Ryan James Gue v. City of Hemet

• Court: District Court, C.D. California
• Decided: May 3, 2024
• Docket: 5:23-cv-00320
• Status: Unknown

Opinion

1 || Eugene P. Ramirez (State Bar No. 134865) cugene-ramirez(@manningkass-com 2 || Andrea K. Kornblau (State Bar No. 291613) andrea.kornblau@manningkass.com 3 || Marisa Zarate (State Bar No. 140286) marisa.zarateQmanningkass.com NOTE: CHANGES MADE BY THE COURT MANNING & Kass ELLROD, RAMIREZ, TRESTER LLP 5||801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 6 || Telephone: Gb) 624-6900 Facsimile: (213) 624-6999 7 Attorneys for Defendant, CITY OF HEMET 9 10 UNITED STATES DISTRICT COURT 2 11 CENTRAL DISTRICT OF CALIFORNIA ¥~¥ 1 S 13 || RYAN JAMES GUE, Case No. 5:23-cv-00320-JAK-JPR > [Hon. John A. Kronstadt, District = 14 Plaintiff, Judge; Hon. Jean P. Rosenbluth] < = 15 V. [DISCOVERY MATTER] 16 || CITY OF HEMET; JOHN DOE #1, individually and as Police Officer for STIPULATION FOR ENTRY OF 17 || the Hemet Police Department; and PROTECTIVE ORDER RE DOES 2-10, inclusive, CONFIDENTIAL DOCUMENTS 18 Defendants. [Proposed Order filed concurrently 19 erewith] 20 oo Complaint Filed: 02/27/2023 21 22 || TO THE HONORABLE COURT: 23 By and through their counsel of record in this action, plaintiff RYAN JAMES 24||GUE (hereinafter referred to as “Plaintiff’), and defendant CITY OF HEMET 25 || (hereinafter referred to as ““Defendant’’) — the parties — hereby stipulate for the purpose 26 || of jointly requesting that the honorable Court enter a protective order re confidential 27 ||documents in this matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as 28 || U.S. Dist. Ct., C.D. Cal., Local Rules 7-1 and 52-4.1; and any applicable Orders of

1 || the Court] — as follows: 2 1. INTRODUCTION. 4 1.1. PURPOSES AND LIMITATIONS. 5 Discovery in this action may involve production of confidential, proprietary, or 6 || private information for which special protection from public disclosure and from use 7 || for any purpose other than prosecuting this litigation may be warranted. Accordingly, 8 || the Parties hereby stipulate to and petition the Court to enter the following Stipulated 9 || Protective Order. The Parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it 2 11 || affords from public disclosure and use extends only to the limited information or items x 12 that are entitled to confidential treatment under the applicable legal principles. The 13 || Parties further acknowledge that this Order does not entitle them to file Confidential S$ 14 || Information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 15 || followed and the standards that will be applied when a Party seeks permission from 16 || the Court to file material under seal. 17 1.2 GOOD CAUSE STATEMENT 18 Defendant contends that there is good cause and a particularized need for a 19 || protective order to preserve the interests of confidentiality and privacy in peace officer 20 || personnel file records and associated investigative or confidential records for the 21 || 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 vy. 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 discovery disputes involving federal claims,” the “state privilege law which 1s

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

1|}open and honest discussion regarding and/or investigation into alleged 2 || misconduct that can erode a public entity’s ability to identify and/or implement 3 || any remedial measures that may be required. 4 Third, Defendant contends that, since peace officers do not have the same rights 5 ||as other private citizens to avoid giving compelled statements, it is contrary to the 6||fundamental principles of fairness to permit uncontrolled release of officers’ 7 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822, 8 || 828-830 (1985); cf. U.S. Const., amend V. 9 Accordingly, Defendant contends that, without a protective order preventing 10 || such, production of confidential records in the case can and will likely substantially 2 11 ||impair and harm defendant public entity’s interests in candid self-critical analysis, x 12 || frank internal deliberations, obtaining candid information from witnesses, preserving 13 || the safety of witnesses, preserving the safety of peace officers and peace officers’ S$ 14||families and associates, protecting the privacy officers of peace officers, and preventing pending investigations from being detrimentally undermined by 16 || publication of private, sensitive, or confidential information — as can and often does 17 || result in litigation. 18 Plaintiffs do not agree with and do not stipulate to Defendant's contentions 19 || herein above, and nothing in this Stipulation or its associated Order shall resolve the 20 || parties’ disagreement, or bind them, concerning the legal statements and claimed 21 || privileges set forth above. 22 However, plaintiffs agree that there is Good Cause for a Protective Order so as 23 || to preserve the respective interests of the parties without the need to further burden 24 || the Court with such issues. Specifically, the parties jointly contend that, absent this 25 || Stipulation and its associated Protective Order, the parties' respective privilege 26 ||interests may be impaired or harmed, and that this Stipulation and its associated 27 || Protective Order may avoid such harm by permitting the parties to facilitate discovery 28 || with reduced risk that privileged and/or sensitive/confidential information will

1 || become matters of public record. 2 The parties jointly contend that there is typically a particularized need for 3 || protection as to any medical or psychotherapeutic records and autopsy photographs, 4 || because of the privacy interests at stake therein. Because of these sensitive interests, 5|{a Court Order should address these documents rather than a private agreement 6 || between the parties. 7 The parties therefore stipulate that there is Good Cause for, and hereby jointly 8 ||request that the honorable Court issue/enter, a Protective Order re confidential 9 || documents consistent with the terms and provisions of this Stipulation. However, the entry of a Protective Order by the Court pursuant to this Stipulation shall not be 2 11 ||construed as any ruling by the Court on the aforementioned legal statements or x 12 || privilege claims in this section (§ 1), nor shall this section be construed as part of any 13 || such Court Order. = 14]2. DEFINITIONS. 15 2.1. Action: this pending federal lawsuit. 16 2.2 Challenging Party: a Party or Nonparty that challenges the designation 17 || of information or items under this Order. 18 2.3. “Confidential” Information or Items: information (regardless of how 19 || generated, stored, or maintained) or tangible things that qualify for protection under 20 || Federal Rule of Civil Procedure 26(c) and as specified above in the Good Cause 21 || Statement. 22 2.4 Counsel: Outside Counsel and House Counsel (as well as their support 23 || staffs). 24 2.5 Designating Party: a Party or Nonparty that designates information or ||items that it produces in disclosures or in responses to discovery as 26 || “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless of 28 medium or manner in which it is generated, stored, or maintained (including,

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

□□□ SCOPE 2 The protections conferred by this Stipulation Order cover not only Protected 3 || Material (as defined above) but also any information copied or extracted from Protected Material; all copies, excerpts, summaries, or compilations of Protected 5 ||Material; and any testimony, conversations, or presentations by Parties or their 6 || Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 || trial judge. This Order does not govern the use of Protected Material at trial. 94. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations 2 11 |}imposed by this Order shall remain in effect until a Designating Party agrees 12 otherwise in writing or a court order otherwise directs. Final disposition is the later of 13 || (1) dismissal of all claims and defenses in this Action, with or without prejudice; or 14||(2) final judgment after the completion and exhaustion of all appeals, rehearings, 15 ||remands, trials, or reviews of this action, including the time limits for filing any 16 || motions or applications for extension of time pursuant to applicable law. 17||5. DESIGNATION OF PROTECTED MATERIAL 18 5.1. Each Party or non-party that designates information or items for 19 || protection under this Order must take care to limit any such designation to specific 20 || material that qualifies under the appropriate standards. To the extent practicable, a ||Designating Party must designate for protection only those parts of material, 22 ||documents, items, or oral or written communications that qualify so that other 23 || portions of the material, documents, items or communications for which protection is 24 || not warranted are not swept unjustifiably within the ambit of this Order. 25 Indiscriminate or routine designations are prohibited. Designations that are 26 || shown to be clearly unjustified, or that have been made for an improper purpose (for 27 ||example, to unnecessarily encumber the case-development process or to impose 28 || unnecessary expenses and burdens on other parties) may expose the Designating Party

1 || to sanctions. 2 If it comes to a Designating Party’s attention that information or items that it 3 || designated for protection do not qualify for that level of protection, the Designating 4||Party must promptly notify all other parties that it is withdrawing the inapplicable 5 || designation. 6 5.2. Except as otherwise provided in this Order, Disclosure or Discovery of 7 ||material that qualifies for protection under this Order must be clearly so designated 8 || before the material is disclosed or produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (for example, paper or electronic 2 11 ||documents but excluding transcripts of depositions or other pretrial or trial x 12 || proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 13 || page that contains Protected Material. If only a portion or portions of the material on S$ 14 ||a page qualifies for protection, the Producing Party should to the extent practicable 15||clearly identify the protected portion(s) (for example, by making appropriate 16 || markings in the margins). 17 A Party or Non-Party that makes original documents or materials available for 18 || inspection need not designate them for protection until after the inspecting Party has 19 || indicated which material it would like copied and produced. During the inspection 20 || and before the designation, all of the material made available for inspection shall be 21 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 22 ||1t wants copied and produced, the Producing Party must determine which documents, 23 || or portions thereof, qualify for protection under this Order. Then, before producing 24 || the specified documents, the Producing Party must affix the “CONFIDENTIAL” 25 || legend to each page that contains Protected Material. If only a portion or portions of 26 || the material on a page qualifies for protection, the Producing Party also must clearly 27 ||identify the protected portion(s) (e for example, by making appropriate markings in 28 || the margins).

1 (b) for testimony given in depositions, the Designating Party must identify 2 || the Disclosure or Discovery Material that is protected on the record, before the close 3 || of the deposition. 4 (c) for information produced in some form other than documentary and for 5 || any other tangible items, the Producing Party must affix in a prominent place on the 6 || exterior of the container or containers in which the information or item is stored the 7 \|legend “CONFIDENTIAL.” If only portions of the information or item warrant 8 || protection, the Producing Party, to the extent practicable, shall identify the protected 9 || portions. 10 5.3. If timely corrected, an inadvertent failure to designate qualified 2 11 || information or items does not, standing alone, waive the Designating Party’s right to x 12||secure protection under this Order for that material. On timely correction of a 13 || designation, the Receiving Party must make reasonable efforts to assure that the Ss 14 || material is treated in accordance with this Order. 15 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 16 6.1. Any Party or Non-Party may challenge a designation of confidentiality 17 || at any time that is consistent with the Court's Scheduling Order. 18 6.2. The Challenging Party must initiate a dispute resolution process (and if 19 || necessary, file a discovery motion) under Local Rule 37. 20 6.3. The burden of persuasion in any such challenge proceeding shall be on 21 || the Designating Party. Frivolous challenges, and those made for an improper purpose 22 || (for example, to harass or impose unnecessary expenses and burdens on other parties) 23 ||may expose the Challenging Party to sanctions. Unless the Designating Party has 24 || waived or withdrawn the confidentiality designation, all parties must continue to 25 || afford the material in question the level of protection to which it is entitled under the 26 || Producing Party’s designation until the Court rules on the challenge. 27 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL. 28 7.1. A Receiving Party may use Protected Material that is disclosed or

1 || produced by another Party or by a Nonparty in connection with this Action only for 2 || prosecuting, defending, or attempting to settle this Action. Such Protected Material 3 || may be disclosed only to the categories of people and under the conditions described 4 |/in this Order. When the Action has been terminated, a Receiving Party must comply 5 || with the provisions of section 13, below (FINAL DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 ||location and in a secure manner that ensures that access is limited to the people 8 || authorized under this Order. 9 7.2. Unless otherwise ordered by the Court or permitted in writing by the 10 || Designating Party, a Receiving Party may disclose any information or item designated 11|/CONFIDENTIAL only to: x 12 (a) the Receiving Party’s Outside Counsel of record in this action, as well 13 ||}as employees of that Outside Counsel of Record to whom it is reasonably necessary Ss 14 || to disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) of the 16 || Receiving Party to whom disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom 18 || disclosure is reasonably necessary for this Action and who have signed the 19 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (d) the Court and its personnel; 21 (ec) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and Professional 23 || Vendors to whom disclosure is reasonably necessary for this Action and who have 24 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the information or a 26 || custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses and attorneys for witnesses to whom 28 || disclosure is reasonably necessary, provided that the deposing party requests that the

1 || witness sign the form attached as Exhibit A hereto and the witnesses will not be 2 permitted to keep any confidential information unless they sign the form, unless 3 ||otherwise agreed by the Designating Party or ordered by the Court. Pages of 4||transcribed deposition testimony or exhibits to depositions that reveal Protected 5 || Material must have a confidential designation affixed by the court reporter and may 6 || not be disclosed to anyone except as permitted under this Order; and 7 (3) any mediator or settlement officer, and their supporting personnel, 8 ||mutually agreed on by any of the Parties engaged in settlement discussions or 9 || appointed by the Court. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 il OTHER LITIGATION. x 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 || “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification shall 16 || include a copy of the subpoena or court order unless prohibited by law; 17 (b) promptly notify in writing the party who caused the subpoena or order to 18 |} issue in the other litigation that some or all of the material covered by the subpoena 19 || or order is subject to this Protective Order. Such notification must include a copy of 20 || this Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued 22 || by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 || the subpoena or court order shall not produce any information designated in this action 25 || as “CONFIDENTIAL” before a determination on the protective-order request by the 26 || relevant court unless the Party has obtained the Designating Party’s permission. The 27 || Designating Party shall bear the burden and expense of seeking protection in that court 28 || of its Confidential Material, and nothing in these provisions should be construed as

1 || authorizing or encouraging a Receiving Party in this action to disobey a lawful 2 || directive from another court. 31/9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 4 IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a 6 || Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 7||protected by the remedies and relief provided by this Order. Nothing in these 8 || provisions should be construed as prohibiting a Nonparty from seeking additional 9 || protections. 10 (b) In the event that a Party is required by a valid discovery request to 2 || produce a Nonparty’s Confidential Information in its possession and the Party is x 12 || subject to an agreement with the Nonparty not to produce the Nonparty’s Confidential 13 || Information, then the Party must 14 l. Promptly notify in writing the Requesting Party and the Nonparty 15 || that some or all of the information requested is subject to a confidentiality agreement 16 || with a Nonparty; 17 2. Promptly provide the Nonparty with a copy of this Order, the 18 || relevant discovery request(s), and a reasonably specific description of the information 19 || requested; and 20 3. Make the information requested available for inspection by the 21 || Nonparty, if requested. 22 (c) If the Nonparty fails to seek a protective order within 21 days of 23 || receiving the notice and accompanying information, the Receiving Party may produce 24 || the Nonparty’s Confidential Information responsive to the discovery request. If the 25 || Nonparty timely seeks a protective order, the Receiving Party must not produce any 26 || information in its possession or control that is subject to the confidentiality agreement 27 || with the Nonparty before a ruling on the protective-order request. Absent a court order 28 || to the contrary, the Nonparty must bear the burden and expense of seeking protection

1 || of its Protected Material. 2|)}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 || Protected Material to any person or in any circumstance not authorized under this 5 || Order, the Receiving Party must immediately notify the Designating Party in writing 6||of the unauthorized disclosures, use its best efforts to retrieve all copies of the 7 || Protected Material, inform the person or persons to whom unauthorized disclosures 8 || were made of all the terms of this Order; and ask that person or people to execute the 9 || “Acknowledgement and Agreement to Be Bound” that is attached hereto as Exhibit 1O||A. 2 11)}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE —_12||PROTECTED MATERIAL. 13 When a Producing Party gives notice to Receiving Parties that certain S$ 14 || inadvertently produced material is subject to a claim of privilege or other protection, 15 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 || Procedure 26(b)(5)(B). 17|}12. MISCELLANEOUS. 18 12.1. Nothing in this Order abridges the right of any person to seek its 19 || modification by the Court. 20 12.2. By stipulating to the entry of this Order, no Party waives any right it 21 || otherwise would have to object to disclosing or producing any information or item on 22 || any ground not addressed in this Order. Similarly, no Party waives any right to object 23 ||on any ground to use in evidence any of the material covered by this Order. 24|}13. FINAL DISPOSITION. 25 After the final disposition of this Action, as defined in paragraph 4, within 60 26 || days of a written request by the Designating Party, each Receiving Party must return 27 || all Protected Material to the Producing Party or destroy such material. As used in this 28 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,

1 |]summaries, and any other format reproducing or capturing any of the Protected 2 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party 3 || must submit a written certification to the Producing Party (and, if not the same person 4 || or entity, to the Designating Party) by the 60-day deadline that identifies (by category, 5 when appropriate) all the Protected Material that was returned or destroyed and 6 || affirms that the Receiving Party has not retained any copies, abstracts, compilations, 7||summaries, or any other format reproducing or capturing any of the Protected 8 || Material. Notwithstanding this provision, Counsel are entitled to retain an archival 9 || copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; legal 10 memoranda; correspondence; deposition and trial exhibits; expert reports; attorney 2 11 || work product; and consultant and expert work product even if such materials contain x 12 || Protected Material. Any such archival copies that contain or constitute Protected 13 || Material remain subject to this Order as set forth in Section 4 (DURATION).

= 15|}14. SANCTIONS 16 Any willful violation of this Order may be punished by civil or criminal 17 || contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 18 || other appropriate action at the discretion of the Court. 19 |} // 20 || // 21 // 22 || // 23 || // 24 || // 25 || // 26 || // 27 || // 28 || //

1 IT IS SO STIPULATED. 2 DATED: May 1, 2024 MANNING & KASS 4 ELLROD, RAMIREZ, TRESTER LLP 5 By: __ Andrea K. Kornblau 6 Eugene P. Ramirez Marisa Zarate 7 Andrea K. Kornblau 8 Attorneys for Defendant, CITY OF HEMET 9 10

Qi < < 1D DATED: May 1, 2024 JASS LAW © 13 Ss 14 By: Jeremy D. Jass < Jeremy D. Jass = 15 Attorney for Plaintiff, RYAN JAMES GUE 16 17 18 DATED: 5/3/2024 UNITED STATES DISTRICT COURT, 19 CENTRAL DISTRICT OF CALIFORNIA 20 21 fe- hrohater

HON. JEAN P. ROSENBLUTH 23 UNITED STATES MAGISTRATE JUDC 24 25 26 27 28

1 SIGNATURE CERTIFICATION 2 Pursuant to Local Rule 5-4.3.4, I hereby certify that the content of this 3 || document is acceptable to Counsel for all Parties and that I have obtained Parties’ 4 || counsel’s authorization to affix their electronic signatures to this document. 5 6 || Dated: May 1, 2024 /s/ Jeremy D. Jass 7 Jeremy D. Jass 9 10 < 11 — 12 2 13

Ss 16

18 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [full name], of 5 || [full address], declare under penalty of perjury that I have read in its entirety and 6 || understand the Stipulated Protective Order that was issued by the U.S. District Court 7 || for the Central District of California on [date] in the case of [insert 8 || case name and number]. | agree to comply with and to be bound by all 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, including contempt. I 2 11 || solemnly promise that I will not disclose in any manner any information or item that x 12 || is subject to this Stipulated Protective Order to any person or entity except in strict 13 || compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the U.S. District Court for the 15 || Central District of California for the purpose of enforcing the terms of this 16 || Stipulated Protective Order, even if such enforcement proceedings occur after 17 || termination of this action. I hereby appoint [full 18 || name] of [full address and 19 || telephone number] as my California agent for service of process in connection with 20 || this action or any proceedings related to enforcement of this Stipulated Protective 21 || Order. 22 || Date: 23 || City and State where signed: 24 25 || Printed name: 26 27 || Signature: 28