Julian Pulido v. County of Los Angeles

• Court: District Court, C.D. California
• Decided: January 9, 2024
• Docket: 2:23-cv-06266
• Status: Unknown

Opinion

1 || Mildred K. O'Linn (State Bar No. 159055) missy.olian@manningkass.com 2 || Craig Smith (State Bar No. 265676) Cregg Mad nating ain 3 || Joseph A. Gordon (State Bar No. 314564) joe. gor con(amanningkass.com 4||MANNING & KAS ELLROD, RAMIREZ, TRESTER LLP 5||801 S. Figueroa St, 15" Floor Fos Ange es, Cahtornig 90017-3012 6 || Lelephone: - NOTE: CHANGES MADE BY THE COURT Facsimile: (13) 624-6999 7 Attorneys for Defendants, CITY OF 8 || WEST COVINA. MARTINEZ J514; and, OFFICER BOWMAN #418; 9 10 UNITED STATES DISTRICT COURT 2 11 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 1 S 13 || JULIAN PULIDO, Case No. 2:23-cv-06266-SV W (JPRx) > District Judge: Stephen V. Wilson z 14 Plaintiff, Magistrate Judge: Jean P. Rosenbluth < = 15 V. |} COUNTY OF LOS ANGELES; STIPULATED PROTECTIVE NGOZI CHUKWUEMEK, NP; TRINI | ORDER RE: CONFIDENTIAL || BUI, NP; MONIKA VILLAZON, NP; DOCUMENTS TAYLOR DOCTER, PGY3; MINA 18 || MASRI, D.O.; KEITH CARRILLO, NP; BEVERLY WELCH; TCHUISSE 19 |} HERMIONE, NP; MANUEL O. NATIVIDAD, M.D.; VERONICA 20 || HERNANDEZ-LARA, NP; REA Filed Date: 08/02/23 WHITMAN, PA; CHASE LUTHER, Trial Date: 05/15/24 21||M.D.; ROBERT PAQUETTE, M.D.; ZIBA DAYANI, PA; EKATERINA 22 || KOROL, NP; DINA VILLAPUDUA, PA; OLIVIA GOMEZ, M.D.; 23 || BRITTANY SLAUGHTER, PA; ALEXIS M. PETERS, M.D.; AUNG 24 || LIN, D.O.; CHRISTINA R. GHALY, M.D.; TIMOTHY BELAVICH, PH.D.; 25 || SEAN HENDERSON, M.D.; CITY OF WEST COVINA; MARTINEZ J514; 26 |} and, OFFICER BOWMAN #418; 27 Defendants. 28

1 | TO THE HONORABLE COURT: 2 By and through their counsel of record in this action, plaintiff JULIAN 3 || PULIDO and defendants CITY OF CITY OF WEST COVINA, MARTINEZ J514; and, OFFICER BOWMAN #418; and defendants COUNTY OF LOS ANGELES; || NGOZI CHUKWUEMEK, NP; TRINI BUI, NP; MONIKA VILLAZON, NP; 6||/ TAYLOR DOCTER, PGY3; MINA MASRI, D.O.; KEITH CARRILLO, NP; 7||BEVERLY WELCH; TCHUISSE HERMIONE, NP; MANUEL O. NATIVIDAD, 8 ||M.D.; VERONICA HERNANDEZ-LARA, NP; REA WHITMAN, PA; CHASE 9 || LUTHER, M.D.; ROBERT PAQUETTE, M.D.; ZIBA DAYANI, PA; EKATERINA KOROL, NP; DINA VILLAPUDUA, PA; OLIVIA GOMEZ, M.D.; BRITTANY 2 11 || SLAUGHTER, PA; ALEXIS M. PETERS, M.D.; AUNG LIN, D.O.; CHRISTINA |R. GHALY, M.D.; TIMOTHY BELAVICH, PH.D.; SEAN HENDERSON, M.D. 13 || (hereinafter "Defendants") — the parties — hereby stipulate for the purpose of jointly 14 || requesting that the honorable Court enter a protective order re confidential documents 15 || in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26 and any applicable Orders 16 || of the Court] — as follows: 17 GOOD CAUSE STATEMENT 18|}1. INTRODUCTION. 19 1.1 PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 || proprietary, or private information for which special protection from public 22 || disclosure and from use for any purpose other than prosecuting this litigation may 23 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 24 || enter the following Stipulated Protective Order. The parties acknowledge that this 25 || Order does not confer blanket protections on all disclosures or responses to 26 || discovery and that the protection it affords from public disclosure and use extends 27 || only to the limited information or items that are entitled to confidential treatment 28 || under the applicable legal principles. The parties further acknowledge, as set forth in

1 || Section 12.3, below, that this Stipulated Protective Order does not entitle them to 2 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 3 || procedures that must be followed and the standards that will be applied when a party 4 seeks permission from the court to file material under seal. 5 1.2. ©.GOOD CAUSE STATEMENT 6 Defendants contend that there is good cause and a particularized need for a 7 || protective order to preserve the interests of confidentiality and privacy in peace officer 8 || personnel file records and associated investigative or confidential records for the 9 || following reasons. 10 First, Defendants contend that peace officers have a federal privilege of privacy 2 11 |/in their personnel file records: a reasonable expectation of privacy therein that is x 12 || underscored, specified, and arguably heightened by the Pitchess protective procedure 13 || of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034 2 14 || (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12- = 15 || 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based 16 || discovery disputes involving federal claims,” the “state privilege law which is consistent with its federal equivalent significantly assists in applying [federal] 18 || privilege law to discovery disputes’’); Soto v. City of Concord, 162 F.R.D. 603, 613 19 |/n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights 20 || [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code 21]1§§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that 22 || uncontrolled disclosure of such personnel file information can threaten the safety of 23 || non-party witnesses, officers, and their families/associates. 24 Second, Defendants contend that municipalities and law enforcement agencies 25 ||have federal deliberative-executive process privilege, federal official information 26 || privilege, federal law enforcement privilege, and federal attorney-client privilege (and/or attorney work product protection) interests in the personnel files of their peace 28 || officers — particularly as to those portions of peace officer personnel files that contain

1 || critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or 2 || communications for the purposes of obtaining or rendering legal advice or analysis — 3 || potentially including but not limited to evaluative/analytical portions of Internal 4 || Affairs type records or reports, evaluative/analytical portions of supervisory records 5 || or reports, and/or reports prepared at the direction of counsel, or for the purpose of 6 || obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa 7\| Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 8 || 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 9 || 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); 10 || Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. 2 11 || vy. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants 12 further contend that such personnel file records are restricted from disclosure by the 13 || public entity’s custodian of records pursuant to applicable California law and that 2 14 || uncontrolled release is likely to result in needless intrusion of officer privacy; = 15/limpairment in the collection of third-party witness information and statements 16 || and related legitimate law enforcement investigations/interests; and a chilling of 17|lopen and honest discussion regarding and/or investigation into alleged 18 || misconduct that can erode a public entity’s ability to identify and/or implement 19 || any remedial measures that may be required. 20 Third, Defendants contend that, since peace officers do not have the same rights 21 )las other private citizens to avoid giving compelled statements, it is contrary to the fundamental principles of fairness to permit uncontrolled release of officers’ 23 || compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 24 || 828-830 (1985); cf. U.S. Const., amend V. 25 Accordingly, Defendants contend that, without a protective order preventing 26 |! such, production of confidential records in the case can and will likely substantially 27 impair and harm defendant public entity’s interests in candid self-critical analysis, 28 | frank internal deliberations, obtaining candid information from witnesses, preserving

1 || the safety of witnesses, preserving the safety of peace officers and peace officers’ 2\|families and associates, protecting the privacy officers of peace officers, and 3 ||preventing pending investigations from being detrimentally undermined by 4 || publication of private, sensitive, or confidential information — as can and often does 5 || result in litigation. 6 Defendants further contend that, absent this Stipulation and its associated 7 || Protective Order, the parties' respective privilege interests may be impaired or 8 || harmed, and that this Stipulation and its associated Protective Order may avoid such 9 || harm by permitting the parties to facilitate discovery with reduced risk that privileged and/or sensitive/confidential information will become matters of public < 11 || record. — 2. DEFINITIONS 13 2.1 Action: Julian Pulido v. County of Los Angeles, et al., Case No 2 14 || 2:23-ev-06266-SVW (JPRx) = 15 2.2 Challenging Party: a Party or Non-Party that challenges the designation 16 || of information or items under this Order. 17 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 18 || how it is generated, stored or maintained) or tangible things that qualify for 19 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 || the Good Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 22 || their support staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 || items that it produces in disclosures or in responses to discovery as 25 || “CONFIDENTIAL.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless 27 || of the medium or manner in which it is generated, stored, or maintained (including, 28 || among other things, testimony, transcripts, and tangible things), that are produced or

1 || generated in disclosures or responses to discovery in this matter. 2 2.7 Expert: a person with specialized knowledge or experience in a matter 3 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 4 || an expert witness or as a consultant in this Action. 5 2.8 House Counsel: attorneys who are employees of a party to this Action. 6 || House Counsel does not include Outside Counsel of Record or any other outside 7 || counsel. 8 2.9 Non-Party: any natural person, partnership, corporation, association, or 9 || other legal entity not named as a Party to this action. 10 2.10 Outside Counsel of Record: attorneys who are not employees of a party 2 11 || to this Action but are retained to represent or advise a party to this Action and have x 12 || appeared in this Action on behalf of that party or are affiliated with a law firm which 13 || has appeared on behalf of that party, and includes support staff. S$ 14 2.11 Party: any party to this Action, including all of its officers, directors, 15 ||}employees, consultants, retained experts, and Outside Counsel of Record (and their 16 || support staffs). 17 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 18 || Discovery Material in this Action. 19 2.13 Professional Vendors: persons or entities that provide litigation support 20 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 21 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 || and their employees and subcontractors. 23 2.14 Protected Material: any Disclosure or Discovery Material that is 24 || designated as “CONFIDENTIAL.” 25 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 26 || from a Producing Party. 27 3. SCOPE 28 The protections conferred by this Stipulation and Order cover not only

1 || Protected Material (as defined above), but also (1) any information copied or 2 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 3 || compilations of Protected Material; and (3) any testimony, conversations, or 4 || presentations by Parties or their Counsel that might reveal Protected Material. 5 Any use of Protected Material at trial will be governed by the orders of the 6 || trial judge. This Order does not govern the use of Protected Material at trial 7 4. DURATION 8 FINAL DISPOSITION of the action is defined as the conclusion of any 9 || appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 10 ||has run. Except as set forth below, the terms of this protective order apply through 2 11 || FINAL DISPOSITION of the action. The parties may stipulate that the they will be x 12 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 13 will have to file a separate action for enforcement of the agreement once all 14 || proceedings in this case are complete. = 15 Once a case proceeds to trial, information that was designated as 16 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 17 || as an exhibit at trial becomes public and will be presumptively available to all 18 || members of the public, including the press, unless compelling reasons supported by 19 |) specific factual findings to proceed otherwise are made to the trial judge in advance 20 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 21 || showing for sealing documents produced in discovery from “compelling reasons” 22 || standard when merits-related documents are part of court record). Accordingly, for 23 || such materials, the terms of this protective order do not extend beyond the 24 || commencement of the trial. 25 26 DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 || Each Party or Non-Party that designates information or items for protection under

1 || this Order must take care to limit any such designation to specific material that 2 || qualifies under the appropriate standards. To the extent practical, the Designating 3 || Party must designate for protection only those parts of material, documents, items, 4 || or oral or written communications that qualify so that other portions of the material, 5 || documents, terms, or communications for which protection is not warranted are not 6 || swept unjustifiably within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 || that are shown to be clearly unjustified or that have been made for an improper 9 || purpose (e.g., to unnecessarily encumber the case development process or to impose 10 || unnecessary expenses and burdens on other parties) may expose the Designating 2 11 || Party to sanctions. x 12 If it comes to a Designating Party’s attention that information or items that it 13 || designated for protection do not qualify for protection, that Designating Party must S$ 14 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 5.2. Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as 17 || otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 18 || protection under this Order must be clearly so designated before the material is 19 || disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, 22 || but excluding transcripts of depositions or other pretrial or trial proceedings), that 23 || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 24 || “CONFIDENTIAL legend”), to each page that contains protected material. If only a 25 || portion or portions of the material on a page qualifies for protection, the Producing 26 || Party also must to the extent practical clearly identify the protected portion(s) (e.g., 27 || by making appropriate markings in the margins). The “CONFIDENTIAL” legend 28 || shall not obstruct the legibility of the designated document and shall be placed in the

1 || margins of the document whenever possible. 2 A Party or Non-Party that makes original documents available for inspection 3 || need not designate them for protection until after the inspecting Party has indicated 4 || which documents it would like copied and produced. During the inspection and 5 || before the designation, all of the material made available for inspection will be 6 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 7 || documents it wants copied and produced, the Producing Party must determine which 8 || documents, or portions thereof, qualify for protection under this Order. Then, before 9 || producing the specified documents, the Producing Party must affix the 10 || “CONFIDENTIAL legend” to each page that contains Protected Material. To the 2 11 || extent practical, if only a portion or portions of the material on a page qualifies for x 12 || protection, the Producing Party also must clearly identify the protected portion(s) 13 || (e.g., by making appropriate markings in the margins). The “CONFIDENTIAL” S$ 14 || legend shall not obstruct the legibility of the designated document and shall be 15 || placed in the margins of the document whenever possible. 16 For testimony given in depositions that the Designating Party identify the 17 || Disclosure or Discovery Material on the record, before the close of the deposition all 18 || protected testimony. 19 for information produced in some form other than documentary and for any 20 || other tangible items, that the Producing Party affix in a prominent place on the 21 || exterior of the container or containers in which the information is stored the legend 22 ||““CONFIDENTIAL.” If only a portion or portions of the information warrants 23 || protection, the Producing Party, to the extent practicable, will identify the protected 24 || portion(s). 25 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 26 || failure to designate qualified information or items does not, standing alone, waive 27 || the Designating Party’s right to secure protection under this Order for such material. 28 || Upon timely correction of a designation, the Receiving Party must make reasonable

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 5 || designation of confidentiality at any time that is consistent with the Court’s 6 || Scheduling Order 7 6.2. Meet and Confer. The Challenging Party will initiate the dispute 8 || resolution process under Local Rule 37.1 et seq. 9 6.3. The burden of persuasion in any such challenge proceeding will be on 10 || the Designating Party. Frivolous challenges, and those made for an improper 2 11 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other x 12 || parties) may expose the Challenging Party to sanctions. Unless the Designating 13 || Party has waived or withdrawn the confidentiality designation, all parties will S$ 14 || continue to afford the material in question the level of protection to which it is 15 || entitled under the Producing Party’s designation until the Court rules on the 16 || challenge. 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that is 19 || disclosed or produced by another Party or by a Non-Party in connection with this 20 || Action only for prosecuting, defending, or attempting to settle this Action. Such 21 || Protected Material may be disclosed only to the categories of persons and under the 22 || conditions described in this Order. When the Action has been terminated, a 23 || Receiving Party must comply with the provisions of section 13 below (FINAL 24 || DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 || location and in a secure manner that ensures that access 1s limited to the persons 27 || authorized under this Order. 28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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 the Receiving Party’s Outside Counsel of Record in 4 || this Action, as well as employees of said Outside Counsel of Record to whom it is 5 || reasonably necessary to disclose the information for this Action; 6 the officers, directors, and employees (including House Counsel) of the 7 || Receiving Party to whom disclosure is reasonably necessary for this Action; 8 Experts (as defined in this Order) of the Receiving Party to whom disclosure 9 ||is reasonably necessary for this Action and who have signed the “Acknowledgment 10 || and Agreement to Be Bound” (Exhibit A); the Court and its personnel; court 2 11 || reporters and their staff; professional jury or trial consultants, mock jurors, and x 12 || Professional Vendors to whom disclosure is reasonably necessary for this Action 13 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit S$ || A); the author or recipient of a document containing the information or a custodian 15 || or other person who otherwise possessed or knew the information; during their 16 || depositions, witnesses, and attorneys for witnesses, in the Action to whom 17 || disclosure 1s reasonably necessary provided: (1) the deposing party requests that the 18 || witness sign the form attached as Exhibit A hereto; and (2) they will not be 19 || permitted to keep any confidential information unless they sign the 20 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 21 || agreed by the Designating Party or ordered by the court. Pages of transcribed 22 || deposition testimony or exhibits to depositions that reveal Protected Material may 23 || be separately bound by the court reporter and may not be disclosed to anyone except 24 || as permitted under this Stipulated Protective Order; and any mediator or settlement 25 || officer, and their supporting personnel, mutually agreed upon by any of the parties 26 || engaged in settlement discussions or appointed by the Court. 27 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 28 || PRODUCED IN OTHER LITIGATION

1 If a Party is served with a subpoena or a court order issued in other litigation 2 || that compels disclosure of any information or items designated in this Action as 3 || “CONFIDENTIAL,” that Party must: promptly notify in writing the Designating 4 || Party. Such notification will include a copy of the subpoena or court order; unless 5 || prohibited by law promptly notify in writing the party who caused the subpoena or 6 || order to issue in the other litigation that some or all of the material covered by the 7 || subpoena or order is subject to this Protective Order. Such notification will include a 8 || copy of this Stipulated Protective Order; and cooperate with respect to all reasonable 9 || procedures sought to be pursued by the Designating Party whose Protected Material 10 || may be affected. If the Designating Party timely seeks a protective order, the Party 2 11 || served with the subpoena or court order will not produce any information designated x 12 || in this action as “CONFIDENTIAL” before a determination by the relevant court 13 || unless the Party has obtained the Designating Party’s permission. The Designating S$ 14 || Party will bear the burden and expense of seeking protection in that court of its 15 || confidential material and nothing in these provisions should be construed as 16 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful 17 || directive from another court. 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE || PRODUCED IN THIS LITIGATION 20 (a) The terms of this Order are applicable to information produced by a Non- 21 || Party in this Action and designated as “CONFIDENTIAL.” Such information 22 || produced by Non-Parties in connection with this litigation is protected by the 23 || remedies and relief provided by this Order. Nothing in these provisions should be 24 || construed as prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 || produce a Non-Party’s confidential information in its possession, and the Party is 27 || subject to an agreement with the Non-Party not to produce the Non-Party’s 28 || confidential information, then the Party will:

1 (1) promptly notify in writing the Requesting Party and the Non-Party that 2 some or all of the information requested is subject to a confidentiality agreement 3 || with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 5 || Order in this Action, the relevant discovery request(s), and a reasonably specific 6 || description of the information requested; and 7 (3) make the information requested available for inspection by the Non-Party, 8 || if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 14 10 || days of receiving the notice and accompanying information, the Receiving Party 2 11 || may produce the Non-Party’s confidential information responsive to the discovery x 12 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 || not produce any information in its possession or control that is subject to the S$ 14 || confidentiality agreement with the Non-Party before a determination by the court. 15 || Absent a court order to the contrary, the Non-Party shall bear the burden and 16 || expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 18 || MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 || Protected Material to any person or in any circumstance not authorized under this 21 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 22 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 23 || retrieve all unauthorized copies of the Protected Material, (c) inform the person or 24 || persons to whom unauthorized disclosures were made of all the terms of this Order, 25 || and (d) request such person or persons to execute the “Acknowledgment and 26 || Agreement to Be Bound” that is attached hereto as Exhibit A. 27 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 28 || PROTECTED MATERIAL

1 When a Producing Party gives notice to Receiving Parties that certain 2 || inadvertently produced material is subject to a claim of privilege or other protection, 3 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 4 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 5 || may be established in an e-discovery order that provides for production without 6 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 7 || as the parties reach an agreement on the effect of disclosure of a communication or 8 || information covered by the attorney-client privilege or work product protection, the 9 || parties may incorporate their agreement in the stipulated protective order submitted 10 || to the court provided the Court so allows. 2 il MISCELLANEOUS x 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 || person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 || Protective Order no Party waives any right it otherwise would have to object to 16 || disclosing or producing any information or item on any ground not addressed in this 17 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 || ground to use 1n evidence of any of the material covered by this Protective Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 || Protected Material must comply with Civil Local Rule 79-5. Protected Material ay 21 || only be filed under seal pursuant to a court order authorizing the sealing of the 22 || specific Protected Material at issue. If a Party’s request to file Protected Material 23 || under seal is denied by the court, then the Receiving Party may file the information 24 || in the public record unless otherwise instructed by the court. 25 26 13. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in paragraph 4, within 60 28 || days of a written request by the Designating Party, each Receiving Party must return

1 jj all Protected Material to the Producing Party or destroy such material. As used in 2 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 || summaries, and any other format reproducing or capturing any of the Protected 4 || Material. Whether the Protected Material is returned or destroyed, the Receiving 5 || Party must submit a written certification to the Producing Party (and, if not the same 6 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 7 || (by category, where appropriate) all the Protected Material that was returned or 8 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 9 || abstracts, compilations, summaries or any other format reproducing or capturing any 10 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 2 11 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing x 12 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 13 || reports, attorney work product, and consultant and expert work product, even if such S$ 14 || materials contain Protected Material. Any such archival copies that contain or 15 || constitute Protected Material remain subject to this Protective Order as set forth in 16 || Section 4 (DURATION). 17 14. Any willful violation of this Order may be punished by civil or criminal 18 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 19 || authorities, or other appropriate action at the discretion of the Court. 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 22 23 24 25 26 27 28

1|}DATED: December 26, 2023 MANNING & KASS > ELLROD, RAMIREZ, TRESTER LLP 3 4 . . . By: /s/ Craig Smith 5 Mildred K. O'Linn 6 Craig Smith Joseph Gordon 7 Attorneys for Defendants, CITY OF WEST 8 COVINA, MARTINEZ J514; and, OFFICER BOWMAN #418 9 19 || DATED: December 26, 2023 CONLOGUE LAW, LLP.

< 11 — 12 By: /s/ Kevin S. Conlogue = 13 Kevin S. Conlogue, Esq. = 14 Ashley M. Conlogue, Esq. = Attorneys for Plaintiff >= 15 Julian Pulido 16 DATED: December 26, 2023 ROGERS | BELTRAN LLP 17 18 19 By: /s/ Damon Rogers 0 Damon Rogers, Esq. Andy Beltran, Esq. 21 Attorneys for Plaintiff Julian Pulido 22 23 24 25 26 27 28 ///

DATED: December 26, 2023 PETERSON, BRADFORD, BURKWITZ, GREGORIO, BURKWITZ, & SU, LLP 3 4 By: /s/ Gil Burkwitz 5 Avi Burkwitz, Esq. Gil Burkwitz, Esq. 6 Avery Canty, Esq.. Attorneys for Defendants, 7 County of Los Angeles, Ngozi Chukwuemek, NP, Monika Villazon, NP, 8 Trini Bui, NP, Taylor Docter, PGY3, Mina Masri, D.O., Keith Carillo, NP, Beverly 9 Welch, Tchuisse Hermione, NP, Manuel O. Natividad, M.D., Veronica Hernandez- 10 Lara, NP, Chase Luther, M.D., Robert Paquette, M.D., Ziba Dayani, PA, < Il Ekaterina Korol, NP, Dina Villapudia, PA, < Brittany Slaughter, PA., Alexis M. Peters, — 12 M.D., Aung Lin, D.O., Christina R. Ghaly, M.D., Timothy Belavich, Ph.D., Sean z 13 Henderson, M.D. 5S 14

21 22 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 25 UY, 6 DATED: January 9, 2024

07 Hon. Jean P. Rosenbluth United States Magistrate Judge 28