termination of this action. The Court retains jurisdiction even after

1100 termination of this action to enforce this Protective Order and to make such

1111 amendments, modifications, deletions and additions to this Protective Order as the

1122 Court may from time to time deem appropriate.

1133 18. Conclusion of Litigation: Within ninety (90) days after receiving

1144 notice of the entry of an order, judgment or decree finally disposing of this

1155 Litigation, all persons having received Confidential Information shall either return

1166 such material and all copies thereof to the counsel of the Defendant who

1177 designated the information as Confidential or destroy all such Confidential

1188 Information including the Confidential Information Plaintiff provided to other

1199 persons. In either case, counsel for Plaintiff must certify that fact to the counsel of

2200 the Defendant who designated the information as Confidential. However, Counsel

2211 for Plaintiff will be allowed to keep an entire copy of the client’s file including any

2222 properly designated confidential documents and will not violate any state bar rules

2233 requiring to keep a copy of the client’s file for the minimum period of time allotted

2244 by the agency.

2255 19. Redaction Allowed: Defendants may redact Confidential Information

2266 from documents and things produced to the extent that such information consists of

2277 personal identifying information of third parties per Federal Rule of Civil

Procedure 5.2 and Central District Local Rule 5.2-1 and/or personal identifying 11 information of peace officers or their family members, such as ID numbers, phone

22 numbers, addresses, or medical history which is unrelated to any claim or defense

33 raised in the instant action. Defendants shall mark each thing where matter has

44 been redacted with a legend stating “REDACTED,” as appropriate, or a

55 comparable notice.

66 20. Violations of Protective Order: In the event that any person or party

77 should violate the terms of this Protective Order, the aggrieved party should apply

88 to the Court obtain relief against any such person or party violating or threatening

99 to violate any of the terms of this Protective Order.

1100 Any motion seeking injunctive relief for violation of this Protective Order

1111 must be brought before the assigned Magistrate Judge in strict compliance with

1122 Local Civil Rules 37-1 and 37-2, including the Joint Stipulation requirement.

1133 21. Protected Material Subpoenaed or Ordered Produced in Other

1144 Litigation:

1155 A. If a Party is served with a subpoena or a court order issued in other

1166 litigation that compels disclosure of any information or items designated in this

1177 Action as “CONFIDENTIAL,” that Party must:

1188 1. Promptly notify in writing the Designating Party. Such

1199 notification shall include a copy of the subpoena or court order;

2200 2. Promptly notify in writing the party who caused the subpoena

2211 or order to issue in the other litigation that some or all of the

2222 material covered by the subpoena or order is subject to this

2233 Protective Order. Such notification shall include a copy of this

2244 Protective Order; and

2255 3. Cooperate with respect to all reasonable procedures sought to

2266 be pursued by the Designating Party whose Protected Material

2277 may be affected.

B. If the Designating Party timely seeks a protective order, the Party 1 | served with the subpoena or court order shall not produce any informatio 2 || designated in this action as “CONFIDENTIAL” before a determination by th 3 || Court from which the subpoena or order issued, unless the Party has obtained th 4 || Designating Party’s permission. The Designating Party shall bear the burden an 5 || expense of seeking protection in that court of its confidential material and nothin 6 || in these provisions should be construed as authorizing or encouraging a Receivin 7 || Party in this Action to disobey a lawful directive from another court. 9 IT IS SO ORDERED. 10 11 || Dated: May 5, 2023 12 13 14 en 15 □□□ □□□ oman JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 □

11 EXHIBIT "A"TO STIPULATED PROTECTIVE ORDER

22 UNITED STATES DISTRICT COURT 33 CENTRAL DISTRICT OF CALIFORNIA 44 GUSTAVO MARES, Individually; Case No: 22-CV-01099-FMO-KK 55 Plaintiff, AGREEMENT CONCERNING 66 vs. INFORMATION COVERED BY STIPULATED PROTECTIVE 77 ORDER COUNTY OF SAN BERNARDINO; 88 A Governmental Entity; DEVON STEUERWALD, Individually;

JOSEPH MORA, Individually, and 99 DOES 1 through 10,

1100 Defendants.

1111

1122 1. I, __________________________________, hereby acknowledge 1133 that I have received a copy of the Stipulated Protective Order entered in this 1144 Litigation [Case No: 22-CV-01099-FMO-KK] by the United States District Court 1155 for the Central District of California (hereinafter, “the Protective Order”). 1166 2. I have either read the Protective Order or have had the terms of the 1177 Protective Order explained to me by my attorney. 1188 3. I understand the terms of the Protective Order and agree to comply 1199 with and to be bound by such terms. 2200 4. If I receive documents or information designated as Confidential 2211 Information (as that term is defined in the Protective Order), I understand that such 2222 Information is provided to me pursuant to the terms and restrictions of the 2233 Protective Order. 2244 5. I agree to hold in confidence and not further disclose or use for any 2255 purpose (other than is permitted by the Protective Order) any Confidential 2266 Information disclosed to me pursuant to the terms of the Protective Order. 2277 6. I hereby submit myself to the jurisdiction of the United States District 11 Court for the Central District of California for resolution of any matters pertaining

22 to the Protective Order.

33

44 My address is:____________________________________

55

66 My present employer is: ________________________________

77

88 Dated: ______________

99

1100

1111 Signed: _________________________

1122

1133

1144

1155

1166

1177

1188

1199

2200

2211

2222

2233

2244

2255

2266

2277