Frank Benavente v. Albert Alvarado

• Court: District Court, C.D. California
• Decided: May 19, 2023
• Docket: 5:23-cv-00266
• Status: Unknown

Opinion

1 LAW OFFICES OF DALE K. GALIPO Dale K. Galipo, Esq. (SBN 144074) 2 dalekgalipo@yahoo.com Marcel F. Sincich, Esq. (SBN 319508) 3 msincich@galipolaw.com Benjamin S. Levine, Esq. (SBN 342060) 4 blevine@galipolaw.com 21800 Burbank Boulevard, Suite 310 5 Woodland Hills, CA 91367 Telephone: (818) 347-3333 6 Facsimile: (818) 347-4118 7 Attorneys for Plaintiffs, FRANK BENAVENTE and 8 NICOLE VENTRESS

9 James R. Touchstone, SBN 184584 jrt@jones-mayer.com 10 Denise L. Rocawich, SBN 232792 dlr@jones-mayer.com 11 JONES MAYER 3777 North Harbor Boulevard 12 Fullerton, CA 92835 Telephone: (714) 446-1400 13 Facsimile: (714) 446-1448

14 Attorneys for Defendants CITY OF ONTARIO and ALBERT ALVARADO 15

16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 FRANK BENAVENTE; and Case No. 5:23-cv-00266-SSS-KK NICOLE VENTRESS, Judge: Hon. Sunshine S. Sykes 20 Magistrate Judge: Hon. Kenly Kiya Kato 21 Plaintiffs, 22 vs. [PROPOSED] STIPULATED 23 PROTECTIVE ORDER

24 ALBERT ALVARADO; CITY OF [NOTE CHANGES MADE BY COURT] 25 ONTARIO; and DOES 1 through 10, inclusive, 26 Defendants. 27

28 1 [PROPOSED] STIPULATED PROTECTIVE ORDER 2 Pursuant to Federal Rule of Civil Procedure 26(c), Defendants, ALBERT 3 ALVARADO and CITY OF ONTARIO, and Plaintiff FRANK BENAVENTE and 4 NICOLE VENTRESS (collectively "the Parties"), by their undersigned counsel, 5 agree to be bound to the terms of the following Protective Order. The Parties 6 represent that pre-trial discovery in this case is likely to include the production of 7 information and/or documents that are confidential and/or privileged including the 8 production of peace officer personnel file information and/or documents which the 9 Parties agree includes: (1) Personal data, including marital status, family members, 10 educational and employment history, home addresses, or similar information; (2) 11 Medical history; (3) Election of employee benefits; (4) Employee advancement, 12 appraisal, or discipline; and (5) Complaints, or investigations of complaints, 13 concerning an event or transaction in which a peace officer participated, or which a 14 peace officer perceived, and pertaining to the manner in which the peace officer 15 16 performed his or her duties including compelled statements by peace officers unless 17 specifically denoted as “not confidential” pursuant to Penal Code section 832.7. 18 Defendants contend that such information is privileged as official information. 19 Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 1990); see also 20 Kerr v. United States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975), aff'd, 21 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Further, discovery may require 22 the production of certain San Bernardino County Sheriffs’ Office Policies and 23 Procedures not available to the public and the public disclosure of which could 24 comprise officer safety, raise security issues, and/or impede investigations. Peace 25 officer personnel file information and/or documents and security-sensitive policies 26 and procedures are hereinafter referred to as "Confidential Information". 27 Defendants contend that that public disclosure of such material poses a 28 substantial risk of embarrassment, oppression and/or physical harm to peace officers 1 whose Confidential Information is disclosed. The Parties further agree that the risk 2 of harm to peace officers is greater than with other government employees due to 3 the nature of their profession. Finally, the Defendants contend that the benefit of 4 public disclosure of Confidential Information is minimal while the potential 5 disadvantages are great. 6 Accordingly, good cause exists for entry of this Protective Order to facilitate 7 pre-trial disclosure while assuring the safety of these sensitive disclosures. See Fed. 8 R. Civ. Proc. 26(c). 9

10 SO STIPULATED 11

12 Respectfully submitted, 13

14 Dated: May 18, 2023 LAW OFFICE OF DALE K. GALIPO 15

16 By s/Marcel F. Sincich 17 Dale K. Galipo 18 Marcel F. Sincich 19 Benjamin S. Levine Attorneys for Plaintiffs, 20 FRANK BENAVENTE and 21 NICOLE VENTRESS

23 Dated: May 18, 2023 JONES MAYER 24

25 By: s/Denise L. Rocawich 26 JAMES R. TOUCHSTONE DENISE L. ROCAWICH 27 Attorneys for Defendants, 28 CITY OF ONTARIO and ALBERT 1 [PROPOSED] STIPULATED PROTECTIVE ORDER 2 PER THE STIPULATION OF THE PARTIES AND GOOD CAUSE 3 APPEARING, IT IS HEREBY ORDERED that the terms and conditions of this 4 Protective Order shall govern the handling of Discovery Materials containing 5 Confidential Information in matter of Frank Benavente et al. v. City of Ontario et 6 al., Case No.: 5:23-cv-00266-SSS-KK ("the Litigation"): 7

8 1. A. PURPOSES AND LIMITATIONS 9 Discovery in this action is likely to involve production of confidential, 10 proprietary, or private information for which special protection from public 11 disclosure and from use for any purpose other than prosecuting this litigation may 12 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 13 enter the following Stipulated Protective Order. The parties acknowledge that this 14 Order does not confer blanket protections on all disclosures or responses to 15 discovery and that the protection it affords from public disclosure and use extends 16 only to the limited information or items that are entitled to confidential treatment 17 under the applicable legal principles. The parties further acknowledge, as set forth in 18 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 19 file confidential information under seal; Civil Local Rule 79-5 sets forth the 20 procedures that must be followed and the standards that will be applied when a party 21 seeks permission from the court to file material under seal. 22

23 B. GOOD CAUSE STATEMENT 24 Pursuant to Federal Rule of Civil Procedure 26(c), the Court recognizes that 25 pre-trial discovery in this case is likely to include the production of information 26 and/or documents that are confidential and/or privileged including the production of 27 peace officer personnel file information and/or documents which the Court agrees 28 includes: (1) Personal data, including marital status, family members, educational 1 and employment history, home addresses, or similar information; (2) Medical 2 history; (3) Election of employee benefits; (4) Employee advancement, appraisal, or 3 discipline; and (5) Complaints, or investigations of complaints, concerning an event 4 or transaction in which a peace officer participated, or which a peace officer 5 perceived, and pertaining to the manner in which the peace officer performed his or 6 her duties including compelled statements by peace officers except such information 7 as is deemed “not confidential” pursuant to Penal Code section 832.7. Such 8 information is privileged as official information. Sanchez v. City of Santa Ana, 936 9 F.2d 1027, 1033 (9th Cir. Cal. 1990); see also Kerr v. United States Dist. Ct. for 10 N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975), aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 11 L.Ed.2d 725 (1976). Further, the Court recognizes that discovery may require the 12 production of certain West Covina Police Department Policies and Procedures not 13 available to the public and the public disclosure of which could comprise officer 14 safety, raise security issues, and/or impede investigations. Peace officer personnel 15 file information and/or documents and security-sensitive policies and procedures are 16 hereinafter referred to as "Confidential Information" or “Protected Material”. 17 Public disclosure of such material poses a substantial risk of embarrassment, 18 oppression and/or physical harm to peace officers whose Confidential Information is 19 disclosed. Additionally, the risk of harm to peace officers is greater than with other 20 government employees due to the nature of their profession. Finally, the benefit of 21 public disclosure of Confidential Information is minimal while the potential 22 disadvantages are great. Accordingly, good cause exists for entry of this Protective 23 Order to facilitate pre-trial disclosure while assuring the safety of these sensitive 24 disclosures. See Fed. R. Civ. Proc. 26(c). 25 26 2. DEFINITIONS 27 2.1 Action: Frank Benavente et al. v. City of Ontario et al., Case No.: 28 5:23-cv-00266-SSS-KK, pending before the United States District Court, Central 1 District of California. 2 2.2 Challenging Party: a Party or Non-Party that challenges the 3 designation of information or items under this Order. 4 2.3 “CONFIDENTIAL” Information or Items: information (regardless 5 of how it is generated, stored or maintained) or tangible things that qualify for 6 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 7 the Good Cause Statement. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well 9 as their support staff). 10 2.5 Designating Party: a Party or Non-Party that designates 11 information or items that it produces in disclosures or in responses to discovery as 12 “CONFIDENTIAL.” 13 2.6 Disclosure or Discovery Material: all items or information, 14 regardless of the medium or manner in which it is generated, stored, or maintained 15 (including, among other things, testimony, transcripts, and tangible things), that are 16 produced or generated in disclosures or responses to discovery in this matter. 17 2.7 Expert: a person with specialized knowledge or experience in a 18 matter pertinent to the litigation who has been retained by a Party or its counsel to 19 serve as an expert witness or as a consultant in this Action. 20 2.8 House Counsel: attorneys who are employees of a party to this 21 Action. House Counsel does not include Outside Counsel of Record or any other 22 outside counsel. 23 2.9 Non-Party: any natural person, partnership, corporation, 24 association, or other legal entity not named as a Party to this action. 25 2.10 Outside Counsel of Record: attorneys who are not employees of a 26 party to this Action but are retained to represent or advise a party to this Action and 27 have appeared in this Action on behalf of that party or are affiliated with a law firm 28 which has appeared on behalf of that party and includes support staff. 1 2.11 Party: any party to this Action, including all of its officers, 2 directors, employees, consultants, retained experts, and Outside Counsel of Record 3 (and their support staffs). 4 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 6 2.13 Professional Vendors: persons or entities that provide litigation 7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10 2.14 Protected Material: any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL.” 12 2.15 Receiving Party: a Party that receives Disclosure or Discovery 13 Material from a Producing Party. 14 15 3. SCOPE 16 The protections conferred by this Stipulation and Order cover not only 17 Protected Material (as defined above), but also (1) any information copied or 18 extracted from Protected Material; (2) all copies, excerpts, summaries, or 19 compilations of Protected Material; and (3) any testimony, conversations, or 20 presentations by Parties or their Counsel that might reveal Protected Material. Any 21 use of Protected Material at trial shall be governed by the orders of the trial judge. 22 This Order does not govern the use of Protected Material at trial. 23

24 4. DURATION 25 Once a case proceeds to trial, all the information that was designated as 26 confidential or maintained under this Order becomes public and will be 27 presumptively available to all members of the public, including the press, unless the 28 trial judge finds compelling reasons to proceed otherwise. See Kamakana v. City & 1 Cnty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good 2 cause” showing for sealing documents produced in discovery from “compelling 3 reasons” needed for merits-related documents). Accordingly, the terms of this 4 Order do not extend beyond the beginning of trial. 5 Even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order will remain in effect until a Designating Party agrees 7 otherwise in writing or a court order otherwise directs. Final disposition is the later 8 of (1) dismissal of all claims and defenses in this Action, with or without prejudice, 9 or (2) final judgment after the completion and exhaustion of all appeals, rehearings, 10 remands, trials, or reviews of this Action, including the time limits for filing any 11 motions or applications for extension of time under applicable law. 12

13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Each Party or Nonparty that designates information or items for 15 16 protection under this Order must take care to limit any such designation to specific 17 material that qualifies under the appropriate standards. The Designating Party must 18 designate for protection only those parts of material, documents, items, or oral or 19 written communications that qualify so that other portions of the material, 20 documents, items, or communications for which protection is not warranted are not 21 swept unjustifiably within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations 23 that are shown to be clearly unjustified or that have been made for an improper 24 purpose (for example, to unnecessarily encumber the case-development process or 25 to impose unnecessary expenses and burdens on other parties) may expose the 26 Designating Party to sanctions. 27 If it comes to a Designating Party’s attention that information or items it 28 designated for protection do not qualify for that level of protection, that Designating 1 Party must promptly notify all other Parties that it is withdrawing the inapplicable 2 designation. 3 5.2 Except as otherwise provided in this Order, Disclosure or 4 Discovery Material that qualifies for protection under this Order must be clearly so 5 designated before the material is disclosed or produced. Designation in conformity 6 with this Order requires the following: 7 (a) for information in documentary form (for example, paper or electronic 8 documents but excluding transcripts of depositions or other pretrial or trial 9 proceedings), the Producing Party must affix at a minimum the legend 10 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 11 or portions of the material on a page qualify for protection, the Producing Party 12 must clearly identify the protected portion(s) (for example, by making appropriate 13 markings in the margins). 14 A Party or Nonparty that makes original documents available for inspection 15 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all material made available for inspection must be treated as 19 “CONFIDENTIAL.” After the inspecting Party has identified the documents, it 20 wants copied and produced, the Producing Party must determine which documents, 21 or portions thereof, qualify for protection under this Order. Then, before producing 22 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 23 legend to each page that contains Protected Material. If only a portion or portions of 24 the material on a page qualify for protection, the Producing Party also must clearly 25 identify the protected portion(s) (for example, by making appropriate markings in 26 the margins). 27 (b) for testimony given in depositions, the Designating Party must identify 28 the Disclosure or Discovery Material that is protected on the record, before the close 1 of the deposition. 2 (c) for information produced in some form other than documentary and for 3 any other tangible items, the Producing Party must affix in a prominent place on the 4 exterior of the container or containers in which the information is stored the legend 5 “CONFIDENTIAL.” If only a portion or portions of the information warrant 6 protection, the Producing Party, to the extent practicable, must identify the protected 7 portion(s). 8 5.3 If timely corrected, an inadvertent failure to designate qualified 9 information or items does not, standing alone, waive the Designating Party’s right to 10 secure protection under this Order for that material. On timely correction of a 11 designation, the Receiving Party must make reasonable efforts to assure that the 12 material is treated in accordance with the provisions of this Order. 13

14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 16 6.1 Any Party or Nonparty may challenge a designation of 17 confidentiality at any time consistent with the Court’s scheduling order. 18 6.2 The Challenging Party must initiate the dispute-resolution 19 process (and, if necessary, file a discovery motion) under Local Rule 37. 20 6.3 The burden of persuasion in any such proceeding is on the 21 Designating Party. Frivolous challenges, and those made for an improper purpose 22 (for example, to harass or impose unnecessary expenses and burdens on other 23 parties), may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties must 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 A Receiving Party may use Protected Material that is disclosed 3 or produced by another Party or by a Nonparty in connection with this Action only 4 for prosecuting, defending, or attempting to settle this Action. Such Protected 5 Material may be disclosed only to the categories of people and under the conditions 6 described in this Order. When the Action has been terminated, a Receiving Party 7 must comply with the provisions of Section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a manner sufficiently secure to ensure that access is limited to the 10 people authorized under this Order. 11 7.2 Unless otherwise ordered by the Court or permitted in writing by 12 the Designating Party, a Receiving Party may disclose any information or item 13 designated “CONFIDENTIAL” only to the following people: 14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 15 16 as employees of that Outside Counsel of Record to whom it is reasonably necessary 17 to disclose the information for this Action; 18 (b) the officers, directors, and employees (including House Counsel) of the 19 Receiving Party to whom disclosure is reasonably necessary for this Action; 20 (c) Experts (as defined in this Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the Court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and Professional 26 Vendors to whom disclosure is reasonably necessary for this Action and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 (g) the author or recipient of a document containing the information or a 1 custodian or other person who otherwise possessed or knew the information; 2 (h) during their depositions, witnesses and attorneys for witnesses to whom 3 disclosure is reasonably necessary, provided that the deposing party requests that the 4 witness sign the form attached as Exhibit A hereto and the witnesses will not be 5 permitted to keep any confidential information unless they sign the form, unless 6 otherwise agreed by the Designating Party or ordered by the Court. Pages of 7 transcribed deposition testimony or exhibits to depositions that reveal Protected 8 Material may be separately bound by the court reporter and may not be disclosed to 9 anyone except as permitted under this Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed on by any of the Parties engaged in settlement discussions or 12 appointed by the Court. 13

14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 15 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification must 21 include a copy of the subpoena or court order unless prohibited by law; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena 24 or order is subject to this Protective Order. Such notification must include a copy of 25 this Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued 27 by the Designating Party whose Protected Material may be affected. 28 If the Designating Party timely seeks a protective order, the Party served with 1 the subpoena or court order should not produce any information designated in this 2 action as “CONFIDENTIAL” before a determination on the protective-order request 3 by the relevant court unless the Party has obtained the Designating Party’s 4 permission. The Designating Party bears the burden and expense of seeking 5 protection of its Confidential Material, and nothing in these provisions should be 6 construed as authorizing or encouraging a Receiving Party in this Action to disobey 7 a lawful directive from another court. 8

9 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a 12 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 13 protected by the remedies and relief provided by this Order. Nothing in these 14 provisions should be construed as prohibiting a Nonparty from seeking additional 15 16 protections. 17 (b) In the event that a Party is required by a valid discovery request to 18 produce a Nonparty’s Confidential Information in its possession and the Party is 19 subject to an agreement with the Nonparty not to produce the Nonparty’s 20 Confidential Information, then the Party must: 21 (1) promptly notify in writing the Requesting Party and the Nonparty 22 that some or all of the information requested is subject to a 23 confidentiality agreement with a Nonparty; 24 (2) promptly provide the Nonparty with a copy of this Order, the 25 relevant discovery request(s), and a reasonably specific description of 26 the information requested; and 27 (3) make the information requested available for inspection by the 28 Nonparty, if requested. 1 (c) If the Nonparty fails to seek a protective order within 21 days of receiving 2 the notice and accompanying information, the Receiving Party may produce the 3 Nonparty’s Confidential Information responsive to the discovery request. If the 4 Nonparty timely seeks a protective order, the Receiving Party must not produce any 5 information in its possession or control that is subject to the confidentiality 6 agreement with the Nonparty before a ruling on the protective-order request. 7 Absent a court order to the contrary, the Nonparty must bear the burden and expense 8 of seeking protection 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 disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Order, the Receiving Party must immediately notify the Designating Party in writing 14 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized 15 16 copies of the Protected Material, inform the person or people to whom unauthorized 17 disclosures were made of the terms of this Order, and ask that person or people to 18 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 19 as Exhibit A. 20 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 22 OTHERWISE PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 26 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 27 Procedure 26(b)(5)(B). 28 1 12. MISCELLANEOUS 2 12.1 Nothing in this Order abridges the right of any person to seek its 3 modification by the Court. 4 12.2 Under this Order, no Party waives any right it otherwise would 5 have to object to disclosing or producing any information or item on any ground not 6 addressed in this Order. Similarly, no Party waives any right to object on any ground 7 to use in evidence of any of the material covered by this Order. 8 12.3 A Party that seeks to file under seal any Protected Material must 9 comply with Civil Local Rule 79-5. Protected Material may be filed under seal only 10 pursuant to a court order authorizing the sealing of the specific Protected Material at 11 issue. If a Party's request to file Protected Material under seal is denied, then the 12 Receiving Party may file the information in the public record unless otherwise 13 instructed by the Court. 14

15 16 13. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in 20 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving 23 Party must submit a written certification to the Producing Party (and, if not the same 24 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 25 category, when appropriate) all the Protected Material that was returned or 26 destroyed and affirms that the Receiving Party has not retained any copies, abstracts, 27 compilations, summaries, or any other format reproducing or capturing any of the 28 Protected Material. Notwithstanding this provision, Counsel is entitled to retain an ! | archival copy of all pleadings; motion papers; trial, deposition, and hearing 2 || transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 3 reports; attorney work product; and consultant and expert work product even if such 4 | materials contain Protected Material. Any such archival copies that contain or > | constitute Protected Material remain subject to this Order as set forth in Section 4 © | DURATION). 7 ° 14. SANCTIONS Any willful violation of this Order may be punished by civil or criminal

contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or other appropriate action at the discretion of the Court. 13 14 15 IT IS SO ORDERED. 16 17 || Dated: May 19, 2023 18 19 Co ye > Hon. Kertfy Kiya Kato UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28

16 Case No. 5:23-cv-00266-SSS-KK

1 EXHIBIT "A"TO STIPULATED PROTECTIVE ORDER

2 UNITED STATES DISTRICT COURT 3 CENTRAL DISTRICT OF CALIFORNIA 4 5 FRANK BENAVENTE; and Case No: 5:23-cv-00266-SSS-KK NICOLE VENTRESS, 6

7 Plaintiffs, AGREEMENT CONCERNING 8 INFORMATION COVERED BY vs. STIPULATED PROTECTIVE 9 ORDER 10 ALBERT ALVARADO; CITY OF 11 ONTARIO; and DOES 1 through 10, inclusive, 12 Defendants. 13

14 15 1. I, __________________________________, hereby acknowledge that 16 I have received a copy of the Stipulated Protective Order entered in this Litigation 17 [Case No: 5:23-cv-00266-SSS-KK] by the United States District Court for the 18 Central District of California (hereinafter, “the Protective Order”). 19 2. I have either read the Protective Order or have had the terms of the 20 Protective Order explained to me by my attorney. 21 3. I understand the terms of the Protective Order and agree to comply with 22 and to be bound by such terms. 23 4. If I receive documents or information designated as Confidential 24 Information (as that term is defined in the Protective Order), I understand that such 25 26 Information is provided to me pursuant to the terms and restrictions of the Protective 27 Order. 28 1 5. I agree to hold in confidence and not further disclose or use for any 2 purpose (other than is permitted by the Protective Order) any Confidential 3 Information disclosed to me pursuant to the terms of the Protective Order. 4 6. I hereby submit myself to the jurisdiction of the United States District 5 Court for the Central District of California for resolution of any matters pertaining 6 to the Protective Order. 7

8 My address is:____________________________________ 9

10 My present employer is: ________________________________ 11

12 Dated: ______________ 13

15 16 Signed: _________________________ 17 18 19 20 21 22 23 24 25 26 27 28