Dana Perkins v. City of Fontana

• Court: District Court, C.D. California
• Decided: November 20, 2023
• Docket: 5:23-cv-01272
• Status: Unknown

Opinion

Rickey Ivie, Esq. (SBN 76864) 1 rivie@imwlaw.com Angela M. Powell, Esq. (SBN 191876) 2 apowell@imwlaw.com Rebecca R. Brown, Esq. (SBN 315338) 3 RBrown@imwlaw.com IVIE McNEILL WYATT PURCELL & DIGGS 4 A Professional Law Corporation 5 444 South Flower Street, Suite 1800 Los Angeles, California 90071 6 Telephone: (213) 489-0028 Facsimile: (213) 489-0552 7 Attorneys for Defendant CITY OF FONTANA 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 DANA PERKINS, individual and as CASE NO.: 5:23-cv-01272-SSS-SK 11 successor-in-interest to DARNELL STIPULATED PROTECTIVE TRAVIS, deceased; and LINZY 12 ORDER TRAVIS, individually and as successor-

13 in-interest to DARNELL TRAVIS, Judge: Magistrate Hon. Steve Kim deceased; A.G.T., a minor, individually 14 and as successor-in-interest to Complaint Filed: June 30, 2023 15 DARNELL TRAVIS, by and through Trial Date: May 12, 2025 her guardian ad litem, ASHLEY VEGA; 16 and K.M.T.T., a minor, individually, and 17 as successor-in-interest to DARNELL TRAVIS, by and through her guardian 18 ad litem, VERONICA TORRES; 19 Plaintiffs, 20

21 vs.

22 CITY OF FONTANA, a municipal 23 entity; and Does 1-10, inclusive,

24 Defendants. 25

27 1 By and through their counsel of record in this action, Plaintiffs DANA 2 PERKINS, LINZY TRAVIS, A.G.T., a minor, by and through her guardian ad 3 litem, ASHLEY VEGA; and K.M.T.T., a minor, by and through her guardian ad 4 litem, VERONICA TORRES (hereinafter collectively “Plaintiffs”) 5 and Defendant CITY OF FONTANA (“Defendant”), (collectively hereinafter “the 6 parties”) hereby stipulate for the purpose of jointly requesting that the Honorable 7 Court the Stipulated Protective Order re confidential documents for the limited 8 purpose of Defendant. The parties hereby stipulate in this matter as follows. 9 1. A. PURPOSES AND LIMITATIONS 10 Discovery in this action is likely to involve production of confidential, 11 proprietary, or private information for which special protection from public 12 disclosure and from use for any purpose other than prosecuting this litigation 13 maybe warranted. Accordingly, the parties hereby stipulate to and petition the 14 Court to enter the following Stipulated Protective Order. The parties acknowledge 15 that this Order does not confer blanket protections on all disclosures or responses 16 to discovery and that the protection it affords from public disclosure and use 17 extends only to the limited information or items that are entitled to confidential 18 treatment under the applicable legal principles. The parties further acknowledge, as 19 set forth in Section 12.3, below, that this Stipulated Protective Order does not 20 entitle them to file confidential information under seal; Civil Local Rule 79-5 21 sets forth the procedures that must be followed and the standards that will be applied 22 when a party seeks permission from the court to file material under seal. 23 B. GOOD CAUSE STATEMENT 24 1.1 Contentions re Harm from Disclosure of Confidential Materials. 25 Defendant contends that there is good cause and a particularized 26 need for a Protective Order to preserve the interests of confidentiality and privacy 27 in peace officer personnel file records and associated investigative or confidential 1 First, Defendant contends that peace officers have a federal privilege of 2 privacy in their personnel file records: a reasonable expectation of privacy therein 3 that is underscored, specified, and arguably heightened by the Pitchess protective 4 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 5 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. 6 LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law 7 applies to privilege based discovery disputes involving federal claims,” the “state 8 privilege law which is consistent with its federal equivalent significantly assists in 9 applying [federal] privilege law to discovery disputes”); Soto v. City of Concord, 10 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have 11 constitutionally-based “privacy rights [that] are not inconsequential” in their police 12 personnel records); cf. Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040- 13 1047. Defendant further contends that uncontrolled disclosure of such personnel 14 file information can threaten the safety of non-party witnesses, officers, and their 15 families/associates. 16 Second, Defendant contends that municipalities and law 17 enforcement agencies have federal deliberative-executive process privilege, federal 18 official information privilege, federal law enforcement privilege, and federal 19 attorney-client privilege (and/or attorney work product protection) interests in the 20 personnel files of their peace officers – particularly as to those portions of peace 21 officer personnel files that contain critical self-analysis, internal 22 deliberation/decision-making or evaluation/analysis, or communications for the 23 purposes of obtaining or rendering legal advice or analysis – potentially including 24 but not limited to evaluative/analytical portions of Internal Affairs type records or 25 reports, evaluative/analytical portions of supervisory records or reports, and/or 26 reports prepared at the direction of counsel, or for the purpose of obtaining or 27 rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon 1 Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668- 2 671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 3 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. 4 Co. v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). The City 5 Defendant further contends that such personnel file records are restricted from 6 disclosure by the public entity’s custodian of records pursuant to applicable 7 California law and that uncontrolled release is likely to result in needless intrusion 8 of officer privacy; impairment in the collection of third-party witness information 9 and statements and related legitimate law enforcement investigations/interests; and 10 a chilling of open and honest discussion regarding and/or investigation into alleged 11 misconduct that can erode a public entity’s ability to identify and/or implement any 12 remedial measures that may be required. 13 Third, Defendant contends that, since peace officers do not have the 14 same rights as other private citizens to avoid giving compelled statements, it is 15 contrary to the fundamental principles of fairness to permit uncontrolled release of 16 officers’ compelled statements. See generally Lybarger v. City of Los Angeles, 40 17 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V. 18 Accordingly, Defendant contends that, without a Protective Order 19 preventing such, production of confidential records in the case can and will likely 20 substantially impair and harm Defendant’s public entity’s interests in candid 21 self-critical analysis, frank internal deliberations, obtaining candid information 22 from witnesses, preserving the safety of witnesses, preserving the safety of peace 23 officers and peace officers’ families and associates, protecting the privacy officers 24 of peace officers, and preventing pending investigations from being detrimentally 25 undermined by publication of private, sensitive, or confidential information – as 26 can and often does result in litigation. 27 Accordingly, to expedite the flow of information, to facilitate the prompt 1 protect information the parties are entitled to keep confidential, to ensure that the 2 parties are permitted reasonable necessary uses of such material in preparation for 3 and in the conduct of trial, to address their handling at the end of the litigation, and 4 serve the ends of justice, Defendant contends that a protective order for such 5 information is justified in this matter. 6 Plaintiffs also believes there is good cause for a protective order with respect 7 to categories of documents they may be asked to produce, including, but not 8 limited to medical and psychological records, financial records, employment 9 records, and private communications between and amongst family members and 10 the deceased. 11 It is the intent of the parties that information will not be designated as 12 confidential for tactical reasons and that nothing be so designated without a good 13 faith belief that it has been maintained in a confidential, non-public manner, and 14 there is good cause why it should not be part of the public record of this case. 15 Protected Material shall not include (a) advertising materials published or 16 intended to be published to the general public; (b) materials that on their face show 17 that they have been published to the general public; or, (c) documents that have 18 been submitted to any government entity without request for confidential 19 treatment, with the exception of personally identifiable information, documents 20 that are protected by the attorney-client privilege and/or work product doctrine. 21 1.2 The parties therefore stipulate that there is Good Cause for, and 22 hereby jointly request that the honorable Court issue/enter, a Protective Order re 23 confidential documents consistent with the terms and provisions of this Stipulation. 24 However, the entry of a Protective Order by the Court pursuant to this Stipulation 25 shall not be construed as any ruling by the Court on the aforementioned legal 26 statements or privilege claims in this section (§ 1), nor shall this section be 27 construed as part of any such Court Order. 1 2. DEFINITIONS 2 2.1 Action: Dana Perkins, et al. v. City of Fontana, et al., Case No. 5:23- 3 cv-01272 SSS(SKx). 4 2.2 Challenging Party: a Party or Non-Party that challenges the 5 designation of information or items under this Order. 6 2.3 “CONFIDENTIAL” Information or Items: information (regardless 7 of how it is generated, stored or maintained) or tangible things that qualify for 8 protection under Federal Rule of Civil Procedure 26(c), and as specified above 9 in the Good Cause Statement. 10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 11 their support staff) 12 2.5 Designating Party: a Party or Non-Party that designates information 13 or items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL. 15 2.6 Disclosure or Discovery Material: all items or information, 16 regardless of the medium or manner in which it is generated, stored, or maintained 17 (including, among other things, testimony, transcripts, and tangible things), that are 18 produced or generated in disclosures or responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience in a 20 matter pertinent to the litigation who has been retained by a Party or its counsel to 21 serve as an expert witness or as a consultant in this Action. 22 2.8 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.9 Non-Party: any natural person, partnership, corporation, association, 26 or other legal entity not named as a Party to this action. 27 2.10 Outside Counsel of Record: attorneys who are not employees of 1 and have appeared in this Action on behalf of that party or are affiliated with a law 2 firm which has appeared on behalf of that party, and includes support staff. 3 2.11 Party: any party to this Action, including all of its officers, 4 directors, employees, consultants, retained experts, and Outside Counsel of Record 5 (and their support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.13 Professional Vendors: persons or entities that provide litigation 9 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or medium) 11 and their employees and subcontractors. 12 2.14 Protected Material: any Disclosure or Discovery Material that 13 is designated as “CONFIDENTIAL.” 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not 18 only Protected Material (as defined above), but also (1) any information copied 19 or 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. Any 22 use of Protected Material at trial shall be governed by the orders of the trial judge. 23 This Order does not govern the use of Protected Material at trial. 24 4. DURATION 25 Once a case proceeds to trial, all of the information that was designated as 26 confidential or maintained pursuant to this Protective Order becomes public and 27 will be presumptively available to all members of the public, including the press, 1 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 2 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 3 “good cause” showing for sealing documents produced in discovery from 4 “compelling reasons” standard when merits-related documents are part of court 5 record). Accordingly, the terms of this Protective Order do not extend to the 6 CONFIDENTIAL information and materials introduced or admitted as an exhibit 7 at trial. Even after final disposition of this litigation, the confidentiality obligations 8 imposed by this Protective Order shall remain in effect for any CONFIDENTIAL 9 information and materials that were not introduced or admitted at trial until a 10 Designating Party agrees otherwise in writing or a court order otherwise directs. 11 Final disposition shall be deemed to be the later of (1) dismissal of all claims and 12 defenses in this Action, with or without prejudice; and (2) final judgment herein 13 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 14 reviews of this Action, including the time limits for filing any motions or 15 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 18 Protection. 19 Each Party or Non-Party that designates information or items for 20 protection under this Order must take care to limit any such designation to 21 specific material that qualifies under the appropriate standards. The Designating 22 Party must designate for protection only those parts of material, documents, 23 items, or oral or written communications that qualify so that other portions 24 of the material, documents, items, or communications for which protection is 25 not warranted are not swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 Designations that are shown to be clearly unjustified or that have been made 1 process or to impose unnecessary expenses and burdens on other parties) may 2 expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items 4 that designated for protection do not qualify for protection, that Designating Party 5 must promptly notify all other Parties that it is withdrawing the inapplicable 6 designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided 8 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 9 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 10 protection under this Order must be clearly so designated before the material is 11 disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix at a minimum, the legend 16 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 17 that contains protected material. If only a portion or portions of the material on a 18 page qualifies for protection, the Producing Party also must clearly identify the 19 protected portion(s) (e.g., by making appropriate markings in the margins). The 20 CONFIDENTIAL legend should not cover or obscure any text or images. 21 A Party or Non-Party that makes original documents available for 22 inspection need not designate them for protection until after the inspecting Party 23 has indicated which documents it would like copied and produced. During 24 the inspection and before the designation, all of the material made available 25 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party 26 has identified the documents it wants copied and produced, the Producing Party 27 must determine which documents, or portions thereof, qualify for protection under 1 must affix the “CONFIDENTIAL legend” to each page that contains Protected 2 Material. If only a portion or portions of the material on a page qualifies for 3 protection, the Producing Party also must clearly identify the protected portion(s) 4 (e.g., by making appropriate markings in the margins). 5 (b) for testimony given in depositions that the Designating Party 6 identify the Disclosure or Discovery Material on the record, before the close 7 of the deposition all protected testimony. 8 (c) for information produced in some form other than documentary 9 and for any other tangible items, that the Producing Party affix in a prominent 10 place on the exterior of the container or containers in which the information is 11 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 12 information warrants protection, the Producing Party, to the extent practicable, 13 shall identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an 15 inadvertent failure to designate qualified information or items does not, standing 16 alone, waive the Designating Party’s right to secure protection under this Order for 17 such material. Upon timely correction of a designation, the Receiving Party must 18 make reasonable efforts to assure that the material is treated in accordance with 19 the provisions of this Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge 22 a designation of confidentiality at any time that is consistent with the 23 Court’s Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the 25 dispute resolution process under Local Rule 37.1 et seq. 26 6.3 The burden of persuasion in any such challenge proceeding shall be 27 on the Designating Party. Frivolous challenges, and those made for an 1 burdens on other parties) may expose the Challenging Party to sanctions. 2 Unless the Designating Party has waived or withdrawn the confidentiality 3 designation, all parties shall continue to afford the material in question the 4 level of protection to which it is entitled under the Producing Party’s 5 designation until the Court rules on the challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that 8 is disclosed or produced by another Party or by a Non-Party in connection with 9 this Action only for prosecuting, defending, or attempting to settle this Action. 10 Such Protected Material may be disclosed only to the categories of persons and 11 under the conditions described in this Order. When the Action has been 12 terminated, a Receiving Party must comply with the provisions of section 13 13 below (FINAL DISPOSITION). Protected Material must be stored and 14 maintained by a Receiving Party at a location and in a secure manner that 15 ensures that access is limited to the persons authorized under this Order. 16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 otherwise ordered by the court or permitted in writing by the Designating Party, 18 a Receiving Party may disclose an information or item designated 19 “CONFIDENTIAL” only to: 20 (a) The Receiving Party 21 (b) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is 23 reasonably necessary to disclose the information for this Action; 24 (c) the officers, directors, and employees (including House Counsel) of 25 the Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (d) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed 1 (e) the Court and its personnel; 2 (f) court reporters and their staff; 3 (g) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who 5 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (h) the author or recipient of a document containing the information or 7 a custodian or other person who otherwise possessed or knew the information; 8 (i) during their depositions, witnesses ,and attorneys for witnesses, in the 9 Action to whom disclosure is reasonably necessary provided: (1) the deposing 10 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 11 they will not be permitted to keep any confidential information unless they 12 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 13 otherwise agreed by the Designating Party or ordered by the court. Pages of 14 transcribed deposition testimony or exhibits to depositions that reveal Protected 15 Material may be separately bound by the court reporter and may not be disclosed 16 to anyone except as permitted under this Stipulated Protective Order; and 17 (k) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 20 IN OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other 22 litigation that compels disclosure of any information or items designated in this 23 Action as “CONFIDENTIAL,” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification 25 shall include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order 27 to issue in the other litigation that some or all of the material covered by the 1 a copy of this Stipulated Protective Order; and, 2 (c) cooperate with respect to all reasonable procedures sought to be 3 pursued by the Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served 5 with the subpoena or court order shall not produce any information designated in 6 this action as “CONFIDENTIAL” before a determination by the court from which 7 the subpoena or order issued, unless the Party has obtained the Designating 8 Party’s permission. The Designating Party shall bear the burden and expense of 9 seeking protection in that court of its confidential material and nothing in these 10 provisions should be construed as authorizing or encouraging a Receiving Party in 11 this Action to disobey a lawful directive from another court. 12 9. A NON-PARTY’ PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Nothing in these provisions should be 18 construed as prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is 21 subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non-Party 24 that some or all of the information requested is subject to a confidentiality 25 agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), and a reasonably 1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the Receiving 5 Party may produce the Non-Party’s confidential information responsive to the 6 discovery request. If the Non-Party timely seeks a protective order, the Receiving 7 Party shall not produce any information in its possession or control that is 8 subject to the confidentiality agreement with the Non-Party before a determination 9 by the Court. Absent a court order to the contrary, the Non-Party shall bear 10 the burden and expense of seeking protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has 13 disclosed Protected Material to any person or in any circumstance not authorized 14 under this Stipulated Protective Order, the Receiving Party must immediately 15 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use 16 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 17 inform the person or persons to whom unauthorized disclosures were made of all the 18 terms of this Order, and (d) request such person or persons to execute the 19 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 20 A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without 1 as the parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted 4 to the court. 5 12. MISCELLANEOUS 6 12. Right to Further Relief. Nothing in this Order abridges the right of any 7 person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of 9 this Protective Order no Party waives any right it otherwise would have to object 10 to disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 15 only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue. If a Party's request to file Protected Material 17 under seal is denied by the court, then the Receiving Party may file the information 18 in the public record unless otherwise instructed by the court. 19 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in paragraph 4, within 21 60 days of a written request by the Designating Party, each Receiving Party must 22 return all Protected Material to the Producing Party or destroy such material. As 23 used in this subdivision, “all Protected Material” includes all copies, abstracts, 24 compilations, summaries, and any other format reproducing or capturing any of 25 the Protected Material. Whether the Protected Material is returned or destroyed, 26 the Receiving Party must submit a written certification to the Producing Party (and, 27 if not the same person or entity, to the Designating Party) by the 60 day deadline 1 was returned or destroyed and (2)affirms that the Receiving Party has not 2 retained any copies, abstracts, compilations, summaries or any other format 3 reproducing or capturing any of the Protected Material. Notwithstanding this 4 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 5 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 6 deposition and trial exhibits, expert reports, attorney work product, and consultant 7 and expert work product, even if such materials contain Protected Material. Any 8 such archival copies that contain or constitute Protected Material remain subject 9 to this Protective Order as set forth in Section 4 (DURATION). 10 14. Any violation of this Order may be punished by any and all 11 appropriate measures including, without limitation, contempt proceedings and/or 12 monetary sanctions. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: November 17, 2023. TONI JARAMILLA, A Professional Law Corp. ALEXANDER MORRISON + FEHR LLP 5 /s/ Michael Morrison 6 Toni J. Jaramilla 4 Michael Morrison J. Bernard Alexander, III 8 Natalie Khoury 9 Attorneys for Plaintiffs 10 DATED: November 17, 2023 IVIE McNEILL WYATT PURCELL & DIGGS. 12 /s/ Rebecca R. Brown 13 14 Rickey Ivie Angela M. Powell 15 Rebecca R. Brown 16 Attorneys for Defendant CITY OF FONTANA

18 1 ° FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 || DATED: November 20, 2 023 22 23

25 || THE HONORABLE STEVE KIM 2% United States District/Magistrate Judge 27 28

1 2 EXHBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Dana Perkins, et al. v. City of Fontana, et al., Case No. 9 5:23-cv-01272 SSS(SKx). I agree to comply with and to be bound by all the terms 10 of this Stipulated Protective Order and I understand and acknowledge that failure 11 to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for 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 20 type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement of 22 this Stipulated Protective Order. 23 Dated: __________________________ 24 City and State where sworn and signed: __________________________________ 25 Printed Name: __________________________________ 26 Signature: __________________________________ 27