Angelique Kenney v. County of Riverside, Doe Defendants 1-10, individually and...

1 || Eugene P. Ramirez (State Bar No. 134865) cugene. ramirez @manningkass.com || Kayleigh Andersen (State Bar No. 306442) [email protected] || Angela Brunson (State Bar No. 189223) Mngcla Brunson Gnanningkass.com 4|| MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP || 801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 || Telephone: (213) 624-6900 Facsimile: (213) 624-6999 Attorneys for Defendant || COUNTY OF RIVERSIDE n 10 UNITED STATES DISTRICT COURT 2 11 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION || ANGELIQUE KENNEY, Case No. 5:25-cv-2524-KK-(DTBx) S 14 Plaintiff, [PROPOSED] <x STIPULATED PROTECTIVE = 15 V. ORDER || COUNTY OF RIVERSIDE, DOE DEFENDANTS 1-10, individually and || in their capacities as law enforcement officers of the Riverside County || Sheriff’s Department, 19 Defendants.

21 Discovery in this action is likely to involve production of confidential, || proprietary, or private information for which special protection from public disclosure || and from use for any purpose other than prosecuting this litigation may be warranted.

24 || Accordingly, the parties hereby stipulate to and petition the Court to enter the || following Stipulated Protective Order. The parties acknowledge that this Order does || not confer blanket protections on all disclosures or responses to discovery and that || the protection it affords from public disclosure and use extends 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 Section 12.3, below, ||that this Stipulated Protective Order does not entitle them to file confidential || information under seal; Civil Local Rule 79-5 sets forth the procedures that must be || followed and the standards that will be applied when a party seeks permission from || the court to file material under seal.

6|/1. GOOD CAUSE STATEMENT 7 This action is expected to involve the disclosure of highly sensitive and || confidential information, including both (1) medical and personal records and (2) law || enforcement personnel records and related materials. The parties agree that special || protection from public disclosure—and from use for any purpose other than the 2 11 || prosecution of this case—is warranted. = 12 1.1. Medical and Personal Confidential Information 13 This case may involve the production of private medical and mental health S 14 || records, autopsy reports, and other sensitive documents related to the death at issue. = 15 || These records include, but are not limited to, HIPAA-protected health care || information, as well as confidential information concerning third parties and non- ||parties. The parties further anticipate the disclosure of personal identifying || information, background investigation materials, and other documents generally || unavailable to the public or protected by law.

20 The parties agree that such materials are protected under federal and state || privacy laws, including the Health Insurance Portability and Accountability Act || (HIPAA), and should not be disclosed outside the litigation. The need to preserve the || confidentiality of this information, particularly with respect to individuals not party || to the action, supports the entry of a protective order.

25 1.22. Law Enforcement Personnel Records and Privileged Law 26 Enforcement Materials 27 Separately, Defendants contend that good cause exists for a protective order to || prevent the disclosure of peace officer personnel records and associated investigative || materials. These records include internal police procedures, investigative analyses, || and legal communications, the release of which could harm public safety, impair law || enforcement functions, and intrude on officers’ privacy.

4 First, Defendants assert that peace officers have a reasonable expectation of || privacy in their personnel records, a protection recognized under both federal law and || California’s Pitchess statutes. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, || 1033-34 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, || at *2—-3, *12—-13 (E.D. Cal. 2012); Soto v. City of Concord, 162 F.R.D. 603, 613 n.4, ||616 (N.D. Cal. 1995); cf. Cal. Penal Code 8§ 832.7, 832.8; Cal. Evid. Code §§ 1040— || 1047. They argue that unrestricted disclosure of these materials could endanger 2 11 || officers, non-party witnesses, and their families or associates. = 12 Second, Defendants assert that these records are protected by several federal || privileges, including the deliberative process privilege, the official information S 14 || privilege, the law enforcement privilege, and the attorney-client privilege (and || attorney work product doctrine). These privileges apply especially to materials || involving internal evaluations, critical self-analysis, or legal advice, such as Internal || Affairs reports, supervisory assessments, and documents prepared at the direction of || counsel. See Kelly v. City of San Jose, 114 F.R.D. 654, 668-71 (N.D. Cal. 1987); || Maricopa Audubon Soc’y v. U.S. Forest Serv., 108 F.3d 1089, 1092-95 (9th Cir. || 1997); Tuite v. Henry, 181 F.R.D. 175, 176-77 (D.D.C. 1998); Admiral Ins. Co. v. || U.S. Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants contend that || disclosure would undermine law enforcement’s ability to obtain candid input from || witnesses, conduct effective investigations, and implement necessary reforms.

24 Third, Defendants note that peace officers may be compelled to provide || statements in connection with internal investigations, unlike private citizens. They ||argue that the involuntary nature of such disclosures makes public release || fundamentally unfair. See Lybarger v. City of Los Angeles, 40 Cal. 3d 822, 828-30 || (1985); cf. U.S. Const. amend. V. l 1.3 Joint Basis for Protective Order 2 The parties jointly agree that a protective order is necessary to facilitate the |/exchange of discovery while minimizing the risk of harm to privacy, safety, and || privilege interests. In the absence of such an order, sensitive and legally protected ||information may be improperly disclosed, creating needless complications and || burdens for the Court.

7 Accordingly, the parties request entry of a protective order to expedite the flow ||of discovery, promote efficient resolution of confidentiality disputes, ensure || appropriate use of confidential materials in preparation for and during trial, and || govern the handling of such materials following the conclusion of litigation.

2 11 The parties further agree that no information will be designated confidential = 12 || without a good-faith belief that it is non-public and subject to protection under || applicable law. Confidential designations will not be made for tactical reasons or to S 14 || obstruct discovery.

15 DEFINITIONS 16 2.1 Action: this pending federal law suit.

17 2.2 Challenging Party: a Party or Non-Party that challenges the designation || of information or items under this Order.

19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of || how it is generated, stored or maintained) or tangible things that qualify for protection || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good || Cause Statement.

23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their || support staff).

25 2.5 Designating Party: a Party or Non-Party that designates information or ||items that it produces in disclosures or in responses to discovery as || “CONFIDENTIAL.”

28 2.6 Disclosure or Discovery Material: all items or information, regardless || of the medium or manner in which it is generated, stored, or maintained (including, ||among other things, testimony, transcripts, and tangible things), that are produced or || generated in disclosures or responses to discovery in this matter.

4 2.7 Expert: a person with specialized knowledge or experience in a matter || pertinent to the litigation who has been retained by a Party or its counsel to serve as || an expert witness or as a consultant in this Action.

7 2.8 House Counsel: attorneys who are employees of a party to this Action.

8 || House Counsel does not include Outside Counsel of Record or any other outside || counsel.

10 2.9 Non-Party: any natural person, partnership, corporation, association, or 2 11 || other legal entity not named as a Party to this action. = 12 2.10 Outside Counsel of Record: attorneys who are not employees of a party || to this Action but are retained to represent or advise a party to this Action and have S 14 || appeared in this Action on behalf of that party or are affiliated with a law firm which || has appeared on behalf of that party, and includes support staff.

16 2.11 Party: any party to this Action, including all of its officers, directors, ||employees, consultants, retained experts, and Outside Counsel of Record (and their || support staffs).

19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or || Discovery Material in this Action.

21 2.13 Professional Vendors: persons or entities that provide litigation support ||services (e.g., photocopying, videotaping, translating, preparing exhibits or || demonstrations, and organizing, storing, or retrieving data in any form or medium) || and their employees and subcontractors.

25 2.14 Protected Material: any Disclosure or Discovery Material that 1s || designated as “CONFIDENTIAL.”

27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material || from a Producing Party.

SCOPE 2 The protections conferred by this Stipulation and Order cover not only || Protected Material (as defined above), but also (1) any information copied or extracted 4\|from Protected Material; (2) all copies, excerpts, summaries, or compilations of || Protected Material; and (3) any testimony, conversations, or presentations by Parties || or their Counsel that might reveal Protected Material. Any use of Protected Material || at trial shall be governed by the orders of the trial judge. This Order does not govern || the use of Protected Material at trial.

9/4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations 2 11 ||imposed by this Order shall remain in effect until a Designating Party agrees = 12 || otherwise in writing or a court order otherwise directs. Final disposition shall be || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with S 14 ||or without prejudice; and (2) final judgment herein after the completion and ||exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, || including the time limits for filing any motions or applications for extension of time || pursuant to applicable law.

18||5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for 20 Protection.

21 Each Party or Non-Party that designates information or items for protection || under this Order must take care to limit any such designation to specific material that || qualifies under the appropriate standards. The Designating Party must designate for || protection only those parts of material, documents, items, or oral or written || communications that qualify so that other portions of the material, documents, items, || or communications for which protection is not warranted are not swept unjustifiably || within the ambit of this Order. Mass, indiscriminate, or routinized designations are || prohibited. Designations that are shown to be clearly unjustified or that have been || made for an improper purpose (e.g., to unnecessarily encumber the case development || process or to impose unnecessary expenses and burdens on other parties) may expose || the Designating Party to sanctions. If it comes to a Designating Party’s attention that ||information or items that it designated for protection do not qualify for protection, || that Designating Party must promptly notify all other Parties that it is withdrawing || the inapplicable designation.

7 5.2. Manner and Timing of Designations.

8 Except as otherwise provided in this 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 protection under this Order must be clearly so designated 2 11 || before the material is disclosed or produced. = 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic documents, S 14 || but excluding transcripts of depositions or other pretrial or trial proceedings), that the || Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter || “CONFIDENTIAL legend’), to each page that contains protected material. If only a || portion or portions of the material on a page qualifies for protection, the Producing || Party also must clearly identify the protected portion(s) (e.g., by making appropriate || markings in the margins).

20 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 || which documents it would like copied and produced. During the inspection and before || the designation, all of the material made available for inspection shall be deemed || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants ||copied and produced, the Producing Party must determine which documents, or || portions thereof, qualify for protection under this Order. Then, before producing the || specified documents, the Producing Party must affix the “CONFIDENTIAL legend” ||to each page that contains Protected Material. If only a portion or portions of the || material on a page qualifies for protection, the Producing Party also must clearly ||identify the protected portion(s) (e.g., by making appropriate markings in the || margins).

4 (b) for testimony given in depositions that the Designating Party identify the || Disclosure or Discovery Material on the record, before the close of the deposition all || protected testimony.

7 (c) for information produced in some form other than documentary and for 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 the legend || “CONFIDENTIAL.” If only a portion or portions of the information warrants 2 11 || protection, the Producing Party, to the extent practicable, shall identify the protected = 12 || portion(s).

13 5.3. Inadvertent Failures to Designate.

S 14 If timely corrected, an inadvertent failure to designate qualified information or ||items does not, standing alone, waive the Designating Party’s right to secure || protection under this Order for such material.

17 Upon timely correction of a designation, the Receiving Party must make ||reasonable efforts to assure that the material is treated in accordance with the || provisions of this Order.

20 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a ||designation of confidentiality at any time that is consistent with the Court’s || Scheduling Order.

24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute || resolution process under Local Rule 37.1 et seq.

26 6.3. The burden of persuasion in any such challenge proceeding shall be on || the Designating Party. Frivolous challenges, and those made for an improper purpose || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may ||expose the Challenging Party to sanctions. Unless the Designating Party has waived || or withdrawn the confidentiality designation, all parties shall continue to afford the || material in question the level of protection to which it is entitled under the Producing || Party’s designation until the Court rules on the challenge.

5 ||7. ACCESS TO AND USE OF PROTECTED MATERIAL 6 7.1 Basic Principles. A Receiving Party may use Protected Material that is || disclosed or produced by another Party or by a Non-Party in connection with this || Action only for prosecuting, defending, or attempting to settle this Action. Such || Protected Material may be disclosed only to the categories of persons and under the || conditions described in this Order. When the Action has been terminated, a Receiving 2 11 || Party must comply with the provisions of section 13 below (FINAL DISPOSITION). = 12 || Protected Material must be stored and maintained by a Receiving Party at a location ||and in a secure manner that ensures that access is limited to the persons authorized || under this Order.

15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless || otherwise ordered by the court or permitted in writing by the Designating Party, a 17||Receiving Party may disclose any information or item designated | “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as ||employees of said Outside Counsel of Record to whom it is reasonably necessary to || disclose the information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) of the || Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure ||is reasonably necessary for this Action and who have signed the “Acknowledgment || and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 (e) court reporters and their staff; l (f) professional jury or trial consultants, mock jurors, and Professional Vendors ||to whom disclosure is reasonably necessary for this Action and who have signed the || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a || custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses ,and attorneys for witnesses, in the || Action to whom disclosure is reasonably necessary provided: (1) the deposing party || requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 9||not be permitted to keep any confidential information unless they sign the ||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 11 ||agreed by the Designating Party or ordered by the court. Pages of transcribed = 12 || deposition testimony or exhibits to depositions that reveal Protected Material may be || separately bound by the court reporter and may not be disclosed to anyone except as S 14 || permitted under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, mutually || agreed upon by any of the parties engaged in settlement discussions.

17/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED | IN OTHER LITIGATION 19 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: 22 (a) promptly notify in writing the Designating Party. Such notification shall || include a copy of the subpoena or court order; 24 (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 Protective Order. Such notification shall include a copy of || this Stipulated Protective Order; and 28 (c) cooperate with respect to all reasonable procedures sought to be pursued by | || the Designating Party whose Protected Material may be affected. 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 || 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. ”n 10/9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 11 |} PRODUCED IN THIS LITIGATION = 12 9.1. The terms of this Order are applicable to information produced by a Non- ||Party in this Action and designated as “CONFIDENTIAL.” Such information S 14 || produced by Non-Parties in connection with this litigation is protected by the ||remedies and relief provided by this Order. Nothing in these provisions should be || construed as prohibiting a Non-Party from seeking additional protections.

17 9.2 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 ||subject to an agreement with the Non-Party not to produce the Non-Party’s || confidential information, then the Party shall: 21 (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; 24 (2) promptly provide the Non-Party with a copy of the Stipulated || Protective Order in this Action, the relevant discovery request(s), and a reasonably || specific description of the information requested; and 27 (3) make the information requested available for inspection by the Non- || Party, if requested.

l 9.3 If the 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 || produce the Non-Party’s confidential information responsive to the discovery request.

4 || 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.

9 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 2 11 || Protected Material to any person or in any circumstance not authorized under this = 12 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts S 14 || to retrieve all unauthorized copies of the Protected Material, (c) inform the 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 “Acknowledgment and || Agreement to Be Bound” that is attached hereto as Exhibit A.

18} 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE || PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain || inadvertently produced material is subject to a claim of privilege or other protection, || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure || may be established in an e-discovery order that provides for production without prior || 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 information covered by || attorney-client privilege or work product protection, the parties may incorporate their || agreement in the stipulated protective order submitted to the court.

1 || 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any || person to seek its modification by the Court in the future.

4 12.2 Right to Assert Other Objections. By stipulating to the entry of this || Protective Order no Party waives any right it otherwise would have to object to || disclosing or producing any information or item on any ground not addressed in this || Stipulated Protective Order. Similarly, no Party waives any right to object on any || ground to use in evidence of any of the material covered by this Protective Order.

9 12.3 Filing Protected Material. A Party that seeks to file under seal any || Protected Material must comply with Civil Local Rule 79-5. Protected Material may 2 11 || only be filed under seal pursuant to a court order authorizing the sealing of the specific = 12 || 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 information in the public S 14 || record unless otherwise instructed by the court.

15 | 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 || days of a written request by the Designating Party, each Receiving Party must return || all Protected Material to the Producing Party or destroy such material. As used in this || subdivision, “all Protected Material” includes all copies, abstracts, compilations, ||summaries, and any other format reproducing or capturing any of the Protected || Material. Whether the Protected Material is returned or destroyed, the Receiving Party || must submit a written certification to the Producing Party (and, if not the same person ||or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by || category, where appropriate) all the Protected Material that was returned or destroyed ||and (2)affirms that the Receiving Party has not retained any copies, abstracts, || compilations, summaries or any other format reproducing or capturing any of the || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an ||archival copy of all pleadings, motion papers, trial, deposition, and hearing || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such || materials contain Protected Material. Any such archival copies that contain or || constitute Protected Material remain subject to this Protective Order as set forth in || Section 4 (DURATION).

6/14. VIOLATIONS 7 Any violation of this Order may be punished by any and all appropriate ||measures including, without limitation, contempt proceedings and/or monetary || sanctions. ”n 10 || IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. < 11 12)/DATED: January 23, 2026 MANNING & KASS S B ELLROD, RAMIREZ, TRESTER LLP 14 By: /s/ Kayleigh A. Anderson 15 Eugene P. Ramirez Kayleigh Andersen 16 Angela Brunson Attorneys for Defendant, V7 COUNTY OF RIVERSIDE DATED: January 23, 2026 COHEN HIRSCH, LP 20 By: /s/Andrea Hirsch Brooke Cohen, Esq.

21 Andrea Hirsch, Esq.

2 Attorneys for Plaintiff, ANGELIQUE KENNEY 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND | I, [print or type full name], of 4 [print or type full address], || declare under penalty of perjury that I have read in its entirety and understand the || Stipulated Protective Order that was issued by the United States District Court for the ||Central District of California on [date] in the case of | ANGELIQUE KENNEY v. COUNTY OF RIVERSIDE, et al, Case No. 5:25-cv- || 02524-KK-DTB. I agree to comply with and to be bound by all the terms of this || Stipulated Protective Order and I understand and acknowledge that failure to so 2 11 ||comply could expose me to sanctions and punishment in the nature of contempt. I = 12 ||solemnly promise that I will not disclose in any manner any information or item that ||is subject to this Stipulated Protective Order to any person or entity except in strict S 14 ||compliance with the provisions of this Order. I further agree to submit to the || jurisdiction of the United States District Court for the Central District of California || for the purpose of enforcing the terms of this Stipulated Protective Order, even if such ||enforcement proceedings occur after termination of this action. I hereby appoint 18 [print or type full name] of 19 [print or type full address and || telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective || Order.

23 || Date: || City and State where sworn and signed: || Printed name: || Signature: || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3 || DATED: January 27, 2026 | PPA || DAVID T. BRISTOW UNITED STATES MAGISTRATE JUDGE n 10 < 11 — 12 2; 5 14 S15