11 THE SEHAT LAW FIRM, PLC Cameron Sehat, Esq. (SBN: 256535) 22 Jeffrey Mikel, Esq 5100 Campus Dr.,, Suite 200 33 Newport Beach, CA 92660 Telephone: (949) 825-5200 44 Facsimile: (949) 313-5001 Email: [email protected] 55 66 Attorney for Plaintiffs, Michael Goulding, Tomas Castro and Jessica Castro 77 88 UNITED STATES DISTRICT COURT 99 CENTRAL DISTRICT OF CALIFORNIA 1100 MICHAEL GOULDING, individually Case No: 8:23-CV-02332-MRA-KES 1111 and as Personal Representative of the Estate of Jana Goulding, Deceased; Hon. Monica Ramirez Almadani 1122 TOMAS CASTRO, individually and as Magistrate Judge Karen E. Scott 1133 Personal Representative of the Estate of Jana Goulding, JESSICA CASTRO, [PROPOSED] STIPULATED 1144 individually and as Personal PROTECTIVE ORDER 1155 Representative of the Estate of Jana Goulding, 1166 1177 Plaintiffs, vs.; 1188 1199 CITY OF PLACENTIA, a Governmental Entity; Officer 2200 PEREZ, individually and DOES 1 2211 through 10, inclusive, 2222 Defendants. 2233 2244 2255 2266 2277 11 1. A. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 33 proprietary, or private information for which special protection from 44 public disclosure and from use for any purpose other than prosecuting this 55 litigation may be warranted. Accordingly, the parties hereby stipulate to and 66 petition the Court to enter the following Stipulated Protective Order. The parties 77 acknowledge that this Order does not confer blanket protections on all 88 disclosures or responses to discovery and that the protection it affords from 99 public disclosure and use extends only to the limited information or items that 1100 are entitled to confidential treatment under the applicable legal principles. The 1111 parties further acknowledge, as set forth in Section 12.3, below, that this 1122 Stipulated Protective Order does not entitle them to file confidential information 1133 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed 1144 and the standards that will be applied when a party seeks permission from the court 1155 to file material under seal. 1166 1177 B. GOOD CAUSE STATEMENT 1188 The Parties represent that pre-trial discovery in this case is likely to include 1199 the production of information and/or documents that are confidential and/or 2200 privileged, including the production of peace officer personnel file information 2211 and/or documents which the Parties agree includes: (1) Personal data, including 2222 marital status, family members, educational and employment history, home 2233 addresses, or similar information; (2) Medical history; (3) Police officer employee 2244 personnel file; (4) Employee advancement, appraisal, or discipline; (5) Evidence 2255 gathered by law enforcement as part of an ongoing criminal investigation (6) 2266 Complaints, or investigations of complaints, concerning an event or transaction in 2277 which a peace officer participated, or which a peace officer perceived, and pertaining to the manner in which the peace officer performed his or her duties 11 including compelled statements by peace officers unless specifically denoted as 22 “not confidential” pursuant to Penal Code section 832.7. Defendants contend that 33 such information is privileged as official information. Sanchez v. City of Santa 44 Ana,

(9th Cir. Cal. 1990); see also Kerr v. United States 55 Dist. Ct. for N.D. Cal.,

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

, 96

,

(1976). 77 The incident at issue in this action involves events that include a vehicular 88 collision. Officers of the Anaheim Police Department responded to the collision, 99 investigated and gathered evidence, and the Orange County District Attorney’s 1100 office is currently prosecuting the driver for gross vehicular manslaughter while 1111 intoxicated and six other felony charges. Discovery may require the production of 1122 certain Anaheim Police Department investigative findings and materials that are 1133 privileged and confidential during the pendency of the criminal prosecution. This 1144 information and materials are not available to the public and public disclosure at 1155 this time could risk compromising the underlying criminal prosecution, and/or 1166 impeding further investigation.. In addition to the aforesaid investigative findings 1177 and materials, Peace officer personnel file information and/or documents and 1188 security-sensitive policies and procedures are hereinafter referred to as 1199 "Confidential Information". 2200 The parties contend that that public disclosure of such material poses a 2211 substantial risk and jeopardy to the underlying criminal prosecution. Finally, the 2222 parties contend that the benefit of public disclosure of Confidential Information is 2233 minimal while the potential disadvantages are great. 2244 Accordingly, good cause exists for entry of this Protective Order to 2255 facilitate pre-trial disclosure to allow the parties to support their claims and 2266 defenses while assuring the safety of these sensitive disclosures. See Fed. R. Civ. 2277 Proc. 26(c). 11 22 2. DEFINITIONS 33 2.1 Action: Goulding, Tomas et al v. City of Placentia et al case no. :8:23- 44 CV-02332-MRA-KES 2.2 Challenging Party: a Party or Non-Party that 55 challenges the designation of information or items under this Order. 66 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 77 it is generated, stored or maintained) or tangible things that qualify for protection 88 under Federal Rule of Civil Procedure 26(c), and as specified above in the 99 Good Cause Statement. 1100 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 1111 their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 1122 items that it produces in disclosures or in responses to discovery as 1133 “CONFIDENTIAL.” 1144 2.6 Disclosure or Discovery Material: all items or information, regardless of 1155 the medium or manner in which it is generated, stored, or maintained (including, 1166 among other things, testimony, transcripts, and tangible things), that are produced 1177 or generated in disclosures or responses to discovery in this matter. 1188 2.7 Expert: a person with specialized knowledge or experience in a matter 1199 pertinent to the litigation who has been retained by a Party or its counsel to serve 2200 as an expert witness or as a consultant in this Action. 2211 2.8 House Counsel: attorneys who are employees of a party to this Action. 2222 House Counsel does not include Outside Counsel of Record or any other 2233 outside counsel. 2244 2.9 Non-Party: any natural person, partnership, corporation, association, or 2255 other legal entity not named as a Party to this action. 2266 2.10 Outside Counsel of Record: attorneys who are not employees of a 2277 party to this Action but are retained to represent or advise a party to this Action 11 law firm which has appeared on behalf of that party, and includes support staff. 22 2.11 Party: any party to this Action, including all of its officers, directors, 33 employees, consultants, retained experts, and Outside Counsel of Record (and 44 their support staffs). 55 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 66 Discovery Material in this Action. 77 2.13 Professional Vendors: persons or entities that provide litigation 88 support services (e.g., photocopying, videotaping, translating, preparing exhibits 99 or demonstrations, and organizing, storing, or retrieving data in any form or 1100 medium) and their employees and subcontractors. 1111 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 1122 2.15 Receiving Party: a Party that receives Disclosure or 1133 Discovery Material from a Producing Party. 1144 1155 3. SCOPE 1166 The protections conferred by this Stipulation and Order cover not only Protected 1177 Material (as defined above), but also (1) any information copied or extracted from 1188 Protected Material; (2) all copies, excerpts, summaries, or compilations of 1199 Protected Material; and (3) any testimony, conversations, or presentations by 2200 Parties or their Counsel that might reveal Protected Material. 2211 Any use of Protected Material at trial shall be governed by the orders of the trial 2222 judge. This Order does not govern the use of Protected Material at trial. 2233 2244 4. DURATION 2255 Once a case proceeds to trial, except for peace officer personnel files all of the 2266 information that was designated as confidential or maintained pursuant to this 2277 protective order becomes public and will be presumptively available to all 11 members of the public, including the press, unless compelling reasons supported 22 by specific factual findings to proceed otherwise are made to the trial judge in 33 advance of the trial. See Kamakana v. City and County of Honolulu,

1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 55 documents produced in discovery from “compelling reasons” standard when 66 merits-related documents are part of court record). Accordingly, the terms of this 77 protective order do not extend beyond the commencement of the trial. 88 99 5. DESIGNATING PROTECTED MATERIAL 1100 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this 1111 Order must take care to limit any such designation to specific material that 1122 qualifies under the appropriate standards. The Designating Party must designate 1133 for protection only those parts of material, documents, items, or oral or written 1144 communications that qualify so that other portions of the material, 1155 documents, or communications for which protection is not warranted are not 1166 swept unjustifiably within the ambit of this Order. 1177 Mass, indiscriminate, or routinized designations are prohibited. Designations that 1188 are shown to be clearly unjustified or that have been made for an improper 1199 purpose (e.g., to unnecessarily encumber the case development process or to 2200 impose unnecessary expenses and burdens on other parties) may expose the 2211 Designating Party to sanctions. 2222 If it comes to a Designating Party’s attention that information or items that it 2233 designated for protection do not qualify for protection, that Designating Party 2244 must promptly notify all other Parties that it is withdrawing the inapplicable 2255 designation. 2266 5.2 Manner and Timing of Designations. Except as otherwise provided in this 2277 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 11 protection under this Order must be clearly so designated before the material is 22 disclosed or produced. 33 Designation in conformity with this Order requires: 44 (a) for information in documentary form (e.g., paper or electronic documents, 55 but excluding transcripts of depositions or other pretrial or trial proceedings), that 66 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” 77 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 88 material. If only a portion or portions of the material on a page qualifies for 99 protection, the Producing Party also must clearly identify the protected portion(s) 1100 (e.g., by making appropriate markings in the margins). 1111 A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated 1122 which documents it would like copied and produced. During the inspection and 1133 before the designation, all of the material made available for inspection shall be 1144 deemed “CONFIDENTIAL.” After the inspecting Party has identified 1155 the documents it wants copied and produced, the Producing Party must determine 1166 which documents, or portions thereof, qualify for protection under this Order. 1177 Then, before producing the specified documents, the Producing Party must affix 1188 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 1199 only a portion or portions of the material on a page qualifies for protection, the 2200 Producing Party also must clearly identify the protected portion(s) (e.g., by 2211 making appropriate markings in the margins). 2222 (b) for testimony given in depositions that the Designating Party (or if the 2233 Designating party is a non-party not present at the deposition, the Receiving Party) 2244 identify the Disclosure or Discovery Material on the record, before the 2255 close of the deposition all protected testimony. 2266 (c) for information produced in some form other than documentary and for 2277 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored 11 the legend “CONFIDENTIAL.” If only a portion or portions of the 22 information warrants protection, the Producing Party, to the extent practicable, 33 shall identify the protected portion(s). 44 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 55 failure to designate qualified information or items does not, standing alone, 66 waive the Designating Party’s right to secure protection under this Order for such 77 material. Upon timely correction of a designation, the Receiving Party must make 88 reasonable efforts to assure that the material is treated in accordance with the 99 provisions of this Order. 1100 1111 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1122 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 1133 designation of confidentiality at any time that is consistent with the Court’s 1144 Scheduling Order. 1155 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 1166 resolution process under Local Rule 37.1 et seq. or follow the procedures 1177 for informal, telephonic discovery hearings on the Court's website. 1188 6.3 The burden of persuasion in any such challenge proceeding shall be 1199 on the Designating Party. Frivolous challenges, and those made for 2200 an improper purpose (e.g., to harass or impose unnecessary 2211 expenses and burdens on other parties) may expose the Challenging 2222 Party to sanctions. Unless the Designating Party has waived or withdrawn 2233 the confidentiality designation, all parties shall continue to afford the 2244 material in question the level of protection to which it is entitled 2255 under the Producing Party’s designation until the Court rules on the 2266 challenge. 2277 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 disclosed or produced by another Party or by a Non-Party in connection with this 22 Action only for prosecuting, defending, or attempting to settle this Action. Such 33 Protected Material may be disclosed only to the categories of persons and under 44 the conditions described in this Order. When the Action has been 55 terminated, a Receiving Party must comply with the provisions of section 13 66 below (FINAL DISPOSITION). 77 Protected Material must be stored and maintained by a Receiving Party at a 88 location and in a secure manner that ensures that access is limited to the persons 99 authorized under this Order. 1100 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 1111 otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated 1122 “CONFIDENTIAL” only to: 1133 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 1144 employees of said Outside Counsel of Record to whom it is reasonably necessary 1155 to disclose the information for this Action; 1166 b) the officers, directors, and employees (including House Counsel) of the 1177 Receiving Party to whom disclosure is reasonably necessary for this Action; 1188 (c) Experts (as defined in this Order) of the Receiving Party to whom 1199 disclosure is reasonably necessary for this Action and who have signed the 2200 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2211 (d) the court and its personnel; 2222 (e) court reporters and their staff; 2233 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 2244 to whom disclosure is reasonably necessary for this Action and who have signed 2255 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2266 (g) the author or recipient of a document containing the information or a 2277 custodian or other person who otherwise possessed or knew the information; 11 to whom disclosure is reasonably necessary provided: (1) the deposing party 22 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 33 will not be permitted to keep any confidential information unless they sign the 44 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 55 otherwise agreed by the Designating Party or ordered by the court. Pages of 66 transcribed deposition testimony or exhibits to depositions that reveal Protected 77 Material may be separately bound by the court reporter and may not be disclosed 88 to anyone except as permitted under this Stipulated Protective Order; and 99 (i) any mediator or settlement officer, and their supporting personnel, mutually 1100 agreed upon by any of the parties engaged in settlement discussions. 1111 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 1122 PRODUCED IN OTHER LITIGATION 1133 If a Party is served with a subpoena or a court order issued in other litigation that 1144 compels disclosure of any information or items designated in this Action as 1155 “CONFIDENTIAL,” that Party must: 1166 (a) promptly notify in writing the Designating Party. Such notification shall 1177 include a copy of the subpoena or court order; 1188 (b) promptly notify in writing the party who caused the subpoena or order to 1199 issue in the other litigation that some or all of the material covered by the 2200 subpoena or order is subject to this Protective Order. Such notification shall 2211 include a copy of this Stipulated Protective Order; and 2222 (c) cooperate with respect to all reasonable procedures sought to be pursued by 2233 the Designating Party whose Protected Material may be affected. 2244 If the Designating Party timely seeks a protective order, the Party served with the 2255 subpoena or court order shall not produce any information designated in this 2266 action as “CONFIDENTIAL” before a determination by the court from which the 2277 subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking 11 protection in that court of its confidential material and nothing in these provisions 22 should be construed as authorizing or encouraging a Receiving Party in this 33 Action to disobey a lawful directive from another court. 44 55 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 66 BE PRODUCED IN THIS LITIGATION 77 (a) The terms of this Order are applicable to information produced by a Non- 88 Party in this Action and designated as “CONFIDENTIAL.” Such information 99 produced by Non-Parties in connection with this litigation is protected by the 1100 remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 1111 1122 (b) In the event that a Party is required, by a valid discovery request, to produce 1133 a Non-Party’s confidential information in its possession, then the Party shall: 1144 (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 1155 with a Non-Party; 1166 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 1177 Order in this Action, the relevant discovery request(s), and a reasonably specific 1188 description of the information requested; and 1199 (3) make the information requested available for inspection by the 2200 Non-Party, if requested. 2211 (c) If the Non-Party fails to seek a protective order from this court within 2222 14 days of receiving the notice and accompanying information, the Receiving 2233 Party may produce the Non-Party’s confidential information responsive to the 2244 discovery request. If the Non-Party timely seeks a protective order, the Receiving 2255 Party shall not produce any information in its possession or control that is 2266 subject to this order, or any confidentiality agreement with the Non-Party, 2277 before a determination by the court. Absent a court order to the contrary, the 11 of its Protected Material. 22 33 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 44 MATERIAL 55 66 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 77 Protected Material to any person or in any circumstance not authorized under this 88 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 99 writing the Designating Party of the unauthorized disclosures, (b) use its best 1100 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 1111 person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the 1122 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 1133 A. INADVERTENT PRODUCTION OF PRIVILEGED OR 1144 OTHERWISE PROTECTED MATERIAL 1155 When a Producing Party gives notice to Receiving Parties that certain 1166 inadvertently produced material is subject to a claim of privilege or other 1177 protection, the obligations of the Receiving Parties are those set forth in Federal 1188 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 1199 whatever procedure may be established in an e-discovery order that provides 2200 for production without prior privilege review. Pursuant to Federal Rule of 2211 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of 2222 disclosure of a communication or information covered by the attorney-client 2233 privilege or work product protection, the parties may incorporate their agreement 2244 in the stipulated protective order submitted to the court. 2255 2266 12. MISCELLANEOUS 2277 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the Court in the future. 22 12.2 Right to Assert Other Objections. By stipulating to the entry of this 33 Protective Order no Party waives any right it otherwise would have to object to 44 disclosing or producing any information or item on any ground not addressed in 55 this Stipulated Protective Order. Similarly, no Party waives any right to object on 66 any ground to use in evidence of any of the material covered by this Protective 77 Order. 88 12.3 Filing Protected Material. A Party that seeks to file under seal any 99 Protected Material must comply with Civil Local Rule 79-5. Protected Material 1100 may only be filed under seal pursuant to a court order authorizing the sealing of 1111 the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the court, then the Receiving Party may file the 1122 information in the public record only after providing the designating party with 1133 notice and opportunity to object, and unless otherwise instructed by the court. 1144 13. FINAL DISPOSITION 1155 1166 After the final disposition of this Action, as defined in paragraph 4, within 60 days 1177 of a written request by the Designating Party, each Receiving Party must return all 1188 Protected Material to the Producing Party or destroy such material. As used in 1199 this subdivision, “all Protected Material” includes all copies, abstracts, 2200 compilations, summaries, and any other format reproducing or capturing any of 2211 the Protected Material. Whether the Protected Material is returned or destroyed, 2222 the Receiving Party must submit a written certification to the Producing Party 2233 (and, if not the same person or entity, to the Designating Party) by the 60 day 2244 deadline that (1) identifies (by category, where appropriate) all the Protected 2255 Material that was returned or destroyed and (2)affirms that the Receiving 2266 Party has not retained any copies, abstracts, compilations, summaries or any 2277 other format reproducing or capturing any of the Protected Material. 11 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 22 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 33 work product, and consultant and expert work product, even if such materials 44 contain Protected Material. Any such archival copies that contain or constitute 55 Protected Material remain subject to this Protective Order as set forth in Section 4 66 (DURATION). 77 88 14. Any violation of this Order may be punished by any and all 99 appropriate measures including, without limitation, contempt proceedings 1100 sanctions and/or monetary sanctions. 1111 1122 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 1133 DATED 3/15/2024 1144 1155 Attorneys for Plaintiff /s/ Cameron Sehat 1166 1177 DATED: 3/15/2024 1188 1199 2200 Attorneys for Defendant /s/ Michael L. Wroniak 2211 2222 2233 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2244 DATED: March 18, 2024 2255 __________________________________ 2266 Hon. Karen E. Scott United States Magistrate Judge 2277 11 EXHIBIT A 22 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 33 44 I, [print or type full address], of 55 ____________________ declare under penalty that I have read in its entirety 66 and understand the Stipulated Protective Order that was issued by the United 77 States District Court for the Central District of California on [date] in the case of 88 [insert formal name of the case and the number and initials assigned to it 99 by the court]. I agree to comply with and to be bound by all the terms of this 1100 Stipulated Protective Order and I understand and acknowledge that failure to so 1111 comply could expose me to sanctions and punishment in the nature of contempt. I 1122 solemnly promise that I will not disclose in any manner any information or item 1133 that is subject to this Stipulated Protective Order to any person or entity except in 1144 strict compliance with the provisions of this Order. 1155 I further agree to submit to the jurisdiction of the United States District Court for 1166 the Central District of California for the purpose of enforcing the terms of 1177 this Stipulated Protective Order, even if such enforcement proceedings occur after 1188 termination of this action. I hereby appoint 1199 [print or type full name] of [print 2200 or type full address and telephone number] as my California agent for service of 2211 process in connection with this action or any proceedings related to enforcement 2222 of this Stipulated Protective Order. 2233 Date: 2244 City and State where sworn and signed: 2255 2266 Printed name: 2277 Signature: ______________