Estate of Scott Hultman v. County of Ventura

• Court: District Court, C.D. California
• Decided: September 10, 2021
• Docket: 2:21-cv-06280
• Status: Unknown

Opinion

1 Mark R. Pachowicz (SBN 138108) Jennie Hendrickson (SBN 144562) 2 PACHOWICZ|GOLDENRING APLC 6050 Seahawk Street 3 Ventura, CA 93003-6622 4 Tel: (805) 987-4975 / Fax: (805) 987-4980 mark@pglaw.law 5 jennie@pglaw.law 6 Attorneys for Plaintiffs, ESTATE OF SCOTT HULTMAN, DECEASED, THROUGH HIS SUCCESSOR IN INTEREST, R.H., A MINOR BY AND 7 THROUGH HIS GUARDIAN AD LITEM, REBECCA HULTMAN AND R.H., 8 INDIVIDUALLY, BY AND THROUGH HIS GUARDIAN AD LITEM REBECCA HULTMAN 9 Sonia M. Mercado (SBN 117069) 10 SONIA MERCADO & ASSOCIATES 11 5711 W. Slauson Avenue, Suite 100 Culver City, CA 90230 12 Tel: (310) 410-2981/ Fax: (747) 264-1847 13 soniamer2002@yahoo.com 14 Attorneys for Plaintiff PAULA HULTMAN, INDIVIDUALLY 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 18 ESTATE OF SCOTT HULTMAN, Case No. 2:21-cv-06280-DSF-RAOx DECEASED, THROUGH HIS Assigned to Hon. Dale S. Fischer 19 SUCCESSOR IN INTEREST, R.H., A 20 MINOR BY AND THROUGH HIS DISCOVERY MATTER GUARDIAN AD LITEM, REBECCA 21 HULTMAN, et.al. Hon. Rozella A. Oliver Plaintiffs, 22 vs. JOINT STIPULATED 23 COUNTY OF VENTURA, a public DISCOVERY PROTECTIVE 24 entity; et.al. ORDER 25 Defendants. Complaint Filed: 08/4/2021 Trial Date: None Set 26 27 28 1 | ALL THE PARTIES TO THIS STIPULATED PROTECTIVE ORDER ARE AS 2 | FOLLOWS: 3] Mark R. Pachowicz (SBN 138108) 4 | Jennie Hendrickson (SBN 144562) mark@pglaw.law 5 | jennie@pglaw.law PACHOWICZ | GOLDENRING APLC 6 | 6050 Seahawk Street 7 | Ventura, CA 93003-6622 Tel: (805) 642-6702 / Fax: (805) 805-642-3145 g | Attorneys for Plaintiffs ESTATE OF SCOTT HULTMAN, DECEASED, THROUGH HIS SUCCESSOR IN INTEREST, R.H., A MINOR BY AND 9 | THROUGH HIS GUARDIAN AD LITEM, REBECCA HULTMAN AND R.H., INDIVIDUALLY, BY AND THROUGH HIS GUARDIAN AD LITEM 10 | REBECCA HULTMAN Sonia M. Mercado (SBN 117069) D So feyalioo.com ONIA MERCADO SSOCIATES 13 | 2711 W.Slauson Ave., Suite 100 Culver City, California 90230 14 | Tel: 310.410.2981; Fax: 747-264-1841 Attorneys for Plaintiff PAULA HULTMAN 15 16 | PAUL B. BEACH (SBN 166265) beach@Ibaclaw.com i7 | JA , JR. (SBN 213796) jencheria Tac law corm 18 OCCO ZAMBITO, JR. (SBN 306115) rzambito@|baclaw.com 19 H ALLEN & CHOI, PC 100 W. Broadway, Suite 1200 0 Glendale, California 91210-1219 Tel:(818) 545-1925; Fax: (318) 545-1937 Attorneys for COUNTY OF VENTURA, VENTURA COUNTY SHERIFF’S OFFICE, SHERIFF BILL AYUB, COMMANDER MIKE HARTMANN *2 | Peter G. Bertling (SBN 131602) 73 powers certling law group. Jemma Parker Saunders (SBN 227962) □□ ERTLING LAW GROUP, INC. 25 21 East Canon Perdido Street, Suite 204B Santa Barbara, CA 93101 76 | Direct: 805-879-7558; Fax: (805) 869-1597 Attorneys for WELLPATH MANAGEMENT INC., WELLPATH LLC, LEAH 7 JAMES, R.N., SARAH ALLBRIGHT, LMFT, CRISTA ARNOLD, R.N., DARCY DENNING R.N. # 28 -2- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1] 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 | proprietary or private information for which special protection from public 4 | disclosure and from use for any purpose other than prosecuting this litigation may 5 | be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 | enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment

10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT This action is likely to involve the exchange of documents, items, or materials and other information that some of the parties maintain as confidential for which special protection from public disclosure and from use for any purpose 1D other than prosecution of this action is warranted. Such confidential and 16 proprietary materials records contain sensitive and confidential information that | derives actual or potential value from not being generally known to the public and 18 | are the subject of reasonable efforts to maintain their confidentiality. Information 19 | produced in response to discovery requests to other parties may contain 20 | confidential or proprietary information, or may disclose information concerning 21 | highly sensitive and confidential financial information, or other confidential 22 | materials, including the sensitive information of third parties. Such records may 23 | include, but may not be limited to: 24 5 1) County of Ventura Defendants - Records concerning the overall 26 || description, design and/or layout of the interior of the Ventura County Main Jail (“Pre-Trial Detention Facility”) where Decedent was housed, photographs and/or # -3- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1 | video recordings of Decedent’s entrance, housing, and movement throughout the 2 | Pre-Trial Detention Facility, and photographs and/or video recordings of all 3 | interior areas within the Pre-Trial Detention Facility that are not accessible to the 4 | general public, including the overall design and layout of inmate housing units, 5 | safety cells, initial intake and booking areas, special housing units, inmate and 6 | security personnel movement corridors, and any monitoring stations housed by jail 7 security and/or medical staff. The County of Ventura believes, in good faith, that disclosure of the above materials concerning or reflective of the design and layout 9 of interior areas within the Pre-Trial Detention Facility without a protective order may compromise the safety and privacy of Defendants’ employees and third ° parties, including jail security, medical staff, and inmates, and effect the overall " operation of the jail. The County of Ventura believes, in good faith, that materials "2 that fall within the categories outlined above are the type protected by the Official Information Privilege, the right to privacy guaranteed in the Federal Constitution and contemplated by the federal courts based upon a legitimate need for jail 15 security, safety, privacy, and operational concerns, and thus, are Confidential and 16 | protected from public disclosure. 17 Additional County of Ventura documents likely to be exchanged include 18 | materials related to or regarding peace officers’ personnel files, records related to 19 | third parties not involved in this litigation (including materials containing sensitive 20 | and/or private information regarding third parties housed at the Ventura County 21 | Jail and/or victims of crime), materials and information concerning the initial 97 | intake and classification and housing of inmates, and portions of County of 93 | Ventura policies, procedures, manuals, and/or training materials that are not 4 | publicly available and relate specifically to jail security, the classification and 95 housing of inmates, and prevention of cell assignment manipulations by inmates. 6 The County of Ventura believes, in good faith, that materials that fall within the 7 categories outlined are the type protected by the Official Information Privilege, the

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1 | right to privacy guaranteed in the Federal Constitution, First Amendment, and 2 || contemplated by the federal courts based upon the legitimate need for jail security, 3 | safety, privacy, and operational concerns, and thus, are Confidential and protected 4 | from public disclosure. 5 2) Defendants Wellpath Management and Wellpath LLC, “WELLPATH” — 6 | Records and policies, procedures, manuals and or training materials that are not 7 publicly available and may be proprietary, investigation materials which may be related to the incident at issue, and documents which potentially identify third

9 party private and confidential medical information. Wellpath believe(s), in good faith, that materials that fall within the categories outlined above are the type ° protected by the Official Information Privilege, State and Federal medical privacy " statutes including but not limited to HIPAA and the California Confidential "2 Medical Information Act (CMIA) and thus, are Confidential and protected from 1S public disclosure. 3) Plaintiffs, Estate of Scott Hultman Deceased, Minor. R.H., as Successor IS and Individually; and Paula Hultman, Individually: Medical records and tax returns 16 and other financial documents, pertaining to persons not parties to the litigation M other than in capacity as guardian ad litem; and records which may infringe upon 18 the privacy rights of third persons not parties under Article 1, section | of the 19 California Constitution, and as per State and Federal medical privacy statutes | including but not limited to HIPAA. Plaintiffs in good faith believe the same are 21 protected under the laws as provided, and are exempt from public disclosure. 22 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately 24 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 76 | and in the conduct of trial, to address their handling at the end of the litigation, and 27 | serve the ends of justice, a protective order for such information is justified in this # _5- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1 | matter. It is the intent of the parties that information will not be designated as 2 | confidential for tactical reasons and that nothing be so designated without a good 3 | faith belief that it has been maintained in a confidential, non-public manner, and 4 | there is good cause why it should not be part of the public record of this case. 5 6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 7 | SEAL 8 The parties further acknowledge, as set forth in Section 12.3, below, that 9 | this Stipulated Protective Order does not entitle them to file confidential 10 | information under seal; Local Civil Rule 79-5 sets forth the procedures that must 11 | be followed and the standards that will be applied when a party seeks permission 12 | from the court to file material under seal. 13 There 1s a strong presumption that the public has a right of access to judicial 14 | proceedings and records in civil cases. In connection with non-dispositive 15 | motions, good cause must be shown to support a filing under seal. See Kamakana 16 | v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. 17 | Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. 18 | Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 19 | protective orders require good cause showing), and a specific showing of good 20 || cause or compelling reasons with proper evidentiary support and legal justification, 21 | must be made with respect to Protected Material that a party seeks to file under 22 || seal. The parties’ mere designation of Disclosure or Discovery Material as 23 | CONFIDENTIAL does not—without the submission of competent evidence by 24 | declaration, establishing that the material sought to be filed under seal qualifies as 25 | confidential, privileged, or otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, 27 | then compelling reasons, not only good cause, for the sealing must be shown, and # -6- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 | the relief sought shall be narrowly tailored to serve the specific interest to be 2 | protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 3 | 2010). For each item or type of information, document, or thing sought to be filed 4 | or introduced under seal in connection with a dispositive motion or trial, the party 5 || seeking protection must articulate compelling reasons, supported by specific facts 6 | and legal justification, for the requested sealing order. Again, competent evidence 7 || supporting the application to file documents under seal must be provided by 8 | declaration. 9 Any document that is not confidential, privileged, or otherwise protectable 10 | in its entirety will not be filed under seal if the confidential portions can be 11 | redacted. If documents can be redacted, then a redacted version for public 12 | viewing, omitting only the confidential, privileged, or otherwise protectable 13 | portions of the document shall be filed. Any application that seeks to file 14 | documents under seal in their entirety should include an explanation of why 15 | redaction is not feasible. 16 2. DEFINITIONS 2.1 Action: Estate of Scott Hultman, deceased, et al. v. County of Ventura, et al. Case No. 2:12-cv-06280-DSF-RAO. 2.2. Challenging Party: a Party or Non-Party that challenges the ° designation of information or items under this Order. 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

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1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 2 | their support staff). 3 2.5 Designating Party: a Party or Non-Party that designates information 4 | or items that it produces in disclosures or in responses to discovery as 5 | “CONFIDENTIAL.” 6 2.6 Disclosure or Discovery Material: all items or information, regardless 7 | of the medium or manner in which it is generated, stored, or maintained (including, 8 | among other things, testimony, transcripts, and tangible things) that are produced 9 | or generated in disclosures or responses to discovery in this matter. 10 2.7 Expert: a person with specialized knowledge or experience in a 11 | matter pertinent to the litigation who has been retained by a Party or its counsel to 12 | serve as an expert witness or as a consultant in this Action. 13 2.8 House Counsel: attorneys who are employees of a party to this 14 | Action. House Counsel does not include Outside Counsel of Record or any other 15 | outside counsel. 16 2.9 Non-Party: any natural person, partnership, corporation, association 17 | or other legal entity not named as a Party to this action. 18 2.10 Outside Counsel of Record: attorneys who are not employees of a 19 | party to this Action but are retained to represent or advise a party to this Action 20 | and have appeared in this Action on behalf of that party or are affiliated with a law 21 | firm that has appeared on behalf of that party, and includes support staff. 22 2.11 Party: any party to this Action, including all of its officers, directors, 23 | employees, consultants, retained experts, and Outside Counsel of Record (and their 24 | support staffs). 25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 26 | Discovery Material in this Action. 27 #

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1 2.13 Professional Vendors: persons or entities that provide litigation 2 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 | demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 | and their employees and subcontractors. 5 2.14 Protected Material: any Disclosure or Discovery Material that is 6 | designated as “CONFIDENTIAL.” 7 2.15 Receiving Party: a Party that receives Disclosure or Discovery 8 | Material from a Producing Party. 9 10 | 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 | Protected Material (as defined above), but also (1) any information copied or 13 | extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 | compilations of Protected Material; and (3) any testimony, conversations, or 15 | presentations by Parties or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 | trial judge. This Order does not govern the use of Protected Material at trial. 18 19 | 4. DURATION 20 Once a case proceeds to trial, information that was designated as 21 | CONFIDENTIAL or maintained pursuant to this protective order used or 22 | introduced as an exhibit at trial becomes public and will be presumptively 23 | available to all members of the public, including the press, unless compelling 24 | reasons supported by specific factual findings to proceed otherwise are made to the 25 | trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 26 | (distinguishing “good cause” showing for sealing documents produced in 27 | discovery from “compelling reasons” standard when merits-related documents are # -9- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1 | part of court record). Even after final disposition of this litigation, the 2 | confidentiality obligations imposed by this Order shall remain in effect as to 3 | materials which do not become part of the court record, until a Designating Party 4 | agrees otherwise in writing or a court order otherwise directs. 5 6 | 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 | Each Party or Non-Party that designates information or items for protection under 9 | this Order must take care to limit any such designation to specific material that 10 | qualifies under the appropriate standards. The Designating Party must designate 11 | for protection only those parts of material, documents, items or oral or written 12 | communications that qualify so that other portions of the material, documents, 13 | items or communications for which protection is not warranted are not swept 14 | unjustifiably within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 | that are shown to be clearly unjustified or that have been made for an improper 17 || purpose (e.g., to unnecessarily encumber the case development process or to 18 | impose unnecessary expenses and burdens on other parties) may expose the 19 | Designating Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 | designated for protection do not qualify for protection, that Designating Party must 22 | promptly notify all other Parties that it is withdrawing the inapplicable designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided in 24 | this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 25 | stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 26 | under this Order must be clearly so designated before the material is disclosed or 27 | produced. # -10- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic 3 | documents, but excluding transcripts of depositions or other pretrial or trial 4 | proceedings), that the Producing Party affix at a minimum, the legend 5 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 | contains protected material. If only a portion of the material on a page qualifies for 7 | protection, the Producing Party also must clearly identify the protected portion(s) 8 | (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for inspection 10 | need not designate them for protection until after the inspecting Party has indicated 11 | which documents it would like copied and produced. During the inspection and 12 | before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the 14 | documents it wants copied and produced, the Producing Party must determine 15 | which documents, or portions thereof, qualify for protection under this Order. 16 | Then, before producing the specified documents, the Producing Party must affix 17 | the “CONFIDENTIAL legend” to each page that contains Protected Material. If 18 | only a portion of the material on a page qualifies for protection, the Producing 19 | Party also must clearly identify the protected portion(s) (e.g., by making 20 | appropriate markings in the margins). 21 (b) for testimony given in depositions that the Designating Party identifies 22 | the Disclosure or Discovery Material on the record, before the close of the 23 | deposition all protected testimony. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the | exterior of the container or containers in which the information is stored the legend 27 | “CONFIDENTIAL.” If only a portion or portions of the information warrants # -]1- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 || protection, the Producing Party, to the extent practicable, shall identify the 2 || protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 4 | failure to designate qualified information or items does not, standing alone, waive 5 | the Designating Party’s right to secure protection under this Order for such 6 | material. Upon timely correction of a designation, the Receiving Party must make 7 | reasonable efforts to assure that the material is treated in accordance with the 8 | provisions of this Order. 9 10 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 | designation of confidentiality at any time that is consistent with the Court’s 13 | Scheduling Order. 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 15 | resolution process under Local Rule 37.1 et seq. 16 6.3. The burden of persuasion in any such challenge proceeding shall be 17 | on the Designating Party. Frivolous challenges, and those made for an improper 18 | purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 | parties) may expose the Challenging Party to sanctions. Unless the Designating 20 | Party has waived or withdrawn the confidentiality designation, all parties shall 21 | continue to afford the material in question the level of protection to which it is 22 | entitled under the Producing Party’s designation until the Court rules on the 23 | challenge. 24 35 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that °° is disclosed or produced by another Party or by a Non-Party in connection with

this Action only for prosecuting, defending or attempting to settle this Action. -12- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 | Such Protected Material may be disclosed only to the categories of persons and 2 | under the conditions described in this Order. When the Action has been 3 | terminated, a Receiving Party must comply with the provisions of section 13 below 4 | (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 | location and in a secure manner that ensures that access is limited to the persons 7 | authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 | otherwise ordered by the court or permitted in writing by the Designating Party, a 10 | Receiving Party may disclose any information or item designated 11 | “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, 13 | as well as employees of said Outside Counsel of Record to whom it is reasonably 14 | necessary to disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) 16 | of the Receiving Party to whom disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom 18 | disclosure is reasonably necessary for this Action and who have signed the 19 | “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (d) the court and its personnel; 21 (ec) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and 23 | Professional Vendors to whom disclosure 1s reasonably necessary for this Action 24 | and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 25 | A); 26 (g) the author or recipient of a document containing the information 27 | or acustodian or other person who otherwise possessed or knew the information; # -13- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1 (h) during their depositions, witnesses, and attorneys for witnesses, in 2 | the Action to whom disclosure is reasonably necessary provided: (1) the deposing 3 || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 4 | they will not be permitted to keep any confidential information unless they sign the 5 | “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 || agreed by the Designating Party or ordered by the court. Pages of transcribed 7 | deposition testimony or exhibits to depositions that reveal Protected Material may 8 | be separately bound by the court reporter and may not be disclosed to anyone 9 || except as permitted under this Stipulated Protective Order; and 10 (1) any mediator or settlement officer, and their supporting personnel, 11 | mutually agreed upon by any of the parties engaged in settlement discussions. 12 13 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 14 IN OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation 16 | that compels disclosure of any information or items designated in this Action as 17 | “CONFIDENTIAL,” that Party must: 18 | (a) promptly notify in writing the Designating Party. Such notification shall 19 | include a copy of the subpoena or court order; 20 | (b) promptly notify in writing the party who caused the subpoena or order to issue 21 | in the other litigation that some or all of the material covered by the subpoena or 22 | order is subject to this Protective Order. Such notification shall include a copy of 23 | this Stipulated Protective Order; and 24 | (c) cooperate with respect to all reasonable procedures sought to be pursued by the 25 | Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served 27 | with the subpoena or court order shall not produce any information designated in # -14- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 | this action as “CONFIDENTIAL” before a determination by the court from which 2 | the subpoena or order issued, unless the Party has obtained the Designating Party’s 3 || permission. The Designating Party shall bear the burden and expense of seeking 4 | protection in that court of its confidential material and nothing in these provisions 5 | should be construed as authorizing or encouraging a Receiving Party in this Action 6 | to disobey a lawful directive from another court. 7 8 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a 11 | Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 12 | produced by Non-Parties in connection with this litigation is protected by the 13 | remedies and relief provided by this Order. Nothing in these provisions should be 14 | construed as prohibiting a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to 16 | produce a Non-Party’s confidential information in its possession, and the Party is 17 | subject to an agreement with the Non-Party not to produce the Non-Party’s 18 | confidential information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non- 20 | Party that some or all of the information requested is subject to a confidentiality 21 | agreement with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 24 | specific description of the information requested; and 25 (3) make the information requested available for inspection by the 26 | Non-Party, if requested. 27 # -15- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 (c) If the Non-Party fails to seek a protective order from this court within 14 2 | days of receiving the notice and accompanying information, the Receiving Party 3 || may produce the Non-Party’s confidential information responsive to the discovery 4 | request. If the Non-Party timely seeks a protective order, the Receiving Party shall 5 | not produce any information in its possession or control that is subject to the 6 || confidentiality agreement with the Non-Party before a determination by the court. 7 | Absent a court order to the contrary, the Non-Party shall bear the burden and 8 | expense of seeking protection in this court of its Protected Material. 9 10 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has 12 | disclosed Protected Material to any person or in any circumstance not authorized 13 | under this Stipulated Protective Order, the Receiving Party must immediately (a) 14 | notify in writing the Designating Party of the unauthorized disclosures, (b) use its 15 | best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 16 | the person or persons to whom unauthorized disclosures were made of all the terms 17 | of this Order, and (d) request such person or persons to execute the 18 | “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 19 | A. 20 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 25 || protection, the obligations of the Receiving Parties are those set forth in Federal 26 | Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 27 | whatever procedure may be established in an e-discovery order that provides for # -16- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 | production without prior privilege review. Pursuant to Federal Rule of Evidence 2 | 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 3 | of acommunication or information covered by the attorney-client privilege or 4 | work product protection, the parties may incorporate their agreement in the 5 | stipulated protective order submitted to the court. 6 7] 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of 9 || any person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 11 | Protective Order, no Party waives any right it otherwise would have to object to 12 | disclosing or producing any information or item on any ground not addressed in 13 | this Stipulated Protective Order. Similarly, no Party waives any right to object on 14 | any ground to use in evidence of any of the material covered by this Protective 15 | Order. 16 12.3 Filing Protected Material. A Party that seeks to file under seal any 17 | Protected Material must comply with Local Civil Rule 79-5. Protected Material 18 | may only be filed under seal pursuant to a court order authorizing the sealing of the 19 | specific Protected Material at issue. If a Party’s request to file Protected Material 20 | under seal is denied by the court, then the Receiving Party may file the information 21 | in the public record unless otherwise instructed by the court. 22 23 | 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, within 25 | 60 days of a written request by the Designating Party, each Receiving Party must 26 | return all Protected Material to the Producing Party or destroy such material. As 27 | used in this subdivision, “all Protected Material” includes all copies, abstracts, # -|7- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 || compilations, summaries, and any other format reproducing or capturing any of the 2 | Protected Material. Whether the Protected Material 1s returned or destroyed, the 3 | Receiving Party must submit a written certification to the Producing Party (and, if 4 | not the same person or entity, to the Designating Party) by the 60 day deadline that 5 | (1) identifies (by category, where appropriate) all the Protected Material that was 6 | returned or destroyed and (2) affirms that the Receiving Party has not retained any 7 || copies, abstracts, compilations, summaries or any other format reproducing or 8 | capturing any of the Protected Material. Notwithstanding this provision, Counsel 9 | are entitled to retain an archival copy of all pleadings, motion papers, trial, 10 | deposition, and hearing transcripts, legal memoranda, correspondence, deposition 11 | and trial exhibits, expert reports, attorney work product, and consultant and expert 12 | work product, even if such materials contain Protected Material. Any such 13 | archival copies that contain or constitute Protected Material remain subject to this 14 || Protective Order as set forth in Section 4 (DURATION). 15 16 | 14. VIOLATION 17 Any violation of this Order may be punished by appropriate measures 18 | including, without limitation, contempt proceedings and/or monetary sanctions. 19 | ISSO STIPULATED, THROUGH COUNSEL OF RECORD. a | Alps ele ESTATE OF SCOTEHULTMAN DECEASED. > GUARDIAN AD LITEM AND INDIVIDUALLY

23 24 | Dated: 9/9/21 PACHOWICZ|GOLDENRING 25 /s/ Jennie Hendrickson 26 27 Jennie Hendrickson # -18- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 | Attorneys for Plaintiff PAULA HULTMAN INDIVIDUALLY 2 SONIA MERCADO & ASSOCIATES 3 /s/ Sonia Mercado Dated: 9/9/21 4 Sonia M. Mercado 5 6 Attomeys for Defendants County of Ventura, Ventura County Sheriffs Office, Sheriff Bill Ayub, Commander Mike Hartmann 7 g Dated:9/9/2 1 LAWRENCE BEACH ALLEN & CHOI, PC 9 /s/ Rocco Zambito 10 James S. Eicher, Jr. Rocco Zambito, Jr. 12 Attorneys for Defendants Wellpath Management Inc., Wellpath LLC, Leah James, 13 R.N., Sarah Allbright, LMFT, Crista Arnold, R.N., Darcy Denning R.N. 14 | Dated:9/9/21 BERTLING LAW GROUP 15 /s/ Jemma Parker Saunders 16 Peter Bertling 17 Jemma Parker Saunders 18 19 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 . 71 DATED: September 10, 2021 I On , . 22 HON. ROZELLA A. OLIVER United States Magistrate Judge 23 24 25 26 27 # 28 -19- TOINT STIPTIT ATRN PROTRCTIVEA ORNER

1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 41, [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 in the case of Estate of Scott Hultman, deceased, et al. vy. County of 9 | Ventura, et al. Case No. 2:12-cv-06280-DSF-RAO. I agree to comply with and to 10 | be bound by all the terms of this Stipulated Protective Order and I understand and 11 | acknowledge that failure to so comply could expose me to sanctions and 12 | punishment in the nature of contempt. I solemnly promise that I will not disclose 13 | in any manner any information or item that is subject to this Stipulated Protective 14 | Order to any person or entity except in strict compliance with the provisions of this 15 | Order. 16 | I further agree to submit to the jurisdiction of the United States District Court for 17 | the Central District of California for enforcing the terms of this Stipulated 18 | Protective Order, even if such enforcement proceedings occur after termination of 19 | this action. I hereby appoint [print or type full 20 | name] of [print or type full 21 | address and telephone number] as my California agent for service of process in 22 | connection with this action or any proceedings related to enforcement of this 23 | Stipulated Protective Order. 24 | Date: 25 | City and State where sworn and signed: 26 | Printed name: 27 | Signature: # -20- TOINT CTIPTIT ATEN PRATECTTIVE ORNEP

1 I, Jennie Hendrickson, the filer of the document, declare that I had the 2 authority from each signatory to this document to use their electronic signature in 3 accordance with Local Rule 5-4.3.4(a)(2)(i). 4 5 Dated: By:/s/Jennie Hendrickson 6 Jennie Hendrickson, Esq. 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 # -2]- TOINT STIPTIT ATRN PROTRCTIVEA ORNER