Fahren James v. City of South Pasadena

Opinion

Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 1 of 18 Page ID #:456

1 STEVEN J. ROTHANS-STATE BAR NO. 106579 KATRINA J. VALENCIA-STATE BAR NO. 230931 2 CARPENTER, ROTHANS & DUMONT LLP 500 S. Grand Avenue, 19th Floor 3 Los Angeles, CA 90071 (213) 228-0400 / (213) 228-0401 (Fax) 4 srothans@crdlaw.com; kvalencia@crdlaw.com

5 Attorneys for Defendants CITY OF SOUTH PASADENA, a public entity, and SERGEANT MATTHEW RONNIE, SERGEANT SPENCER LOUIE, 6 SERGEANT ROBERT BARTL, erroneously named herein as RICHARD BARTL, CORPORAL RANDY WISE, and OFFICER CHRIS PEREZ, public 7 employees 8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA 10

11 FAHREN JAMES and VICTORIA ) Case No. 2:21-CV-08256-DSF-KKx PATTERSON, ) 12 ) DISCOVERY MATTER Plaintiffs. ) 13 ) v. ) STIPULATION AND JOINT 14 ) REQUEST FOR ENTRY OF CITY OF SOUTH PASADENA, ) PROTECTIVE ORDER RE 15 MATTHEW RONNIE, in his individual ) CONFIDENTIAL DOCUMENTS capacity, SPENCER LOUIE, in his ) 16 individual capacity, RICHARD ) BARTL, in his individual capacity, ) Hon. Dale S. Fischer 17 CHRIS PEREZ, in his individual ) capacity, RICHARD CHENEY, and ) [NOTE CHANGES MADE BY 18 Does 1 through 10, ) COURT] ) 19 Defendants. ) ) 20 21 By and through counsel of record in this action, Plaintiffs FAHREN JAMES and 22 VICTORIA PATTERSON (“Plaintiffs”), and Defendants CITY OF SOUTH 23 PASADENA, a public entity, and Sergeant MATTHEW RONNIE, Sergeant 24 SPENCER LOUIE, Sergeant ROBERT BARTL (erroneously named herein as 25 RICHARD BARTL), Corporal RANDY WISE, and Officer CHRIS PEREZ, public 26 employees, and RICHARD CHENEY, an individual ("Defendants") the parties in 27 this action hereby stipulate and respectfully request that the Court enter a protective 28 order re confidential or private documents -i 1n - this matter [pursuant to Fed. R. Civ. P. STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 2 of 18 Page ID #:457

1 5.2, 7, and 26, as well as U.S. Dist. Ct., C.D. Cal., Local Rules 7-1 and 52-4.1; and 2 any applicable Orders of the Court] – as follows: 3 1. A. PURPOSES AND LIMITATIONS 4 Discovery in this action is likely to involve production of confidential, 5 proprietary, or private information for which special protection from public 6 disclosure and from use for any purpose other than prosecuting this litigation may 7 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 8 enter the following Stipulated Protective Order. The parties acknowledge that this 9 Order does not confer blanket protections on all disclosures or responses to 10 discovery and that the protection it affords from public disclosure and use extends 11 only to the limited information or items that are entitled to confidential treatment 12 under the applicable legal principles. The parties further acknowledge, as set forth 13 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 14 file confidential information under seal; Civil Local Rule 79-5 sets forth the 15 procedures that must be followed and the standards that will be applied when a party 16 seeks permission from the court to file material under seal. 17 However, the parties stipulate that all medical records, other private 18 information, and personnel records of any party that are not otherwise available to 19 individuals of the public under applicable law, including but not limited to under 20 California Government Code section 6254, California Evidence Code sections 1043 21 through 1045 and California Penal Code sections 832.5 and 832.7, et seq. 22 (“Confidential Materials”) will not be distributed or conveyed, in any fashion, 23 whether by original copy, summary, note, or verbal reference, to any individual that 24 is not a named party to this litigation or counsel of record in this action, and that all 25 such records produced by the opposing party which claims confidentiality will be 26 destroyed at the close of litigation. 27 The only exception to this stipulation is for experts retained by the parties. 28 All such experts will be required to sign Exhibit “A” hereto stipulating they will not -2- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 3 of 18 Page ID #:458

1 convey or otherwise distribute, in any fashion, any Confidential Materials to any 2 other individual and that all such records will be destroyed at the close of litigation. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve confidential peace officer personnel file 5 documents, plaintiffs’ medical records, other private information, as well as personal 6 identifying information of third party witnesses (i.e. addresses, telephone numbers, 7 etc.), for which special protection from public disclosure and from use for any 8 purpose other than prosecution of this action is warranted. Such confidential, private 9 and proprietary material and information consist of, among other things, personnel 10 file information; plaintiffs’ confidential medical and/or psychotherapeutic treatment 11 information; and personal identifying information of any third party witnesses, 12 otherwise generally unavailable to the public, or which may be privileged or 13 otherwise protected from disclosure under state or federal statutes, court rules, case 14 decisions, or common law. 15 Accordingly, to expedite the flow of information, to facilitate the prompt 16 resolution of disputes over confidentiality of discovery materials, to adequately 17 protect information the parties are entitled to keep confidential, to ensure that the 18 parties are permitted reasonable necessary uses of such material in preparation for 19 and in the conduct of trial, to address their handling at the end of the litigation, and 20 serve the ends of justice, a protective order for such information is justified in this 21 matter. It is the intent of the parties that information will not be designated as 22 confidential for tactical reasons and that nothing be so designated without a good 23 faith belief that it has been maintained in a confidential, non-public manner, and 24 there is good cause why it should not be part of the public record of this case. By 25 stipulating to the terms herein parties do not waive any objections to the production 26 of records nor does this stipulation require the production of all records absent 27 objection. 28 // -3- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 4 of 18 Page ID #:459

1 2. DEFINITIONS 2 2.1 Action: This pending federal lawsuit in FAHREN JAMES, et al. v. City of 3 South Pasadena, et al., case no. 2:21-CV-08256-DSF-KK. 4 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 5 information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 6 is generated, stored or maintained) or tangible things that qualify for protection 7 under applicable law, including but not limited to Federal Rule of Civil Procedure 8 26(c), California Government Code section 6254, California Evidence Code 9 sections 1043 through 1045 and California Penal Code sections 832.5 and 832.7, et 10 seq., and as specified above in the Purposes and Limitations and Good Cause 11 Statement. 12 2.4 Counsel: House Counsel and Counsel of Record (as well as their support 13 staff). 14 2.5 Designating Party: a Party or Non-Party that designates information or items 15 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: all items or information, regardless of the 17 medium or manner in which it is generated, stored, or maintained (including, among 18 other things, testimony, transcripts, and tangible things), that are produced or 19 generated in disclosures or responses to discovery in this matter. 20 2.7 Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its counsel to serve as 22 an expert witness or as a consultant in this Action. 23 2.8 House Counsel: attorneys who are employees of a party to this Action. House 24 Counsel does not include Outside Counsel of Record or any other outside counsel. 25 2.9 Non-Party: any natural person, partnership, corporation, association, or other 26 legal entity not named as a Party to this action. 27 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 28 Action but are retained to represent or advise a party to this Action and have -4- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 5 of 18 Page ID #:460

1 appeared in this Action on behalf of that party. 2 2.11 Party: any party to this Action. 3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 4 Material in this Action. 5 2.13 Professional Vendors: persons or entities that provide litigation support 6 services (e.g., photocopying, videotaping, translating, preparing exhibits or 7 demonstrations, and organizing, storing, or retrieving data in any form or medium) 8 and their employees and subcontractors. 9 2.14 Protected Material: any Disclosure or Discovery Material that is designated 10 as “CONFIDENTIAL” and all Confidential Material under 2:15. 11 2.15 Confidential Material: all medical records, other private information, and 12 personnel records of any party that are not otherwise available to individuals of the 13 publicly available under applicable law, including but not limited to under California 14 Government Code section 6254, California Evidence Code sections 1043 through 15 1045 and California Penal Code sections 832.5 and 832.7, et seq. 16 2:16 Receiving Party: a Party that receives Disclosure or Discovery Material from 17 a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or 21 extracted from Protected Material; (2) all copies, excerpts, summaries, or 22 compilations of Protected Material; and (3) any testimony, conversations, 23 presentations, or verbal communications by Parties or their Counsel that might 24 reveal Protected Material. Any use of Protected Material at trial shall be governed 25 by the orders of the trial judge. This Order does not govern the use of Protected 26 Material at trial. 27 4. DURATION 28 A. Disposition Prior to Trial -5- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 6 of 18 Page ID #:461

1 Should this matter resolve prior to trial, the confidentiality obligations 2 imposed by this Order shall remain in effect until a Designating Party agrees 3 otherwise in writing or a court order otherwise directs. Final disposition shall be 4 deemed the dismissal of all claims and defenses in this Action, with or without 5 prejudice, and the entry of a judgment herein. Upon final disposition all Confidential 6 Material shall be destroyed. 7 B. Trial 8 Once a case proceeds to trial, all of the court-filed information that is to be 9 introduced that was previously designated as confidential or maintained pursuant to 10 this protective Order, not including Confidential Materials, becomes public and will 11 be presumptively available to all members of the public, including the press, unless 12 compelling reasons supported by specific factual findings to proceed otherwise are 13 made to the trial judge in advance of the trial. See, Hagestad v. Tragesser, 49 F.3d 14 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc. v. U.S. District Court – 15 Northern District, 187 F.3d 1096, 1102 (9th Cir. 1999); Kamakana v. City of and 16 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)[distinguishing “good 17 cause” showing for sealing documents produced in discovery from “compelling 18 reasons” standard when merits-related documents are part of court record]. 19 Accordingly, the terms of this protective order do not extend beyond the 20 commencement of the trial as to those documents introduced at trial only. 21 Documents not introduced at trial or documents entered under seal shall 22 remain confidential until a Designating Party agrees otherwise in writing or a court 23 order otherwise directs. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under 27 this Order must take care to limit any such designation to specific material that 28 qualifies under the appropriate standards. The Designating Party must designate for -6- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 7 of 18 Page ID #:462

1 protection only those parts of material, documents, items, or oral or written 2 communications that qualify so that other portions of the material, documents, items, 3 or communications for which protection is not warranted are not swept unjustifiably 4 within the ambit of this Order. 5 Mass, indiscriminate, or routinized designations are prohibited. Designations 6 that are shown to be clearly unjustified or that have been made for an improper 7 purpose (e.g., to unnecessarily encumber the case development process or to impose 8 unnecessary expenses and burdens on other parties) will expose the Designating 9 Party to sanctions in an amount subject to the Court’s discretion. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in this 14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) For information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion or portions of the material on a page 24 qualifies for protection, the Producing Party also must clearly identify the protected 25 portion(s) (e.g., by making appropriate markings in the margins). All Confidential 26 Materials shall be deemed confidential regardless of designation. 27 A Party or Non-Party that makes original documents available for inspection 28 need not designate them for protection until after the inspecting Party has indicated -7- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 8 of 18 Page ID #:463

1 which documents it would like copied and produced. During the inspection and 2 before the designation, all of the material made available for inspection shall be 3 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 4 documents it wants copied and produced, the Producing Party must determine which 5 documents, or portions thereof, qualify for protection under this Order. Then, before 6 producing the specified documents, the Producing Party must affix the 7 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 8 portion or portions of the material on a page qualifies for protection, the Producing 9 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins). 11 (b) For testimony given in depositions that the Designating Party identify 12 the Disclosure or Discovery Material on the record, before the close of the deposition 13 all protected testimony. 14 (c) For information produced in some form other than documentary and 15 for any other tangible items, that the Producing Party affix in a prominent place on 16 the exterior of the container or containers in which the information is stored the 17 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants 18 protection, the Producing Party, to the extent practicable, shall identify the protected 19 portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 21 to designate qualified information or items does not, standing alone, waive the 22 Designating Party’s right to secure protection under this Order for such material. 23 Upon timely correction of a designation, the Receiving Party must make reasonable 24 efforts to assure that the material is treated in accordance with the provisions of this 25 Order. 26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 28 of confidentiality at any time that is consistent with the Court’s Scheduling Order -8- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 9 of 18 Page ID #:464

1 and associated deadlines other than Confidential Materials. 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 3 process under Local Rule 37.1 et seq. 4 6.3 The burden of persuasion in any such challenge proceeding shall be on the 5 Designating Party. Frivolous challenges, and those made for an improper purpose 6 (e.g., to harass or impose unnecessary expenses and burdens on other parties) will 7 expose the Challenging Party to sanctions. Unless the Designating Party has waived 8 or withdrawn the confidentiality designation, all parties shall continue to afford the 9 material in question the level of protection to which it is entitled under the Producing 10 Party’s designation until the Court rules on the challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action for prosecuting, defending, or attempting to settle this Action only. Such 15 Protected Material may be disclosed only to the categories of persons and under the 16 conditions described in this Order which include named Parties, Counsel of Record 17 that have appeared in this Action on behalf of a Party, House Counsel, and experts 18 that have signed Exhibit “A”. When the Action has been terminated, a Receiving 19 Party must comply with the provisions of section 13 below (FINAL DISPOSITION) 20 and destroy all Confidential Materials. 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. The terms of the protective order do not apply to the 24 Court and court personnel, who are subject only to the court’s internal procedures 25 regarding the handling of material filed or lodged, including material filed or lodged 26 under seal. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 28 ordered by the court or permitted in writing by the Designating Party, a Receiving -9- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 10 of 18 Page ID #:465

1 Party may disclose any information or item designated “CONFIDENTIAL” only to: 2 (a) The Receiving Party’s Counsel of Record in this Action, as well as 3 employees of said Counsel of Record to whom it is reasonably necessary to disclose 4 the information for this Action and House Counsel; 5 (b) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (c) The court and its personnel; 9 (d) Court reporters and their staff; 10 (e) Professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (f) The author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (g) During their depositions, witnesses, and attorneys for witnesses, in the 16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 17 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 18 not be permitted to keep any confidential information unless otherwise agreed by 19 the Designating Party or ordered by the court. Pages of transcribed deposition 20 testimony or exhibits to depositions that reveal Protected Material may be separately 21 bound by the court reporter and may not be disclosed to anyone except as permitted 22 under this Stipulated Protective Order; and 23 (i) Any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 26 PRODUCED IN OTHER LITIGATION 27 28 -10- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 11 of 18 Page ID #:466

1 If a Party is served with a subpoena or a court order issued in other litigation 2 that compels disclosure of any information or items designated in this Action as 3 “CONFIDENTIAL,” that Party must: 4 (a) Promptly notify in writing the Designating Party. Such notification 5 shall include a copy of the subpoena or court order; 6 (b) Promptly notify in writing the party who caused the subpoena or order 7 to issue in the other litigation that some or all of the material covered by the 8 subpoena or order is subject to this Protective Order. Such notification shall include 9 a copy of this Stipulated Protective Order; and 10 (c) Cooperate with respect to all reasonable procedures sought to be 11 pursued by the Designating Party whose Protected Material may be affected. If the 12 Designating Party timely seeks a protective order, the Party served with the 13 subpoena or court order shall not produce any information designated in this action 14 as “CONFIDENTIAL” before a determination by the court from which the subpoena 15 or order issued, unless the Party has obtained the Designating Party’s permission. 16 The Designating Party shall bear the burden and expense of seeking protection in 17 that court of its confidential material and nothing in these provisions should be 18 construed as authorizing or encouraging a Receiving Party in this Action to disobey 19 a lawful directive from another court. 20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 21 PRODUCED IN THIS LITIGATION 22 (a) The terms of this Order are applicable to information produced by a 23 Non-Party in this Action and designated as “CONFIDENTIAL,” so long as it meets 24 the definition to Confidential Material stated herein. Such information produced by 25 Non-Parties in connection with this litigation is protected by the remedies and relief 26 provided by this Order. Nothing in these provisions should be construed as 27 prohibiting a Non-Party from seeking additional protections. 28 -11- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 12 of 18 Page ID #:467

1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) Promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a 7 confidentiality agreement with a Non-Party; 8 (2) Promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a 10 reasonably specific description of the information requested; and 11 (3) Make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party 15 may produce the Non-Party’s confidential information responsive to the discovery 16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 17 not produce any information in its possession or control that is subject to the 18 confidentiality agreement with the Non-Party before a determination by the court. 19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 20 of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 27 or persons to whom unauthorized disclosures were made of all the terms of this 28 -12- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 13 of 18 Page ID #:468

1 Order, and (d) request such person or persons to execute the “Acknowledgment and 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 // 6 When a Producing Party gives notice to Receiving Parties that certain inadvertently 7 produced material is subject to a claim of privilege or other protection, the 8 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 person to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in this 22 Stipulated Protective Order. Similarly, no Party waives any right to object on any 23 ground to use in evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 25 Material must comply with Civil Local Rule 79-5. Protected Material may only be 26 filed under seal pursuant to a court order authorizing the sealing of the specific 27 Protected Material at issue. If a Party's request to file Protected Material under seal 28 -13- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 14 of 18 Page ID #:469

1 is denied by the court, then the Receiving Party may file the information in the public 2 record unless otherwise instructed by the court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 4, each 5 Receiving Party must destroy such material and confirm such action has been taken 6 in writing to Producing Party. As used in this subdivision, “all Protected Material” 7 includes all copies, abstracts, compilations, summaries, and any other format 8 reproducing or capturing any of the Protected Material. Whether the Protected 9 Material is returned or destroyed, the Receiving Party must submit a written 10 certification to the Producing Party (and, if not the same person or entity, to the 11 Designating Party) by the 60 day deadline that (1) identifies (by category, where 12 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 13 that the Receiving Party has not retained any copies, abstracts, compilations, 14 summaries or any other format reproducing or capturing any of the Protected 15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 18 work product, and consultant and expert work product, even if such materials 19 contain Protected Material. Any such archival copies that contain or constitute 20 Protected Material remain subject to this Protective Order as set forth in Section 4 21 (DURATION). 22 14. Any violation of this Order will be punished by any and all appropriate 23 measures including, without limitation, contempt proceedings and monetary 24 sanctions at the discretion of the Court. 25 26 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

28 -14- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 15 of 18 Page ID #:470

1 INTENTIONALLY BLANK 2 DATED: July 14, 2022 CARPENTER, ROTHANS & DUMONT LLP 3 4 5 By: /s/ Katrina J. Valencia STEVEN J. ROTHANS 6 KATRINA J. VALENCIA 7 Attorneys for Defendants CITY OF SOUTH PASADENA, a public entity, and SERGEANT 8 MATTHEW RONNIE, SERGEANT SPENCER LOUIE, SERGEANT ROBERT 9 BARTL, erroneously named herein as RICHARD BARTL, CORPORAL RANDY 10 WISE, and OFFICER CHRIS PEREZ, public employees 11

12 DATED: July 14, 2022 HOQ LAW 13 14 By: /s/ Laboni A. Hoq 15 LABONI A. HOQ, ESQ. Attorneys for Plaintiffs 16 FAHREN JAMES and VICTORIA PATTERSON 17

18 DATED: July 14, 2022 SCHONBRUN SEPLOW HARRIS HOFFMAN & ZELDES LLP 19 20 By: /s/ Wilmer Harris 21 WILMER HARRIS, ESQ. Attorneys for Plaintiffs 22 FAHREN JAMES and VICTORIA PATTERSON 23

24 25 26 27 28 -15- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 16 of 18 Page ID #:471

1 DATED: July 14, 2022 V. JAMES DESIMONE LAW 2 3 By: /s/ James Desimone 4 V. JAMES DESIMONE, ESQ. Attorneys for Plaintiffs 5 FAHREN JAMES and VICTORIA PATTERSON 6

8 DATED: July 14, 2022 9 10 By: /s/ Richard Cheney 11 RICHARD CHENEY, Defendant Pro Per

12 13 ATTESTATION CLAUSE 14 15 Pursuant to Local Rule 5-4.3.4(a)(2)(i), the ECF filer set forth below, Katrina J. Valencia, attests that all other signatories listed, and on whose behalf the filing is 16 submitted, concur in the filing’s content and have authorized the filing. 17 Dated: July 13, 2022 By: /s/ Katrina J. Valencia_____ 18 Katrina J. Valencia

20 21 22 23 24 25 26 27 28 -16- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS Case 2:41-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 17of18 Page ID #:472

| || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 aly 3 || DATED: July 14, 2022 4 US. MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS

Case 2:21-cv-08256-DSF-KK Document 41 Filed 07/14/22 Page 18 of 18 Page ID #:473

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 __________________________________________________________________ 5 [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United 6 States District Court for the Central District of California on [date] in the case of 7 FAHREN JAMES, et al. v. CITY OF SOUTH PASADENA, et.al. CASE NO. 2:21- 8 CV-08256-DSF-KK. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity. I further agree 13 to submit to the jurisdiction of the United States District Court for the Central 14 District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of 16 this action. I hereby appoint __________________________ [print or type full 17 name]of____________________________________________________________ 18 _____ [print or type full address and telephone number] as my California agent for 19 service of process in connection with this action or any proceedings related to 20 enforcement of this Stipulated Protective Order. 21 Date: ________________________________________________________ 22 City/State where sworn and signed: ________________________________ 23 Printed name: _________________________________________________ 24 Signature: ____________________________________________________ 25 26 27 28 -18- STIPULATION AND JOINT REQUEST FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS