Edgar Solis v. County of Riverside

• Court: District Court, C.D. California
• Decided: August 31, 2023
• Docket: 5:23-cv-00515
• Status: Unknown

Opinion

1 LEWIS BRISBOIS BISGAARD & SMITH LLP TONY M. SAIN, SB# 251626 2 E-Mail: Tony.Sain@lewisbrisbois.com TORI L.N. BAKKEN, SB# 329069 3 E-Mail: Tori.Bakken@lewisbrisbois.com ABIGAIL J. R. McLAUGHLIN, SB# 313208 4 E-Mail: Abigail.McLaughlin@lewisbrisbois.com 633 West 5th Street, Suite 4000 5 Los Angeles, California 90071 Telephone: 213.250.1800 NOTE: CHANGES MADE BY THE COURT 6 Facsimile: 213.250.7900

7 Attorneys for Defendants, COUNTY OF RIVERSIDE and SALVADOR 8 WALTERMIRE

9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 EDGAR SOLIS, Case No. 5:23-CV-00515-HDV-JPRx

13 Plaintiff, STIPULATED PROTECTIVE 14 vs. ORDER

15 COUNTY OF RIVERSIDE, SALVADOR WALTERMIRE, et al., Judge: Hernán D. Vera, 16 Mag: Jean P. Rosenbluth Defendants. 17 Setting Conf: May 8, 2023 Trial Date: None Set 18 DISCOVERY MATTER 19

20 21 1. A. PURPOSES AND LIMITATIONS. 22 Discovery in this action is likely to involve production of confidential, or 23 private information for which special protection from public disclosure and from use 24 for any purpose other than prosecuting this litigation may be warranted. 25 Accordingly, the parties hereby stipulate to and petition the Court to enter the 26 following Stipulated Protective Order. The parties acknowledge that this Order does 27 not confer blanket protections on all disclosures or responses to discovery and that 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 12.3, 3 below, that this Stipulated Protective Order does not entitle them to file confidential 4 information under seal; local rules set forth the procedures that must be followed 5 and the standards that will be applied when a party seeks permission from the court 6 to file material under seal. 7 B. GOOD CAUSE STATEMENT 8 1.1. Contentions re Harm from Disclosure of Confidential Materials. 9 Defendant contends that there is good cause and a particularized need for a 10 protective order to preserve the interests of confidentiality and privacy in peace 11 officer personnel file records and associated investigative or confidential records for 12 the following reasons. 13 First, Defendant contends that peace officers have a federal privilege of 14 privacy in their personnel file records: a reasonable expectation of privacy therein 15 that is underscored, specified, and arguably heightened by the Pitchess protective 16 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 17 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 18 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies 19 to privilege based discovery disputes involving federal claims,” the “state privilege 20 law which is consistent with its federal equivalent significantly assists in applying 21 [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 22 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 23 “privacy rights [that] are not inconsequential” in their police personnel records); cf. 24 Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendant further 25 contends that uncontrolled disclosure of such personnel file information can 26 threaten the safety of non-party witnesses, officers, and their 27 families/associates. 1 agencies have federal deliberative-executive process privilege, federal official 2 information privilege, federal law enforcement privilege, and federal attorney-client 3 privilege (and/or attorney work product protection) interests in the personnel files of 4 their peace officers – particularly as to those portions of peace officer personnel files 5 that contain critical self-analysis, internal deliberation/decision-making or 6 evaluation/analysis, or communications for the purposes of obtaining or rendering 7 legal advice or analysis – potentially including but not limited to 8 evaluative/analytical portions of Internal Affairs type records or reports, 9 evaluative/analytical portions of supervisory records or reports, and/or reports 10 prepared at the direction of counsel, or for the purpose of obtaining or rendering 11 legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v. 12 United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 13 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 14 Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 15 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United 16 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendant further 17 contends that such personnel file records are restricted from disclosure by the public 18 entity’s custodian of records pursuant to applicable California law and that 19 uncontrolled release is likely to result in needless intrusion of officer privacy; 20 impairment in the collection of third-party witness information and statements 21 and related legitimate law enforcement investigations/interests; and a chilling 22 of open and honest discussion regarding and/or investigation into alleged 23 misconduct that can erode a public entity’s ability to identify and/or 24 implement any remedial measures that may be required. 25 Third, Defendant contends that, since peace officers do not have the same 26 rights as other private citizens to avoid giving compelled statements, it is contrary to 27 the fundamental principles of fairness to permit uncontrolled release of officers’ 1 822, 828-830 (1985); cf. U.S. Const., amend V. 2 Accordingly, Defendant contends that, without a protective order preventing 3 such, production of confidential records in the case can and will likely substantially 4 impair and harm defendant public entity’s interests in candid self-critical analysis, 5 frank internal deliberations, obtaining candid information from witnesses, 6 preserving the safety of witnesses, preserving the safety of peace officers and peace 7 officers’ families and associates, protecting the privacy officers of peace officers, 8 and preventing pending investigations from being detrimentally undermined by 9 publication of private, sensitive, or confidential information – as can and often does 10 result in litigation. 11 1.2. Plaintiff does not agree with and does not stipulate to Defendant’s 12 contentions herein above, and nothing in this Stipulated Protective Order shall 13 resolve the parties’ disagreement, or bind them, concerning the legal statements and 14 claimed privileges set forth above. 15 However, plaintiff agrees that there is Good Cause for a Protective Order so 16 as to preserve the respective interests of the parties without the need to further 17 burden the Court with such issues. Specifically, the parties jointly contend that, 18 absent this Stipulated Protective Order, the parties' respective privilege interests may 19 be impaired or harmed, and that this Stipulated Protective Order may avoid such 20 harm by permitting the parties to facilitate discovery with reduced risk that 21 privileged and/or sensitive/confidential information will become matters of public 22 record. 23 1.3. The parties jointly contend that there is typically a particularized need 24 for protection as to any medical records and autopsy photographs, because of the 25 privacy interests at stake therein. Because of these sensitive interests, a Court Order 26 should address these documents rather than a private agreement between the parties. 27 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 1 confidential documents consistent with the terms and provisions below. However, 2 the entry of this Stipulated Protective Order by the Court shall not be construed as 3 any ruling by the Court on the aforementioned legal statements or privilege claims 4 in this section (§ 1), nor shall this section be construed as part of any such Court 5 Order. 6 2. DEFINITIONS. 7 2.1. Action: This pending federal lawsuit, captioned above. 8 2.2 Challenging Party: a Party or Non-Party that challenges the designation 9 of information or items under this Order. 10 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 11 the medium or how generated, stored, or maintained) or tangible things that qualify 12 for protection under standards developed under Federal Rule of Civil Procedure 13 26(c) and/or applicable federal privileges. This material may include, but is not 14 limited to, medical records, psychotherapeutic records, and autopsy photographs; as 15 well as peace officer personnel records as defined by California Penal Code sections 16 832.8, 832.5, 832.7 and the associated case law; and other similar confidential 17 records designated as such. 18 2.4. Counsel (without qualifier): Outside Counsel and House Counsel (as 19 well as their support staffs). 20 2.5. Designating Party: a Party, Nonparty, or non-party public entity 21 employer of a Party that designates information or items that it produces in 22 disclosures or in responses to discovery as “CONFIDENTIAL.” 23 2.6. Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner generated, stored or maintained (including, among other 25 things, testimony, transcripts, or tangible things) that are produced – or generated in 26 disclosures or responses to discovery in this matter. 27 2.7. Expert: a person with specialized knowledge or experience in a matter 1 an expert witness or as a consultant in this action and who is not a past or a current 2 employee of a Party and who, at the time of retention, is not anticipated to become 3 an employee of a Party or a competitor of a Party’s; as well as any person retained, 4 designated, or disclosed by a Party as an expert (retained or non-retained, regardless 5 of their employment relationship with a Party) pursuant to Federal Rule of Civil 6 Procedure 26(a)(2) or other applicable discovery Rules or statutes. 7 2.8. House Counsel: attorneys who are employees of a Party (as well as 8 their support staffs). House Counsel does not include Outside Counsel of Record or 9 any other outside counsel. 10 2.9 Non-Party: any natural person, partnership, corporation, association, or 11 other legal entity not named as a Party to this action. 12 2.10. Outside Counsel: attorneys who are not employees of a Party but who 13 are retained to represent or advise a Party in this action and have appeared in this 14 Action on behalf of that Party or are affiliated with a law firm that has appeared on 15 behalf of that Party (as well as their support staffs). 16 2.11 Party: any party to this action, including all of its officers, directors, 17 employees, agents, consultants, retained experts, house counsel and outside counsel 18 (and/or the support staff thereof). 19 2.12. Producing Party: a Party or non-party that produces Disclosure or 20 Discovery Material in this action. 21 2.13. Professional Vendors: persons or entities that provide litigation 22 support services (e.g., photocopying; videotaping; translating; preparing exhibits or 23 demonstrations; and/or organizing, storing, retrieving data in any form or medium; 24 etc.); and their employees and subcontractors. 25 2.14. Protected Material: any Disclosure or Discovery Material that is 26 designated as “CONFIDENTIAL” under the provisions of this Stipulated Protective 27 Order. 1 Material from a Producing Party. 2 3. SCOPE OF PROTECTION. 3 The protections conferred by this Stipulated Protective Order cover not only 4 Protected Material (as defined above), but also (1) any information copied or 5 extracted from Protected Material; (2) all copies, excerpts, summaries, or 6 compilations of Protected Material; and (3) any testimony, conversations, or 7 presentations by Parties or their Counsel that might reveal Protected Material. 8 Any use of Protected Material at trial shall be governed by the Orders of the 9 trial judge: this Stipulated Protective Order does not govern the use of Protected 10 Material at trial. 11 4. DURATION OF PROTECTION. 12 Even after final disposition of this litigation, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. 15 Final disposition shall be deemed to be the later of (1) dismissal of all claims 16 and defenses in this action, with or without prejudice; and (2) final judgment herein 17 after the completion and exhaustion of all appeals, rehearings, remands, trials, or 18 reviews of this action, including the time limits for filing any motions or 19 applications for extension of time pursuant to applicable law. 20 5. DESIGNATION OF PROTECTED MATERIAL/CONFIDENTIAL 21 DOCUMENTS. 22 5.1. Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or non-party that designates information or items for protection 24 under this Stipulated Protective Order must take care to limit any such designation 25 to specific material that qualifies under the appropriate standards. A Designating 26 Party must take care to designate for protection only those parts of material, 27 documents, items, or oral or written communications that qualify – so that other 1 is not warranted are not swept unjustifiably within the ambit of this Order. 2 Mass, indiscriminate, or routine designations are prohibited. Designations 3 that are shown to be clearly unjustified, or that have been made for an improper 4 purpose (e.g., to unnecessarily encumber or retard the case development process, or 5 to impose unnecessary expenses and burdens on other parties), expose the 6 Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for that level of protection at all, or do not 9 qualify for the level of protection initially asserted, that Designating Party must 10 promptly notify all other parties that it is withdrawing the mistaken and/or 11 inapplicable designation and promptly reproduce documents or materials without 12 the “CONFIDENTIAL” legend to the Receiving Party. 13 5.2. Manner and Timing of Designations. Except as otherwise provided in 14 this Order, Disclosure or Discovery Material that qualifies for protection under this 15 Order must be clearly so designated before the material is disclosed or produced. 16 Designation in conformity with this Order requires the following: 17 (a) for information in documentary form (apart from transcripts of 18 depositions or other pretrial or trial proceedings, and regardless of whether produced 19 in hardcopy or electronic form), that the Producing Party affix the legend 20 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 21 or portions of the material on a page qualifies for protection, the Producing Party 22 also must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins that specifies the portion that it is “CONFIDENTIAL”). 24 The placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct 25 the substance of the page’s (or pages’) text or content. 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 1 before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 3 documents it wants copied and produced, the Producing Party must determine which 4 documents, or portions thereof, qualify for protection under this Order. Then, 5 before producing the specified documents, the Producing Party must affix the 6 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 7 portion or portions of the material on a page qualifies for protection, the Producing 8 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 9 markings in the margins). 10 (b) for testimony given in depositions, the Designating Party must identify 11 the Disclosure or Discovery Material that is protected on the record, before the close 12 of the deposition. 13 (c) for information produced in some form other than documentary, and for 14 any other tangible items (including but not limited to information produced on disc 15 or electronic data storage device), that the Producing Party affix in a prominent 16 place on the exterior of the container or containers in which the information or item 17 is stored the legend “CONFIDENTIAL.” If only portions of the information or item 18 warrant protection, the Producing Party, to the extent practicable, shall identify the 19 protected portions, specifying the material as “CONFIDENTIAL.” 20 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 21 failure to designate qualified information or items as “CONFIDENTIAL” does not, 22 standing alone, waive the Designating Party’s right to secure protection under this 23 Stipulated Protective Order for such material. If material is appropriately designated 24 as “CONFIDENTIAL” after the material was initially produced, the Receiving 25 Party, on timely notification of the designation, must make reasonable efforts to 26 assure that the material is treated in accordance with this Stipulated Protective 27 Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 2 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2. Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process (and, if necessary, file a discovery motion) under Local Rule 7 37.1. 8 6.3. The burden of persuasion in any such challenge proceeding shall be on 9 the Designating Party. Frivolous challenges, and those made for an improper 10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 11 parties) may expose the Challenging Party to sanctions. Unless the Designating 12 Party has waived or withdrawn the confidentiality designation, all parties shall 13 continue to afford the material in question the level of protection to which it is 14 entitled under the Producing Party’s designation until the Court rules on the 15 challenge. 16 If the Court rules in favor of the Challenging Party, the Designating Party 17 shall promptly reproduce documents or materials without the “CONFIDENTIAL” 18 legend to the Receiving Party. 19 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 20 Designating Party may remove Protected Material from the protections and 21 provisions of this Stipulated Protective Order at any time by any of the following 22 methods: 23 (a) Express Written Withdrawal. A Designating Party may withdraw a 24 “CONFIDENTIAL” designation made to any specified Protected Material from 25 some or all of the protections of this Stipulated Protective Order by an express 26 withdrawal in a writing signed by such Party (or such Party’s Counsel, but not 27 including staff of such Counsel) that specifies and itemizes the Disclosure or 1 be subject to the provisions of this Stipulated Protective Order. Such express 2 withdrawal shall be effective when transmitted or served upon the Receiving Party. 3 If a Designating Party is withdrawing Protected Material from the provisions/ 4 protections of this Stipulated Protective Order they must promptly reproduce 5 documents or materials without the “CONFIDENTIAL” legend to the Receiving 6 Party. 7 (b) Express Withdrawal on the Record. A Designating Party may 8 withdraw a “CONFIDENTIAL” designation made to any specified Protected 9 Material from all of the provisions/protections of this Stipulated Protective Order by 10 verbally consenting in court proceedings on the record to such withdrawal – 11 provided that such withdrawal specifies the Disclosure or Discovery Material 12 previously designated as Protected Material that shall no longer be subject to any of 13 the provisions of this Stipulated Protective Order and promptly reproduce 14 documents or materials without the “CONFIDENTIAL” legend to the Receiving 15 Party. 16 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A 17 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” 18 designation made to any specified Protected Material from all of the 19 provisions/protections of this Stipulated Protective Order by either (1) making such 20 Protected Material part of the public record – including but not limited to attaching 21 such as exhibits to any filing with the court without moving, prior to such filing, for 22 the court to seal such records; or (2) failing to timely oppose a Challenging Party’s 23 motion to remove a “CONFIDENTIAL” designation to specified Protected Material. 24 Nothing in this Stipulated Protective Order shall be construed so as to require any 25 Party to file Protected Material under seal, unless expressly specified herein. If a 26 Designating Party implicitly withdraws a “CONFIDENTIAL” designation, the 27 Designating Party shall promptly reproduce documents or materials without the 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL. 2 7.1. Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the Court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated CONFIDENTIAL 15 only to the following people: 16 (a) the Receiving Party’s Outside Counsel of record in this Action, as well 17 as employees of said Outside Counsel of Record to whom it is reasonably necessary 18 to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House Counsel) of the 20 Receiving Party to whom disclosure is reasonably necessary for this Action; 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the Court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 1 (g) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for witnesses, in the 4 action to whom disclosure is reasonably necessary , provided that the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto and the 6 witnesses will not be permitted to keep any confidential information unless they sign 7 the form, unless otherwise agreed by the Designating Party or ordered by the Court. 8 Pages of transcribed deposition testimony or exhibits to depositions that reveal 9 Protected Material must have a confidential designation affixed by the court reporter 10 to such pages containing Protected Material and such may not be disclosed to 11 anyone except as permitted under this Stipulated Protective Order; 12 (i) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions or 14 appointed by the Court. 15 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected 16 Material/Confidential Documents to persons to whom this Stipulated Protective 17 Order permits disclosure or production (see section 7.2, supra), a Receiving Party 18 shall provide a copy of this Stipulated Protective Order to such persons so as to put 19 such persons on notice as to the restrictions imposed upon them herein: except that, 20 for court reporters, Professional Vendors, and for witnesses being provided with 21 Protected Material during a deposition, it shall be sufficient notice for Counsel for 22 the Receiving Party to give the witness a verbal admonition (on the record, for 23 witnesses) regarding the provisions of this Stipulated Protective Order and such 24 provisions’ applicability to specified Protected Material at issue. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 26 PRODUCED IN OTHER LITIGATION OR SOUGHT BY PUBLIC 27 RECORDS ACT REQUEST 1 that compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 3 (a) promptly notify in writing the Designating Party, preferably (though not 4 necessarily) by electronic mail. Such notification must include a copy of the 5 subpoena or court order at issue unless prohibited by law; 6 (b) promptly notify in writing the party who caused the subpoena or order to 7 issue in the other litigation that some or all of the material covered by the subpoena 8 or order is subject to this Protective Order. Such notification shall include a copy of 9 this Stipulated Protective Order; and 10 (c) cooperate with respect to all reasonable procedures sought to be pursued 11 by the Designating Party whose Protected Material may be affected. 12 If the Designating Party timely seeks a protective order, the Party served with 13 the subpoena or court order shall not produce any information designated in this 14 action as “CONFIDENTIAL” before a determination by the court from which the 15 subpoena or order issued, unless the Party has obtained the Designating Party’s 16 permission. The Designating Party shall bear the burden and expense of seeking 17 protection in that court of its confidential material and nothing in these provisions 18 should be construed as authorizing or encouraging a Receiving Party in this action 19 to disobey a lawful directive from another court. 20 A public entity’s compliance with Public Records Act requests (which 21 includes its statutory exemptions) does not constitute a violation of this Protective 22 Order. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION. 25 (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-parties in connection with this litigation is protected by the 1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a 11 reasonably specific description of the information requested; and 12 (3) make the information requested available for inspection by the 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 21 15 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 26 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 27 to retrieve all copies of the Protected Material, (c) inform the person or persons to 1 request such person or persons execute the “Acknowledgment and Agreement to Be 2 Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL. 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other protection, 7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 8 Procedure 26(b)(5)(B). 9 12. MISCELLANEOUS & PUBLICATION PROHIBITED. 10 12.1. Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the Court in the future. 12 12.2. Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in this 15 Stipulated Protective Order. Similarly, no Party waives any right to object on any 16 ground to use in evidence of any of the material covered by this Protective Order. 17 12.3. Filing of Protected Material. A Party that seeks to file under seal any 18 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 19 only be filed under seal pursuant to a court order authorizing the sealing of the 20 specific Protected Material at issue. If a Party’s request to file Protected Material 21 under seal is denied by the court, then the Receiving Party may file the information 22 in the public record unless otherwise instructed by the court. 23 12.4. Public Dissemination of Protected Material. A Receiving Party shall 24 not publish, release, post, or disseminate Protected Material to any persons except 25 those specifically delineated and authorized by this Stipulated Protective Order (see 26 section 7, supra); nor shall a Receiving Party publish, release, leak, post, or 27 disseminate Protected Material/Confidential Documents to any news media, 1 13. FINAL DISPOSITION. 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 (DURATION). 20 /// 21 14. Any willful violation of this Order may be punished by civil or criminal 22 contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 23 other appropriate action at the discretion of the Court. 24 25 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 26 27 1||DATED: August 29, 2023 2 3 By: /s/ Tori N. Bakken 4 TONY M. SAIN TORI L. N. BAKKEN 5 ABIGAIL J. R. MCLAUGHLIN 6 Attorneys for Defendant, COUNTY OF RIVERSIDE and SALVADOR 7 WALTERMIRE 9 DATED: August 29, 2023

10 Lo. By: /s/ Marcel F. Sincich 11 DALE K. GALIPO 2 MARCEL F. SINCICH TRENTON C. PACKER 13 Attorneys for Plaintiff, EDGAR SOLIS 14 DATED: August 25, 2023 15 16 17 By: /s/ Douglas E. Baxter 18 DOUGLAS E. BAXTER Deputy Attorney General, 19 Attorney for Defendant, State of California (by and through the California Highway 20 Patrol) 21 22 03 IT IS SO ORDERED. 24 hrehlotl~ 5 || Dated: August 31, 2023 Hon. Jean P. Rosenbluth 26 UNITED STATES MAGISTRATE JUDGE 27 28

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