1 || Eugene P. Ramirez (State Bar No. 134865) [email protected] 2 Kayleigh Andersen (State Bar No. 306442) kaa manninglip.com 3 || Jessica Becerra (State Bar No. 325884) Mosnmenninglip.com □□ MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 51/801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 6 || Telephone: (213) 624-6900 Facsimile: (213) 624-6999 7 Attorneys for Defendant, COUNTY OF RIVERSIDE 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 = 12 || MANUEL MARTINEZ and Case No.5:22-cv-02144-JGB-SHK ig MANUELA GARCIA MARTINEZ, 13 Plaintiffs, 14 VS. STIPULATED PROTECTIVE 15 ORDER RE CONFIDENTIAL COUNTY OF RIVERSIDE, and DOES | DOCUMENTS 16 || 1 through 10, inclusive, Complaint Filed: 03/04/22 mi 17 Defendant(s). 18 || TO THE HONORABLE COURT: 20 By and through their counsel of record in this action, MANUEL MARTINEZ 21 l!and MANUELA GARCIA MARTINEZ ("Plaintiffs"), and COUNTY OF 22 || RIVERSIDE ("Defendant") — the parties — hereby stipulate for the purpose of jointly 23 requesting that the honorable Court enter a protective order re confidential documents 24 || in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as U.S. Dist. Ct., ||§.D. Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of the Court] — as 26 || follows: 27 28

1 GOOD CAUSE STATEMENT 2|}1. A. PURPOSES AND LIMITATIONS. 3 Discovery in this action is likely to involve production of confidential, 4||as proprietary, or private information for which special protection from 5 || public disclosure and from use for any purpose other than prosecuting this litigation 6 || may be warranted. Accordingly, the parties hereby stipulate to and petition the Court 7 || to enter the following Stipulated Protective Order. The parties acknowledge that this 8 ||Order does not confer blanket protections on all disclosures or responses to 9 || discovery and that the protection it affords from public disclosure and use extends 10 || only to the limited information or items that are entitled to confidential treatment =| ]/under the applicable legal principles. The parties further acknowledge, as set forth in

12 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 13 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 || procedures that must be followed and the standards that will be applied when a party 15 □□ seeks permission from the court to file material under seal. 16 B. GOOD CAUSE STATEMENT. 17 Defendant contends that there is good cause and a particularized need for a 18 || protective order to preserve the interests of confidentiality and privacy in peace officer || personnel file records and associated investigative or confidential records for the 20 || following reasons. 21 First, Defendant contends that peace officers have a federal privilege of privacy 22 ||in their personnel file records: a reasonable expectation of privacy therein that is 23 || underscored, specified, and arguably heightened by the Pitchess protective procedure 24 || of California law. See Sanchez v. Santa Ana Police Dept.,

, 1033-1034 25 || (9th Cir. 1990); Hallon v. City of Stockton,

, *2-3, 12- 26 || 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 27 ||discovery disputes involving federal claims,” the “state privilege law which is 28 || consistent with its federal equivalent significantly assists in applying [federal]

1 || privilege law to discovery disputes’’); Soto v. City of Concord,

, 613 2 ||/n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 3 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 41/8§ 832.7, 832.8;

. Defendant further contend that 5 || uncontrolled disclosure of such personnel file information can threaten the safety of 6 ||non-party witnesses, officers, and their families/associates. 7 Second, Defendants contends that municipalities and law enforcement agencies 8 ||have federal deliberative-executive process privilege, federal official information 9 || privilege, federal law enforcement privilege, and federal attorney-client privilege 10 || (and/or attorney work product protection) interests in the personnel files of their peace ]/officers — particularly as to those portions of peace officer personnel files that contain

12 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 13]|/communications for the purposes of obtaining or rendering legal advice or analysis — potentially including but not limited to evaluative/analytical portions of Internal 15 || Affairs type records or reports, evaluative/analytical portions of supervisory records 16 |] or reports, and/or reports prepared at the direction of counsel, or for the purpose of 17 || obtaining or rendering legal advice. See Sanchez,

; Maricopa 18 || Audubon Soc’y v. United States Forest Serv.,

, 1092-1095 (9th Cir. 19 || 1997); Soto,

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

, 20 || 668-671 (N.D. Cal. 1987); Tuite v. Henry,

(D. D.C. 1998); 21 || Hamstreet v. Duncan,

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

, 1492, 1495 (9th Cir. 1988). Defendant 23 || further contends that such personnel file records are restricted from disclosure by the 24 || public entity’s custodian of records pursuant to applicable California law and that 25 || uncontrolled release is likely to result in needless intrusion of officer privacy; 26 || impairment in the collection of third-party witness information and statements 27 || and related legitimate law enforcement investigations/interests; and a chilling of 28 ||open and honest discussion regarding and/or investigation into alleged

1 || misconduct that can erode a public entity’s ability to identify and/or implement 2 || any remedial measures that may be required. 3 Third, Defendant contends that, since peace officers do not have the same rights 4||as other private citizens to avoid giving compelled statements, it 1s contrary to the 5 ||fundamental principles of fairness to permit uncontrolled release of officers’ 6 || compelled statements. See generally Lybarger v. City of Los Angeles,

, 7 || 828-830 (1985); cf. U.S. Const., amend V. 8 Accordingly, Defendant contends that, without a protective order preventing 9 ||such, production of confidential records in the case can and will likely substantially 10 ||impair and harm defendant public entity’s interests in candid self-critical analysis, 11/]|frank internal deliberations, obtaining candid information from witnesses, preserving 12 ||/the safety of witnesses, preserving the safety of peace officers and peace officers’ _ 13]||families and associates, protecting the privacy officers of peace officers, and 2 14|/preventing pending investigations from being detrimentally undermined by 15 || publication of private, sensitive, or confidential information — as can and often does 16 || result in litigation. - 17 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve 18 || the respective interests of the parties without the need to further burden the Court with 19 |)such issues. Specifically, the parties jointly contend that, absent this Stipulation and 20 ||its associated Protective Order, the parties’ respective privilege interests may be 21 ||impaired or harmed, and that this Stipulation and its associated Protective Order may 22 || avoid such harm by permitting the parties to facilitate discovery with reduced risk that 23 || privileged and/or sensitive/confidential information will become matters of public 24 || record. 25 The parties jointly contend that there is typically a particularized need for 26 || protection as to any medical or psychotherapeutic records and autopsy photographs, 27 || because of the privacy interests at stake therein. Because of these sensitive interests, 28 ||a Court Order should address these documents rather than a private agreement

1 || between the parties. 2 The parties therefore stipulate that there 1s Good Cause for, and hereby jointly 3 ||/request that the honorable Court issue/enter, a Protective Order re confidential 4 || documents consistent with the terms and provisions of this Stipulation. However, the 5 |/entry of a Protective Order by the Court pursuant to this Stipulation shall not be 6 ||construed as any ruling by the Court on the aforementioned legal statements or 7 || privilege claims in this section (§ 1), nor shall this section be construed as part of any 8 || such Court Order. 9 2. DEFINITIONS. 10 2.1. Party: any party to this action, including all of its officers, directors, =| 11]/employees, agents, consultants, retained experts, house counsel and outside counsel

12 || (and/or the support staff thereof). 13 2.2. Disclosure or Discovery Material: all items or information, regardless 14 the medium or manner generated, stored or maintained (including, among other 15 || things, testimony, transcripts, or tangible things) that are produced — or generated in 16 || disclosures or responses to discovery — by any Party in this matter. 17 2.3. “Confidential” Information or Items: information (regardless of the 18 || medium or how generated, stored, or maintained) or tangible things that qualify for 19 || protection under standards developed under Federal Rule of Civil Procedure 26(c) 20 || and/or applicable federal privileges. This material includes, but is not limited to, 21 ||medical records, psychotherapeutic records, and autopsy photographs; as well as 22 || peace officer personnel records as defined by California Penal Code sections 832.8, 23 || 832.5, 832.7 and the associated case law; and other similar confidential records 24 || designated as such. 25 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 26 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking 27 ||a deposition or comparable testimony. 28 2.5. Producing Party: a Party or non-party that produces Disclosure or

1 || Discovery Material in this action, including a Party that is defending a deposition 2 ||noticed or subpoenaed by another Party; additionally, for the limited purpose of 3 || designating testimony subject to this Stipulation and Order pursuant to section 6.2(b) 4 || (infra), a “Producing Party” shall also be construed to include a Party that is attending 5 || and/or participating in a non-party deposition noticed/subpoenaed by another Party. 6 2.6. Designating Party: a Party or non-party public entity employer of a Party 7 || that designates information or items that it produces in disclosures or in responses to 8 || discovery as “CONFIDENTIAL.” 9 2.7. Protected Material: any Disclosure or Discovery Material that is 10 || designated as “CONFIDENTIAL” under the provisions of this Stipulation and Protective Order. (The term “Confidential Document” shall be synonymous with the

12 |)term “Protected Material” for the purposes of this Stipulation and any associated 13]| Protective Order.) 2 14 2.8. Outside Counsel: attorneys who are not employees of a Party but who 15 || are retained to represent or advise a Party in this action (as well as their support staffs). 16 2.9. House Counsel: attorneys who are employees of a Party (as well as their 17 || support staffs). 18 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as 19 || well as their support staffs). 20 2.11. Expert: a person with specialized knowledge or experience in a matter 21 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 22 ||an expert witness or as a consultant in this action and who is not a past or a current 23 ||employee of a Party and who, at the time of retention, is not anticipated to become an 24 ||employee of a Party or a competitor of a Party’s; as well as any person retained, 25 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 26 || Procedure 26(a)(2) or other applicable discovery Rules or statutes. 27 2.12. Professional Vendors: persons or entities that provide litigation support 28 ||services (e.g., photocopying; videotaping; translating; preparing exhibits or

1 ||demonstrations; and/or organizing, storing, retrieving data in any form or medium; 2 ||etc.); and their employees and subcontractors. 3 || 3. SCOPE OF PROTECTION. 4 The protections conferred by this Stipulation and its associated Order cover not 5 || only Protected Material/Confidential Documents (as defined above), but also (1) any 6 ||information copied or extracted from Protected Material; (2) all copies, excerpts, 7\|summaries, or compilations of Protected Material; and (3) any testimony, 8 || conversations, or presentations by Parties or their Counsel that might reveal Protected 9 || Material. However, the protections conferred by this Stipulation and its associated 10 || Order do not cover the following information: (a) any information that is in the public =| 11)]/domain at the time of disclosure to a Receiving Party or becomes part of the public 12 |) domain after its disclosure to a Receiving Party as a result of publication not involving _ violation of this Order, including becoming part of the public record through trial or 14 |)otherwise; and (b) any information known to the Receiving Party prior to the 15 || disclosure or obtained by the Receiving Party after the disclosure from a source who 16 || obtained the information lawfully and under no obligation of confidentiality to the 17 || Designating Party. 18 Except to the extent specified herein (if any), any use of Protected Material at 19 || trial shall not be governed by this Order, but may be governed by a separate agreement 20 || or order. 21 Any use of Protected Material at trial shall be governed by the Orders of the 22 || trial judge: this Stipulation and its associated Protective Order do(es) not govern the 23 || use of Protected Material at trial. 24 || 4. DURATION OF PROTECTION. 25 Even after final disposition of this litigation, the confidentiality obligations 26 ||imposed by this Order shall remain in effect until a Designating Party agrees 27 || otherwise in writing or a court order otherwise directs. 28 Final disposition shall be deemed to be the later of (1) dismissal of all claims

1 defenses in this action, with or without prejudice; and (2) final judgment herein 2 ||after the completion and exhaustion of all appeals, rehearings, remands, trials, or 3 || reviews of this action, including the time limits for filing any motions or applications 4 || for extension of time pursuant to applicable law. 5||5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL 6 DOCUMENTS.

7 5.1. Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or non-party that designates information or items for protection 9 |/under this Stipulation and its associated Order must take care to limit any such 10 || designation to specific material that qualifies under the appropriate standards. A 11)|Designating Party must take care to designate for protection only those parts of

12 || material, documents, items, or oral or written communications that qualify — so that 13 |}other portions of the material, documents, items or communications for which z 14 || protection is not warranted are not swept unjustifiably within the ambit of this Order. 15 Mass, indiscriminate, or routine designations are prohibited. Designations that 16 || are shown to be clearly unjustified, or that have been made for an improper purpose 17 || (e.g., to unnecessarily encumber or retard the case development process, or to impose 18 |] unnecessary expenses and burdens on other parties), expose the Designating Party to 19 || sanctions. 20 If it comes to a Party’s or a non-party’s attention that information or items that 21 ||it designated for protection do not qualify for protection at all, or do not qualify for 22 || the level of protection initially asserted, that Party or non-party must promptly notify 23 || all other parties that it is withdrawing the mistaken designation. 24 5.2. Manner and Timing of Designations. Except as otherwise provided in 25 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection 26 ||under this Order must be clearly so designated before the material is disclosed or 27 || produced. 28 Designation in conformity with this Order requires:

1 (a) for information in documentary form (apart from transcripts of 2 || depositions or other pretrial or trial proceedings, and regardless of whether produced 3|/in hardcopy or electronic form), that the Producing Party affix the legend 4 || “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 5 || or portions of the material on a page qualifies for protection, the Producing Party also 6 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 ||in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The 8 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the 9 || substance of the page’s (or pages’) text or content and shall be in the margin of the 10 || document whenever possible. a! Il A Party or Non-Party that makes original documents or materials available for

12 || inspection need not designate them for protection until after the inspecting Party has _ ]/1indicated which material it would like copied and produced. During the inspection 14 |) and before the designation, all of the material made available for inspection shall be 15 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 16 |/it wants copied and produced, the Producing Party must determine which documents, 17 ||or portions thereof, qualify for protection under this Order. Then, before producing 18 |/the specified documents, the Producing Party must affix the “CONFIDENTIAL” 19 || legend to each page that contains Protected Material. If only a portion or portions of 20 || the material on a page qualifies for protection, the Producing Party also must clearly 21 |jidentify the protected portion(s) (e.g., by making appropriate markings in the 22 || margins). 23 (b) for testimony given in deposition or in other pretrial or trial proceedings, 24 || that the Party or non-party offering or sponsoring the testimony identify on the record, 25 ||before the close of the deposition, hearing, or other proceeding, all protected 26 ||testimony, and further specify any portions of the testimony that qualify as 27 || “CONFIDENTIAL.” When it is impractical to identify separately each portion of 28 || testimony that is entitled to protection, and when it appears that substantial portions

1 || of the testimony may qualify for protection, the Producing Party may invoke on the 2 ||record (before the deposition or proceeding is concluded) a right to have up to twenty 3 (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 4||Only those portions of the testimony that are appropriately designated as 5 || “CONFIDENTIAL” for protection within the 20 days shall be covered by the 6 || provisions of this Stipulation and its associated Protective Order. 7 The court reporter must affix to each such transcript page containing Protected 8 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party. 9 (c) for information produced in some form other than documentary, and for 10 |] any other tangible items (including but not limited to information produced on disc or ]/electronic data storage device), that the Producing Party affix in a prominent place on

12 || the exterior of the container or containers in which the information or item is stored 13]|the legend “CONFIDENTIAL.” If only portions of the information or item warrant 14 || protection, the Producing Party, to the extent practicable, shall identify the protected 15 || portions, specifying the material as “CONFIDENTIAL.” 16 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, 17 || though not necessarily, within 30 days of production or disclosure of such material), 18|/an inadvertent failure to designate qualified information or items as 19 || “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to 20 ||secure protection under this Stipulation and its associated Order for such material. 21 If material is appropriately designated as “CONFIDENTIAL” after the material 22 || was initially produced, the Receiving Party, on timely notification of the designation, 23 || must make reasonable efforts to assure that the material is treated in accordance with 24 || this Stipulation and its associated Order. 25 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall 26 || not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove 27 |}a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any 28 || other action so as to make it appear that Protected Material is not subject to the terms

1 || and provisions of this Stipulation and its associated Order. However, nothing 1in this 2 ||section shall be construed so as to prevent a Receiving Party from challenging a 3 || confidentiality designation subject to the provisions of section 6, infra. 4 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 5 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 6||designation of confidentiality at any time that is consistent with the Court's 7 || Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality 8 || designation is necessary to avoid foreseeable substantial unfairness, unnecessary 9 || economic burdens, or a later significant disruption or delay of the litigation, a Party 10 || does not waive its right to challenge a confidentiality designation by electing not to =| 11)/mount a challenge promptly after the original designation is disclosed.

12 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a 13]/Challenging Party shall initiate a dispute resolution process by providing written 14 |/notice of each specific designation it is challenging, and describing the basis (and 15 |]supporting authority or argument) for each challenge. To avoid ambiguity as to 16 || whether a challenge has been made, the written notice must recite that the challenge 17 ||to confidentiality is being made in accordance with this specific paragraph of the 18 |] associated Protective Order. The parties shall attempt to resolve each challenge in 19 |) good faith and must begin the process by conferring directly (in voice to voice 20 || dialogue, either in person, telephonically, or by other comparable means, but not by 21 || correspondence) within 14 days of the date of service of notice. 22 In conferring, the Challenging Party must explain the specific basis for its belief 23 || that the confidentiality designation was not proper and must give the Designating 24||Party an opportunity to review the designated material, to reconsider the 25 || circumstances, and, if no change in designation is offered, to explain the basis for the 26 ||chosen designation. A Challenging Party may proceed to the next stage of the 27 ||challenge process only if it has engaged in this meet and confer process first or 28 || establishes that the Designating Party is unwilling to participate in the meet and confer

1 || process in a timely manner. 2 Frivolous challenges, and those challenges made for an improper purpose (e.g., 3 || to harass or impose unnecessary expenses and burdens on other parties), may expose 4 || the Challenging Party to sanctions. 5 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality 6 ||challenge without court intervention, the Challenging Party shall file and serve a 7 || motion to remove confidentiality (under the applicable rules for filing and service of 8 || discovery motions) within 14 days of the parties agreeing that the meet and confer 9 process will not resolve their dispute, or by the first day of trial of this matter, 10 || whichever date is earlier — unless the parties agree in writing to a longer time. a! Il The parties must strictly comply with Central District Local Rules 37-1 and 37-

12 ||2 Gncluding the joint stipulation re discovery dispute requirement) in any motion _ associated with this Protective Order. 14 Each such motion must be accompanied by a competent declaration affirming 15 || that the movant has complied with the meet and confer requirements imposed in the 16||preceding paragraph. In addition, the Challenging Party may file a motion 17 |) challenging a confidentiality designation at any time if there is good cause for doing 18 including a challenge to the designation of a deposition transcript or any portions 19 |/thereof. Any motion brought pursuant to this provision must be accompanied by a 20 ||competent declaration affirming that the movant has complied with the meet and 21 || confer requirements imposed by the preceding paragraph. 22 The burden of persuasion in any such challenge proceeding shall be on the 23 || Designating Party, regardless of whether the Designating Party is the moving party or 24 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and 25 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses 26 || and burdens on other parties) may expose the Challenging Party to sanctions. Unless 27 || the Designating Party has waived the confidentiality designation by failing to oppose 28 ||a motion to remove confidentiality as described above, all parties shall continue to

1 || afford the material in question the level of protection to which it is entitled under the 2 || Producing Party’s designation until the court rules on the challenge. 3 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a Designating Party may remove Protected Material/Confidential Documents from 5 ||some or all of the protections and provisions of this Stipulation and its associated 6 || Order at any time by any of the following methods: 7 (a) Express Written Withdrawal. A Designating Party may withdraw a 8||“CONFIDENTIAL” designation made to any specified Protected Material 9 ||/Confidential Documents from some or all of the protections of this Stipulation and 10 || its associated Order by an express withdrawal in a writing signed by such Party (or 11]/such Party’s Counsel, but not including staff of such Counsel) that specifies and

12 |)itemizes the Disclosure or Discovery Material previously designated as Protected 13]| Material/Confidential Documents that shall no longer be subject to all or some of the 14 || provisions of this Stipulation and Order. Such express withdrawal shall be effective 15 |} when transmitted or served upon the Receiving Party. If a Designating Party is 16 || withdrawing Protected Material from only some of the provisions/ protections of this 17 || Stipulation and Order, such Party must state which specific provisions are no longer 18||to be enforced as to the specified material for which confidentiality protection 19 ||hereunder is withdrawn: otherwise, such withdrawal shall be construed as a 20 || withdrawal of such material from all of the protections/provisions of this Stipulation 21 || and Order; 22 (b) Express Withdrawal on the Record. A Designating Party may withdraw 23||}a “CONFIDENTIAL” designation made to any _ specified Protected 24 || Material/Confidential Documents from all of the provisions/protections of this 25 || Stipulation and its associated Order by verbally consenting in court proceedings on ||the record to such withdrawal — provided that such withdrawal specifies the 27 ||Disclosure or Discovery Material previously designated as Protected Material/ 28 || Confidential Documents that shall no longer be subject to any of the provisions of this

1 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected 2 || Material from only some of the protections/provisions of this Stipulation and Order 3 || by this method; 4 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 5 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 6 || designation made to any specified Protected Material/Confidential Documents from 7 || all of the provisions/protections of this Stipulation and Order by either (1) making 8 || such Protected Material/Confidential Records part of the public record — including 9|/but not limited to attaching such as exhibits to any filing with the court without 10 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely ]/oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to

12 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and _ 13)/Order shall be construed so as to require any Party to file Protected 2 14 || Material/Confidential Documents under seal, unless expressly specified herein. 15 ||7. ACCESS TO AND USE OF PROTECTED MATERIAL. 16 7.1. Basic Principles. A Receiving Party may use Protected Material that is 17 || disclosed or produced by another Party or by a non-party in connection with this case 18 |] only for preparing, prosecuting, defending, or attempting to settle this litigation — up 19 | to and including final disposition of the above-entitled action — and not for any other 20 || purpose, including any other litigation or dispute outside the scope of this action. 21 || Such Protected Material may be disclosed only to the categories of persons and under 22 || the conditions described in this Stipulation and its associated Order. When the above 23 || entitled litigation has been terminated, a Receiving Party must comply with the 24 || provisions of section 11, below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 || authorized under this Stipulation and its Order. 28 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless

1 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 2 || Receiving Party may disclose any information or item designated CONFIDENTIAL 3 || only to: 4 (a) the Receiving Party’s Outside Counsel of record in this action, as well 5 ||as employees of such Counsel to whom it is reasonably necessary to disclose the 6 || information for this litigation; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each 9 whom, by accepting receipt of such Protected Material, thereby agree to be bound 10 || by this Stipulation and Order; a! Il (c) Experts (as defined in this Stipulation and Order) of the Receiving Party 12 |}to whom disclosure is reasonably necessary for this litigation — each of whom, by _ ]/accepting receipt of such Protected Material, thereby agree to be bound by this 2 14 || Stipulation and Order; 15 (d) court reporters, their staffs, and Professional Vendors to whom 16 || disclosure is reasonably necessary for this litigation — each of whom, by accepting 17 ||receipt of such Protected Material, thereby agree to be bound by this Stipulation and 18 || Order; 19 (e) during their depositions, witnesses in the action to whom disclosure is 20 ||reasonably necessary — each of whom, by accepting receipt of such Protected 21||Material, thereby agree to be bound by this Stipulation and Order. Pages of 22 ||transcribed deposition testimony or exhibits to depositions that reveal Protected 23 || Material must have a confidential designation affixed by the court reporter to such 24 || pages containing Protected Material and such may not be disclosed to anyone except 25 || as permitted under this Stipulation and its Protective Order. 26 (f) the author or custodian of a document containing the information that 27 constitutes Protected Material, or other person who otherwise possessed or knew the 28 || information.

l 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected 2 || Material/Confidential Documents to persons to whom this Stipulation and its Order 3 □□ permits disclosure or production (see section 8.2, supra), a Receiving Party shall 4 || provide a copy of this Stipulation and Order to such persons so as to put such persons 5 ||/on notice as to the restrictions imposed upon them herein: except that, for court 6 ||reporters, Professional Vendors, and for witnesses being provided with Protected 7 || Material during a deposition, it shall be sufficient notice for Counsel for the Receiving 8 || Party to give the witness a verbal admonition (on the record, for witnesses) regarding 9 || the provisions of this Stipulation and its Order and such provisions’ applicability to 10 || specified Protected Material at issue. a! Il 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be

12 ||construed so as to require any Producing Party to designate any records or materials 13]|/as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so 14 |/as to prevent the admission of Protected Material into evidence at the trial of this 15 || action, or in any appellate proceedings for this action, solely on the basis that such 16|/Disclosure or Discovery Material has been designated as _ Protected 17 || Material/Confidential Documents. Notwithstanding the foregoing, nothing in this 18 || Stipulation and Order shall be construed as a waiver of any privileges or of any rights 19 |/to object to the use or admission into evidence of any Protected Material in any 20 || proceeding; nor shall anything herein be construed as a concession that any privileges 21 || asserted or objections made are valid or applicable. Nothing in this Stipulation and 22 □□ Order shall be construed so as to prevent the Designating Party (or its Counsel or 23 || custodian of records) from having access to and using Protected Material designated 24 || by that Party in the manner in which such persons or entities would typically use such 25 || materials in the normal course of their duties or profession — except that the waiver of 26 || confidentiality provisions shall apply (see section 6.4(c), supra). 27 7.5. Requirement to File Confidential Documents Under Seal. Confidential 28 || Documents may be submitted in all law and motion proceedings before the Court if

1 ||done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or 2 || United States District Court, Central District of California Local Rules 79-5.1 and 79- 3||5.2 (as applicable) and pursuant to the provisions of this Stipulation and any 4 || associated Order. If any Receiving Party attaches any Confidential Documents to any 5 || pleading, motion, or other paper to be filed, lodged, or otherwise submitted to the 6 || Court, such Confidential Document(s) shall be filed/lodged under seal pursuant to || Federal Rules of Civil Procedure 5.2 and 26 and/or United States District Court, 8 || Central District of California Local Rules 79-5.1 and 79-5.2 to the extent applicable. 9 However, this paragraph ( 7.5) shall not be construed so as to prevent a 10 || Designating Party or counsel from submitting, filing, lodging, or publishing any =| 11]/document it has previously designated as a Confidential Document without

12 |} compliance with this paragraph’s requirement to do so under seal (1.e., a producing- _ ]|disclosing party or counsel may submit or publish its own Confidential Documents 14 |] without being in violation of the terms of this Stipulation and its Protective Order). 15 Furthermore, a Receiving Party shall be exempted from the requirements of this paragraph as to any specifically identified Confidential Document(s) where — = 17 || prior to the submission or publication of the Confidential Document(s) at issue — the 18 || Designating Party of such specifically identified Confidential Document(s) has 19 || waived/withdrawn the protections of this Stipulation and its Order (pursuant to 20 || paragraph 6.4, supra). 21 A Receiving Party shall also be exempt from the sealing requirements of this 22 || paragraph (4] 7.5) where the Confidential Documents/Protected Material at issue is/are 23 ||not documents, records, or information regarding or incorporating: 24 (1) private, personal information contained in peace officer personnel files 25 ||(such as social security numbers, driver’s license numbers or comparable personal 26 || government identification numbers, residential addresses, compensation or pension 27 || or personal property information, credit card numbers or credit information, dates of 28 || birth, tax records and information, information related to the identity of an officer’s

1 ||family members or co-residents, and comparable personal information about the 2 || officer or his family); 3 (2) any internal affairs or comparable investigation by any law enforcement 4 || agency into alleged officer misconduct; and/or 5 (3) the medical records or records of psychiatric or psychological treatment 6 || of any peace officer or party to this action. 7 Nothing in this paragraph shall be construed to bind the Court or its authorized 8 || staff so as to limit or prevent the publication of any Confidential Documents to the 9 || jury or factfinder, at the time of trial of this matter, where the Court has deemed such 10 || Confidential Documents to be admissible into evidence. 11/8. PROTECTED MATERIAL _ SUBPOENAED OR _ORDERED

13 If a Party is served with a subpoena or a court order issued in other litigation 2 14 |/that compels disclosure of any information or items designated in this action as 15 || “CONFIDENTIAL,” that Party must: 16 (a) promptly notify in writing the Designating Party, preferably (though not - 17 || necessarily) by facsimile or electronic mail. Such notification shall include a copy of 18 || the subpoena or court order at issue; 19 (b) promptly notify in writing the party who caused the subpoena or order to 20 || issue in the other litigation that some or all of the material covered by the subpoena 21 || or order is subject to this Stipulation and its Protective Order. Such notification shall 22 || include a copy of this Stipulation and its Protective Order; and 23 (c) cooperate with respect to all reasonable procedures sought to be pursued 24 || by all sides in any such situation, while adhering to the terms of this Stipulation and 25 its Order. 26 If the Designating Party timely seeks a protective order, the Party served with 27 || the subpoena or court order shall not produce any information designated in this action 28 || as “CONFIDENTIAL” before a determination by the court from which the subpoena

1 || or order issued, unless the Party has obtained the Designating Party’s permission. The 2 || Designating Party shall bear the burden and expense of seeking protection in that court 3 || of its confidential material — and nothing in these provisions should be construed as 4|| authorizing or encouraging a Receiving Party in this action to disobey a lawful 5 || directive from another court. 6 The purpose of this section is to ensure that the affected Party has a meaningful 7\|opportunity to preserve its confidentiality interests in the court from which the 8 || subpoena or court order issued. 9 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 10 9.1. Unauthorized Disclosure of Protected Material. a! Il If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

12 |) Protected Material to any person or in any circumstance not authorized under this Stipulation and Order, the Receiving Party must immediately: 14 (a) notify in writing the Designating Party of the unauthorized disclosures; 15 (b) use its best efforts to retrieve all copies of the Protected Material; 16 (c) inform the person or persons to whom unauthorized disclosures were made = 17 || of all the terms of this Order; and 18 (d) request such person or persons consent to be bound by the Stipulation and 19 || Order. 20 9.2. Inadvertent Production of Privileged or Otherwise Protected Material. 21 When a Producing Party gives notice to Receiving Parties that certain 22 ||inadvertently produced material is subject to a claim of privilege or other protection, 23 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 || may be established in an e-discovery order that provides for production without prior 26 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 ||parties reach an agreement on the effect of disclosure of a communication or 28 || information covered by the attorney-client privilege or work product protection, the

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

12 || Material to any persons except those specifically delineated and authorized by this Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish, 14 release, leak, post, or disseminate Protected Material/Confidential Documents to any 15 ||news media, member of the press, website, or public forum (except as permitted under 16 || section 7.5 regarding filings with the court in this action and under seal). “| 17/11. FINAL DISPOSITION. 18 Unless otherwise ordered or agreed in writing by the Producing Party, within 19 || thirty (30) days after the final termination of this action (defined as the dismissal or 20 || entry of judgment by the above named court, or if an appeal is filed, the disposition 21 ||of the appeal), upon written request by the Producing Party, each Receiving Party 22 || must return all Protected Material to the Producing Party — whether retained by the 23 || Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non- 24 || party to whom the Receiving Party produced or shared such records or information. 25 As used in this subdivision, “all Protected Material” includes all copies, 26 || abstracts, compilations, summaries or any other form of reproducing or capturing any 27 ||of the Protected Material, regardless of the medium (hardcopy, electronic, or 28 || otherwise) in which such Protected Material is stored or retained.

l In the alternative, at the discretion of the Receiving Party, the Receiving Party 2 || may destroy some or all of the Protected Material instead of returning it — unless such 3 || Protected Material 1s an original, in which case, the Receiving Party must obtain the 4 || Producing Party’s written consent before destroying such original Protected Material. 5 Whether the Protected Material is returned or destroyed, the Receiving Party 6 || must submit a written certification to the Producing Party (and, if not the same person 7 |/or entity, to the Designating Party) within thirty (30) days of the aforementioned 8 || written request by the Designating Party that specifically identifies (by category, 9 || where appropriate) all the Protected Material that was returned or destroyed and that 10 || affirms that the Receiving Party has not retained any copies, abstracts, compilations, =| 11]}/summaries or other forms of reproducing or capturing any of the Protected material

12 || Gn any medium, including but not limited to any hardcopy, electronic or digital copy, _ ]/or otherwise). 14 Notwithstanding this provision, Counsel are entitled to retain an archival copy 15 || of all pleadings, motion papers, transcripts, legal memoranda filed with the court in this action, as well as any correspondence or attorney work product prepared by = 17 || Counsel for the Receiving Party, even if such materials contain Protected Material; 18 || however, any such archival copies that contain or constitute Protected Material remain 19 |)subject to this Protective Order as set forth in Section 4 (DURATION), above. This 20 || court shall retain jurisdiction in the event that a Designating Party elects to seek court 21 || sanctions for violation of this Stipulation and its Order. 22|}12. MISCELLANEOUS. 23 12.1. Right to Further Relief. Nothing in this Stipulation and its Order 24 || abridges the right of any person to seek its modification by the Court in the future. 25 12.2. Right to Assert Other Objections. By stipulating to the entry of a 26 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise 27 || would have to object to disclosing or producing any information or item on any 28 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any

I right to object on any ground to use in evidence any of the material covered by this 2 || Stipulation and its Protective Order. 3 12.3. This Stipulation may be signed in counterpart and a facsimile or 4 || electronic signature shall be as valid as an original signature. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6| 7 May DATED: Arik > , 2023 MANNING & KASS 9 ELLROD, RAMIREZ, TRESTER LLP 10 By: /s/ Kayleigh A. Andersen «| 1 Eugene P. Ramirez, Esq. Kayleigh A. Andersen, Esq. 12 Attorneys for Defendant Al 43 COUNTY OF RIVERSIDE

14)|DATED: April# , 2023 ARCHER & ASSOCIATES ZA 15 — \ 16 — 17 By: ( C J Coys —~ T. Lance Archer, Esq. 18 Attorneys for Plaintiffs, 19 MANUEL MARTINEZ and MANUELA MARTINEZ 20 al

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1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3||DATED: May 11, 2023 4 > MWe ss 6 7 HON. HONORABLE SHASHI H. KEWALRAMANI United States Magistrate Judge 8 9 10 11 12 fe 13

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full 4 name], of [print or type full address], declare 5 || under penalty of perjury that I have read in its entirety and understand the Stipulated 6 || Protective Order that was issued by the United States District Court for the Central 7 || District of California on [date] in the case of | Manuel Martinez, et al. 8 || v. County of Riverside, et al., Case No. 5:22-cv-JGB-SHK. I agree to comply with 9 || and to be bound by all the terms of this Stipulated Protective Order and I understand 10 || and acknowledge that failure to so comply could expose me to sanctions and =| 11]|punishment in the nature of contempt. I solemnly promise that I will not disclose in

12 |] any manner any information or item that is subject to this Stipulated Protective Order 13]/to any person or entity except in strict compliance with the provisions of this Order. 2 14 I further agree to submit to the jurisdiction of the United States District Court i 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 [print 18 || or type full name] of [print or type 19 |) full address and telephone number] as my California agent for service of process 20 ||in connection with this action or any proceedings related to enforcement of this 21 || Stipulated Protective Order. 22 || Date: 23 || City and State where sworn and signed: 24 || Printed name: 25 || Signature: 26 27 28