11 JJOamNeEsS R M. TAoYucEhRst on e., SB N: 184 584 2 jrt@jones-mayer.com 2 Melissa M. Ballard,. SBN: 185739 3 mmb@jones-mayer.com 3 3777 North Harbor Boulevard 4 Fullerton, CA 92835 4 Telephone: (714) 446-1400 5 Facsimile: (714) 446-1448 5 6 Attorneys for Defendants, 6 COUNTY OF SAN BERNARDINO and DEPUTY K. MULLINS 7 7 8 8 UNITED STATES DISTRICT COURT 9 9 CENTRAL DISTRICT OF CALIFORNIA 10 10 11 11 HENRY MORALES, Case No. 5:25-CV-2013-SPG(DTBx) 12 12 Plaintiff, Assigned for all Purposes to: 13 Hon. Sherilyn Peace Garnett, Dept. 5C 13 vs. and Magistrate Judge David T. Bristow 14 14 COUNTY OF SAN BERNARDINO; [PROPOSED] STIPULATED 15 DEPUTY K. MULLINS, AND DOE PROTECTIVE ORDER 15 DEPUTIES 1-10, 16 16 Defendants. 17 17 18 Action Filed: 08/03/2025 18 19 19 20 20 21 21 1. A. PURPOSES AND LIMITATIONS 22 22 Discovery in this action is likely to involve production of confidential, 23 23 proprietary, or private information for which special protection from public 24 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 27 Order does not confer blanket protections on all disclosures or responses to 28 11 only to the limited information or items that are entitled to confidential treatment 2 2 under the applicable legal principles. The parties further acknowledge, as set forth 3 3 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 4 4 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 5 5 procedures that must be followed and the standards that will be applied when a party 6 6 seeks permission from the court to file material under seal. 7 7 B. GOOD CAUSE STATEMENT 8 8 9 9 One or more of the Parties represent that pre-trial discovery in this case may 10 10 include matters that are confidential and privileged and may require the discovery 11 11 of and/or production of documents pertaining to the San Bernardino County Sheriff 12 12 Department’s investigation of the underlying criminal activities, as well as peace 13 13 officer personnel file information and/or documents which the Parties agree which 14 14 may include: (1) Personal data; (2) Medical history; (3) Election of employee 15 15 benefits; (4) Employee advancement, appraisal, or discipline; and (5) Complaints, 16 16 or investigations of complaints, if any, concerning an event or transaction in which 17 17 a peace officer may have participated, or which a peace officer may have perceived, 18 18 and may pertaining to the manner in which the peace officer performed his or her 19 19 duties. Without waiving objections to the production of such documentation and 20 20 information, Defendants contend that such information is privileged as official 21 21 information. Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 22 22 1990); see also Kerr v. United States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 23 23 (9th Cir.1975), aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Further, 24 24 discovery may require depositions, written discovery and/or the production of 25 25 certain County of San Bernardino Sheriff Department policies and procedures and 26 26 peace officer training information the public disclosure of which may could 27 27 comprise officer safety, and/or raise security issues. Defendants contend that public 28 11 embarrassment, oppression and/or physical harm to peace officers whose 2 2 confidential information is disclosed. Defendants further contend that this potential 3 3 risk of harm to peace officers is greater than with other government employees due 4 4 to the nature of their profession. Finally, Defendants contend that the benefit of 5 5 public disclosure of confidential information is minimal while the potential 6 6 disadvantages may be are great. 7 7 Accordingly, to expedite the flow of information, to facilitate the prompt 8 8 resolution of disputes over confidentiality of discovery materials, to adequately 9 9 protect information the parties are entitled to keep confidential, to ensure that the 10 10 parties are permitted reasonable necessary uses of such material in preparation for 11 11 and in the conduct of trial, to address their handling at the end of the litigation, and 12 12 serve the ends of justice, a protective order for such information is justified in this 13 13 matter. It is the intent of the parties that information will not be designated as 14 14 confidential for tactical reasons and that nothing be so without a good faith belief 15 15 that it has been maintained in a confidential, non-public manner, and there is good 16 16 cause why it should not be part of the public record of this case. 17 17 18 18 2. DEFINITIONS 19 19 2.1 Action: Henry Morales v. County of San Bernardino, Deputy K. 20 20 Mullins, and DOE Deputies 1-10, United District Court, Central District, Case No. 21 21 5:25-cv-02013. 22 22 2.2 Challenging Party: A Party or Non-Party that challenges the 23 23 designation of information or items under this Order. 24 24 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 25 25 how it is generated, stored or maintained) or tangible things that qualify for 26 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 27 27 the Good Cause Statement. 28 11 their support staff). 2 2 2.5 Designating Party: A Party or Non-Party that designates information 3 3 or items that it produces in disclosures or in responses to discovery as 4 4 “CONFIDENTIAL.” 5 5 2.6 Disclosure or Discovery Material: All items or information, regardless 6 6 of the medium or manner in which it is generated, stored, or maintained (including, 7 7 among other things, testimony, transcripts, and tangible things), that are produced 8 8 or generated in disclosures or responses to discovery in this matter. 9 9 2.7 Expert: A person with specialized knowledge or experience in a matter 10 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as 11 11 an expert witness or as a consultant in this Action. 12 12 2.8 House Counsel: Attorneys who are employees of a party to this Action. 13 13 House Counsel does not include Outside Counsel of Record or any other outside 14 14 counsel. 15 15 2.9 Non-Party: Any natural person, partnership, corporation, association, 16 16 or other legal entity not named as a Party to this action. 17 17 2.10 Outside Counsel of Record: Attorneys who are not employees of a 18 18 party to this Action but are retained to represent or advise a party to this Action and 19 19 have appeared in this Action on behalf of that party or are affiliated with a law firm 20 20 which has appeared on behalf of that party, and includes support staff. 21 21 2.11 Party: Any party to this Action, including all of its officers, directors, 22 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 23 support staffs). 24 24 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 25 25 Discovery Material in this Action. 26 26 2.13 Professional Vendors: Persons or entities that provide litigation 27 27 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 11 and their employees and subcontractors.
Free access — add to your briefcase to read the full text and ask questions with AI
11 JJOamNeEsS R M. TAoYucEhRst on e., SB N: 184 584 2 jrt@jones-mayer.com 2 Melissa M. Ballard,. SBN: 185739 3 mmb@jones-mayer.com 3 3777 North Harbor Boulevard 4 Fullerton, CA 92835 4 Telephone: (714) 446-1400 5 Facsimile: (714) 446-1448 5 6 Attorneys for Defendants, 6 COUNTY OF SAN BERNARDINO and DEPUTY K. MULLINS 7 7 8 8 UNITED STATES DISTRICT COURT 9 9 CENTRAL DISTRICT OF CALIFORNIA 10 10 11 11 HENRY MORALES, Case No. 5:25-CV-2013-SPG(DTBx) 12 12 Plaintiff, Assigned for all Purposes to: 13 Hon. Sherilyn Peace Garnett, Dept. 5C 13 vs. and Magistrate Judge David T. Bristow 14 14 COUNTY OF SAN BERNARDINO; [PROPOSED] STIPULATED 15 DEPUTY K. MULLINS, AND DOE PROTECTIVE ORDER 15 DEPUTIES 1-10, 16 16 Defendants. 17 17 18 Action Filed: 08/03/2025 18 19 19 20 20 21 21 1. A. PURPOSES AND LIMITATIONS 22 22 Discovery in this action is likely to involve production of confidential, 23 23 proprietary, or private information for which special protection from public 24 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 27 Order does not confer blanket protections on all disclosures or responses to 28 11 only to the limited information or items that are entitled to confidential treatment 2 2 under the applicable legal principles. The parties further acknowledge, as set forth 3 3 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 4 4 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 5 5 procedures that must be followed and the standards that will be applied when a party 6 6 seeks permission from the court to file material under seal. 7 7 B. GOOD CAUSE STATEMENT 8 8 9 9 One or more of the Parties represent that pre-trial discovery in this case may 10 10 include matters that are confidential and privileged and may require the discovery 11 11 of and/or production of documents pertaining to the San Bernardino County Sheriff 12 12 Department’s investigation of the underlying criminal activities, as well as peace 13 13 officer personnel file information and/or documents which the Parties agree which 14 14 may include: (1) Personal data; (2) Medical history; (3) Election of employee 15 15 benefits; (4) Employee advancement, appraisal, or discipline; and (5) Complaints, 16 16 or investigations of complaints, if any, concerning an event or transaction in which 17 17 a peace officer may have participated, or which a peace officer may have perceived, 18 18 and may pertaining to the manner in which the peace officer performed his or her 19 19 duties. Without waiving objections to the production of such documentation and 20 20 information, Defendants contend that such information is privileged as official 21 21 information. Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 22 22 1990); see also Kerr v. United States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 23 23 (9th Cir.1975), aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Further, 24 24 discovery may require depositions, written discovery and/or the production of 25 25 certain County of San Bernardino Sheriff Department policies and procedures and 26 26 peace officer training information the public disclosure of which may could 27 27 comprise officer safety, and/or raise security issues. Defendants contend that public 28 11 embarrassment, oppression and/or physical harm to peace officers whose 2 2 confidential information is disclosed. Defendants further contend that this potential 3 3 risk of harm to peace officers is greater than with other government employees due 4 4 to the nature of their profession. Finally, Defendants contend that the benefit of 5 5 public disclosure of confidential information is minimal while the potential 6 6 disadvantages may be are great. 7 7 Accordingly, to expedite the flow of information, to facilitate the prompt 8 8 resolution of disputes over confidentiality of discovery materials, to adequately 9 9 protect information the parties are entitled to keep confidential, to ensure that the 10 10 parties are permitted reasonable necessary uses of such material in preparation for 11 11 and in the conduct of trial, to address their handling at the end of the litigation, and 12 12 serve the ends of justice, a protective order for such information is justified in this 13 13 matter. It is the intent of the parties that information will not be designated as 14 14 confidential for tactical reasons and that nothing be so without a good faith belief 15 15 that it has been maintained in a confidential, non-public manner, and there is good 16 16 cause why it should not be part of the public record of this case. 17 17 18 18 2. DEFINITIONS 19 19 2.1 Action: Henry Morales v. County of San Bernardino, Deputy K. 20 20 Mullins, and DOE Deputies 1-10, United District Court, Central District, Case No. 21 21 5:25-cv-02013. 22 22 2.2 Challenging Party: A Party or Non-Party that challenges the 23 23 designation of information or items under this Order. 24 24 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of 25 25 how it is generated, stored or maintained) or tangible things that qualify for 26 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 27 27 the Good Cause Statement. 28 11 their support staff). 2 2 2.5 Designating Party: A Party or Non-Party that designates information 3 3 or items that it produces in disclosures or in responses to discovery as 4 4 “CONFIDENTIAL.” 5 5 2.6 Disclosure or Discovery Material: All items or information, regardless 6 6 of the medium or manner in which it is generated, stored, or maintained (including, 7 7 among other things, testimony, transcripts, and tangible things), that are produced 8 8 or generated in disclosures or responses to discovery in this matter. 9 9 2.7 Expert: A person with specialized knowledge or experience in a matter 10 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as 11 11 an expert witness or as a consultant in this Action. 12 12 2.8 House Counsel: Attorneys who are employees of a party to this Action. 13 13 House Counsel does not include Outside Counsel of Record or any other outside 14 14 counsel. 15 15 2.9 Non-Party: Any natural person, partnership, corporation, association, 16 16 or other legal entity not named as a Party to this action. 17 17 2.10 Outside Counsel of Record: Attorneys who are not employees of a 18 18 party to this Action but are retained to represent or advise a party to this Action and 19 19 have appeared in this Action on behalf of that party or are affiliated with a law firm 20 20 which has appeared on behalf of that party, and includes support staff. 21 21 2.11 Party: Any party to this Action, including all of its officers, directors, 22 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 23 support staffs). 24 24 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 25 25 Discovery Material in this Action. 26 26 2.13 Professional Vendors: Persons or entities that provide litigation 27 27 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 28 11 and their employees and subcontractors. 2 2 2.14 Protected Material: Any Disclosure or Discovery Material that is 3 3 designated as “CONFIDENTIAL.” 4 4 2.15 Receiving Party: A Party that receives Disclosure or Discovery 5 5 Material from a Producing Party. 6 6 7 7 3. SCOPE 8 8 The protections conferred by this Stipulation and Order cover not only 9 9 Protected Material (as defined above), but also (1) any information copied or 10 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 13 Any use of Protected Material at trial shall be governed by the orders of the 14 14 trial judge. This Order does not govern the use of Protected Material at trial. 15 15 16 16 4. DURATION 17 17 Should any Protected Material become part of the public record at trial or 18 18 otherwise (such as where the Court denies the request to file under seal), this 19 19 Protective Order shall no longer apply to such portions at Trial which became part 20 20 of the public record, with the exception that all such material/documents, whether 21 21 part of the public record or not, must still be returned in compliance with Section 22 22 13: Final Disposition. Should any portion of the Protected Material remain 23 23 confidential until trial, during any portion of the trial of this action which could 24 24 entail the discussion or disclosure of Confidential Information, each Party may 25 25 request the opportunity to show good cause to the Court as to why access to the 26 26 courtroom should be limited to parties, their counsel and other designated 27 27 representative, experts or consultants who agreed to be bound by this 28 11 For all portions of the Protected Material after final disposition of the Trial, 2 2 whether they became part of the public record or not, the confidentiality 3 3 obligations by this Order shall remain in full effect. Final disposition shall be 4 4 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 5 5 with or without prejudice; (2) In any event wherein all remaining claims in this 6 6 matter are remanded to State Court or severed from the Federal matter and 7 7 returned to State Court; and/or (3) final judgment herein after the completion and 8 8 exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action, 9 9 including the time limits for filing any motions or applications for extension of 10 10 time pursuant to applicable law. 11 11 12 12 5. DESIGNATING PROTECTED MATERIAL 13 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 14 Each Party or Non-Party that designates information or items for protection under 15 15 this Order must take care to limit any such designation to specific material that 16 16 qualifies under the appropriate standards. The Designating Party must designate for 17 17 protection only those parts of material, documents, items, or oral or written 18 18 communications that qualify so that other portions of the material, documents, 19 19 items, or communications for which protection is not warranted are not swept 20 20 unjustifiably within the ambit of this Order. 21 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 22 that are shown to be clearly unjustified or that have been made for an improper 23 23 purpose (e.g., to unnecessarily encumber the case development process or to impose 24 24 unnecessary expenses and burdens on other parties) may expose the Designating 25 25 Party to sanctions. 26 26 If it comes to a Designating Party’s attention that information or items that it 27 27 designated for protection do not qualify for protection, that Designating Party must 28 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 4 under this Order must be clearly so designated before the material is disclosed or 5 5 produced. 6 6 Designation in conformity with this Order requires: 7 7 (a) For information in documentary form (e.g., paper or electronic 8 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 9 proceedings), that the Producing Party affix at a minimum, the legend 10 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 11 11 contains protected material. If only a portion or portions of the material on a page 12 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 13 portion(s) (e.g., by making appropriate markings in the margins). 14 14 A Party or Non-Party that makes original documents available for inspection 15 15 need not designate them for protection until after the inspecting Party has indicated 16 16 which documents it would like copied and produced. During the inspection and 17 17 before the designation, all of the material made available for inspection shall be 18 18 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 19 19 documents it wants copied and produced, the Producing Party must determine 20 20 which documents, or portions thereof, qualify for protection under this Order. Then, 21 21 before producing the specified documents, the Producing Party must affix the 22 22 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 23 23 portion or portions of the material on a page qualifies for protection, the Producing 24 24 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 25 25 markings in the margins). 26 26 (b) for testimony given in depositions that the Designating Party identify 27 27 the Disclosure or Discovery Material on the record, before the close of the 28 11 (c) for information produced in some form other than documentary and 2 2 for any other tangible items, that the Producing Party affix in a prominent place on 3 3 the exterior of the container or containers in which the information is stored the 4 4 legend “CONFIDENTIAL.” If only a portion or portions of the information 5 5 warrants protection, the Producing Party, to the extent practicable, shall identify the 6 6 protected portion(s). 7 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 8 failure to designate qualified information or items does not, standing alone, waive 9 9 the Designating Party’s right to secure protection under this Order for such material. 10 10 Upon timely correction of a designation, the Receiving Party must make reasonable 11 11 efforts to assure that the material is treated in accordance with the provisions of this 12 12 Order. 13 13 14 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 16 designation of confidentiality at any time that is consistent with the Court’s 17 17 Scheduling Order. 18 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 19 resolution process under Local Rule 37.1 et seq. 20 20 6.3 The burden of persuasion in any such challenge proceeding shall be on 21 21 the Designating Party. Frivolous challenges, and those made for an improper 22 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 25 continue to afford the material in question the level of protection to which it is 26 26 entitled under the Producing Party’s designation until the Court rules on the 27 27 challenge. 28 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 5 Protected Material may be disclosed only to the categories of persons and under the 6 6 conditions described in this Order. When the Action has been terminated, a 7 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 8 DISPOSITION). 9 9 Protected Material must be stored and maintained by a Receiving Party at a 10 10 location and in a secure manner that ensures that access is limited to the persons 11 11 authorized under this Order. 12 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 14 Receiving Party may disclose any information or item designated 15 15 “CONFIDENTIAL” only to: 16 16 (a) The Receiving Party’s Outside Counsel of Record in this Action, as 17 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 18 necessary to disclose the information for this Action; 19 19 (b) the officers, directors, and employees (including House Counsel) of 20 20 the Receiving Party to whom disclosure is reasonably necessary for this Action; 21 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 22 disclosure is reasonably necessary for this Action and who have signed the 23 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 24 (d) the court and its personnel; 25 25 (e) court reporters and their staff; 26 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 28 11 (g) the author or recipient of a document containing the information 2 2 or a custodian or other person who otherwise possessed or knew the information; 3 3 (h) during their depositions, witnesses ,and attorneys for witnesses, 4 4 in the Action to whom disclosure is reasonably necessary provided: (1) The 5 5 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 6 6 and (2) they will not be permitted to keep any confidential information unless they 7 7 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 8 8 otherwise agreed by the Designating Party or ordered by the court. Pages of 9 9 transcribed deposition testimony or exhibits to depositions that reveal Protected 10 10 Material may be separately bound by the court reporter and may not be disclosed to 11 11 anyone except as permitted under this Stipulated Protective Order; and 12 12 (i) any mediator or settlement officer, and their supporting personnel, 13 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 14 15 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 16 16 IN OTHER LITIGATION 17 17 If a Party is served with a subpoena or a court order issued in other litigation 18 18 that compels disclosure of any information or items designated in this Action as 19 19 “CONFIDENTIAL,” that Party must: 20 20 (a) Promptly notify in writing the Designating Party. Such 21 21 notification shall include a copy of the subpoena or court order; 22 22 (b) promptly notify in writing the party who caused the subpoena or 23 23 order to issue in the other litigation that some or all of the material covered by the 24 24 subpoena or order is subject to this Protective Order. Such notification shall include 25 25 a copy of this Stipulated Protective Order; and 26 26 (c) cooperate with respect to all reasonable procedures sought to be 27 27 pursued by the Designating Party whose Protected Material may be affected. 28 11 the subpoena or court order shall not produce any information designated in this 2 2 action as “CONFIDENTIAL” before a determination by the court from which the 3 3 subpoena or order issued, unless the Party has obtained the Designating Party’s 4 4 permission. The Designating Party shall bear the burden and expense of seeking 5 5 protection in that court of its confidential material and nothing in these provisions 6 6 should be construed as authorizing or encouraging a Receiving Party in this Action 7 7 to disobey a lawful directive from another court. 8 8 9 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 10 PRODUCED IN THIS LITIGATION 11 11 (a) The terms of this Order are applicable to information produced by a 12 12 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 13 13 produced by Non-Parties in connection with this litigation is protected by the 14 14 remedies and relief provided by this Order. Nothing in these provisions should be 15 15 construed as prohibiting a Non-Party from seeking additional protections. 16 16 (b) In the event that a Party is required, by a valid discovery request, to 17 17 produce a Non-Party’s confidential information in its possession, and the Party is 18 18 subject to an agreement with the Non-Party not to produce the Non-Party’s 19 19 confidential information, then the Party shall: 20 20 (1) Promptly notify in writing the Requesting Party and the Non-Party 21 21 that some or all of the information requested is subject to a confidentiality agreement 22 22 with a Non-Party; 23 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 24 Protective Order in this Action, the relevant discovery request(s), and a reasonably 25 25 specific description of the information requested; and 26 26 (3) make the information requested available for inspection by the 27 27 Non-Party, if requested. 28 11 14 days of receiving the notice and accompanying information, the Receiving Party 2 2 may produce the Non-Party’s confidential information responsive to the discovery 3 3 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 4 4 not produce any information in its possession or control that is subject to the 5 5 confidentiality agreement with the Non-Party before a determination by the court. 6 6 Absent a court order to the contrary, the Non-Party shall bear the burden and 7 7 expense of seeking protection in this court of its Protected Material. 8 8 9 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 11 Protected Material to any person or in any circumstance not authorized under this 12 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 13 13 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 14 14 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 15 15 or persons to whom unauthorized disclosures were made of all the terms of this 16 16 Order, and (d) request such person or persons to execute the “Acknowledgment and 17 17 Agreement to Be Bound” that is attached hereto as Exhibit A. 18 18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 19 PROTECTED MATERIAL 20 20 When a Producing Party gives notice to Receiving Parties that certain 21 21 inadvertently produced material is subject to a claim of privilege or other protection, 22 22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 24 24 procedure may be established in an e-discovery order that provides for production 25 25 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 26 26 (e), insofar as the parties reach an agreement on the effect of disclosure of a 27 27 communication or information covered by the attorney-client privilege or work 28 11 protective order submitted to the court. 2 2 3 3 12. MISCELLANEOUS 4 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 5 person to seek its modification by the Court in the future. 6 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 7 Protective Order no Party waives any right it otherwise would have to object to 8 8 disclosing or producing any information or item on any ground not addressed in this 9 9 Stipulated Protective Order. Similarly, no Party waives any right to object on any 10 10 ground to use in evidence of any of the material covered by this Protective Order. 11 11 12.3 Filing Protected Material. A Party that seeks to file under seal any 12 12 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 13 13 only be filed under seal pursuant to a court order authorizing the sealing of the 14 14 specific Protected Material at issue. If a Party's request to file Protected Material 15 15 under seal is denied by the court, then the Receiving Party may file the information 16 16 in the public record unless otherwise instructed by the court. 17 17 18 18 13. FINAL DISPOSITION 19 19 After the final disposition of this Action, as defined in paragraph 4, within 60 20 20 days of a written request by the Designating Party, each Receiving Party must return 21 21 all Protected Material to the Producing Party or destroy such material. As used in 22 22 this subdivision, “all Protected Material” includes all copies, abstracts, 23 23 compilations, summaries, and any other format reproducing or capturing any of the 24 24 Protected Material. Whether the Protected Material is returned or destroyed, the 25 25 Receiving Party must submit a written certification to the Producing Party (and, if 26 26 not the same person or entity, to the Designating Party) by the 60 day deadline that 27 27 (1) identifies (by category, where appropriate) all the Protected Material that was 28 11 copies, abstracts, compilations, summaries or any other format reproducing or 2 2 capturing any of the Protected Material. Notwithstanding this provision, Counsel 3 3 are entitled to retain an archival copy of all pleadings, motion papers, trial, 4 4 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 5 5 and trial exhibits, expert reports, attorney work product, and consultant and expert 6 6 work product, even if such materials contain Protected Material. Any such archival 7 7 copies that contain or constitute Protected Material remain subject to this Protective 8 8 Order as set forth in Section 4 (DURATION). 9 9 10 10 14. Any violation of this Order may be punished by any and all appropriate 11 11 measures including, without limitation, contempt proceedings and/or monetary 12 12 sanctions. 13 13 14 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 15 16 16 Dated: October 8, 2025 JONES MAYER 17 17 18 By: /s/ Melissa M. Ballard 18 19 James R. Touchstone, Esq. 19 Melissa M. Ballard, Esq. 20 Attorney for Defendants 20 21 COUNTY OF SAN BERNARDINO 21 and DEPUTY K. MULLINS 22
22 23 23 24 Dated: October 8, 2025 KIRAKOSIAN LAW, APC 24 25 25 26 By: /s/ Gregory L. Kirakosian 26 Gregory L. Kirakosian, Esq. 27 Attorney for Plaintiff, 27 28 HENRY MORALES FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 3 DATED: October 9, 2025
5 David Ir. Bristow United States District/Magistrate Judge 8 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _[5-
11 EXHIBIT A 2 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 3 I, _____________________________ [print or type full name], of 4 4 _________________ [print or type full address], declare under penalty of perjury 5 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 6 was issued by the United States District Court for the Central District of California 7 7 on [date] in the case of Henry Morales v. County of San Bernardino, Deputy K. 8 8 Mullins, and DOE Deputies 1-10, United District Court, Central District, Case No. 9 9 5:25-cv-02013 . I agree to comply with and to be bound by all the terms of this 10 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 12 solemnly promise that I will not disclose in any manner any information or item 13 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 14 strict compliance with the provisions of this Order. 15 15 I further agree to submit to the jurisdiction of the United States District Court for 16 16 the Central District of California for the purpose of enforcing the terms of this 17 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 18 termination of this action. I hereby appoint __________________________ [print 19 19 or type full name] of _______________________________________ [print or 20 20 type full address and telephone number] as my California agent for service of 21 21 process in connection with this action or any proceedings related to enforcement of 22 22 this Stipulated Protective Order. 23 23 Date: ______________________________________ 24 24 City and State where sworn and signed: _________________________________ 25 25 Printed name: _______________________________ 26 26 Signature: __________________________________ 27 27 28