Alejandre v. County of San Joaquin

Opinion

1 || Gregory B. Thomas (SBN 239870) E-mail: gthomas@bwslaw.com 2 || Michael A. Slater (SBN 318899) E-mail: mslater@bwslaw.com 3 || BURKE, WILLIAMS & SORENSEN, LLP 1901 Harrison Street, Suite 900 4 || Oakland, CA 94612-3501 Tel: 510.273.8780 Fax: 510.839.9104 5 Attorneys for Defendant 6 || COUNTY OF SAN JOAQUIN 4 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 || CINDY M. ALEJANDRE; and DAVID Case No. 2:19-cv-00233-WBS-KJN GONZALEZ II as Co-Successors-in-Interest 12 | to Decedent David Gonzalez III, STIPULATED PROTECTIVE ORDER 13 4 Plaintiffs, 15 | COUNTY OF SAN JOAQUIN, a 16 municipal corporation; and DOES 1-50, inclusive, individually and in their official 17 capacity as Sheriff's Deputies for the San 18 Joaquin County Sheriff's Department, 19 Defendants. 20 21 | 1. PURPOSES AND LIMITATIONS 22 Disclosure and discovery activity in this action are likely to involve production of 23 || confidential, proprietary, or private information for which special protection from public 24 || disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 25 || Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 26 || Protective Order. The parties acknowledge that this Order does not confer blanket protections on 27 || all disclosures or responses to discovery and that the protection it affords from public disclosure 28 || and use extends only to the limited information or items that are entitled to confidential treatment E, WILLIAMS & STIPULATED PROTECTIVE ORDER LLP OAK #4848-2304-5545 v1 -1- CASE NO □□□□□□□□□□□□□□□□□□□□□□

1 || under the applicable legal principles. The parties further acknowledge, as set forth below, that 2 || this Stipulation and Order creates no entitlement to file confidential information under seal; and 3 || that Eastern District Local Rule 141 sets forth the procedures that must be followed and reflects 4 || the standards that will be applied when a party seeks permission from the court to file material 5 || under seal. 6 || 2. DEFINITIONS 7 2.1 Party: any party to this action, including all of its officers, directors, employees, 8 || consultants, retained experts, house counsel and outside counsel (and their support staff). 9 2.2 Disclosure or Discovery Material: all items or information, regardless of the 10 || medium or manner generated, stored or maintained (including, among other things, testimony, 11 || transcripts, or tangible things) that are produced or generated in disclosures or responses to 12 || discovery by any Party in this matter. 13 2.3 Confidential Information or Items: information (regardless of the medium or 14 || how generated, stored, or maintained) or tangible things that qualify for protection under 15 || standards developed under Federal Rule of Civil Procedure 26(c) and/or applicable federal 16 || privileges. This material includes, but is not limited to, medical and psychotherapeutic records; 17 || as well as peace officer personnel records as defined by California Penal Code sections 832.8, 18 || 832.5, 832.7 and the associated case law; and other similar confidential records designated as 19 || such. 20 2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a 21 || Producing Party, including a Party that has noticed or subpoenaed and is taking a deposition or 22 || comparable testimony. 23 2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery 24 || Material in this action, including a Party that is defending a deposition noticed or subpoenaed by 25 || another Party; additionally, for the limited purpose of designating testimony subject to this 26 || Stipulation and Order pursuant to section 6.2(b) (infra), a “Producing Party” shall also be 27 || construed to include a Party that is attending and/or participating in a non-party deposition 28 || noticed/subpoenaed by another Party. E, WILLIAMS & Onc aguante 2. STIPULATED PROTECTIVE ORDER

1 2.6 Designating Party: a Party or non-party that designates information or items that 2 || it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 2.7 Protected Material: any Disclosure or Discovery Material that is designated as 4 || “CONFIDENTIAL” under the provisions of this Stipulation and Protective Order. (The term 5 || “Confidential Document” shall be synonymous with the term “Protected Material” for the 6 || purposes of this Stipulation and Protective Order.) 7 2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained 8 || to represent or advise a Party in this action (as well as their support staffs). 9 2.9 House Counsel: attorneys who are employees of a Party (as well as their support 10 || staffs). ll 2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as 12 || their support staffs). 13 2.11. Expert: a person with specialized knowledge or experience in a matter pertinent to 14 || the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 15 || consultant in this action and who is not a past or a current employee of a Party and who, at the 16 || time of retention, is not anticipated to become an employee of a Party or a competitor of a 17 || Party’s; as well as any person retained, designated, or disclosed by a Party as an expert pursuant 18 || to Federal Rule of Civil Procedure 26(a)(2). 19 2.12 Professional Vendors: persons or entities that provide litigation support services 20 || (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 21 || storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 22 || 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected 24 || Material/Confidential Documents (as defined above), but also: (1) any information copied or 25 || extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of 26 || Protected Material; and (3) any testimony, conversations, or presentations by Parties or their 27 || Counsel that might reveal Protected Material. However, the protections conferred by this 28 || Stipulation and Order do not cover the following information: (a) any information that is in the Onc aguante 3. STIPULATED PROTECTIVE ORDER

1 || public domain at the time of disclosure to a Receiving Party or becomes part of the public domain 2 || after its disclosure to a Receiving Party as a result of publication not involving a violation of this 3 || Order, including becoming part of the public record through trial or otherwise; and (b) any 4 || information known to the Receiving Party prior to the disclosure or obtained by the Receiving 5 || Party after the disclosure from a source who obtained the information lawfully and under no 6 || obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall 7 || not be governed by this Order, and may be governed by a separate agreement or order. 8 || 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations imposed by 10 || this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 11 || order otherwise directs. Final disposition shall be deemed to be the later of: 12 (1) dismissal of all claims and defenses in this action, with or without prejudice; and 13 (2) final judgment herein after the completion and exhaustion of all appeals, 14 || rehearings, remands, trials, or reviews of this action, including the time limits for filing any 15 || motions or applications for extension of time pursuant to applicable law. 16 |] 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 18 || Party or non-party that designates information or items for protection under this Order must take 19 || care to limit any such designation to specific material that qualifies under the appropriate 20 || standards. A Designating Party must take care to designate for protection only those parts of 21 || material, documents, items, or oral or written communications that qualify — so that other portions 22 || of the material, documents, items or communications for which protection is not warranted are 23 || not swept unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routine designations are prohibited. Designations that are shown 25 || to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily 26 || encumber or retard the case development process, or to impose unnecessary expenses and 27 || burdens on other parties), expose the Designating Party to sanctions. If it comes to a Party’s or a 28 || non-party’s attention that information or items that it designated for protection do not qualify for E, WILLIAMS & Onc aguante 4 STIPULATED PROTECTIVE ORDER

1 || protection at all, or do not qualify for the level of protection initially asserted, that Party or non- 2 || party must promptly notify all other parties that it is withdrawing the mistaken designation. 3 5.2. Manner and Timing of Designations. Except as otherwise provided in this 4 || Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order 5 || must be clearly so designated before the material is disclosed or produced. Designation in 6 || conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 || documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 9 || Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected 10 || material. If only a portion or portions of the material on a page qualifies for protection, the 11 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 || markings in the margins). 13 A Party or Non-Party that makes original documents or materials available for 14 || inspection need not designate them for protection until after the inspecting Party has indicated 15 || which material it would like copied and produced. During the inspection and before the 16 || designation, all of the material made available for inspection shall be deemed 17 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 18 || produced, the Producing Party must determine which documents, or portions thereof, qualify for 19 || protection under this Order. Then, before producing the specified documents, the Producing 20 || Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If 21 || only a portion or portions of the material on a page qualifies for protection, the Producing Party 22 || also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 23 || margins). 24 (b) for testimony given in deposition or in other pretrial or trial 25 || proceedings, that the Party or non-party offering or sponsoring the testimony identify on the 26 || record, before the close of the deposition, hearing, or other proceeding, all protected testimony, 27 || and further specify any portions of the testimony that qualify as “CONFIDENTIAL.” When it is 28 || impractical to identify separately each portion of testimony that is entitled to protection, and when Onc aguante 5. STIPULATED PROTECTIVE ORDER

1 || it appears that substantial portions of the testimony may qualify for protection, the Producing 2 || Party may invoke on the record (before the deposition or proceeding is concluded) a right to have 3 || up to twenty (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.” 4 || Only those portions of the testimony that are appropriately designated as “CONFIDENTIAL” for 5 || protection within the 20 days shall be covered by the provisions of this Stipulation and Protective 6 || Order. Transcript pages containing Protected Material must be separately bound by the court 7 || reporter, who must affix to each such page the legend “CONFIDENTIAL,” as instructed by the 8 || Producing Party. 9 (c) for information produced in some form other than documentary and 10 || for any other tangible items (including but not limited to information produced on disc or 11 || electronic data storage device), that the Producing Party affix in a prominent place on the 12 || exterior of the container or containers in which the information or item is stored the legend 13 || “CONFIDENTIAL.” If only portions of the information or item warrant protection, the 14 || Producing Party, to the extent practicable, shall identify the protected portions, specifying the 15 || material as “CONFIDENTIAL.” 16 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, though not 17 || necessarily, within 30 days of production or disclosure of such material), an inadvertent failure to 18 || designate qualified information or items as “CONFIDENTIAL” does not, standing alone, waive 19 || the Designating Party’s right to secure protection under this Order for such material. If material 20 || is appropriately designated as “CONFIDENTIAL” after the material was initially produced, the 21 || Receiving Party, on timely notification of the designation, must make reasonable efforts to assure 22 || that the material is treated in accordance with this Order. 23 5.4 Alteration of Confidentiality Stamp. A Receiving Party shall not alter, edit, or 24 || modify any Protected Material so as to conceal, obscure, or remove a “CONFIDENTIAL” stamp 25 || or legend thereon; nor shall a Receiving Party take any other action so as to make it appear that 26 || Protected Material is not subject to the terms and provisions of this Stipulation and Order. 27 || However, nothing in this section shall be construed so as to prevent a Receiving Party from 28 || challenging a confidentiality designation subject to the provisions of section 6, infra. aa qasaennessasa 6. STIPULATED PROTECTIVE ORDER

1 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 3 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 4 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 5 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 6 || challenge a confidentiality designation by electing not to mount a challenge promptly after the 7 || original designation is disclosed. 8 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution 9 || process by providing written notice of each designation it is challenging and describing the basis 10 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 11 || notice must recite that the challenge to confidentiality is being made in accordance with this 12 || specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 13 || good faith and must begin the process by conferring directly (in voice to voice dialogue; other 14 || forms of communication are not sufficient) within 14 days of the date of service of notice. In 15 || conferring, the Challenging Party must explain the basis for its belief that the confidentiality 16 || designation was not proper and must give the Designating Party an opportunity to review the 17 || designated material, to reconsider the circumstances, and, if no change in designation is offered, 18 || to explain the basis for the chosen designation. A Challenging Party may proceed to the next 19 || stage of the challenge process only if it has engaged in this meet and confer process first or 20 || establishes that the Designating Party is unwilling to participate in the meet and confer process in 21 || atimely manner. 22 6.3 Judicial Intervention. 23 If the Parties cannot resolve a challenge without court intervention, the Challenging Party 24 || shall file and serve a motion to remove confidentiality under Eastern District Local Rule 230 and 25 || 251 (and in compliance with Eastern District Local Rules 141 and 141.1, if applicable) within 14 26 || days of the parties agreeing that the meet and confer process will not resolve their dispute, or by 27 || the first day of trial of this matter, whichever date is earlier, unless the parties agree in writing to a 28 || longer time. Each such motion must be accompanied by a competent declaration affirming that Onc aguante 7. STIPULATED PROTECTIVE ORDER

1 || the movant has complied with the meet and confer requirements imposed in the preceding 2 || paragraph. In addition, the Challenging Party may file a motion challenging a confidentiality 3 || designation at any time if there is good cause for doing so, including a challenge to the 4 || designation of a deposition transcript or any portions thereof. Any motion brought pursuant to 5 || this provision must be accompanied by a competent declaration affirming that the movant has 6 || complied with the meet and confer requirements imposed by the preceding paragraph. 7 The burden of persuasion in any such challenge proceeding shall be on the Designating 8 || Party, regardless of whether the Designating Party is the moving party or whether such Party 9 || sought or opposes judicial intervention. Frivolous challenges, and those made for an improper 10 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 11 || expose the Challenging Party to sanctions. Unless the Designating Party has waived the 12 || confidentiality designation by failing to oppose a motion to remove confidentiality as described 13 || above, all parties shall continue to afford the material in question the level of protection to which 14 || itis entitled under the Producing Party’s designation until the court rules on the challenge. 15 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 16 || Designating Party may remove Protected Material/Confidential Documents from some or all of 17 || the protections and provisions of this Stipulation and Order at any time by any of the following 18 || methods: 19 (a) Express Written Withdrawal. A Designating Party may withdraw a 20 || “CONFIDENTIAL” designation made to any specified Protected Material/Confidential 21 || Documents from some or all of the protections of this Stipulation and Order by an express 22 || withdrawal in a writing signed by such Party (or such Party’s Counsel, but not including staff of 23 || such Counsel) that specifies and itemizes the Disclosure or Discovery Material previously 24 || designated as Protected Material/Confidential Documents that shall no longer be subject to all or 25 || some of the provisions of this Stipulation and Order. Such express withdrawal shall be effective 26 || when transmitted or served upon the Receiving Party. If a Designating Party is withdrawing 27 || Protected Material from only some of the provisions/protections of this Stipulation and Order, 28 || such Party must state which specific provisions are no longer to be enforced as to the specified E, WILLIAMS & Onc aguante 8. STIPULATED PROTECTIVE ORDER

1 || material for which confidentiality protection hereunder is withdrawn: otherwise, such withdrawal 2 || shall be construed as a withdrawal of such material from all of the protections/provisions of this 3 || Stipulation and Order; 4 (b) Express Withdrawal on the Record. A Designating Party may withdraw 5 || a “CONFIDENTIAL” designation made to any specified Protected Material/Confidential 6 || Documents from all of the provisions/protections of this Stipulation and Order by verbally 7 || consenting in court proceedings on the record to such withdrawal — provided that such withdrawal 8 || specifies the Disclosure or Discovery Material previously designated as _ Protected 9 || Material/Confidential Documents that shall no longer be subject to any of the provisions of this 10 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected Material from 11 || only some of the protections/provisions of this Stipulation and Order by this method; 12 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. 13 || A Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” designation 14 || made to any specified Protected Material/Confidential Documents from all of the 15 || provisions/protections of this Stipulation and Order by either (1) making such Protected 16 || Material/Confidential Records part of the public record — including but not limited to attaching 17 || such as exhibits to any filing with the court without moving, prior to such filing, for the court to 18 |} seal such records; or (2) failing to timely oppose a Challenging Party’s motion to remove a 19 |} “CONFIDENTIAL” designation to specified Protected Material/Confidential Documents. 20 || Nothing in this Stipulation and Order shall be construed so as to require any Party to file 21 || Protected Material/Confidential Documents under seal, unless expressly specified herein. 22 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 24 || or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 25 || defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 26 || to the categories of persons and under the conditions described in this Order. When the litigation 27 || has been terminated, a Receiving Party must comply with the provisions of section 13 below 28 || CFINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party E, WILLIAMS & Onc aguante 9. STIPULATED PROTECTIVE ORDER

1 || at a location and in a secure manner that ensures that access is limited to the persons authorized 2 || under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 4 || ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 5 || disclose any information or item designated “CONFIDENTIAL” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 7 || employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 8 || information for this litigation and who have signed the “Acknowledgment and Agreement to Be 9 || Bound” that is attached hereto as Exhibit A; 10 (b) the officers, directors, and employees (including House Counsel) of the 11 || Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 12 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 || disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 15 || and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff, professional jury or trial consultants, mock 18 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation 19 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (f) during their depositions, witnesses in the action to whom disclosure is 21 || reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 22 || (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 23 || transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 24 || separately bound by the court reporter and may not be disclosed to anyone except as permitted 25 || under this Stipulated Protective Order; and/or 26 (g) the author or recipient of a document containing the information or a 27 || custodian or other person who otherwise possessed or knew the information. 28 || /// E, WILLIAMS & Onc aguante 10- STIPULATED PROTECTIVE ORDER

1 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that compels 4 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 5 || must: 6 (a) promptly notify in writing the Designating Party. Such notification shall include a 7 || copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue in 9 || the other litigation that some or all of the material covered by the subpoena or order is subject to 10 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 11 || and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 13 || Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 || subpoena or court order shall not produce any information designated in this action as 16 || “CONFIDENTIAL” before a determination by the court from which the subpoena or order 17 || issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 18 || shall bear the burden and expense of seeking protection in that court of its confidential material — 19 || and nothing in these provisions should be construed as authorizing or encouraging a Receiving 20 || Party in this action to disobey a lawful directive from another court. 21 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 22 THIS LITIGATION 23 (a) The terms of this Order are applicable to information produced by a Non-Party in 24 || this action and designated as “CONFIDENTIAL.” Such information produced by Non-Patties in 25 || connection with this litigation is protected by the remedies and relief provided by this Order. 26 || Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 27 || additional protections. 28 (b) In the event that a Party is required, by a valid discovery request, to produce a E, WILLIAMS & Onc aguante “- STIPULATED PROTECTIVE ORDER

1 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement 2 || with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non- Party that 4 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 Protective 7 Order in this litigation, the relevant discovery request(s), and a reasonably specific 8 description of the information requested; and 9 (3) make the information requested available for inspection by the Non-Party. 10 (c) If the Non-Party fails to object or seek a protective order from this court within 14 11 || days of receiving the notice and accompanying information, the Receiving Party may produce the 12 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 13 || seeks a protective order, the Receiving Party shall not produce any information in its possession 14 || or control that is subject to the confidentiality agreement with the Non-Party before a 15 || determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 16 || burden and expense of seeking protection in this court of its Protected Material. 17 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 19 || Material to any person or in any circumstance not authorized under this Stipulated Protective 20 || Order, the Receiving Party must immediately: (a) notify in writing the Designating Party of the 21 || unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized copies of the 22 || Protected Material; (c) inform the person or persons to whom unauthorized disclosures were 23 || made of all the terms of this Order; and (d) request such person or persons to execute the 24 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 25 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 26 PROTECTED MATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain inadvertently 28 || produced material is subject to a claim of privilege or other protection, the obligations of the Onc aguante “10- STIPULATED PROTECTIVE ORDER

1 || Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 2 || provision is not intended to modify whatever procedure may be established in an e-discovery 3 || order that provides for production without prior privilege review. Pursuant to Federal Rule of 4 || Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 5 || communication or information covered by the attorney-client privilege or work product 6 || protection, the parties may incorporate their agreement in the stipulated protective order 7 || submitted to the court. 8 || 12. PUBLICATION OF PROTECTED MATERIAL 9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 10 || seek its modification by the court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 12 || Order no Party waives any right it otherwise would have to object to disclosing or producing any 13 || information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 14 || no Party waives any right to object on any ground to use in evidence of any of the material 15 || covered by this Protective Order. 16 12.3. Filing of Protected Material. Without advance written permission from the 17 || Designating Party, or a court order secured after appropriate notice to all interested persons, a 18 || Receiving Party may not file in the public record in this action any Protected Material. A Party 19 || that seeks to file under seal any Protected Material must comply with Eastern District Local Rule 20 || 141 and/or 141.1, to the extent applicable. 12.2. Public Dissemination of Protected Material. A 21 || Receiving Party shall not publish, release, post, or disseminate Protected Material to any persons 22 || except those specifically delineated and authorized by this Stipulation and Order; nor shall a 23 || Receiving Party publish, release, leak, post, or disseminate Protected Material/Confidential 24 || Documents to any news media, member of the press, website, or public forum (except as 25 || permitted under section 12.1 regarding filings with the court in this action and under seal). 26 12.4. Public Dissemination of Protected Material. A Receiving Party shall not 27 || publish, release, post, or disseminate Protected Material to any persons except those specifically 28 || delineated and authorized by this Stipulation and Order; nor shall a Receiving Party publish, E, WILLIAMS & Onc aguante “13. STIPULATED PROTECTIVE ORDER

1 || release, leak, post, or disseminate Protected Material/Confidential Documents to any news media, 2 || member of the press, website, or public forum (except as permitted under section 12.1 regarding 3 || filings with the court in this action and under seal). 4 | 13. FINAL DISPOSITION 5 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 6 || Receiving Party must return all Protected Material to the Producing Party or destroy such 7 || material. As used in this subdivision, “all Protected Material” including all copies, abstracts, 8 || compilations, summaries and any other format reproducing or capturing of the Protected Material. 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 || Dated: December 16, 2019 BURKE, WILLIAMS & SORENSEN, LLP 11 By: /s/ Gregory B. Thomas Gregory B. Thomas 12 Michael A. Slater Attorneys for defendants COUNTY OF 13 SAN JOAQUIN 14 15 || Dated: December 16, 2019 THE LAW OFFICES OF JOHN BURRIS 16 By: /s/ Chike Odiwe John Burris 17 Dewitt M. Lacy Chike Odiwe 18 Attorneys for Plaintiffs CINDY M. ALEJANDRE; and DAVID GONZALEZ 19 II as Co-Successors-in-Interest to Decedent David Gonzalez III 20 71 Under Eastern District of California Civil Local Rule 131(e), I attest that I obtained 22 || concurrence in the filing of this document from all of the above signatories. 23 24 || Dated: December 16, 2019 BURKE, WILLIAMS & SORENSEN, LLP 25 By: /s/ Gregory B. Thomas Gregory B. Thomas 26 Michael A. Slater Attorneys for COUNTY OF SAN 27 JOAQUIN 28 E, WILLIAMS & STIPULATED PROTECTIVE ORDER LLP OAK #4848-2304-5545 v1 -14- CASE NO □□□□□□□□□□□□□□□□□□□□□□

1 ORDER 2 The Court has reviewed the parties’ stipulated protective order, and 3 | GRANTS the request subject to the following authorities and exceptions. Under 4 || “duration,” the parties have stipulated to enforcement of the protection “[e]ven after 5 || final disposition of this litigation.” However, the Local Rules clearly indicate that 6 || once this action is closed, “unless otherwise ordered, the Court will not retain 7 || jurisdiction over enforcement of the terms of any protective order filed in that 8 || action.” L.R. 141.1(f). Courts in the district generally do not agree to retain 9 || jurisdiction after closure of the case, and the Court will not do so here. See, e.g., 10 || MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., February 11 |) 03, 2017). 12 Despite this inadequacy, the Court approves the parties’ protective in order to 13 || facilitate the exchange of discovery. Counsel of record should take note of the 14 || above authorities for future proceedings. 15 || Dated: December 17, 2019 Aectl Aharon 17 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 18 alej.233 19 20 21 22 23 24 25 26 27 28 WILLIAMS & aa qasaennessasa 15- STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full □□□□□□ of 4 [print or type full address], declare under penalty of 5 || perjury that I have read in its entirety and understand the Stipulated Protective Order that was 6 || issued by the United States District Court for the Eastern District of California on 7 || [date] in the case of Cindy Alejandre, et al. v. County of San Joaquin, et al., case no. 2:19-CV- 8 || 00233-WBS-KJN. I agree to comply with and to be bound by all the terms of this Stipulated 9 || Protective Order and I understand and acknowledge that failure to so comply could expose me to 10 || sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 11 || any manner any information or item that is subject to this Stipulated Protective Order to any 12 || person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 || Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 || Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint [print or type full name] of 17 [print or type full address and telephone 18 || number] as my California agent for service of process in connection with this action or any 19 || proceedings related to enforcement of this Stipulated Protective Order. 20 21 Date: 22 City and State where sworn and signed: 23 24 Printed name: 25 26 Signature: 27 28 WILLIAMS & Onc aguante 16- STIPULATED PROTECTIVE ORDER