Daniel Garces v. City of Redondo Beach

• Court: District Court, C.D. California
• Decided: April 9, 2025
• Docket: 2:25-cv-00414
• Status: Unknown

Opinion

1 || Mildred K. O’Linn (State Bar No. 159055) missy.olinn@manningass. com 2 || David Fleck ( tate Bar No. 192912) David.Fleck@manningkass.com || MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4/801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 5 || Telephone: ge) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendants, City of 7 || Redondo Beach and Officer Patel 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA x 11 1 oO DANIEL GARCES, Case No. 2:25-cv-414-MWC-MAA 13 District Judge, Michelle Williams Court > Plaintiff, Magistrate Judge Maria A. Audero = 14 < Vv. = '° CITY OF REDONDO BEACH > TIPULATED PROTECTIVE 16 |} OFFICER PATTEL, and DOE ORDER OTECTIV OFFICERS 1-10, 17 Defendants. 18 Action Filed: 01/16/2025 19 Trial Date: N/A 20 |} 1. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 || proprietary, or private information for which special protection from public 23 || disclosure and from use for any purpose other than prosecuting this litigation may 24 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 25 || enter the following Stipulated Protective Order. 26 The parties acknowledge that this Stipulated Protective Order does not confer 27 || blanket protections on all disclosures or responses to discovery and that the 28 || protection it affords from public disclosure and use extends only to the limited

1 || information or items that are entitled to confidential treatment under the applicable 2 || legal principles. The parties further acknowledge, as set forth in Section 13.3 below, 3 || that this Stipulated Protective Order does not entitle them to file confidential 4 || information under seal; Local Rule 79-5 sets forth the procedures that must be 5 || followed and the standards that will be applied when a party seeks permission from 6 || the Court to file material under seal. 7\|2. GOOD CAUSE STATEMENT 8 1.1. Defendants’ Contentions. 9 Defendants contend that there is good cause and a particularized need for a 10 || protective order to preserve the interests of confidentiality and privacy in peace 2 11 || officer personnel file records and associated investigative or confidential records for 12 || the following reasons. 2 13 First, defendants contend that peace officers have a federal privilege of 14 || privacy in their personnel file records: a reasonable expectation of privacy therein 15 || that is underscored, specified, and arguably heightened by the Pitchess protective 16 || procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 17 || 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 18 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies 19 || to privilege based discovery disputes involving federal claims,” the “state privilege 20 || law which is consistent with its federal equivalent significantly assists in applying 21 || [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 22 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 23 || “privacy rights [that] are not inconsequential” in their police personnel records); □□□ 24 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further 25 || contend that uncontrolled disclosure of such personnel file information can threaten 26 || the safety of non-party witnesses, officers, and their families/associates. 27 Second, defendants contend that municipalities and law enforcement agencies 28 || have federal deliberative-executive process privilege, federal official information

1 || privilege, federal law enforcement privilege, and federal attorney-client privilege 2 || and/or attorney work product protection interests in the personnel files of their peace 3 || officers — particularly as to those portions of peace officer personnel files that 4 || contain critical self-analysis, internal deliberation/decision-making or 5 || evaluation/analysis, or communications for the purposes of obtaining or rendering 6 || legal advice or analysis — potentially including but not limited to evaluative/ 7 || analytical portions of Internal Affairs type records or reports, evaluative/analytical 8 || portions of supervisory records or reports, and/or reports prepared at the direction of 9 || counsel, or for the purpose of obtaining or rendering legal advice. See Sanchez, 936 10 || F.2d at 1033-1034; Maricopa Audubon Soc’y v. United States Forest Serv., 108 F.3d 2 11 |) 1089, 1092-1095 (9th Cir. 1997); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4 12 ||(1995); Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite 2 13 ||v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. S$ 14 || Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United States Dist. Ct., 881 = 15 || F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further contend that such 16 || personnel file records are restricted from disclosure by the public entity’s custodian 17 || of records pursuant to applicable California law and that uncontrolled release is 18 || likely to result in needless intrusion of officer privacy; impairment in the collection 19 || of third-party witness information and statements and related legitimate law 20 || enforcement investigations/ interests; and a chilling of open and honest discussion 21 || regarding and/or investigation into alleged misconduct that can erode a public 22 || entity’s ability to identify and/or implement any remedial measures that may be 23 || required. 24 Third, defendants contend that, since peace officers do not have the same 25 || rights as other private citizens to avoid giving compelled statements, it 1s contrary to 26 || the fundamental principles of fairness to permit uncontrolled release of officers’ 27 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 28 || 828-830 (1985); cf. U.S. Const., Amend V.

1 Accordingly, defendants contend that, without a protective order preventing 2 || such, production of confidential records in the case can and will likely substantially 3 || impair defendant public entity’s interests in candid self-critical analysis, frank 4 || internal deliberations, obtaining candid information from witnesses, preserving the 5 || safety of witnesses, preserving the safety of peace officers and peace officers’ 6 || families and associates, protecting the privacy officers of peace officers, and 7 || preventing pending investigations from being detrimentally undermined by 8 || publication of private, sensitive, or confidential information — as can and often does 9 || result in litigation. 10 1.2. Plaintiff agrees that there is Good Cause for a Protective Order 2 11 || consistent with the terms and provisions of this Stipulation so as to preserve the 12 || respective interests of the parties. 2 13 1.3. The parties jointly contend that there is typically a particularized need S$ for protection as to any medical or psychotherapeutic records and autopsy = 15 || photographs, because of the privacy interests at stake therein. Because of these 16 || sensitive interests, a court order should address these documents rather than a 17 || private agreement between the parties. 18 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 19 || jointly request that the Honorable Court issue/enter, a Protective Order regarding 20 || confidential documents consistent with the terms and provisions of this Stipulation. 21 || However, the entry of a Protective Order by the Court pursuant to this Stipulation 22 || shall not be construed as any ruling by the Court on the aforementioned legal 23 || statements or privilege claims in this section (§ 1), nor shall this section be 24 || construed as part of any such Court Order. 2513. DEFINITIONS 26 3.1. Action: Daniel Garces v. City of Redondo Beach, Officer Patel, and 27 || Doe Officers 1-20, Case no. 2:25-CV-00414-MWC-MAA. 28

1 3.2. Challenging Party: A Party or Nonparty that challenges the designation 2 of information or items under this Stipulated Protective Order. 3 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of 4 how it is generated, stored or maintained) or tangible things that qualify 5 for protection under Federal Rule of Civil Procedure 26(c), and as 6 specified above in the Good Cause Statement. 7 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as 8 their support staff). 9 3.5. Designating Party: A Party or Nonparty that designates information or 10 items that it produces in disclosures or in responses to discovery as 2 oi “CONFIDENTIAL.” 12 3.6. Disclosure or Discovery Material: All items or information, regardless 2 13 of the medium or manner in which it is generated, stored, or maintained 14 (including, among other things, testimony, transcripts, and tangible 15 things), that is produced or generated in disclosures or responses to 16 discovery in this matter. 17 3.7. Expert: A person with specialized knowledge or experience in a matter 18 pertinent to the litigation who has been retained by a Party or its 19 counsel to serve as an expert witness or as a consultant in this Action. 20 3.8. In-House Counsel: Attorneys who are employees of a party to this 21 Action. In-House Counsel does not include Outside Counsel of Record 22 or any other outside counsel. 23 3.9. Nonparty: Any natural person, partnership, corporation, association, or 24 other legal entity not named as a Party to this action. 25 3.10. Outside Counsel of Record: Attorneys who are not employees of a 26 party to this Action but are retained to represent or advise a party to this 27 Action and have appeared in this Action on behalf of that party or are 28 affiliated with a law firm which has appeared on behalf of that party,

1 and includes support staff. 2 3.11. Party: Any party to this Action, including all of its officers, directors, 3 employees, consultants, retained experts, In-House Counsel, and 4 Outside Counsel of Record (and their support staffs). 5 3.12. Producing Party: A Party or Nonparty that produces Disclosure or 6 Discovery Material in this Action. 7 3.13. Professional Vendors: Persons or entities that provide litigation support 8 services (e.g., photocopying, videotaping, translating, preparing 9 exhibits or demonstrations, and organizing, storing, or retrieving data in 10 any form or medium) and their employees and subcontractors. 2 11 3.14. Protected Material: Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2 13 3.15. Receiving Party: A Party that receives Disclosure or Discovery S$ 14 Material from a Producing Party. 15||}4. SCOPE 16 The protections conferred by this Stipulated Protective Order cover not only 17 || Protected Material, but also (1) any information copied or extracted from Protected 18 || Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 19 || and (3) any testimony, conversations, or presentations by Parties or their Counsel 20 || that might reveal Protected Material. 21 Any use of Protected Material at trial shall be governed by the orders of the 22 || trial judge. This Stipulated Protective Order does not govern the use of Protected 23 || Material at trial. 24 1/5. DURATION 25 Even after final disposition of this litigation, the confidentiality obligations 26 || imposed by this Stipulated Protective Order shall remain in effect until a 27 || Designating Party agrees otherwise in writing or a court order otherwise directs. 28 || Final disposition shall be deemed to be the later of (1) dismissal of all claims and

1 || defenses in this Action, with or without prejudice; and (2) final judgment herein 2 || after the completion and exhaustion of all appeals, rehearings, remands, trials, or 3 || reviews of this Action, including the time limits for filing any motions or 4 || applications for extension of time pursuant to applicable law. 5 || 6. DESIGNATING PROTECTED MATERIAL 6 6.1. Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Nonparty that designates information or items for 8 protection under this Stipulated Protective Order must take care to limit 9 any such designation to specific material that qualifies under the 10 appropriate standards. The Designating Party must designate for 2 11 protection only those parts of material, documents, items, or oral or 12 written communications that qualify so that other portions of the 2 13 material, documents, items, or communications for which protection is 14 not warranted are not swept unjustifiably within the ambit of this = 15 Stipulated Protective Order. 16 Mass, indiscriminate, or routinized designations are prohibited. 17 Designations that are shown to be clearly unjustified or that have been 18 made for an improper purpose (e.g., to unnecessarily encumber the case 19 development process or to impose unnecessary expenses and burdens 20 on other parties) may expose the Designating Party to sanctions. 21 22 6.2. Manner and Timing of Designations. 23 Except as otherwise provided in this Stipulated Protective Order 24 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered, 25 Disclosure or Discovery Material that qualifies for protection under this 26 Stipulated Protective Order must be clearly so designated before the 27 material is disclosed or produced. 28 Designation in conformity with this Stipulated Protective Order

1 requires the following: 2 (a) For information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other 4 pretrial or trial proceedings), that the Producing Party affix at a 5 minimum, the legend “CONFIDENTIAL” to each page that 6 contains protected material. If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party 8 also must clearly identify the protected portion(s) (e.g., by 9 making appropriate markings in the margins). 10 A Party or Nonparty that makes original documents 2 11 available for inspection need not designate them for protection 12 until after the inspecting Party has indicated which documents it 2 13 would like copied and produced. During the inspection and Ss 14 before the designation, all of the material made available for = 15 inspection shall be deemed “CONFIDENTIAL.” After the 16 inspecting Party has identified the documents it wants copied and 17 produced, the Producing Party must determine which documents, 18 or portions thereof, qualify for protection under this Stipulated 19 Protective Order. Then, before producing the specified 20 documents, the Producing Party must affix the legend 21 “CONFIDENTIAL” to each page that contains Protected 22 Material. If only a portion or portions of the material on a page 23 qualifies for protection, the Producing Party also must clearly 24 identify the protected portion(s) (e.g., by making appropriate 25 markings in the margins). 26 (b) For testimony given in depositions, that the Designating 27 Party identify the Disclosure or Discovery Material on the 28 record, before the close of the deposition, all protected

1 testimony. 2 (c) For information produced in nondocumentary form, and 3 for any other tangible items, that the Producing Party affix in a 4 prominent place on the exterior of the container or containers in 5 which the information is stored the legend “CONFIDENTIAL.” 6 If only a portion or portions of the information warrants 7 protection, the Producing Party, to the extent practicable, shall 8 identify the protected portion(s). 9 6.3. Inadvertent Failure to Designate. 10 If timely corrected, an inadvertent failure to designate qualified 2 11 information or items does not, standing alone, waive the Designating 12 Party’s right to secure protection under this Stipulated Protective Order 2 13 for such material. Upon timely correction of a designation, the 14 Receiving Party must make reasonable efforts to assure that the 15 material is treated in accordance with the provisions of this Stipulated 16 Protective Order. 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 7.1. Timing of Challenges. 19 Any Party or Nonparty may challenge a designation of 20 confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. 22 7.2. Meet and Confer. 23 The Challenging Party shall initiate the dispute resolution 24 process, which shall comply with Local Rule 37.1 et seq., and with 25 Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic 26 Conference for Discovery Disputes”).! 27 28 | Judge Audero’s Procedures are available at https://www.caed.uscourts.gov/honorable-maria-audero.

l 7.3. Burden of Persuasion. 2 The burden of persuasion in any such challenge proceeding shall 3 be on the Designating Party. Frivolous challenges, and those made for 4 an improper purpose (e.g., to harass or impose unnecessary expenses 5 and burdens on other parties) may expose the Challenging Party to 6 sanctions. Unless the Designating Party has waived or withdrawn the 7 confidentiality designation, all parties shall continue to afford the 8 material in question the level of protection to which it is entitled under 9 the Producing Party’s designation until the Court rules on the 10 challenge. 2 11|/8 ACCESS TO AND USE OF PROTECTED MATERIALS 12 8.1. Basic Principles. 2 13 A Receiving Party may use Protected Material that is disclosed S$ 14 or produced by another Party or by a Nonparty in connection with this = 15 Action only for prosecuting, defending, or attempting to settle this 16 Action. Such Protected Material may be disclosed only to the 17 categories of persons and under the conditions described in this 18 Stipulated Protective Order. When the Action reaches a final 19 disposition, a Receiving Party must comply with the provisions of 20 Section 14 below. 21 Protected Material must be stored and maintained by a Receiving 22 Party at a location and in a secure manner that ensures that 23 access 1s limited to the persons authorized under this Stipulated 24 Protective Order. 25 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 26 Unless otherwise ordered by the Court or permitted in writing by 27 the Designating Party, a Receiving Party may disclose any information 28 or item designated “CONFIDENTIAL” only to: 10

1 (a) The Receiving Party’s Outside Counsel of Record, as well as 2 employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; 4 (b) The officers, directors, and employees (including In-House 5 Counsel) of the Receiving Party to whom disclosure is reasonably 6 necessary for this Action; 7 (c) Experts of the Receiving Party to whom disclosure is 8 reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) The Court and its personnel; 2 11 (e) Court reporters and their staff; 12 (f) Professional jury or trial consultants, mock jurors, and 2 13 Professional Vendors to whom disclosure is reasonably necessary or S$ 14 this Action and who have signed the “Acknowledgment and Agreement 15 to be Bound” (Exhibit A); 16 (g) The author or recipient of a document containing the 17 information or a custodian or other person who otherwise possessed or 18 knew the information; 19 (h) During their depositions, witnesses, and attorneys for 20 witnesses, in the Action to whom disclosure is reasonably necessary 21 provided: (1) the deposing party requests that the witness sign the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (11) 23 the witness will not be permitted to keep any confidential information 24 unless they sign the “Acknowledgment and Agreement to Be Bound,” 25 unless otherwise agreed by the Designating Party or ordered by the 26 Court. Pages of transcribed deposition testimony or exhibits to 27 depositions that reveal Protected Material may be separately bound by 28 the court reporter and may not be disclosed to anyone except as

1 permitted under this Stipulated Protective Order; and 2 (4) Any mediator or settlement officer, and their supporting 3 personnel, mutually agreed upon by any of the parties engaged in 4 settlement discussions. 5 || 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED 6 PRODUCED IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation 8 || that compels disclosure of any information or items designated in this Action as 9 || “CONFIDENTIAL,” that Party must: 10 (a) Promptly notify in writing the Designating Party. Such 2 11 notification shall include a copy of the subpoena or court order; 12 (b) Promptly notify in writing the party who caused the subpoena 2 13 or order to issue in the other litigation that some or all of the material S$ 14 covered by the subpoena or order is subject to this Stipulated Protective 15 Order. Such notification shall include a copy of this Stipulated 16 Protective Order; and 17 (c) Cooperate with respect to all reasonable procedures sought 18 to be pursued by the Designating Party whose Protected Material may 19 be affected. 20 If the Designating Party timely seeks a protective order, the Party served with 21 || the subpoena or court order shall not produce any information designated in this 22 || action as “CONFIDENTIAL” before a determination by the Court from which the 23 || subpoena or order issued, unless the Party has obtained the Designating Party’s 24 || permission. The Designating Party shall bear the burden and expense of seeking 25 || protection in that court of its confidential material and nothing in these provisions 26 || should be construed as authorizing or encouraging a Receiving Party in this Action 27 || to disobey a lawful directive from another court. 28 12

1/10. ANONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 10.1. Application. 4 The terms of this Stipulated Protective Order are applicable to 5 information produced by a Nonparty in this Action and designated as 6 “CONFIDENTIAL.” Such information produced by Nonparties in connection 7 with this litigation is protected by the remedies and relief provided by this 8 Stipulated Protective Order. Nothing in these provisions should be construed 9 as prohibiting a Nonparty from seeking additional protections. 10 10.2. Notification. 2 11 In the event that a Party is required, by a valid discovery request, to 12 produce a Nonparty’s confidential information in its possession, and the Party 2 13 is subject to an agreement with the Nonparty not to produce the Nonparty’s Ss 14 confidential information, then the Party shall: = 15 (a) Promptly notify in writing the Requesting Party and the Nonparty 16 that some or all of the information requested is subject to a 17 confidentiality agreement with a Nonparty; 18 (b) Promptly provide the Nonparty with a copy of the Stipulated Protective 19 Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (c) Make the information requested available for inspection by the 22 Nonparty, if requested. 23 10.3. Conditions of Production. 24 If the Nonparty fails to seek a protective order from this Court within 25 fourteen (14) days after receiving the notice and accompanying information, 26 the Receiving Party may produce the Nonparty’s confidential information 27 responsive to the discovery request. If the Nonparty timely seeks a protective 28 order, the Receiving Party shall not produce any information in its possession 13

1 or control that is subject to the confidentiality agreement with the Nonparty 2 before a determination by the Court. Absent a court order to the contrary, the 3 Nonparty shall bear the burden and expense of seeking protection in this 4 Court of its Protected Material. 5)}11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 || Protected Material to any person or in any circumstance not authorized under this 8 || Stipulated Protective Order, the Receiving Party immediately must (1) notify in 9 || writing the Designating Party of the unauthorized disclosures, (2) use its best efforts 10 || to retrieve all unauthorized copies of the Protected Material, (3) inform the person or 2 11 || persons to whom unauthorized disclosures were made of all the terms of this 12 || Stipulated Protective Order, and (4) request such person or persons to execute the 2 13 || “Acknowledgment and Agreement to be Bound” (Exhibit A). S$ 14|}12.. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 || inadvertently produced material is subject to a claim of privilege or other protection, 18 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 || may be established in an e-discovery order that provides for production without 21 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 22 || as the parties reach an agreement on the effect of disclosure of a communication or 23 || information covered by the attorney-client privilege or work product protection, the 24 || parties may incorporate their agreement in the Stipulated Protective Order submitted 25 || to the Court. 26||}13. MISCELLANEOUS 27 13.1. Right to Further Relief. 28 14

1 Nothing in this Stipulated Protective Order abridges the right of 2 any person to seek its modification by the Court in the future. 3 13.2. Right to Assert Other Objections. 4 By stipulating to the entry of this Stipulated Protective Order, no 5 Party waives any right it otherwise would have to object to disclosing 6 or producing any information or item on any ground not addressed in 7 this Stipulated Protective Order. Similarly, no Party waives any right to 8 object on any ground to use in evidence of any of the material covered 9 by this Stipulated Protective Order. 10 13.3. Filing Protected Material. 2 11 A Party that seeks to file under seal any Protected Material must 12 comply with Local Rule 79-5. Protected Material may only be filed 2 13 under seal pursuant to a court order authorizing the sealing of the S$ 14 specific Protected Material at issue. If a Party's request to file Protected 15 Material under seal is denied by the Court, then the Receiving Party 16 may file the information in the public record unless otherwise 17 instructed by the Court. 18|}14. FINAL DISPOSITION 19 After the final disposition of this Action, within sixty (60) days of a written 20 || request by the Designating Party, each Receiving Party must return all Protected 21 || Material to the Producing Party or destroy such material. As used in this 22 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 || summaries, and any other format reproducing or capturing any of the Protected 24 || Material. Whether the Protected Material is returned or destroyed, the Receiving 25 || Party must submit a written certification to the Producing Party (and, if not the same 26 || person or entity, to the Designating Party) by the 60-day deadline that (1) identifies 27 || (by category, where appropriate) all the Protected Material that was returned or 28 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 15

1 || abstracts, compilations, summaries or any other format reproducing or capturing any 2 || of the Protected Material. Notwithstanding this provision, Counsel is entitled to 3 || retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing 4 || transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 5 || reports; attorney work product; and consultant and expert work product, even if such 6 || materials contain Protected Material. Any such archival copies that contain or 7 || constitute Protected Material remain subject to this Stipulated Protective Order as 8 || set forth in Section 5. 9/15. VIOLATION 10 Any violation of this Stipulated Order may be punished by any and all 2 11 || appropriate measures including, without limitation, contempt proceedings and/or < . — _12||/monetary sanctions.

=z 13 2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. = 15|/DATED: April 3, 2025 MANNING & KASS 16 ELLROD, RAMIREZ, TRESTER LLP 17 By: /s/ Mildred K. O’ Linn 18 Mildred K. O’Linn David L. Fleck 19 Attorneys for Defendants, CITY OF REDONDO BEACH, and OFFICER 20 CHINTAN PATEL 21 DATED: April 3, 2025 KIRAKOSIAN LAW, APC 22 23 By: ____/s/ Gregorv L. Kirakosian Gregory L. Kirakosian 24 Attornev for Plaintiff. DANIEL GARCES 25 26 27 28 16

1 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 ( ! 3||Dated: 04/09/2025 : 4 Maria oO United es Magistrate Judg 5 6 7 9 10 w < 11 = 412 © Zz 13 S 14 < = 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17