Jeanne Rodriguez v. County of San Bernardino

Opinion

Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 1 of 18 Page ID #:367

1 Shannon L. Gustafson (SBN 228856) sgustafson@lynberg.com 2 Anita K. Clarke (SBN 321015) aclarke@lynberg.com A Professional Corporation 4 1100 W. Town & Country Road, Suite #1450 Orange, California 92868 5 (714) 937-1010 Telephone (714) 937-1003 Facsimile 6 Attorneys for Defendant, COUNTY OF SAN BERNARDINO 7

10 11 JEANNE RODRIGUEZ, KAYLA CASE NO. 5:21-cv-01471-MEMF-SHK

12 FERRER and THE ESTATE OF Assigned for All Purposes to: JIMMY RAY FERRER, by and through Hon. Maame Ewusi-Mensah Frimpong 13 it successor in interest. JEANNE Courtroom 8B, Magistrate Shashi H. Kewalramani [DISCOVERY MATTER] 15 Plaintiff, STIPULATED PROTECTIVE 16 vs. ORDER

17 COUNTY OF SAN BERNARDINO, a public entity, UNNAMED COUNTY Trial Date: TBD 18 DEPUTY SHERIFFS, individuals, and Complaint filed: April 19, 2022 19 DOES 1 through 50, Inclusive

20 Defendant.

21 22 TO THE HONORABLE COURT: 23 By and through their counsel of record in this action, Plaintiffs JEANNE 24 RODRIGUEZ, KAYLA FERRER and THE ESTATE OF JIMMY FERRER, by and 25 through it successor in interest, JEANNE RODRIGUEZ (“Plaintiffs”), and Defendant 26 COUNTY OF SAN BERNARDINO (“Defendant”), collectively “the parties” hereby 27 stipulate for the purpose of jointly requesting that the Honorable Court enter a 28 1 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 2 of 18 Page ID #:368

1 protective order re confidential documents in this matter (and pursuant to Fed. R. Civ. 2 P. Rules 5, 2, 7, and 26, as well as U.S. Dist. Ct. C.D. Cal. Local Rules 7-1 and 52- 3 4.1; and any applicable Orders of the Court) as follows: 4 1. A. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 proprietary, or private information for which special protection from public disclosure 7 and from use for any purpose other than prosecuting this litigation may be warranted. 8 Accordingly, the parties hereby stipulate to and petition the Court to enter the 9 following Protective Order. The parties acknowledge that this Order does not confer 10 blanket protections on all disclosures or responses to discovery and that the protection 11 it affords from the public disclosure and use extends only to the limited information 12 or items that are entitled to confidential treatment under the applicable legal 13 principles. The parties further acknowledge, as set forth in Section 12.3, below, that 14 this Stipulated Protective Order does not entitle them to file confidential information 15 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 16 the standards that will be applied when a party seeks permission from the court to file 17 material under seal. 19 This action is likely to involve interests of confidentiality and privacy in peace 20 officer personnel file records and associated investigative or confidential records for 21 the following reasons. 22 First, Defendant contends that peace officers have a federal privilege of privacy 23 in their personnel file records: a reasonable expectation of privacy therein that is 24 underscored, specified, and arguably heightened by the Pitchess protective procedure 25 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 26 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- 27 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 28 2 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 3 of 18 Page ID #:369

1 discovery disputes involving federal claims,” the “state privilege law which is 2 consistent with its federal equivalent significantly assists in applying [federal] 3 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 4 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 5 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 6 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendant further contends that 7 uncontrolled disclosure of such personnel file information can threaten the safety of 8 non-party witnesses, officers, and their families/associates. 9 Second, Defendant contend that municipalities and law enforcement agencies 10 have federal deliberative-executive process privilege, federal official information 11 privilege, federal law enforcement privilege, and federal attorney-client privilege 12 and/or attorney work product protection interests in the personnel files of their peace 13 officers – particularly as to those portions of peace officer personnel files that contain 14 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 15 communications for the purposes of obtaining or rendering legal advice or analysis – 16 potentially including but not limited to evaluative/ analytical portions of Internal 17 Affairs type records or reports, evaluative/analytical portions of supervisory records 18 or reports, and/or reports prepared at the direction of counsel, or for the purpose of 19 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 20 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 21 1997); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4 (1995); Kelly v. City of San 22 Jose, 114 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176- 23 177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 24 2007); Admiral Ins. Co. v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th 25 Cir. 1988). Defendant further contends that such personnel file records are restricted 26 from disclosure by the public entity’s custodian of records pursuant to applicable 27 California law and that uncontrolled release is likely to result in needless intrusion of 28 3 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 4 of 18 Page ID #:370

1 officer privacy; impairment in the collection of third-party witness information and 2 statements and related legitimate law enforcement investigations/ interests; and a 3 chilling of open and honest discussion regarding and/or investigation into alleged 4 misconduct that can erode a public entity’s ability to identify and/or implement any 5 remedial measures that may be required. 6 Third, Defendant contends that, since peace officers do not have the same rights 7 as other private citizens to avoid giving compelled statements, it is contrary to the 8 fundamental principles of fairness to permit uncontrolled release of officers’ 9 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 10 828-830 (1985); cf. U.S. Const., Amend V. 11 Accordingly, Defendant contends that, without a protective order preventing 12 such, production of confidential records in the case can and will likely substantially 13 impair defendant public entity’s interests in candid self-critical analysis, frank internal 14 deliberations, obtaining candid information from witnesses, preserving the safety of 15 witnesses, preserving the safety of peace officers and peace officers’ families and 16 associates, protecting the privacy officers of peace officers, and preventing pending 17 investigations from being detrimentally undermined by publication of private, 18 sensitive, or confidential information – as can and often does result in litigation. 19 1.2. Plaintiffs do not agree with and does not stipulate to Defendant’s 20 contentions herein above, and nothing in this Stipulation or its associated Order shall 21 resolve the parties’ disagreement, or bind them, concerning the legal statements and 22 claimed privileges set forth above. However, Plaintiffs agree that there is Good Cause 23 for a Protective Order consistent with the terms and provisions of this Stipulation so 24 as to preserve the respective interests of the parties without the need to further burden 25 the Court with such issues. 26 1.3. The parties jointly contend that there is typically a particularized need 27 for protection as to any medical or psychotherapeutic records and autopsy 28 4 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 5 of 18 Page ID #:371

1 photographs, because of the privacy interests at stake therein. Because of these 2 sensitive interests, a Court Order should address these documents rather than a private 3 agreement between the parties. 4 1.4. The parties therefore stipulate that there is Good Cause for, and hereby 5 jointly request that the Honorable Court issue/enter, a Protective Order regarding 6 confidential documents consistent with the terms and provisions of this Stipulation. 7 However, the entry of a Protective Order by the Court pursuant to this Stipulation 8 shall not be construed as any ruling by the Court on the aforementioned legal 9 statements or privilege claims in this section (§ 1), nor shall this section be construed 10 as part of any such Court Order. 11 Accordingly, to expedite the flow of information, to facilitate the prompt 12 resolution of disputes over confidentiality of discovery materials, to adequately 13 protect information the parties are entitled to keep confidential, to ensure that the 14 parties are permitted reasonable necessary uses of such material in preparation for and 15 in the conduct of trial, to address their handling at the end of the litigation, and serve 16 the ends of justice, a protective order for such information is justified in this matter. 17 It is the intent of the parties that information will not be designated as confidential for 18 tactical reasons and that nothing be so designated without a good faith belief that it 19 has been maintained in a confidential, non-public manner, and there is good cause 20 why it should not be part of the public record of this case. 21 2. DEFINITIONS 22 2.1 Action: Refers to this pending federal law suit Case No. 5:21-cv-02065- 24 2.2 Challenging Party: a Party or Non-Party that challenges the designation 25 of information or items under this Order. 26 2.3 "CONFIDENTIAL" Information or Items: information (regardless of how 27 28 5 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 6 of 18 Page ID #:372

1 it is generated, stored or maintained) or tangible things that qualify for protection 2 under Federal Rule of Civil Procedure 26(c), and as specified above in the 3 Good Cause Statement. 4 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 5 support staff). 6 2.5 Designating Party: a Party or Non-Party that designates information or 7 items that it produces in disclosures or in responses to discovery as 8 “CONFIDENTIAL”. 9 2.6 Disclosure or Discovery Material: all items or information, regardless 10 of the medium or manner in which it is generated, stored, or maintained (including, 11 among other things, testimony, transcripts, and tangible things), that are produced 12 or generated in disclosures or responses to discovery in this matter. 13 2.7 Expert: a person with specialized knowledge or experience in a matter 14 pertinent to the litigation who has been retained by a Party or its counsel to serve as 15 an expert witness or as a consultant in this Action. 16 2.8 House Counsel: attorneys who are employees of a party to this Action. 17 House Counsel does not include Outside Counsel of Record or any other outside 18 counsel. 19 2.9 Non-Party: any natural person, partnership, corporation, association, or 20 other legal entity not named as a Party to this action. 21 2.10 Outside Counsel of Record: attorneys who are not employees of a party 22 to this Action but are retained to represent or advise a party to this Action and have 23 appeared in this Action on behalf of that party or are affiliated with a law firm which 24 has appeared on behalf of that party, and includes support staff. 25 2.11 Party: any party to this Action, including all of its officers, directors, 26 employees, consultants, retained experts, and Outside Counsel of Record (and their 27 support staffs). 28 6 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 7 of 18 Page ID #:373

1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstratives, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is 8 designated as "CONFIDENTIAL." 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 10 from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or 14 extracted from Protected Material; (2) all copies, excerpts, summaries, or 15 compilations of Protected Material; and (3) any testimony, conversations, or 16 presentations by Parties or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the 18 trial judge. This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations 21 imposed by this Order shall remain in effect until a Designating Party agrees 22 otherwise in writing or a court order otherwise directs. Final disposition shall be 23 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 24 or without prejudice; and (2) final judgment herein after the completion and 25 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 26 including the time limits for filing any motions or applications for extension of 27 time pursuant to applicable law. 28 7 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 8 of 18 Page ID #:374

1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection 4 under this Order must take care to limit any such designation to specific material 5 that qualifies under the appropriate standards. The Designating Party must designate 6 for protection only those parts of material, documents, items, or oral or written 7 communications that qualify so that other portions of the material, documents, 8 items, or communications for which protection is not warranted are not swept 9 unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to 13 impose unnecessary expenses and burdens on other parties) may expose the 14 Designating Party to sanctions. 15 If it comes to a Designating Party's attention that information or items 16 that it designated for protection do not qualify for protection, that Designating 17 Party must promptly notify all other Parties that it is withdrawing the inapplicable 18 designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in this 20 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 21 or ordered, Disclosure or Discovery Material that qualifies for protection under this 22 Order must be clearly so designated before the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic documents, 25 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 26 Producing Party affix at a minimum, the legend "CONFIDENTIAL" (hereinafter 27 "CONFIDENTIAL legend"), to each page that contains protected material. If only a 28 8 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 9 of 18 Page ID #:375

1 portion or portions of the material on a page qualifies for protection, the Producing 2 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 3 markings in the margins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and before 7 the designation, all of the material made available for inspection shall be deemed 8 "CONFIDENTIAL." After the inspecting Party has identified the documents, it wants 9 copied and produced, the Producing Party must determine which documents, or 10 portions thereof, qualify for protection under this Order. Then, before producing the 11 specified documents, the Producing Party must affix the "CONFIDENTIAL legend" 12 to each page that contains Protected Material. If only a portion or portions of the 13 material on a page qualifies for protection, the Producing Party also must clearly 14 identify the protected portions) (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions that the Designating Party identify the 16 Disclosure or Discovery Material on the record, before the close of the deposition all 17 protected testimony. 18 (c) for information produced in some form other than documentary and for any 19 other tangible items, that the Producing Party affix in a prominent place on the exterior 20 of the container or containers in which the information is stored the legend 21 "CONFIDENTIAL." If only a portion or portions of the information warrants 22 protection, the Producing Party, to the extent practicable, shall identify the protected 23 portions). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 25 to designate qualified information or items does not, standing alone, waive the 26 Designating Party's right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 28 9 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 10 of 18 Page ID #:376

1 efforts to assure that the material is treated in accordance with the provisions of this 2 Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 5 of confidentiality at any time that is consistent with the Court's Scheduling Order. 6 6.2 Meet and Confer. The Challenging party shall initiate the dispute resolution 7 process under Local Rule 37.1 et. seq. 8 6.3 The burden of persuasion in any such challenge proceeding shall be on the 9 Designating Party. Frivolous challenges, and those made for an improper purpose 10 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 11 expose the Challenging Party to sanctions. Unless the Designating Party has waived 12 or withdrawn the confidentiality designation, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under the Producing 14 Party's designation until the Court rules on the challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under the 20 conditions described in this Order. When the Action has been terminated, a 21 Receiving Party must comply with the provisions of section 13 below (FINAL 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless 27 28 10 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 11 of 18 Page ID #:377

1 otherwise ordered by the court or permitted in writing by the Designating Party, a 2 Receiving Party may disclose any information or item designated 3 "CONFIDENTIAL" only to: 4 (a) the Receiving Party's Outside Counsel of Record in this Action, as 5 well as employees of said Outside Counsel of Record to whom it is reasonably 6 necessary to disclose the information for this Action; 7 (b) the officers, directors, and employees (including House Counsel) 8 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 11 "Acknowledgment and Agreement to Be Bound" (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who 16 have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 17 (g) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (h) during their depositions, witnesses, and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 22 will not be permitted to keep any confidential information unless they sign 23 the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise 24 agreed by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material may 26 be separately bound by the court reporter and may not be disclosed to anyone except 27 as permitted under this Stipulated Protective Order; and 28 11 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 12 of 18 Page ID #:378

1 (i) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 If a Party is served with a subpoena or a court order issued in other litigation 6 that compels disclosure of any information or items designated in this Action as 7 "CONFIDENTIAL," that Party must: 8 (a) promptly notify in writing the Designating Party. Such notification shall 9 include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to 11 issue in the other litigation that some or all of the material covered by the subpoena 12 or order is subject to this Protective Order. Such notification shall include a copy 13 of this Stipulated Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be pursued 15 by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served 17 with the subpoena or court order shall not produce any information designated in 18 this action as "CONFIDENTIAL" before a determination by the court from which 19 the subpoena or order issued, unless the Party has obtained the Designating Party's 20 permission. The Designating Party shall bear the burden and expense of seeking 21 protection in that court of its confidential material and nothing in these provisions 22 should be construed as authorizing or encouraging a Receiving Party in this Action 23 to disobey a lawful directive from another court. 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 (a) The terms of this Order are applicable to information produced by a Non- 27 Party in this Action and designated as "CONFIDENTIAL." Such information 28 12 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 13 of 18 Page ID #:379

1 produced by Non-Parties in connection with this litigation is protected by the 2 remedies and relief provided by this Order. Nothing in these provisions should be 3 construed as prohibiting a Non-Party from seeking additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to produce 5 a Non-Party's confidential information in its possession, and the Party is subject to an 6 agreement with the Non-Party not to produce the Non-Party's confidential 7 information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non-Party 9 that some or all of the information requested is subject to a confidentiality agreement 10 With a Non- Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a 13 reasonably specific description of the information requested; and 14 (3) make the information requested available for inspection by the Non- 15 Party, if requested. 16 (c) If the Non-Party fails to seek a Protective Order from this court within 14 17 days of receiving the notice and accompanying information, the Receiving Party may 18 produce the Non-Party's confidential information responsive to the discovery request. 19 If the Non- Party timely seeks a protective order, the Receiving Party shall not 20 produce any information in its possession or control that is subject to the 21 confidentiality agreement with the Non-Party before a determination by the court. 22 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 23 of seeking protection in this court of its Protected Material. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has 26 disclosed Protected Material to any person or in any circumstance not authorized 27 under this Stipulated Protective Order, the Receiving Party must immediately (a) 28 13 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 14 of 18 Page ID #:380

1 notify in writing the Designating Party of the unauthorized disclosures, (b) use its best 2 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 3 person or persons to whom unauthorized disclosures were made of all the terms of 4 this Order, and (d) request such person or persons to execute the "Acknowledgment 5 and Agreement to be Bound" that is attached hereto as Exhibit A. 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 8 When a Producing Party gives notice to Receiving Parties that certain 9 inadvertently produced material is subject to a claim of privilege or other protection, 10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 12 may be established in an e-discovery order that provides for production without prior 13 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 14 parties reach an agreement on the effect of disclosure of a communication or 15 information covered by the attorney-client privilege or work product protection, the 16 parties may incorporate their agreement in the stipulated protective order submitted 17 to the court. 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 28 14 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 15 of 18 Page ID #:381

1 only be filed under seal pursuant to a court order authorizing the sealing of the specific 2 Protected Material at issue. If a Party's request to file Protected Material under seal is 3 denied by the court, then the Receiving Party may file the information in the public 4 record unless otherwise instructed by the court. 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 7 days of a written request by the Designating Party, each Receiving Party must return 8 all Protected Material to the Producing Party or destroy such material. As used in this 9 subdivision, "all Protected Material" includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected 11 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 12 must submit a written certification to the Producing Party (and, if not the same person 13 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 14 category, where appropriate) all the Protected Material that was returned or destroyed 15 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 16 compilations, summaries or any other format reproducing or capturing any of the 17 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 18 archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 20 reports, attorney work product, and consultant and expert work product, even if such 21 materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 4 (DURATION). 24 14. Any violation of this Order may be punished by any and all appropriate 25 measures including, without limitation, contempt proceedings and/or monetary 26 sanctions. 27 28 15 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 16 of 18 Page ID #:382

2 DATED: March 3, 2023 A Professional Corporation 4 5 /s/ Anita K. Clarke ANITA K. CLARKE 7 Attorneys for Defendant, COUNTY SAN BERNARDINO 8 9 10 DATED: March 3, 2023 11 12 ADAMSON AHDOOT, LLP 13 /s/ Federico C. Sayre 14 ALAN A. AHDOOT CHRISTOPHER B. ADAMSON 15 FEDERICO C. SAYRE Attorneys for Plaintiffs JEANNE 16 RODRIGUEZ, KAYLA FERRER and THE ESTATE OF JIMMY RAY 17 FERRER 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 DATED: March 8, 2023 22 23 24 Shashi H. Kewalramani United States District/Magistrate Judge 25 26 27 28 16 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 17 of 18 Page ID #:383

3 I, [print or type full name], of [print 4 or type full address], declare under penalty of perjury that I have read in its entirety 5 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 7 case of Kayla Ferrer, et al. v. County of San Bernardino, et al., 5:21-cv- 8 01471-MEMF-SHK. I agree to comply with and to be bound by all the terms of 9 this 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 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Order. I further agree to submit to the 14 jurisdiction of the United States District Court for the Central District of 15 California for the purpose of enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint [print or type full 18 name] of [print or type full address 19 and telephone number] as my California agent for service of process in connection 20 with this action or any proceedings related to enforcement of this Stipulated 21 Protective Order. 22 Date: 23 City and State where sworn and signed: 24 25 Printed name: 26 27 Signature: 28 17 STIPULATED PROTECTIVE ORDER Case 5:21-cv-01471-MEMF-SHK Document 48 Filed 03/08/23 Page 18 of 18 Page ID #:384

1 I CERTIFY THAT ALL PARTIES TO THIS DOCUMENT HAVE CONSENTED

5 DATED: March 3, 2023 LYNBERG & WATKINS A Professional Corporation 6

7 By: /s/ Anita K. Clarke ANITA K. CLARKE 9 Attorneys for Defendant, COUNTY OF SAN BERNARDINO 10

11 12 13

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 STIPULATED PROTECTIVE ORDER