1 || Eugene P. Ramirez (State Bar No. 134865) [email protected] 2 || Kayleigh Andersen (State Bar No. 306442) [email protected] 3 || MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 801 S. Figueroa St, 15th Floor, Los Angeles, California 90017-3012 5 || Telephone: Gb) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendants, COUNTY OF 7 RIVERSIDE: YASH PATEL; JOSHUA FANUEFF; FLORIN BLAJ; KEILA 8 || MENDEZ; and JASON CORTEZ 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 PRINCESS ROBINSON, individually Case No. 5:23-cv-00799-JAK-KK 13 || and as successor in interest to Robert Robinson, deceased, 614 Plaintiff, STIPULATED PROTECTIVE 15 ORDER RE CONFIDENTIAL V. DOCUMENTS 2} 16 [NOTE CHANGES BY COURT] COUNTY OF RIVERSIDE; YASH 17}|PATEL; JOSHUA FANUEFF; FLORIN BLAJ; and DOES 1-10, 18 || Inclusive, Action Filed: 05/04/2023 19 Defendant. 20 21 || TO THE HONORABLE COURT: 22 By and through their counsel of record in this action, plaintiff PRINCESS 23 || ROBINSON, individually and as successor in interest to Robert Robinson, decreased 24 || (“Plaintiff”) and defendants COUNTY OF RIVERSIDE; YASH PATEL; JOSHUA 25 || FANUEFF; FLORIN BLAJ; KEILA MENDEZ; and JASON CORTEZ 26 || (“Defendants”) — the parties — hereby stipulate for the purpose of jointly requesting 27 || that the honorable Court enter a protective order re confidential documents in this 28 || matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26; and any applicable Orders of

1 || the Court] — as follows: 2 GOOD CAUSE STATEMENT 3 | 1. GOOD CAUSE STATEMENT. 4|/1.1. Contentions re Harm from Disclosure of Confidential Materials. 5 Defendants contend that there is good cause and a particularized need for a 6 || protective order to preserve the interests of confidentiality and privacy in peace officer 7 ||personnel file records and associated investigative or confidential records for the 8 || following reasons. 9 First, Defendants contend that peace officers have a federal privilege of privacy 10||in their personnel file records: a reasonable expectation of privacy therein that is 11 || underscored, specified, and arguably heightened by the Pitchess protective procedure 12 || of California law. See Sanchez v. Santa Ana Police Dept.,

, 1033-1034 13 || (9th Cir. 1990); Hallon v. City of Stockton,

, *2-3, 12- 14}| 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 15 discovery disputes involving federal claims,” the “state privilege law which is 16 ||consistent with its federal equivalent significantly assists in applying [federal]

! privilege law to discovery disputes”); Soto v. City of Concord,

, 613 18 || n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 19 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 201/§§ 832.7, 832.8;

. Defendants further contend that 21 || uncontrolled disclosure of such personnel file information can threaten the safety of 22 ||non-party witnesses, officers, and their families/associates. 23 Second, Defendants contend that municipalities and law enforcement agencies 24 ||have federal deliberative-executive process privilege, federal official information 25 || privilege, federal law enforcement privilege, and federal attorney-client privilege 26 || (and/or attorney work product protection) interests in the personnel files of their peace 27 || officers — particularly as to those portions of peace officer personnel files that contain 28 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or

1 || communications for the purposes of obtaining or rendering legal advice or analysis — 2 || potentially including but not limited to evaluative/analytical portions of Internal 3 || Affairs type records or reports, evaluative/analytical portions of supervisory records 4||or reports, and/or reports prepared at the direction of counsel, or for the purpose of 5 || obtaining or rendering legal advice. See Sanchez,

; Maricopa 6 || Audubon Soc’y v. United States Forest Serv.,

, 1092-1095 (9th Cir. 7 || 1997); Soto,

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

, 8 || 668-671 (N.D. Cal. 1987); Tuite v. Henry,

(D. D.C. 1998); 9 || Hamstreet v. Duncan,

(D. Or. 2007); Admiral Ins. Co. 10 || v. United States Dist. Ct.,

, 1492, 1495 (9th Cir. 1988). Defendants «| further contend that such personnel file records are restricted from disclosure by the

12 || public entity’s custodian of records pursuant to applicable California law and that 13 || uncontrolled release is likely to result in needless intrusion of officer privacy; 14 ||impairment in the collection of third-party witness information and statements | ]/and related legitimate law enforcement investigations/interests; and a chilling of 2 16|}open and honest discussion regarding and/or investigation into alleged

misconduct that can erode a public entity’s ability to identify and/or implement 18 |] any remedial measures that may be required. 19 Third, Defendants contend that, since peace officers do not have the same rights 20 ||as other private citizens to avoid giving compelled statements, it is contrary to the 21||fundamental principles of fairness to permit uncontrolled release of officers’ 22 compelled statements. See generally Lybarger v. City of Los Angeles,

, 23 || 828-830 (1985); cf. U.S. Const., amend V. 24 Accordingly, Defendants contend that, without a protective order preventing 25 || such, production of confidential records in the case can and will likely substantially 26 ||impair and harm defendant public entity’s interests in candid self-critical analysis, 27 || frank internal deliberations, obtaining candid information from witnesses, preserving 28 || the safety of witnesses, preserving the safety of peace officers and peace officers’

1 ||families and associates, protecting the privacy officers of peace officers, and 2||preventing pending investigations from being detrimentally undermined by 3 || publication of private, sensitive, or confidential information — as can and often does 4 || result in litigation. 5 Plaintiffs agree that there is Good Cause for a Protective Order so as to preserve 6 || the respective interests of the parties without the need to further burden the Court with 7 ||such issues. Specifically, the parties jointly contend that, absent this Stipulation and § ||its associated Protective Order, the parties' respective privilege interests may be 9 || impaired or harmed, and that this Stipulation and its associated Protective Order may 10 || avoid such harm by permitting the parties to facilitate discovery with reduced risk that 11 || privileged and/or sensitive/confidential information will become matters of public 12 || record. 13 1.2. The parties jointly contend that there is typically a particularized need 14||for protection as to any medical or psychotherapeutic records and autopsy 15 photographs, because of the privacy interests at stake therein. Because of these 2 16 || sensitive interests, a Court Order should address these documents rather than a private

||agreement between the parties. 18 1.3. The parties therefore stipulate that there is Good Cause for, and hereby 19 || jointly request that the honorable Court issue/enter, a Protective Order re confidential 20 || documents consistent with the terms and provisions of this Stipulation. However, the 21 |jentry of a Protective Order by the Court pursuant to this Stipulation shall not be 22 ||construed as any ruling by the Court on the aforementioned legal statements or 23 || privilege claims in this section (§ 1), nor shall this section be construed as part of any 24 || such Court Order. 25 A. PURPOSES AND LIMITATIONS. 26 Disclosure and discovery activity in this action are likely to involve production 27 || of confidential, proprietary, or private information for which special protection from 28 || public disclosure and from use for any purpose other than prosecuting or defending

1 || this litigation would be warranted. Accordingly, the parties hereby stipulate to and 2 || petition the court to enter the following Stipulation and an associated Order. 3 The parties acknowledge that this Stipulation and associated Order does not 4||confer blanket protections on all disclosures or responses to discovery and that the 5 || protection it affords extends only to the specified information or items that are entitled 6 || to treatment as confidential. 7 The parties further acknowledge, as set forth below, that this Stipulation and 8 ||Order creates no entitlement to file confidential information under seal; Central 9 || District Local Rules 79-5.1 and 79-5.2 set(s) forth the procedures that must be 10 || followed and reflects the standards that will be applied when a party seeks permission 11 || from the court to file material under seal.

12 Nothing in this Stipulation or associated Order shall be construed so as to 13 ||require or mandate that any Party disclose or produce privileged information or 14||records that could be designated as Confidential Documents/Protected Material | 15 hereunder. 16 2. DEFINITIONS.

17 2.1. Party: any party to this action, including all of its officers, directors, 18 |} employees, agents, consultants, retained experts, house counsel and outside counsel 19 || (and/or the support staff thereof). 20 2.2. Disclosure or Discovery Material: all items or information, regardless 21 ||of the medium or manner generated, stored or maintained (including, among other 22 || things, testimony, transcripts, or tangible things) that are produced — or generated in 23 || disclosures or responses to discovery — by any Party in this matter. 24 2.3. “Confidential” Information or Items: information (regardless of the 25 || medium or how generated, stored, or maintained) or tangible things that qualify for 26 || protection under standards developed under Federal Rule of Civil Procedure 26(c) 27 ||and/or applicable federal privileges. This material includes, but is not limited to, 28 medical records, psychotherapeutic records, and autopsy photographs; as well as

1 || peace officer personnel records as defined by California Penal Code sections 832.8, 2 || 832.5, 832.7 and the associated case law; and other similar confidential records 3 || designated as such. 4 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 5 || from a Producing Party, including a Party that has noticed or subpoenaed and is taking 6 ||a deposition or comparable testimony. 7 2.5. Producing Party: a Party or non-party that produces Disclosure or 8 || Discovery Material in this action, including a Party that is defending a deposition 9 ||noticed or subpoenaed by another Party; additionally, for the limited purpose of 10 || designating testimony subject to this Stipulation and Order pursuant to section 6.2(b) 11 || (infra), a “Producing Party” shall also be construed to include a Party that is attending 12 || and/or participating in a non-party deposition noticed/subpoenaed by another Party. 13 2.6. Designating Party: a Party or non-party that designates information or 14||items that it produces in disclosures or in responses to discovery as 15 ||“CONFIDENTIAL.” 16 2.7. Challenging Party: a Party or non-party that challenges the designation

of information or items under this Stipulation and any associated Protective Order. 18 2.8. Protected Material: any Disclosure or Discovery Material that 1s 19 || designated as “CONFIDENTIAL” under the provisions of this Stipulation and 20 || Protective Order. (The term “Confidential Document” shall be synonymous with the 21 |/term “Protected Material” for the purposes of this Stipulation and any associated 22 || Protective Order.) 23 2.9. Qutside Counsel: attorneys who are not employees of a Party but who 24 || are retained to represent or advise a Party in this action (as well as their support staffs). 25 2.10. House Counsel: attorneys who are employees of a Party (as well as their 26 || support staffs). 27 2.11. Non-Party: Any natural person, partnership, corporation, association, or 28 || other legal entity not named as a Party to this action.

l 2.12. Counsel (without qualifier): Outside Counsel and House Counsel (as 2 || well as their support staffs). 3 2.13. Expert: a person with specialized knowledge or experience in a matter 4 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 ||an expert witness or as a consultant in this action and who is not a past or a current 6 || employee of a Party and who, at the time of retention, is not anticipated to become an 7||employee of a Party or a competitor of a Party’s; as well as any person retained, 8 || designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 9 || Procedure 26(a)(2) or other applicable discovery Rules or statutes. 10 2.13. Professional Vendors: persons or entities that provide litigation support ||services (e.g., photocopying; videotaping; translating; preparing exhibits or 12 || demonstrations; and/or organizing, storing, retrieving data in any form or medium; 13 || etc.); and their employees and subcontractors. 14|[3. | SCOPE OF PROTECTION. 15 The protections conferred by this Stipulation and its associated Order cover not 2 16 || only Protected Material/Confidential Documents (as defined above), but also (1) any

| —17]linformation copied or extracted from Protected Material; (2) all copies, excerpts, 18 ||summaries, or compilations of Protected Material; and (3) any testimony, 19 || conversations, or presentations by Parties or their Counsel that might reveal Protected 20 || Material. However, the protections conferred by this Stipulation and its associated 21 || Order do not cover the following information: (a) any information that is in the public 22 ||domain at the time of disclosure to a Receiving Party or becomes part of the public 23 || domain after its disclosure to a Receiving Party as a result of publication not involving 24 || a violation of this Order, including becoming part of the public record through trial or 25 || otherwise; and (b) any information known to the Receiving Party prior to the 26 || disclosure or obtained by the Receiving Party after the disclosure from a source who 27 || obtained the information lawfully and under no obligation of confidentiality to the 28 || Designating Party.

l Any use of Protected Material at trial or other court hearings or proceedings 2 || shall be governed by the Orders of the trial judge, and the Stipulated Protective Order 3 || does not govern the use of Protected Material at trial. 4|/4. DURATION OF PROTECTION. 5 Even after final disposition of this litigation, the confidentiality obligations 6 ||imposed by this Order shall remain in effect until a Designating Party agrees 7 || otherwise in writing, until a court order otherwise directs, or until a given piece of 8 || information or material designated as “CONFIDENTIAL” is admitted into evidence 9 || at trial. 10 Final disposition shall be deemed to be the later of (1) dismissal of all claims 11 || and defenses in this action, with or without prejudice; and (2) final judgment herein 12 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or 13 || reviews of this action, including the time limits for filing any motions or applications 14 || for extension of time pursuant to applicable law. 15/5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL DOCUMENTS. 16 17 5.1. Exercise of Restraint and Care in Designating Material for Protection. 18 Each Party or non-party that designates information or items for protection under this Stipulation and its associated Order must take care to limit any such 20 || designation to specific material that qualifies under the appropriate standards. A 21 || Designating Party must take care to designate for protection only those parts of 22 || material, documents, items, or oral or written communications that qualify — so that 23 ||}other portions of the material, documents, items or communications for which 24 || protection is not warranted are not swept unjustifiably within the ambit of this Order. 25 Mass, indiscriminate, or routine designations are prohibited. Designations that 26 || are shown to be clearly unjustified, or that have been made for an improper purpose 27 || (e.g., to unnecessarily encumber or retard the case development process, or to impose 28 || unnecessary expenses and burdens on other parties), expose the Designating Party to

1 || sanctions. 2 If it comes to a Designating Party’s or a Non-Party’s attention that information 3 || or items that it designated for protection do not qualify for protection at all, or do not 4 || qualify for the level of protection initially asserted, that Designating Party or Non- 5||Party must promptly notify all other Parties that it is withdrawing the mistaken 6 || designation. 7 5.2. Manner and Timing of Designations. Except as otherwise provided in 8 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection 9 || under this Order must be clearly so designated before the material is disclosed or 10 || produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (apart from transcripts of 13 || depositions or other pretrial or trial proceedings, and regardless of whether produced 14|}in hardcopy or electronic form), that the Producing Party affix the legend | 15||“CONFIDENTIAL” to each page that contains Protected Material. If only a portion 16 || or portions of the material on a page qualifies for protection, the Producing Party also

—17]||must clearly identify the protected portion(s) (e.g., by making appropriate markings 18 || in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The 19 || placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the 20 || substance of the page’s (or pages’) text or content and shall be in the margin of the 21 || document whenever possible. 22 A Party or Non-Party that makes original documents or materials available for 23 || inspection need not designate them for protection until after the inspecting Party has 24 || indicated which material it would like copied and produced. During the inspection 25 || and before the designation, all of the material made available for inspection shall be 26 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 27 ||it wants copied and produced, the Producing Party must determine which documents, 28 || or portions thereof, qualify for protection under this Order. Then, before producing

1 ||the specified documents, the Producing Party must affix the “CONFIDENTIAL” 2 || legend to each page that contains Protected Material. If only a portion or portions of 3 || the material on a page qualifies for protection, the Producing Party also must clearly 4|lidentify the protected portion(s) (e.g., by making appropriate markings in the 5 || margins). 6 (b) for testimony given in deposition or in other pretrial or trial proceedings, 7 || that the Party or non-party offering or sponsoring the testimony identify on the record, 8 ||before the close of the deposition, hearing, or other proceeding, all protected 9 ||testimony, and further specify any portions of the testimony that qualify as 10 || “CONFIDENTIAL.” When it is impractical to identify separately each portion of 11 || testimony that is entitled to protection, and when it appears that substantial portions 12 || of the testimony may qualify for protection, the Producing Party may invoke on the 13 || record (before the deposition or proceeding is concluded) a right to have up to twenty || (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 15 Only those portions of the testimony that are appropriately designated as 2 16 ||“CONFIDENTIAL” for protection within the 20 days shall be covered by the

—17]| provisions of this Stipulation and its associated Protective Order. 18 The court reporter must affix to each such transcript page containing Protected 19 || Material the legend “CONFIDENTIAL,” as instructed by the Producing Party. 20 (c) for information produced in some form other than documentary, and for 21 || any other tangible items (including but not limited to information produced on disc or 22 || electronic data storage device), that the Producing Party affix in a prominent place on 23 || the exterior of the container or containers in which the information or item is stored 24 || the legend “CONFIDENTIAL.” If only portions of the information or item warrant 25 || protection, the Producing Party, to the extent practicable, shall identify the protected 26 || portions, specifying the material as “CONFIDENTIAL.” 27 5.3. Inadvertent Failures to Designate. If timely corrected (within 30 days of 28 production or disclosure of such material), an inadvertent failure to designate

1 || qualified information or items as “CONFIDENTIAL” does not, standing alone, waive 2 ||the Designating Party’s right to secure protection under this Stipulation and its 3 || associated Order for such material. If material is appropriately designated as 4 || “CONFIDENTIAL” after the material was initially produced, the Receiving Party, on 5 || timely notification of the designation, must make reasonable efforts to assure that the 6 || material is treated in accordance with this Stipulation and its associated Order. 7 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 8 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 9 ||designation of confidentiality at any time that is consistent with the Court's 10 || Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality 11 designation is necessary to avoid foreseeable substantial unfairness, unnecessary 12 |}economic burdens, or a later significant disruption or delay of the litigation, a Party 13 || does not waive its right to challenge a confidentiality designation by electing not to || mount a challenge promptly after the original designation is disclosed. 15 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a 2 16 || Challenging Party shall initiate a dispute resolution process by providing written

| —17||notice of each specific designation it is challenging, and describing the basis (and 18 || supporting authority or argument) for each challenge. To avoid ambiguity as to 19 || whether a challenge has been made, the written notice must recite that the challenge 20 || to confidentiality is being made in accordance with this specific paragraph of the 21 ||associated Protective Order. The parties shall attempt to resolve each challenge in 22 good faith and must begin the process by conferring directly (in voice to voice 23 || dialogue, either in person, telephonically, or by other comparable means, but not by 24 || correspondence) within 14 days of the date of service of notice. 25 In conferring, the Challenging Party must explain the specific basis for its belief 26 || that the confidentiality designation was not proper and must give the Designating 27 || Party an opportunity to review the designated material, within 14 days of the date of 28 || the conference of the parties, to reconsider the circumstances, and, if no change in

1 || designation is offered, to explain the basis for the chosen designation. A Challenging 2 || Party may proceed to the next stage of the challenge process only if it has engaged in 3 || this meet and confer process first or establishes that the Designating Party is unwilling 4 || to participate in the meet and confer process in a timely manner. 5 Frivolous challenges, and those challenges made for an improper purpose (e.g., 6 || to harass or impose unnecessary expenses and burdens on other parties), may expose 7 || the Challenging Party to sanctions. 8 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality 9 ||challenge without court intervention, the Challenging Party shall file and serve a 10 || motion to remove confidentiality (under the applicable rules for filing and service of 11 || discovery motions) within 14 days of the parties agreeing that the meet and confer 12 || process will not resolve their dispute, or by the first day of trial of this matter, 13 || whichever date is earlier — unless the parties agree in writing to a longer time. 14 The parties must strictly comply with Central District Local Rules 37-1 and 37- 15/2 (including the joint stipulation re discovery dispute requirement) in any motion 2 16 || associated with this Protective Order. Any motion challenging a party's designation

of material as Confidential Information or seeking to modify or amend the proposed 18 || protective order must be brought at a time consistent with the Court's Scheduling 19 || Order and in strict compliance with Local Rules 37-1 and 37-2 (including the Joint 20 || Stipulation requirement). 21 Each such motion must be accompanied by a competent declaration affirming 22 || that the movant has complied with the meet and confer requirements imposed in the 23 || preceding paragraph. 24 The burden of persuasion in any such challenge proceeding shall be on the 25 || Designating Party, regardless of whether the Designating Party is the moving party or 26 || whether such Party sought or opposes judicial intervention. Frivolous challenges, and 27 || those made for an improper purpose (e.g., to harass or impose unnecessary expenses 28 || and burdens on other parties) may expose the Challenging Party to sanctions. Unless

1 || the Designating Party has waived the confidentiality designation by failing to oppose 2 ||a motion to remove confidentiality as described above, all parties shall continue to 3 || afford the material in question the level of protection to which it is entitled under the 4 || Producing Party’s designation until the court rules on the challenge. 5 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 6 || Designating Party may remove Protected Material/Confidential Documents from 7 ||some or all of the protections and provisions of this Stipulation and its associated 8 || Order at any time by any of the following methods: 9 (a) Express Written Withdrawal. A Designating Party may withdraw a 10||““CONFIDENTIAL” designation made to any specified Protected Material 11 ||/Confidential Documents from some or all of the protections of this Stipulation and 12 || its associated Order by an express withdrawal in a writing signed by such Party (or 13 ||such Party’s Counsel, but not including staff of such Counsel) that specifies and 14 ||itemizes the Disclosure or Discovery Material previously designated as Protected | 15 ||Material/Confidential Documents that shall no longer be subject to all or some of the 2 16 || provisions of this Stipulation and Order. Such express withdrawal shall be effective

—17]|when transmitted or served upon the Receiving Party. If a Designating Party is 18 || withdrawing Protected Material from only some of the provisions/ protections of this 19 || Stipulation and Order, such Party must state which specific provisions are no longer 20||to be enforced as to the specified material for which confidentiality protection 21|/hereunder is withdrawn: otherwise, such withdrawal shall be construed as a 22 || withdrawal of such material from all of the protections/provisions of this Stipulation 23 || and Order; 24 (b) Express Withdrawal on the Record. A Designating Party may withdraw 25} }a “CONFIDENTIAL” designation made to any _ specified Protected 26 || Material/Confidential Documents from all of the provisions/protections of this 27 || Stipulation and its associated Order by verbally consenting in court proceedings on 28 ||the record to such withdrawal — provided that such withdrawal specifies the

1 || Disclosure or Discovery Material previously designated as Protected Material/ 2 || Confidential Documents that shall no longer be subject to any of the provisions of this 3 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected 4 || Material from only some of the protections/provisions of this Stipulation and Order 5 || by this method; 6 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 7 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 8 || designation made to any specified Protected Material/Confidential Documents from 9 || all of the provisions/protections of this Stipulation and Order by either (1) making || such Protected Material/Confidential Records part of the public record — including |} but not limited to attaching such as exhibits to any filing with the court without 12 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely 13 || oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to 14 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and | 15||Order shall be construed so as to require any Party to file Protected 2 16 || Material/Confidential Documents under seal, unless expressly specified herein.

17)/7. ACCESS TO AND USE OF PROTECTED MATERIAL. 18 7.1. Basic Principles. A Receiving Party may use Protected Material that is 19 || disclosed or produced by another Party or by a non-party in connection with this case 20 || only for preparing, prosecuting, defending, or attempting to settle this litigation — up 21 || to and including final disposition of the above-entitled action — and not for any other 22 || purpose, including any other litigation or dispute outside the scope of this action. 23 || Such Protected Material may be disclosed only to the categories of persons and under 24 || the conditions described in this Stipulation and its associated Order. When the above 25 || entitled litigation has been terminated, a Receiving Party must comply with the 26 || provisions of section 12, below (FINAL DISPOSITION). 27 Protected Material must be stored and maintained by a Receiving Party at a 28 || location and in a secure manner that ensures that access is limited to the persons

1 || authorized under this Stipulation and its Order. 2 7.2. Disclosure _of “CONFIDENTIAL” Information or Items. Unless 3 || otherwise ordered by the Court or permitted in writing by the Designating Party, a 4 || Receiving Party may disclose any information or item designated CONFIDENTIAL 5 || only to: 6 (a) the Receiving Party’s Outside Counsel of record in this action, as well 7 ||as employees of such Counsel to whom it is reasonably necessary to disclose the 8 || information for this litigation; 9 (b) the officers, directors, and employees (including House Counsel) of the 10 || Receiving Party to whom disclosure is reasonably necessary for this litigation — each 11 ||of whom, by accepting receipt of such Protected Material, thereby agree to be bound 12 || by this Stipulation and Order; 13 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party 14||to whom disclosure is reasonably necessary for this litigation — each of whom, by 15 accepting receipt of such Protected Material, thereby agree to be bound by this 2 16 || Stipulation and Order;

RI 17 (d) Professional Vendors to whom disclosure is reasonably necessary for 18 || this litigation — each of whom, by accepting receipt of such Protected Material, 19 || thereby agree to be bound by this Stipulation and Order; 20 (e) during their depositions, witnesses in the action to whom disclosure is 21 |/reasonably necessary — each of whom, by accepting receipt of such Protected 22 ||Material, thereby agree to be bound by this Stipulation and Order. Pages of 23 || transcribed deposition testimony or exhibits to depositions that reveal Protected 24 || Material must have a confidential designation affixed by the court reporter to such 25 || pages containing Protected Material and such may not be disclosed to anyone except 26 || as permitted under this Stipulation and its Protective Order. 27 (f) the author or custodian of a document containing the information that 28 || constitutes Protected Material, or other person who otherwise possessed or knew the

1 || information. 2 (g) the court and its personnel, including court reporters and their staff. 3 || Protected Material may be disclosed to the court and its personnel without requiring 4 || such persons to agree to be bound by the Stipulation and Order. 5 (h) any mediator or settlement officer, and their supporting personnel, 6 || mutually agreed upon by any of the parties engaged in settlement discussions. 7 7.3. Requirement to File Confidential Documents Under Seal. Confidential 8 || Documents may be submitted in all law and motion proceedings before the Court if 9 || done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or 10 || United States District Court, Central District of California Local Rules 79-5.1 and 79- 11|}5.2 (as applicable) and pursuant to the provisions of this Stipulation and any 12 || associated Order. If any Receiving Party attaches any Confidential Documents to any 13 || pleading, motion, or other paper to be filed, lodged, or otherwise submitted to the || Court, such Confidential Document(s) shall be filed/lodged under seal pursuant to | 15 |] Federal Rules of Civil Procedure 5.2 and 26 ander United States District Court, 16 || Central District of California Local Rules 79-5.1 and 79-5.2 to the extent applicable.

—17]|A Party that seeks to file under seal any Confidential Documents must comply with 18 || Civil Local Rule 79-5. Confidential Documents may only be filed under seal pursuant 19 || to a court order authorizing the sealing of the specific Protected Material at issue. If 20 Party’s request to file Protected Material under seal 1s denied by the court, then the 21 ||Receiving Party may file the information in the public record unless otherwise 22 || instructed by the court. 23 However, this paragraph (§| 7.3) shall not be construed so as to prevent a 24 || Designating Party or counsel from submitting, filing, lodging, or publishing any 25 ||document it has previously designated as a Confidential Document without 26 || compliance with this paragraph’s requirement to do so under seal (1.e., a producing- 27 || disclosing party or counsel may submit or publish its own Confidential Documents 28 || without being in violation of the terms of this Stipulation and its Protective Order).

l Furthermore, a Receiving Party shall be exempted from the requirements of 2 ||this paragraph as to any specifically identified Confidential Document(s) where — 3 || prior to the submission or publication of the Confidential Document(s) at issue — the 4||Designating Party of such specifically identified Confidential Document(s) has 5 || waived/withdrawn the protections of this Stipulation and its Order (pursuant to 6 || paragraph 6.4, supra). 7 A Receiving Party shall also be exempt from the sealing requirements of this 8 || paragraph (4 7.3) where the Confidential Documents/Protected Material at issue is/are 9 || not documents, records, or information regarding or incorporating: 10 (1) private, personal information contained in peace officer personnel files «| ]/(such as social security numbers, driver’s license numbers or comparable personal 12 || government identification numbers, residential addresses, compensation or pension 13 || or personal property information, credit card numbers or credit information, dates of 14 || birth, tax records and information, information related to the identity of an officer’s 15 family members or co-residents, and comparable personal information about the 2 16 || officer or his family);

17 (2) any internal affairs or comparable investigation by any law enforcement 18 || agency into alleged officer misconduct; and/or 19 (3) the medical records or records of psychiatric or psychological treatment of 20 || any peace officer or party to this action. 21 Nothing in this paragraph shall be construed to bind the Court or its authorized 22 ||staff so as to limit or prevent the publication of any Confidential Documents to the 23 || jury or factfinder, at the time of trial of this matter, where the Court has deemed such 24 || Confidential Documents to be admissible into evidence. 25 Nothing in this Stipulation or in any associated Order shall be construed as any 26 || entitlement for the parties to file any documents or materials under seal; nor shall the 27 parties’ Stipulation or this Order be construed as any exemption from any of the 28 || requirements of Central District Local Rule 79-5. The parties are required to comply

1 || with the applicable Local Rules in their entirety. H+he-Courtdenies-a-party-s+equest 2 3 || otherwise nstructed by the Court. 4|/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. ° If a Party is served with a subpoena or a court order issued in other litigation ° that compels disclosure of any information or items designated in this action as ’ “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party, preferably (though not ? necessarily) by facsimile or electronic mail. Such notification shall include a copy of 0 the subpoena or court order at issue; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena ° or order is subject to this Stipulation and its Protective Order. Such notification shall 4 include a copy of this Stipulation and its Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued 5 : by all sides in any such situation, while adhering to the terms of this Stipulation and its Order. 6 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from which the subpoena 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 °° of its confidential material — and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful > directive from another court. ° The purpose of this section is to ensure that the affected Party has a meaningful opportunity to preserve its confidentiality interests in the court from which the

1 || subpoena or court order issued. 2 3 4 5 6 7 8 9 10 11

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION. (a) The terms of this Stipulation and Order are applicable to information ° produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by ° the remedies and relief provided by this Stipulation and Order. Nothing in these ° provisions should be construed as prohibiting a Non-Party from seeking additional ’ protections. (b) In the event that a Party is required, by a valid discovery request, to ? produce a Non-Party’s confidential information in its possession, and the Party is 0 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 5 : Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and 6 (3) make the information requested available for inspection by the Non-Party, if requested. (c) Ifthe Non-Party fails to seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may 2 produce the Non-Party’s confidential information responsive to the discovery request. °° If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality > agreement with the Non-Party before a determination by the court. Absent a court ° order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material.

1} }10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 2 10.1. Unauthorized Disclosure of Protected Material. 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 || Protected Material to any person or in any circumstance not authorized under this 5 || Stipulation and Order, the Receiving Party must immediately: 6 (a) notify in writing the Designating Party of the unauthorized disclosures; 7 (b) use its best efforts to retrieve all copies of the Protected Material; 8 (c) inform the person or persons to whom unauthorized disclosures were made 9 || of all the terms of this Order; and 10 (d) request such person or persons consent to be bound by the Stipulation and =| |/Order. 12 10.2. Inadvertent Production of Privileged or Otherwise Protected Material. 13 When a Producing Party gives notice to Receiving Parties that certain 14 || inadvertently produced material is subject to a claim of privilege or other protection, | 15 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

| —17]|may be established in an e-discovery order that provides for production without prior 18 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 20 || information covered by the attorney-client privilege or work product protection, the 21 || parties may incorporate their agreement in the stipulated protective order submitted 22 || to the court. 23|}11. PUBLICATION OF PROTECTED MATERIAL PROHIBITED. 24 11.1. Filing of Protected Material. 25 Without advance written permission from the Designating Party, or a court 26 || order secured after appropriate notice to all interested persons, and except as permitted 27 || under paragraph 7.3, supra, a Receiving Party may not file in the public record in this 28 ||action any Protected Material. A Party that seeks to file under seal any Protected

1 || Material must comply with the applicable Federal and Local Rules. 2 11.2. Public Dissemination of Protected Material. 3 A Receiving Party shall not publish, release, post, or disseminate Protected 4 || Material to any persons except those specifically delineated and authorized by this 5 || Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish, 6 || release, leak, post, or disseminate Protected Material/Confidential Documents to any 7 || news media, member of the press, website, or public forum (except as permitted under 8 || paragraph 7.3, supra, regarding filings with the court in this action and under seal). 9]}12. FINAL DISPOSITION. 10 After the final disposition of this Action, as defined in paragraph 4, within 60 11 || days of a written request by the Designating Party, each Receiving Party must return 12 || all Protected Material to the Producing Party or destroy such material. As used in this 13 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14||}summaries, and any other format reproducing or capturing any of the Protected | ||Material. Whether the Protected Material is returned or destroyed, the Receiving Party 2 16 || must submit a written certification to the Producing Party (and, if not the same person

—17]lor entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 18 || category, where appropriate) all the Protected Material that was returned or destroyed 19 ||and (2)affirms that the Receiving Party has not retained any copies, abstracts, 20 || compilations, summaries or any other format reproducing or capturing any of the 21 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an ||archival copy of all pleadings, motion papers, trial, deposition, and hearing 23 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 24 || reports, attorney work product, and consultant and expert work product, even if such 25 ||materials contain Protected Material. Any such archival copies that contain or 26 || constitute Protected Material remain subject to this Protective Order as set forth in 27 || Section 4 (DURATION). 28

1} }13. MISCELLANEOUS. 2 13.1. Right to Further Relief. Nothing in this Stipulation and its Order 3 || abridges the right of any person to seek its modification by the Court in the future. 4 13.2. Right to Assert Other Objections. By stipulating to the entry of a 5 || Protective Order pursuant to this Stipulation, no Party waives any right it otherwise 6 || would have to object to disclosing or producing any information or item on any 7 || ground not addressed in this Stipulation and its Order. Similarly, no Party waives any 8 || right to object on any ground to use in evidence any of the material covered by this 9 || Stipulation and its Protective Order. 10 13.3. Any violation of this Order may be punished by any and all appropriate 11 |}measures including, without limitation, contempt proceedings and/or monetary 12 || sanctions.

43 13.4. This Stipulation may be signed in counterpart and a facsimile or 14 || electronic signature shall be as valid as an original signature.

15 IT IS SO STIPULATED.

DATED: September 26, 2023 MANNING & KASS 7 ELLROD, RAMIREZ, TRESTER LLP 18 19 By: isi Kayleigh A. Andersen 20 Eugene P. Ramirez 1 Kayleigh Andersen Attorneys for Defendants, COUNTY OF 22 RIVERSIDE; YASH PATEL; JOSHUA 3 FANUEFF; FLORIN BLAJ; KEILA MENDEZ; and JASON CORTEZ 24 25 26 27 28

1 |} DATED: September 26, 2023 LAW OFFICES OF DALE K. GALIPO 2 By: /s/ Benjamin Levine 3 Dale K. Galipo, Esq. Benjamin Levine, Esq. 4 Attorneys for Plaintiffs 5 6 7 8 9 10 11

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1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 DATED: September 27, 2023 4 6 7 HON. KENLY KTYA KATO United States Magistrate Judge 8 9 10 11

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