Justin Cody Harper v. City of Redlands

• Court: District Court, C.D. California
• Decided: October 31, 2023
• Docket: 5:23-cv-00695
• Status: Unknown

Opinion

1 J jra tm @e js o nR e. s T -mou ac yh es r.t co on me, SBN 184584 Denise L. Rocawich, SBN 232792 2 dlr@jones-mayer.com JONES & MAYER 3 3777 North Harbor Boulevard 4 Fullerton, CA 92835 Telephone: (714) 446-1400 5 Facsimile: (714) 446-1448

6 Attorneys for Defendants CITY OF REDLANDS and OFFICER KOAHOU 7 LAW OFFICE OF SHARON J. BRUNNER 8 Sharon J. Brunner, Esq. (SBN: 229931) Email: sharonjbrunner@yahoo.com 9 14393 Park Avenue, Suite 100 Victorville, CA 92392 10 Tel: (760) 243-9997 11 Fax: (760) 843-8155

12 LAW OFFICE OF JAMES S. TERRELL James S. Terrell, Esq. (SBN. 170409) 13 Email: jim@talkterrell.com 15411 Anacapa Road 14 Victorville, California 92392 Tel: (760) 951-5850 15 Fax: (760) 952-1085

16 Attorneys for Plaintiff, JUSTIN CODY HARPER 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 JUSTIN CODY HARPER, Case No.: 5:23-cv-00695 SSS (KK) 20 21 v. Plaintiff, STIPULATED PROTECTIVE 22 CITY OF REDLANDS, ORDER1 23 R DE ED PALA RTN MD ES NP TO ,L PI OCE L ICE OFFICER KOAHOU and DOES 1- 24 10, INCLUSIVE.

25 Defendants. 26 27 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the 6 Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items that 10 are entitled to confidential treatment under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 The Parties represent that pre-trial discovery in this case is likely to 13 include the production of information and/or documents that are confidential 14 and/or privileged including the production of peace officer personnel file 15 information and/or documents which the Parties agree includes: (1) Personal 16 data, including marital status, family members, educational and employment 17 history, home addresses, or similar information; (2) Medical history; (3) Election 18 of employee benefits; (4) Employee advancement, appraisal, or discipline; and 19 (5) Complaints, or investigations of complaints, concerning an event or 20 transaction in which a peace officer participated, or which a peace officer 21 perceived, and pertaining to the manner in which the peace officer performed his 22 or her duties including compelled statements by peace officers unless specifically 23 denoted as “not confidential” pursuant to Penal Code section 832.7. Defendants 24 contend that such information is privileged as official information. Sanchez v. 25 City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 1990); see also Kerr v. 26 United States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975), aff'd, 426 27 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Further, discovery may require 1 the production of certain Redlands Police Department Policies and Procedures 2 not available to the public and the public disclosure of which could comprise 3 officer safety, raise security issues, and/or impede investigations. Peace officer 4 personnel file information and/or documents and security-sensitive policies and 5 procedures are hereinafter referred to as "Confidential Information". 6 Defendants contend that that public disclosure of such material poses a 7 substantial risk of embarrassment, oppression and/or physical harm to peace 8 officers whose Confidential Information is disclosed. The Parties further agree 9 that the risk of harm to peace officers is greater than with other government 10 employees due to the nature of their profession. Finally, the Defendants contend 11 that the benefit of public disclosure of Confidential Information is minimal while 12 the potential disadvantages are great. 13 Accordingly, good cause exists for entry of this Protective Order to 14 facilitate pre-trial disclosure while assuring the safety of these sensitive 15 disclosures. See Fed. R. Civ. Proc. 26(c). 16 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING 17 UNDER SEAL 18 The parties further acknowledge, as set forth in Section 12.3, below, that 19 this Stipulated Protective Order does not entitle them to file confidential 20 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 21 be followed and the standards that will be applied when a party seeks permission 22 from the court to file material under seal. 23 There is a strong presumption that the public has a right of access to 24 judicial proceedings and records in civil cases. In connection with non- 25 dispositive motions, good cause must be shown to support a filing under seal. 26 See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 27 2006); Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); 1 Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) 2 (even stipulated protective orders require good cause showing), and a specific 3 showing of good cause or compelling reasons with proper evidentiary support 4 and legal justification, must be made with respect to Protected Material that a 5 party seeks to file under seal. The parties’ mere designation of Disclosure or 6 Discovery Material as CONFIDENTIAL does not—without the submission of 7 competent evidence by declaration, establishing that the material sought to be 8 filed under seal qualifies as confidential, privileged, or otherwise protectable— 9 constitute good cause. 10 Further, if a party requests sealing related to a dispositive motion or trial, 11 then compelling reasons, not only good cause, for the sealing must be shown, 12 and the relief sought shall be narrowly tailored to serve the specific interest to be 13 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 14 2010). For each item or type of information, document, or thing sought to be 15 filed or introduced under seal in connection with a dispositive motion or trial, the 16 party seeking protection must articulate compelling reasons, supported by 17 specific facts and legal justification, for the requested sealing order. Again, 18 competent evidence supporting the application to file documents under seal must 19 be provided by declaration. 20 Any document that is not confidential, privileged, or otherwise protectable 21 in its entirety will not be filed under seal if the confidential portions can be 22 redacted. If documents can be redacted, then a redacted version for public 23 viewing, omitting only the confidential, privileged, or otherwise protectable 24 portions of the document shall be filed. Any application that seeks to file 25 documents under seal in their entirety should include an explanation of why 26 redaction is not feasible. 27 // 1 2. DEFINITIONS 2 2.1 Action: This pending federal lawsuit – Justin Cody Harper, an 3 individual v. City of Redlands, Redlands Police Officer Koahou, and Does 1-10, 4 inclusive, Case No. 5:23-cv-00695 SSS (KK). 5 2.2 Challenging Party: A Party or Non-Party that challenges the 6 designation of information or items under this Order. 7 2.3 “CONFIDENTIAL” Information or Items: Information (regardless 8 of how it is generated, stored or maintained) or tangible things that qualify for 9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 10 the Good Cause Statement. 11 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 12 their support staff). 13 2.5 Designating Party: A Party or Non-Party that designates information 14 or items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: All items or information, 17 regardless of the medium or manner in which it is generated, stored, or 18 maintained, that are produced or generated in disclosures or responses to 19 discovery in this matter. 20 2.7. Expert: A person with specialized knowledge or experience in a 21 matter pertinent to the litigation who has been retained by a Party or its counsel 22 to serve as an expert witness or as a consultant in this Action. 23 2.8 House Counsel: City Attorney including his or her staff. 24 2.9 Non-Party: Any natural person including employees and former 25 employees, agency, partnership, corporation, association, or other legal entity not 26 named as a Party to this action. 27 2.10 Outside Counsel of Record: Attorneys who are retained to represent 1 or advise a party to this Action and have appeared in this Action on behalf of that 2 party or are affiliated with a law firm which has appeared on behalf of that party 3 and includes support staff. 4 2.11 Party: Any party to this Action, including all of its officers, 5 directors, employees, consultants, retained experts, and Outside Counsel of 6 Record and House Counsel (and their support staff). 7 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 8 Discovery Material in this Action. 9 2.13 Professional Vendors: Persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits 11 or demonstrations, and organizing, storing, or retrieving data in any form or 12 medium) and their employees and subcontractors. 13 2.14 Protected Material: Any Disclosure or Discovery Material that is 14 designated as “CONFIDENTIAL.” 15 2.15 Receiving Party: A Party that receives Disclosure or Discovery 16 Material from a Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 Protected Material (as defined above), but also (1) any information copied or 20 Extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 Any use of Protected Material at trial shall be governed by the orders of 24 the trial judge. This Order does not govern the use of Protected Material at trial. 25 4. DURATION 26 Once a case proceeds to trial, information that was designated as 27 CONFIDENTIAL or maintained pursuant to this protective order used or 1 introduced as an exhibit at trial becomes public and will be presumptively 2 available to all members of the public, including the press, unless compelling 3 reasons supported by specific factual findings to proceed otherwise are made to 4 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 5 (distinguishing “good cause” showing for sealing documents produced in 6 discovery from “compelling reasons” standard when merits-related documents 7 are part of court record). Accordingly, the terms of this protective order do not 8 extend beyond the commencement of the trial. 9 5. DESIGNATING PROTECTED MATERIAL 10 5.1 Exercise of Restraint and Care in Designating Material for 11 Protection. Each Party or Non-Party that designates information or items 12 for protection under this Order must take care to limit any such designation to 13 specific material that qualifies under the appropriate standards. The Designating 14 Party must designate for protection only those parts of material, documents, 15 items, or oral or written communications that qualify so that other portions of the 16 material, documents, items, or communications for which protection is not 17 warranted are not swept unjustifiably within the ambit of this Order. 18 Mass, indiscriminate, or routinized designations are prohibited. 19 Designations that are shown to be clearly unjustified or that have been made for 20 an improper purpose (e.g., to unnecessarily encumber the case development 21 process or to impose unnecessary expenses and burdens on other parties) may 22 expose the Designating Party to sanctions. 23 If it comes to a Designating Party’s attention that information or items that 24 it designated for protection do not qualify for protection, that Designating Party 25 must promptly notify all other Parties that it is withdrawing the inapplicable 26 designation. 27 5.2 Manner and Timing of Designations. Except as otherwise provided 1 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as 2 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 3 for protection under this Order must be clearly so designated before the material 4 is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) For information in documentary form (e.g., paper or 7 electronic documents, but excluding transcripts of depositions or other pretrial or 8 trial proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 10 contains protected material. If only a portion or portions of the material on a page 11 qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents available for 14 inspection need not designate them for protection until after the inspecting Party 15 has indicated which documents it would like copied and produced. During the 16 inspection and before the designation, all of the material made available for 17 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 18 identified the documents it wants copied and produced, the Producing Party must 19 determine which documents, or portions thereof, qualify for protection under this 20 Order. Then, before producing the specified documents, the Producing Party 21 must affix the “CONFIDENTIAL legend” to each page that contains Protected 22 Material. If only a portion or portions of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins). 25 (b) For testimony given in depositions that the Designating Party 26 identify the Disclosure or Discovery Material on the record, before the close of 27 the deposition all protected testimony. 1 (c) For information produced in some form other than 2 documentary and for any other tangible items, that the Producing Party affix in a 3 prominent place on the exterior of the container or containers in which the 4 information is stored the legend “CONFIDENTIAL.” If only a portion or 5 portions of the information warrants protection, the Producing Party, to the 6 extent practicable, shall identify the protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, 9 waive the Designating Party’s right to secure protection under this Order for such 10 material. Upon timely correction of a designation, the Receiving Party must 11 make reasonable efforts to assure that the material is treated in accordance with 12 the provisions of this Order. 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37.1 et seq. 19 6.3 The burden of persuasion in any such challenge proceeding shall be 20 on the Designating Party. Frivolous challenges, and those made for an improper 21 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 22 parties) may expose the Challenging Party to sanctions. Unless the Designating 23 Party has waived or withdrawn the confidentiality designation, all parties shall 24 continue to afford the material in question the level of protection to which it is 25 entitled under the Producing Party’s designation until the Court rules on the 26 challenge. 27 // 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that 3 is disclosed or produced by another Party or by a Non-Party in connection with 4 this Action only for prosecuting, defending, or attempting to settle this Action. 5 Such Protected Material may be disclosed only to the categories of persons and 6 under the conditions described in this Order. When the Action has been 7 terminated, a Receiving Party must comply with the provisions of Section 13 8 below (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at 10 a location and in a secure manner that ensures that access is limited to the 11 persons authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the Court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) The Receiving Party’s Outside Counsel of Record in this 17 Action, as well as employees of said Outside Counsel of Record to whom it is 18 reasonably necessary to disclose the information for this Action; 19 (b) The officers, directors, and employees (including House 20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 21 this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to 23 whom disclosure is reasonably necessary for this Action and who have signed 24 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) The Court and its personnel; 26 (e) Court reporters and their staff; 27 (f) Professional jury or trial consultants, mock jurors, and 1 Professional Vendors to whom disclosure is reasonably necessary for this Action 2 and who have signed the “Acknowledgment and Agreement to Be Bound” 3 (Exhibit A); 4 (g) The author or recipient of a document containing the 5 information or a custodian or other person who otherwise possessed or knew the 6 information; 7 (h) During their depositions, witnesses, and attorneys for 8 witnesses, in the Action to whom disclosure is reasonably necessary provided: 9 (1) the deposing party requests that the witness sign the form attached as Exhibit 10 1 hereto; and (2) they will not be permitted to keep any confidential information 11 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 12 A), unless otherwise agreed by the Designating Party or ordered by the Court. 13 Pages of transcribed deposition testimony or exhibits to depositions that reveal 14 Protected Material may be separately bound by the court reporter and may not be 15 disclosed to anyone except as permitted under this Stipulated Protective Order; 16 and 17 (i) Any mediator or settlement officer, and their supporting 18 personnel, mutually agreed upon by any of the parties engaged in settlement 19 discussions. 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 21 PRODUCED IN OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other 23 litigation that compels disclosure of any information or items designated in this 24 Action as “CONFIDENTIAL,” that Party must: 25 (a) Promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) Promptly notify in writing the party who caused the subpoena or 1 order to issue in the other litigation that some or all of the material covered by 2 the subpoena or order is subject to this Protective Order. Such notification shall 3 include a copy of this Stipulated Protective Order; and 4 (c) Cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served 7 with the subpoena or court order shall not produce any information designated in 8 this action as “CONFIDENTIAL” before a determination by the court from 9 which the subpoena or order issued, unless the Party has obtained the 10 Designating Party’s permission. The Designating Party shall bear the burden and 11 expense of seeking protection in that court of its confidential material and 12 nothing in these provisions should be construed as authorizing or encouraging a 13 Receiving Party in this Action to disobey a lawful directive from another court. 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 18 information produced by Non-Parties in connection with this litigation is 19 protected by the remedies and relief provided by this Order. Nothing in these 20 provisions should be construed as prohibiting a Non-Party from seeking 21 additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 (1) Promptly notify in writing the Requesting Party and the Non- 27 Party that some or all of the information requested is subject to a confidentiality 1 agreement with a Non-Party; 2 (2) Promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a 4 reasonably specific description of the information requested; and 5 (3) Make the information requested available for inspection by 6 the Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this court 8 within 14 days of receiving the notice and accompanying information, the 9 Receiving Party may produce the Non-Party’s confidential information 10 responsive to the discovery request. If the Non-Party timely seeks a protective 11 order, the Receiving Party shall not produce any information in its possession or 12 control that is subject to the confidentiality agreement with the Non-Party before 13 a determination by the court. Absent a court order to the contrary, the Non-Party 14 shall bear the burden and expense of seeking protection in this court of its 15 Protected Material. 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has 18 disclosed Protected Material to any person or in any circumstance not authorized 19 under this Stipulated Protective Order, the Receiving Party must immediately (a) 20 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 21 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 22 inform the person or persons to whom unauthorized disclosures were made of all 23 the terms of this Order, and (d) request such person or persons to execute the 24 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 25 Exhibit A. 26 // 27 // 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other 5 protection, the obligations of the Receiving Parties are those set forth in Federal 6 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 7 whatever procedure may be established in an e-discovery order that provides for 8 production without prior privilege review. Pursuant to Federal Rule of Evidence 9 502(d) and (e), insofar as the parties reach an agreement on the effect of 10 disclosure of a communication or information covered by the attorney-client 11 privilege or work product protection, the parties may incorporate their agreement 12 in the Stipulated Protective Order submitted to the Court. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of 15 any person to seek its modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order, no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in 19 this Stipulated Protective Order. Similarly, no Party waives any right to object on 20 any ground to use in evidence of any of the material covered by this Protective 21 Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material 24 may only be filed under seal pursuant to a court order authorizing the sealing of 25 the specific Protected Material at issue. If a Party's request to file Protected 26 Material under seal is denied by the court, then the Receiving Party may file the 27 information in the public record unless otherwise instructed by the Court. 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in Section 4, within 3 sixty (60) days of a written request by the Designating Party, each Receiving 4 Party must return all Protected Material to the Producing Party or destroy such 5 material. As used in this subdivision, “all Protected Material” includes all copies, 6 abstracts, compilations, summaries, and any other format reproducing or 7 capturing any of the Protected Material. Whether the Protected Material is 8 returned or destroyed, the Receiving Party must submit a written certification to 9 the Producing Party (and, if not the same person or entity, to the Designating 10 Party) by the 60 day deadline that (1) identifies (by category, where appropriate) 11 all the Protected Material that was returned or destroyed and (2) affirms that the 12 Receiving Party has not retained any copies, abstracts, compilations, summaries 13 or any other format reproducing or capturing any of the Protected Material. 14 Notwithstanding this provision, Counsel are entitled to retain an archival copy of 15 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 16 memoranda, correspondence, deposition and trial exhibits, expert reports, 17 attorney work product, and consultant and expert work product, even if such 18 materials contain Protected Material. Any such archival copies that contain or 19 constitute Protected Material remain subject to this Protective Order as set forth 20 in Section 4 (DURATION). 21 // 22 // 23 // 24 // 25 // 26 // 27 // 1 | 14. VIOLATION 2 Any violation of this Order may be punished by any and all appropriate 3 || measures including, without limitation, contempt proceedings and/or monetary 4 || sanctions. 5 | ITISSO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 DATED: October 30, 2023 /s/ James S. Terrell James S. Terrell, Esq. 8 Sharon J. Brunner, Esq. 9 Attorneys for Plaintiff Justin Cody Harper, 10 11 DATED: October 30, 2023 /s/Denise L. Rocawich 12 James R. Touchstone, Esq. 13 Denise L. Rocawich, Esq. Attorneys for Defendants City of Redlands 14 And Officer Koahou 15 □ 16 7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19 || DATED: October 31, 2023 HONORABLE KENLY KIYA KATO United States Magistrate Judge 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER CASE NO. 5:23-cv-00695 SSS (KK)

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, [print or type full name], of 4 [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issue by the United States District Court for the Central District of California 7 on ____________ [Date] in the case of Victoria Becerra, an individual and as 8 successor in interest to Lance Powell, deceased v. City of Barstow, Chief of 9 Barstow Police Andrew Espinoza, Jr. and Does 1-10, inclusive, Case No. 5:22- 10 cv-00731-MWF-RAO. I agree to comply with and to be bound by all the terms 11 of this Stipulated Protective Order and I understand and acknowledge that failure 12 to so comply could expose me to sanctions and punishment in the nature of 13 contempt. I solemnly promise that I will not disclose in any manner any 14 information or item that is subject to this Stipulated Protective Order to any 15 person or entity except in strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court for the Central District of California for the purpose of enforcing the terms 18 of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint 20 [print or type full name] of [print or type full 21 address and telephone number] as my California agent for service of process in 22 connection with this action or any proceedings related to enforcement of this 23 Stipulated Protective Order. 24 Date: 25 City and State where sworn and signed: 26 Printed Name: 27 Signature: