Caroline Wichman v. City of San Luis Obispo

• Court: District Court, C.D. California
• Decided: August 16, 2022
• Docket: 2:22-cv-03156
• Status: Unknown

Opinion

Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 1 of 17 Page ID #:247

1 Douglas C. Smith, Esq. (State Bar No.160013) dsmith@smitlaw.com 2 SMITH LAW OFFICES, LLP 4001 Eleventh Street 3 Riverside, California 92501 Telephone: (951) 509-1355 4 Facsimile: (951) 509-1356 5 Attorney for Defendants COUNTY OF SAN LUIS OBISPO and IAN PARKINSON 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 Caroline Wichman, individually and as ) CASE NO.: 2:22-cv-03156-DMG successor in interest to Edward Zamora ) (RAOx) 12 Giron II, deceased, ) ) JOINT STIPULATION FOR 13 Plaintiff, ) ENTRY OF PROTECTIVE ) ORDER GOVERNING 14 vs. ) PRODUCTION OF ) “CONFIDENTIAL 15 CITY OF SAN LUIS OBISPO, a ) INFORMATION” municipal entity; COUNTY OF SAN ) 16 LUIS OBISPO, a municipal entity; ) BRYAN AMOROSO, an individual; ) 17 STEVE OROZCO, an individual; IAN ) PARKINSON, an individual; RICK ) 18 SCOTT; and DOES 1-25, inclusive, ) ) 19 Defendants. ) Complaint filed 5/9/22 ________________________________ ) First Amended Complaint 7/23/22 20 21 I. 22 PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 enter the following Stipulated Protective Order. The parties acknowledge that this 28 Order does not confer blanket protections on all disclosures or responses to C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content1O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 2 of 17 Page ID #:248

1 discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment 3 under the applicable legal principles. The parties further acknowledge, as set forth 4 in Section XIII(C), below, that this Stipulated Protective Order does not entitle 5 them to file confidential information under seal; Civil Local Rule 79-5 sets forth 6 the procedures that must be followed and the standards that will be applied when a 7 party seeks permission from the Court to file material under seal. 8 II. 9 GOOD CAUSE STATEMENT 10 This action is likely to involve confidential information derived from 11 personnel records, investigatory documents, and other materials subject to privacy 12 protections for which special protection from public disclosure and from use for 13 any purpose other than prosecution of this action is warranted. Limiting disclosure 14 of these documents to the context of this litigation as provided herein will, 15 accordingly, further important law enforcement objectives and interests, including 16 the safety of personnel and the public, as well as individual privacy rights of 17 plaintiff, the individual defendants, and third parties. Accordingly, to expedite the 18 flow of information, to facilitate the prompt resolution of disputes over 19 confidentiality of discovery materials, to adequately protect information the parties 20 are entitled to keep confidential, to ensure that the parties are permitted reasonable 21 necessary uses of such material in preparation for and in the conduct of trial, to 22 address their handling at the end of the litigation, and serve the ends of justice, a 23 protective order for such information is justified in this matter. It is the intent of the 24 parties that information will not be designated as confidential for tactical reasons 25 and that nothing be so designated without a good faith belief that it has been 26 maintained in a confidential, non-public manner, and there is good cause why it 27 should not be part of the public record of this case. 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content2O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 3 of 17 Page ID #:249

1 III. 2 ACKNOWLEDGMENT OF PROCEDURE 3 FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 14.3, below, that this 5 Order does not entitle them to file confidential information under seal; Local Civil 6 Rule 79-5 sets forth the procedures that must be followed and the standards that 7 will be applied when a party seeks permission from the court to file material under 8 seal. There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive motions, 10 good cause must be shown to support a filing under seal. See Kamakana v. City 11 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 12 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 13 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 14 orders require good cause showing), and a specific showing of good cause or 15 compelling reasons with proper evidentiary support and legal justification, must be 16 made with respect to material that a party seeks to file under seal. The parties’ 17 mere designation of material as “CONFIDENTIAL” does not— without the 18 submission of competent evidence by declaration, establishing that the material 19 sought to be filed under seal qualifies as confidential, privileged, or otherwise 20 protectable— constitute good cause. Further, if a party requests sealing related to 21 dispositive motion or trial, then compelling reasons, not only good cause, for the 22 sealing must be shown, and the relief sought shall be narrowly tailored to serve the 23 specific interest to be protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 24 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or 25 thing sought to be filed or introduced under seal in connection with a dispositive 26 motion or trial, the party seeking protection must articulate compelling reasons, 27 supported by specific facts and legal justification, for the requested sealing order. 28 Again, competent evidence supporting the application to file documents under seal C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content3O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 4 of 17 Page ID #:250

1 must be provided by declaration. Any document that is not confidential, privileged, 2 or otherwise protectable in its entirety will not be filed under seal if the 3 confidential portions can be redacted. If documents can be redacted, then a 4 redacted version for public viewing, omitting only the confidential, privileged, or 5 otherwise protectable portions of the document, shall be filed. Any application that 6 seeks to file documents under seal in their entirety should include an explanation of 7 why redaction is not feasible. 8 IV. 9 DEFINITIONS 10 A. Action 11 Caroline Wichman, individually and as successor in interest to Edward 12 Zamora Giron II, deceased v. CITY OF SAN LUIS OBISPO, a municipal entity; 13 COUNTY OF SAN LUIS OBISPO, a municipal entity; BRYAN AMOROSO, an 14 individual; STEVE OROZCO, an individual; IAN PARKINSON, an individual; 15 RICK SCOTT; and DOES 1-25, inclusive, United States District Court Case No. 16 2:22-cv-03156-DMG (RAOx). 17 B. Challenging Party 18 A Party or Non-Party that challenges the designation of information or items 19 under this Order. 20 C. “CONFIDENTIAL” Information or Items 21 Information (regardless of how it is generated, stored or maintained) or 22 tangible things that qualify for protection under Federal Rule of Civil Procedure, 23 Rule 26(c), and as specified above in the Good Cause Statement. 24 D. Counsel 25 Outside Counsel of Record and House Counsel (as well as their support 26 staff). 27 /// 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content4O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 5 of 17 Page ID #:251

1 E. Designating Party 2 A Party or Non-Party that designates information or items that it produces in 3 disclosures or in responses to discovery as “CONFIDENTIAL.” 4 F. Disclosure or Discovery Material 5 All items or information, regardless of the medium or manner in which it is 6 generated, stored, or maintained (including, among other things, testimony, 7 transcripts, and tangible things), that are produced or generated in disclosures or 8 responses to discovery in this matter. 9 G. Expert 10 A person with specialized knowledge or experience in a matter pertinent to 11 the litigation who has been retained by a Party or its counsel to serve as an expert 12 witness or as a consultant in this Action. 13 H. House Counsel 14 Attorneys who are employees of a party to this Action. House Counsel does 15 not include Outside Counsel of Record or any other outside counsel. 16 I. Non-Party 17 Any natural person, partnership, corporation, association, or other legal 18 entity not named as a Party to this action. 19 J. Outside Counsel of Record 20 Attorneys who are not employees of a party to this Action but are retained 21 to represent or advise a party to this Action and have appeared in this Action on 22 behalf of that party or are affiliated with a law firm which has appeared on behalf 23 of that party, and includes support staff. 24 K. Party 25 Any party to this Action, including all of its officers, directors, employees, 26 consultants, retained experts, and Outside Counsel of Record (and their support 27 staffs). 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content5O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 6 of 17 Page ID #:252

1 L. Producing Party 2 A Party or Non-Party that produces Disclosure or Discovery Material in this 3 Action. 4 M. Professional Vendors 5 Persons or entities that provide litigation support services (e.g., 6 photocopying, videotaping, translating, preparing exhibits or demonstrations, and 7 organizing, storing, or retrieving data in any form or medium) and their employees 8 and subcontractors. 9 N. Protected Material 10 Any Disclosure or Discovery Material that is designated as 11 “CONFIDENTIAL.” 12 O. Receiving Party 13 A Party that receives Disclosure or Discovery Material from a Producing 14 Party. 15 IV. 16 SCOPE 17 A. The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations by Parties or their Counsel that might reveal Protected Material. 22 B. Any use of Protected Material at trial shall be governed by the orders of the 23 trial judge. This Order does not govern the use of Protected Material at trial. 24 V. 25 DURATION 26 A. Even after final disposition of this litigation, the confidentiality obligations 27 imposed by this Order shall remain in effect until a Designating Party agrees 28 otherwise in writing or a court order otherwise directs. Final disposition shall be C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten6O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 7 of 17 Page ID #:253

1 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 2 with or without prejudice; and (2) final judgment herein after the completion and 3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 4 including the time limits for filing any motions or applications for extension of 5 time pursuant to applicable law. 6 VI. 7 DESIGNATING PROTECTED MATERIAL 8 A. Exercise of Restraint and Care in Designating Material for Protection 9 1. Each Party or Non-Party that designates information or items for 10 protection under this Order must take care to limit any such designation to specific 11 material that qualifies under the appropriate standards. The Designating Party must 12 designate for protection only those parts of material, documents, items, or oral or 13 written communications that qualify so that other portions of the material, 14 documents, items, or communications for which protection is not warranted are not 15 swept unjustifiably within the ambit of this Order. 16 2. Mass, indiscriminate, or routinized designations are prohibited. 17 Designations that are shown to be clearly unjustified or that have been made for an 18 improper purpose (e.g., to unnecessarily encumber the case development process 19 or to impose unnecessary expenses and burdens on other parties) may expose the 20 Designating Party to sanctions. 21 3. If it comes to a Designating Party’s attention that information or items 22 that it designated for protection do not qualify for protection, that Designating 23 Party must promptly notify all other Parties that it is withdrawing the inapplicable 24 designation. 25 B. Manner and Timing of Designations 26 1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b) 27 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material 28 that qualifies for protection under this Order must be clearly so designated before C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content7O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 8 of 17 Page ID #:254

1 the material is disclosed or produced. 2 2. Designation in conformity with this Order requires the following: 3 a. For information in documentary form (e.g., paper or 4 electronic documents, but excluding transcripts of depositions or other pretrial or 5 trial proceedings), that the Producing Party affix at a minimum, the legend 6 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 7 contains protected material. If only a portion or portions of the material on a page 8 qualifies for protection, the Producing Party also must clearly identify the 9 protected portion(s) (e.g., by making appropriate markings in the margins). 10 b. A Party or Non-Party that makes original documents available 11 for inspection need not designate them for protection until after the inspecting 12 Party has indicated which documents it would like copied and produced. During 13 the inspection and before the designation, all of the material made available for 14 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 15 identified the documents it wants copied and produced, the Producing Party must 16 determine which documents, or portions thereof, qualify for protection under this 17 Order. Then, before producing the specified documents, the Producing Party must 18 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 19 If only a portion or portions of the material on a page qualifies for protection, the 20 Producing Party also must clearly identify the protected portion(s) (e.g., by making 21 appropriate markings in the margins). 22 c. For testimony given in depositions, that the Designating Party 23 identify the Disclosure or Discovery Material on the record, before the close of the 24 deposition all protected testimony. 25 d. For information produced in form other than document and for 26 any other tangible items, that the Producing Party affix in a prominent place on the 27 exterior of the container or containers in which the information is stored the legend 28 “CONFIDENTIAL.” If only a portion or portions of the information warrants C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content8O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 9 of 17 Page ID #:255

1 protection, the Producing Party, to the extent practicable, shall identify the 2 protected portion(s). 3 C. Inadvertent Failure to Designate 4 1. If timely corrected, an inadvertent failure to designate qualified 5 information or items does not, standing alone, waive the Designating Party’s right 6 to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the 8 material is treated in accordance with the provisions of this Order. 9 VII. 10 CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 A. Timing of Challenges 12 1. Any party or Non-Party may challenge a designation of 13 confidentiality at any time that is consistent with the Court’s Scheduling Order. 14 B. Meet and Confer 15 1. The Challenging Party shall initiate the dispute resolution process 16 under Local Rule 37.1 et seq. 17 C. The Burden of Persuasion in Any Such Challenge Proceeding Shall Be on 18 the Designating Party 19 1. Frivolous challenges, and those made for an improper purpose (e.g., 20 to harass or impose unnecessary expenses and burdens on other parties) may 21 expose the Challenging Party to sanctions. Unless the Designating Party has 22 waived or withdrawn the confidentiality designation, all parties shall continue to 23 afford the material in question the level of protection to which it is entitled under 24 the Producing Party’s designation until the Court rules on the challenge. 25 /// 26 /// 27 /// 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Content9O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 10 of 17 Page ID #:256

1 VIII. 2 ACCESS TO AND USE OF PROTECTED MATERIAL 3 A. Basic Principles 4 1. A Receiving Party may use Protected Material that is disclosed 5 or produced by another Party or by a Non-Party in connection with this Action 6 only for prosecuting, defending, or attempting to settle this Action. Such Protected 7 Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a 9 Receiving Party must comply with the provisions of Section XIV below. 10 2. Protected Material must be stored and maintained by a Receiving 11 Party at a location and in a secure manner that ensures that access is limited to the 12 persons authorized under this Order. 13 B. Disclosure of “CONFIDENTIAL” Information or Items 14 1. Unless otherwise ordered by the Court or permitted in writing by the 15 Designating Party, a Receiving Party may disclose any information or item 16 designated “CONFIDENTIAL” only to: 17 a. The Receiving Party’s Outside Counsel of Record in this 18 Action, as well as employees of said Outside Counsel of Record to whom it is 19 reasonably necessary to disclose the information for this Action; 20 b. The officers, directors, and employees (including House 21 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 22 this Action; 23 c. Experts (as defined in this Order) of the Receiving Party to 24 whom disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 d. The Court and its personnel; 27 e. Court reporters and their staff; 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten10O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 11 of 17 Page ID #:257

1 f. Professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary or this Action 3 and who have signed the “Acknowledgment and Agreement to be Bound” attached 4 as Exhibit A hereto; 5 g. The author or recipient of a document containing the 6 information or a custodian or other person who otherwise possessed or knew the 7 information; 8 h. During their depositions, witnesses, and attorneys for witnesses, 9 in the Action to whom disclosure is reasonably necessary provided: (i) the 10 deposing party requests that the witness sign the “Acknowledgment and 11 Agreement to Be Bound;” and (ii) they will not be permitted to keep any 12 confidential information unless they sign the “Acknowledgment and Agreement to 13 Be Bound,” unless otherwise agreed by the Designating Party or ordered by the 14 Court. Pages of transcribed deposition testimony or exhibits to depositions that 15 reveal Protected Material may be separately bound by the court reporter and may 16 not be disclosed to anyone except as permitted under this Stipulated Protective 17 Order; and 18 i. Any mediator or settlement officer, and their supporting 19 personnel, mutually agreed upon by any of the parties engaged in settlement 20 discussions. 21 IX. 22 PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 24 A. If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL,” that Party must: 27 /// 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten1t1O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 12 of 17 Page ID #:258

1 1. Promptly notify in writing the Designating Party. Such notification 2 shall include a copy of the subpoena or court order; 3 2. Promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall 6 include a copy of this Stipulated Protective Order; and 7 3. Cooperate with respect to all reasonable procedures sought to be 8 pursued by the Designating Party whose Protected Material may be affected. 9 B. If the Designating Party timely seeks a protective order, the Party served 10 with the subpoena or court order shall not produce any information designated in 11 this action as “CONFIDENTIAL” before a determination by the Court from which 12 the subpoena or order issued, unless the Party has obtained the Designating Party’s 13 permission. The Designating Party shall bear the burden and expense of seeking 14 protection in that court of its confidential material and nothing in these provisions 15 should be construed as authorizing or encouraging a Receiving Party in this Action 16 to disobey a lawful directive from another court. 17 X. 18 A NON-PARTY’S PROTECTED MATERIAL SOUGHT 19 TO BE PRODUCED IN THIS LITIGATION 20 A. The terms of this Order are applicable to information produced by a Non- 21 Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as prohibiting a Non-Party from seeking additional protections. 25 B. In the event that a Party is required, by a valid discovery request, to produce 26 a Non-Party’s confidential information in its possession, and the Party is subject to 27 an agreement with the Non-Party not to produce the Non-Party’s confidential 28 information, then the Party shall: C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten1t2O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 13 of 17 Page ID #:259

1 1. Promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 2. Promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 3. Make the information requested available for inspection by the Non- 8 Party, if requested. 9 C. If the Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 XI. 18 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 20 disclosed Protected Material to any person or in any circumstance not authorized 21 under this Stipulated Protective Order, the Receiving Party must immediately (1) 22 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 23 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 24 the person or persons to whom unauthorized disclosures were made of all the terms 25 of this Order, and (4) request such person or persons to execute the 26 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit 27 A. 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten1t3O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 14 of 17 Page ID #:260

1 XII. 2 INADVERTENT PRODUCTION OF PRIVILEGED 3 OR OTHERWISE PROTECTED MATERIAL 4 A. When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other 6 protection, the obligations of the Receiving Parties are those set forth in Federal 7 Rule of Civil Procedure, Rule 26(b)(5)(B). This provision is not intended to 8 modify whatever procedure may be established in an e-discovery order that 9 provides for production without prior privilege review. Pursuant to Federal Rule of 10 Evidence, Rules 502(d) and (e), insofar as the parties reach an agreement on the 11 effect of disclosure of a communication or information covered by the attorney- 12 client privilege or work product protection, the parties may incorporate their 13 agreement in the Stipulated Protective Order submitted to the Court. 14 XIII. 15 MISCELLANEOUS 16 A. Right to Further Relief 17 1. Nothing in this Order abridges the right of any person to seek its 18 modification by the Court in the future. 19 B. Right to Assert Other Objections 20 1. By stipulating to the entry of this Protective Order, no Party waives 21 any right it otherwise would have to object to disclosing or producing any 22 information or item on any ground not addressed in this Stipulated Protective 23 Order. Similarly, no Party waives any right to object on any ground to use in 24 evidence of any of the material covered by this Protective Order. 25 C. Filing Protected Material 26 1. A Party that seeks to file under seal any Protected Material must 27 comply with Civil Local Rule 79-5. Protected Material may only be filed under 28 seal pursuant to a court order authorizing the sealing of the specific Protected C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten1t4O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 15 of 17 Page ID #:261

1 Material at issue. If a Party's request to file Protected Material under seal is denied 2 by the Court, then the Receiving Party may file the information in the public record 3 unless otherwise instructed by the Court. 4 XIV. 5 FINAL DISPOSITION 6 A. After the final disposition of this Action, as defined in Section V, within 7 sixty (60) days of a written request by the Designating Party, each Receiving Party 8 must return all Protected Material to the Producing Party or destroy such material. 9 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 compilations, summaries, and any other format reproducing or capturing any of the 11 Protected Material. Whether the Protected Material is returned or destroyed, the 12 Receiving Party must submit a written certification to the Producing Party (and, if 13 not the same person or entity, to the Designating Party) by the 60 day deadline that 14 (1) identifies (by category, where appropriate) all the Protected Material that was 15 returned or destroyed and (2) affirms that the Receiving Party has not retained any 16 copies, abstracts, compilations, summaries or any other format reproducing or 17 capturing any of the Protected Material. Notwithstanding this provision, Counsel 18 are entitled to retain an archival copy of all pleadings, motion papers, trial, 19 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 20 and trial exhibits, expert reports, attorney work product, and consultant and expert 21 work product, even if such materials contain Protected Material. Any such archival 22 copies that contain or constitute Protected Material remain subject to this 23 Protective Order as set forth in Section V. 24 B. Any violation of this Order may be punished by any and all appropriate 25 measures including, without limitation, contempt proceedings and/or monetary 26 sanctions. 27 /// 28 /// C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten1t5O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION” Case □□□□□□□□□□□□□□□□□□□□□□ Document 42 Filed 08/16/22 Page160f17 Page ID#:262

1 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 | Dated: August 11, 2022 SMITH LAW OFFICES, LLP By:_Zs /Douglas C. Smith 5 Douglas C. Smith Attorney for Defendants 6 COUNTY OF SAN LUIS OBISPO and IAN PARKINSON 8 || Dated: August 12, 2022 LAW OFFICES OF DAVID KAUFMAN, APC 9 By: David A. Kaufman 10 Attorney for Plaintiff □ CAROLINE WICHMAN, individually 11 and as successor in interest to Edward D Zamora Giron II, deceased

13 | Dated: August 11, 2022 ADAMSKI MOROSKI MADDEN CUMBERLAND & GREEN LLP 14 15 By:___/s/Joshua M. George Joshua M. George 16 Attorney for Defendant CITY OF SAN LUIS OBISPO 17 ig FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19 Rayetla a. OC Dated: August 16, 2022 20 HON. ROZELLA A. OLIVER 21 United States Magistrate Judge 22 23 24 25 26 27 28 CAUsers\DonnamarieLuengo\A ppData\Local\Microsoft\W □□□□□□□□□□□□□□□□□□□□□□□ 60utlook\ A6S6ZNCR\p-stip02( protect order wpd JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION”

Case 2:22-cv-03156-DMG-RAO Document 42 Filed 08/16/22 Page 17 of 17 Page ID #:263

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 penalty 5 of perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issue by the United States District Court for the Central District of 7 California on [DATE] in the case of [insert formal 8 name of the case and the number and initials assigned to it by the Court]. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order 10 and 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 16 Court for the Central District of California for the purpose of enforcing the terms 17 of this Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint 19 [print or type full name] of ______________________________ [print or type full 20 address and telephone number] as my California agent for service of process in 21 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 Signature: __________________________________________ 27 28 C:\Users\DonnamarieLuengo\AppData\Local\Microsoft\Windows\INetCache\Conten1t7O u t l o o k \ A 6 S 6 Z N C R \ p - s t i p 0 2 ( p r o t e c t o r d e r ) w p d JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER GOVERNING PRODUCTION OF “CONFIDENTIAL INFORMATION”