Abelina Perez v. County of Riverside

• Court: District Court, C.D. California
• Decided: July 13, 2022
• Docket: 5:22-cv-00515
• Status: Unknown

Opinion

Case §:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Pagelof17 Page ID #:120

1 || Eugene P. Ramirez (State Bar No. 134865) epr@manningiip.com 2 || Craig Smith (State Bar No. 265676) gcs@manningllp.com 3 || Deann Rivard (State Bar No. 177482) avi @manninglp.com 4||MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 5||801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 6 || Telephone: GB) 624-6900 Facsimile: (213) 624-6999 Attorneys for Defendant, COUNTY OF 8 RIVERSIDE 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION □ 11 = 12 || ABELINA PEREZ, individually and as_| Case No. 5:22-CV-00515-JGB-KKx 2 iB successor in interest to Luis Angel MH 13 || Munoz Perez, deceased, and FABIOLA ni PEREZ, individually [DISCOVERY MATTER] Ze, 14 STIPULATED PROTECTIVE se 15 Plaintiff, ORDER Z| 16 v. - 17 || COUNTY OF RIVERSIDE, DEPUTY DOE #1, DOES 2-5, 18 Defendant. 19 Complaint Filed: 03/23/2022 20 21 1. A. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 || proprietary, or private information for which special protection from public 24 || disclosure and from use for any purpose other than prosecuting this litigation may 25 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 || enter the following Stipulated Protective Order. The parties acknowledge that this 27 || Order does not confer blanket protections on all disclosures or responses to 28 || discovery and that the protection it affords from public disclosure and use extends Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER

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1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. The parties further acknowledge, as set forth in 3 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 4 file confidential information under seal; Civil Local Rule 79-5 sets forth the 5 procedures that must be followed and the standards that will be applied when a party 6 seeks permission from the court to file material under seal. 7 B. GOOD CAUSE STATEMENT. 8 1.1. Contentions re Harm from Disclosure of Confidential Materials. 9 Defendants contend that there is good cause and a particularized need 10 for a protective order to preserve the interests of confidentiality and privacy in peace 11 officer personnel file records and associated investigative or confidential records for 12 the following reasons. 13 First, Defendants contend that peace officers have a federal privilege of 14 privacy in their personnel file records: a reasonable expectation of privacy therein 15 that is underscored, specified, and arguably heightened by the Pitchess protective 16 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 17 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 18 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies 19 to privilege based discovery disputes involving federal claims,” the “state privilege 20 law which is consistent with its federal equivalent significantly assists in applying 21 [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 22 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 23 “privacy rights [that] are not inconsequential” in their police personnel records); cf. 24 Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants 25 further contend that uncontrolled disclosure of such personnel file information can 26 threaten the safety of non-party witnesses, officers, and their 27 families/associates. 28 /// 2 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 3 of 17 Page ID #:122

1 Second, Defendants contend that municipalities and law enforcement 2 agencies have federal deliberative-executive process privilege, federal official 3 information privilege, federal law enforcement privilege, and federal attorney-client 4 privilege (and/or attorney work product protection) interests in the personnel files of 5 their peace officers – particularly as to those portions of peace officer personnel files 6 that contain critical self-analysis, internal deliberation/decision-making or 7 evaluation/analysis, or communications for the purposes of obtaining or rendering 8 legal advice or analysis – potentially including but not limited to 9 evaluative/analytical portions of Internal Affairs type records or reports, 10 evaluative/analytical portions of supervisory records or reports, and/or reports 11 prepared at the direction of counsel, or for the purpose of obtaining or rendering 12 legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v. 13 United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 14 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 15 Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 16 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United 17 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further 18 contend that such personnel file records are restricted from disclosure by the public 19 entity’s custodian of records pursuant to applicable California law and that 20 uncontrolled release is likely to result in needless intrusion of officer privacy; 21 impairment in the collection of third-party witness information and statements and 22 related legitimate law enforcement investigations/interests; and a chilling of open 23 and honest discussion regarding and/or investigation into alleged misconduct that 24 can erode a public entity’s ability to identify and/or implement any remedial 25 measures that may be required. 26 Third, Defendants contend that, since peace officers do not have the 27 same rights as other private citizens to avoid giving compelled statements, it is 28 contrary to the fundamental principles of fairness to permit uncontrolled release of 3 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 4 of 17 Page ID #:123

1 officers’ compelled statements. See generally Lybarger v. City of Los Angeles, 40 2 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V. 3 Accordingly, Defendants contend that, without a protective order 4 preventing such, production of confidential records in the case can and will likely 5 substantially impair and harm defendant public entity’s interests in candid self- 6 critical analysis, frank internal deliberations, obtaining candid information from 7 witnesses, preserving the safety of witnesses, preserving the safety of peace officers 8 and peace officers’ families and associates, protecting the privacy officers of peace 9 officers, and preventing pending investigations from being detrimentally 10 undermined by publication of private, sensitive, or confidential information – as can 11 and often does result in litigation. 12 1.2. Plaintiffs do not agree with and do not stipulate to Defendants' 13 contentions herein above, and nothing in this Stipulation or its associated Order 14 shall resolve the parties’ disagreement, or bind them, concerning the legal 15 statements and claimed privileges set forth above. 16 However, plaintiffs agree that there is Good Cause for a Protective 17 Order so as to preserve the respective interests of the parties without the need to 18 further burden the Court with such issues. Specifically, the parties jointly contend 19 that, absent this Stipulation and its associated Protective Order, the parties' 20 respective privilege interests may be impaired or harmed, and that this Stipulation 21 and its associated Protective Order may avoid such harm by permitting the parties to 22 facilitate discovery with reduced risk that privileged and/or sensitive/confidential 23 information will become matters of public record. 24 1.3. The parties jointly contend that there is typically a particularized 25 need for protection as to any medical or psychotherapeutic records and autopsy 26 photographs, because of the privacy interests at stake therein. Because of these 27 sensitive interests, a Court Order should address these documents rather than a 28 private agreement between the parties. 4 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 5 of 17 Page ID #:124

1 1.4. The parties therefore stipulate that there is Good Cause for, and 2 hereby jointly request that the honorable Court issue/enter, a Protective Order re 3 confidential documents consistent with the terms and provisions of this Stipulation. 4 However, the entry of a Protective Order by the Court pursuant to this Stipulation 5 shall not be construed as any ruling by the Court on the aforementioned legal 6 statements or privilege claims in this section (§ 1), nor shall this section be 7 construed as part of any such Court Order. 8 9 2. DEFINITIONS 10 2.1 Action: [this pending federal law suit]. 11 2.2 Party: any party to this action, including all of its officers, 12 directors, employees, agents, consultants, retained experts, house counsel and 13 outside counsel (and/or the support staff thereof). 14 2.3 Challenging Party: a Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 17 2.4 “CONFIDENTIAL” Information or Items: information (regardless of how 18 it is generated, stored or maintained) or tangible things that qualify for protection 19 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 20 Cause Statement. 21 2.5 House Counsel: attorneys who are employees of a Party (as well as their 22 support staff). 23 2.6 Outside Counsel: outside Counsel of Record and House Counsel (as well 24 as their support staff). 25 2.7 Counsel (without qualifier): Outside Counsel and House Counsel (as 26 well as their support staff). 27 2.8 Designating Party: a Party or Non-Party that designates information or 28 items that it produces in disclosures or in responses to discovery as 5 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 6 of 17 Page ID #:125

1 “CONFIDENTIAL.” 2 2.9 Producing Party: a Party or non-party that produces Disclosure or 3 Discovery Material in this action, including a Party that is defending a deposition 4 noticed or subpoenaed by another Party; additionally, for the limited purpose of 5 designating testimony subject to this Stipulation and Order pursuant to section 6.2(b) 6 (infra), a “Producing Party” shall also be construed to include a Party that is attending 7 and/or participating in a non-party deposition noticed/subpoenaed by another Party. 8 2.10 Disclosure or Discovery Material: all items or information, regardless 9 of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced or 11 generated in disclosures or responses to discovery in this matter. 12 2.11 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve as 14 an expert witness or as a consultant in this Action, and who is not a past or a current 15 employee of a Party and who, at the time of retention, is not anticipated to become an 16 employee of a Party or a competitor of a Party’s; as well as any person retained, 17 designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 18 Procedure 26(a)(2) or other applicable discovery Rules or statutes. 19 2.12. Professional Vendors: persons or entities that provide litigation support 20 services (e.g., photocopying; videotaping; translating; preparing exhibits or 21 demonstrations; and/or organizing, storing, retrieving data in any form or medium; 22 etc.); and their employees and subcontractors. 23 2.14 Protected Material: any Disclosure or Discovery Material that is 24 designated as “CONFIDENTIAL.” 25 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 26 from a Producing Party. 27 /// 28 /// 6 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 7 of 17 Page ID #:126

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 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 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 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 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 13 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 14 or without prejudice; and (2) final judgment herein after the completion and 15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 including the time limits for filing any motions or applications for extension of time 17 pursuant to applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under this 21 Order must take care to limit any such designation to specific material that qualifies 22 under the appropriate standards. The Designating Party must designate for protection 23 only those parts of material, documents, items, or oral or written communications that 24 qualify so that other portions of the material, documents, items, or communications 25 for which protection is not warranted are not swept unjustifiably within the ambit of 26 this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 7 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 8 of 17 Page ID #:127

1 that are shown to be clearly unjustified or that have been made for an improper 2 purpose (e.g., to unnecessarily encumber the case development process or to impose 3 unnecessary expenses and burdens on other parties) may expose the Designating Party 4 to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it 6 designated for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in 9 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 10 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 11 under this Order must be clearly so designated before the material is disclosed or 12 produced. 13 Designation in conformity with this Order requires: 14 15 (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix at a minimum, the legend 18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 19 contains protected material. If only a portion or portions of the material on a page 20 qualifies for protection, the Producing Party also must clearly identify the protected 21 portion(s) (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for 23 inspection need not designate them for protection until after the inspecting Party has 24 indicated which documents 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 8 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 9 of 17 Page ID #:128

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 identify the protected portion(s) (e.g., by making appropriate markings in the 5 margins). 6 (b) for testimony given in depositions that the Designating Party identify 7 the Disclosure or Discovery Material on the record, before the close of the deposition 8 all protected testimony. 9 (c) for information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify the protected 14 portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s 25 Scheduling Order. 26 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 28 resolution process under Local Rule 37.1 et seq. 9 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 10 of 17 Page ID #:129

1 6.3 The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 continue to afford the material in question the level of protection to which it is 7 entitled under the Producing Party’s designation until the Court rules on the 8 challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending, or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a Receiving 15 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 24 well as employees of said Outside Counsel of Record to whom it is reasonably 25 necessary to disclose the information for this Action; 26 /// 27 /// 28 /// 10 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 11 of 17 Page ID #:130

1 (b) the officers, directors, and employees (Including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 9 (f) professional jury or trial consultants, mock jurors, and Professional 10 Vendors to whom disclosure is reasonably necessary for this Action and who have 11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (g) the author or recipient of a document containing the information or a 13 custodian or other person who otherwise possessed or knew the information; 14 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 15 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 16 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 17 not be permitted to keep any confidential information unless they sign the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 19 agreed by the Designating Party or ordered by the court. Pages of transcribed 20 deposition testimony or exhibits to depositions that reveal Protected Material may be 21 separately bound by the court reporter and may not be disclosed to anyone except as 22 permitted under this Stipulated Protective Order; and 23 (i) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 26 OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation 28 that compels disclosure of any information or items designated in this Action as 11 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 12 of 17 Page ID #:131

1 "CONFIDENTIAL," that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification 3 shall include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena or order 5 to issue in the other litigation that some or all of the material covered by the subpoena 6 or order is subject to this Protective Order. Such notification shall include a copy of 7 this Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be 9 pursued by the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with 11 the subpoena or court order shall not produce any information designated in this action 12 as “CONFIDENTIAL” before a determination by the court from which the subpoena 13 or order issued, unless the Party has obtained the Designating Party’s permission. The 14 Designating Party shall bear the burden and expense of seeking protection in that court 15 of its confidential material and nothing in these provisions should be construed as 16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 17 directive from another court. 18 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 20 IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a 22 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 23 produced by Non-Parties in connection with this litigation is protected by the 24 remedies and relief provided by this Order. Nothing in these provisions should be 25 construed as prohibiting a Non-Party from seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 produce a Non-Party’s confidential information in its possession, and the Party is 28 12 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 13 of 17 Page ID #:132

1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party 4 that some or all of the information requested is subject to a confidentiality agreement 5 with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the 10 Non-Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 12 14 days of receiving the notice and accompanying information, the Receiving Party 13 may produce the Non-Party’s confidential information responsive to the discovery 14 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 15 not produce any information in its possession or control that is subject to the 16 confidentiality agreement with the Non-Party before a determination by the court. 17 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 18 of seeking protection in this court of its Protected Material. 19 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, 28 13 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 14 of 17 Page ID #:133

1 and (d) request such person or persons to execute the “Acknowledgment and 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. 16 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 19 person to seek its modification by the Court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in this 23 Stipulated Protective Order. Similarly, no Party waives any right to object on any 24 ground to use in evidence of any of the material covered by this Protective Order. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 27 only be filed under seal pursuant to a court order authorizing the sealing of the specific 28 Protected Material at issue. If a Party's request to file Protected Material under seal is 14 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5:22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page 15 of 17 Page ID #:134

1 denied by the court, then the Receiving Party may file the information in the public 2 record unless otherwise instructed by the court. 3 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must return 7 all Protected Material to the Producing Party or destroy such material. As used in this 8 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected 10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 11 must submit a written certification to the Producing Party (and, if not the same person 12 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 13 category, where appropriate) all the Protected Material that was returned or destroyed 14 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 15 compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 17 archival copy of all pleadings, motion papers, trial, deposition, and hearing 18 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 19 reports, attorney work product, and consultant and expert work product, even if such 20 materials contain Protected Material. Any such archival copies that contain or 21 constitute Protected Material remain subject to this Protective Order as set forth in 22 Section 4 (DURATION). 23 /// 24 /// 25 /// 26 /// 27 /// 28 15 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER Case 5{22-cv-00515-JGB-KK Document 22 Filed 07/13/22 Page16o0f17 Page ID#:135

1|/14. Any violation of this Order may be punished by any and all appropriate 2||measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. 4|IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5|| DATED: June 28, 2022 MANNING & KASS 6 ELLROD, RAMIREZ, TRESTER LLP g By: /s/Deann Rivard Eugene P. Ramirez 9 G. Craig Smith 10 Deann Rivard Attorneys for Defendant, COUNTY OF 11 RIVERSIDE 12 DATED: June 28, 2022 LESSEM, NEWSTAT, & TOOSON, LLP. 13 By: 14 /s/ Jeremy Lessem 15 Jeremy I. Lessem 16 Attorney for Plaintiffs 17 18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 09 || DATED: July 13, 2022 21 2) Canby 23 74 || HON. KENLY KTYA KATO United States Distriet/Magistrate Judge 25 26 27 28 16 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ____________________________________________[print or type full name], of 4 ____________________________[print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on ________[date] in the case of Abelina Perez, et al v. 8 County of Riverside, et al., Case No. 5:22-CV-00515-JGB-KK. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and 10 I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint ___________________________ [print 19 or type full name] of _______________________________________ [print or type 20 full address and telephone number] as my California agent for service of process 21 in connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: __________________________________ 25 Printed name: ________________________________________ 26 27 28 Signature:__________________________________ 17 Case No. 5:22-CV-00515-JGB-KK STIPULATED PROTECTIVE ORDER