Samuel R. Navarette, Jr. v. County of San Barnardino

• Court: District Court, C.D. California
• Decided: February 2, 2022
• Docket: 5:21-cv-02022
• Status: Unknown

Opinion

Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 1 of 16 Page ID #:170

11 James R. Touchstone, SBN 184584 jrt@jones-mayer.com 22 Denise L. Rocawich, SBN 232792 dlr@jones-mayer.com 33 JONES & MAYER 3777 North Harbor Boulevard 44 Fullerton, CA 92835 Telephone: (714) 446-1400 55 Facsimile: (714) 446-1448 Attorneys for Defendants 66

77 Joseph M. Barrett, SBN 143974 jmb@agzlaw.com 88 Damion D. Robinson SBN 262573 99 dr@agzlaw.com David Markevitch SBN 256163 1100 dm@agzlaw.com 1111 AFFELD GRIVAKES LLP 2049 Century Park East Suite 2460 1122 Los Angeles, California 90067 1133 Telephone: (310) 979-8000 Attorneys for Plaintiffs 1144 1155 UNITED STATES DISTRICT COURT 1166 CENTRAL DISTRICT OF CALIFORNIA

1177 Plaintiffs SAMUEL R. NAVARETTE, Case No.: CV21-02022 JWH (KK) 1188 JR,; SAMUEL R. NAVARETTE, SR.; Judge: Hon. Judge John W. Holcomb ANDREW NAVARETTE, A Minor, 1199 by and through his Guardian ad Litem, [PROPOSED] STIPULATED 2200 ROSE VIALPANDO; JESSICA PROTECTIVE ORDER NAVARETTE, A Minor, by and 2211 through his Guardian ad Litem; ROSE

2222 VIALPANDO; DANIEL [NOTE CHANGES BY COURT] NAVARETTE; JEANETTE 2233 ALAMEDA; JASMINE LYNES, Plaintiffs, 2244

2255 vs. COUNTY OF SAN BERNARDINO; 2266 CITY OF VICTORVILLE; and DOES 2277 1-10, inclusive. Defendants. 2288 -1- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 2 of 16 Page ID #:171

11 [PROPOSED] STIPULATED PROTECTIVE ORDER

22 Pursuant to Federal Rule of Civil Procedure 26(c), Defendants, COUNTY 33 OF SAN BERNARDINO and CITY OF VICTORVILLE, and Plaintiffs 44 SAMUEL R. NAVARETTE, JR,, SAMUEL R. NAVARETTE, SR., ANDREW 55 NAVARETTE, a Minor, by and through his Guardian ad Litem, ROSE 66 VIALPANDO, JESSICA NAVARETTE, a Minor, by and through his Guardian ad 77 Litem, ROSE VIALPANDO, DANIEL NAVARETTE, JEANETTE ALAMEDA, 88 JASMINE LYNES (collectively "the Parties"), by their undersigned counsel, agree 99 to be bound to the terms of the following Protective Order. The Parties represent 1100 that pre-trial discovery in this case is likely to include the production of 1111 information and/or documents that are confidential and/or privileged including the 1122 production of peace officer personnel file information and/or documents which the 1133 Parties agree includes: (1) Personal data, including marital status, family members, 1144 educational and employment history, home addresses, or similar information; (2) 1155 Medical history; (3) Election of employee benefits; (4) Employee advancement, 1166 appraisal, or discipline; and (5) Complaints, or investigations of complaints, 1177 concerning an event or transaction in which a peace officer participated, or which a 1188 peace officer perceived, and pertaining to the manner in which the peace officer 1199 performed his or her duties including compelled statements by peace officers. 2200 Defendants contend that such information is privileged as official information. 2211 Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 1990); see also 2222 Kerr v. United States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975), 2233 aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Further, discovery may 2244 require the production of certain San Bernardino County Sheriffs’ Office Policies 2255 and Procedures not available to the public and the public disclosure of which could 2266 comprise officer safety, raise security issues, and/or impede investigations. Peace 2277 officer personnel file information and/or documents and security-sensitive policies

2288 and procedures are hereinafter referred to as "Confidential Information". -2- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 3 of 16 Page ID #:172

11 Defendants contend that that public disclosure of such material poses a

22 substantial risk of embarrassment, oppression and/or physical harm to peace 33 officers whose Confidential Information is disclosed. The Parties further agree that 44 the risk of harm to peace officers is greater than with other government employees 55 due to the nature of their profession. Finally, the Defendants contend that the 66 benefit of public disclosure of Confidential Information is minimal while the 77 potential disadvantages are great. 88 Accordingly, good cause exists for entry of this Protective Order to facilitate 99 pre-trial disclosure while assuring the safety of these sensitive disclosures. See 1100 Fed. R. Civ. Proc. 26(c). 1111 SO STIPULATED 1122 Dated: January 31, 2022 Respectfully submitted, 1133 JONES & MAYER 1144 1155 By: /s/ Denise L. Rocawich 1166 JAMES R. TOUCHSTONE DENISE L. ROCAWICH 1177 Attorneys for Defendants 1188 1199 Dated: January 31, 2022 Respectfully submitted, 2200 AFFELD GRIVAKES LLP 2211

2222 By:/s/ David Markevitch 2233 DAVID MARKEVITCH 2244 Attorneys for Plaintiffs

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11 [PROPOSED] PROTECTIVE ORDER

22 PER THE STIPULATION OF THE PARTIES AND GOOD CAUSE 33 APPEARING, IT IS HEREBY ORDERED that the terms and conditions of this 44 Protective Order shall govern the handling of Discovery Materials containing 55 Confidential Information in matter of Navarette et al. v. County of San Bernardino 66 et al. USCD Case No. CV21-020221 JWH (KK) ("the Litigation"): 77 1. Applicability of Order: This Order does not and will not govern any 88 trial proceedings in this Litigation, but will otherwise be applicable to and govern 99 the handling of documents, depositions, deposition exhibits, interrogatory 1100 responses, responses to requests for admissions, responses to requests for 1111 production of documents, and all other discovery obtained pursuant to the Federal 1122 Rules of Civil Procedure by Plaintiff in connection with the Litigation (this 1133 information hereinafter referred to as “Discovery Material”). 1144 2. Designation of Material: Defendants may designate Discovery 1155 Material that is in their possession, custody or control to be produced to Plaintiff as 1166 “Confidential Information” under the terms of this Order if Defendants in good 1177 faith reasonably believe that such Discovery Material contains non-public, 1188 confidential material as defined in section 4 below. 1199 3. Exercise of Restraint and Care in Designating Material for 2200 Protection: When designating Discovery Material for protection as Confidential 2211 Information under this Order, Defendants must take care to limit any such 2222 designation to specific material that qualifies under the appropriate standards. 2233 Mass, indiscriminate, or routinized designations are prohibited. 2244 4. Confidential Information: For purposes of this Order, Confidential 2255 Information is any information and/or documents that Defendants believe in good 2266 faith to be Peace Officer Personnel File Information and/or Documents including: 2277 (1) Personal data, including marital status, family members, educational and

2288 employment history, home addresses, or similar information; (2) Medical history; -4- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 5 of 16 Page ID #:174

11 (3) Election of employee benefits; (4) Employee advancement, appraisal, or

22 discipline; and (5) Complaints, or investigations of complaints, concerning an 33 event or transaction in which a peace officer participated, or which a peace officer 44 perceived, and pertaining to the manner in which the peace officer performed his 55 or her duties including compelled statements. Confidential Information is also any 66 San Bernardino County Sheriffs’ Office Policies and Procedures not available to 77 the public and the public disclosure of which could comprise officer safety, raise 88 security issues, and/or impede investigations. 99 5. Designating Confidential Information: The designation of 1100 Discovery Material as Confidential Information for purposes of this Order shall be 1111 made in the following manner: 1122 a. Documents: In the case of documents or other materials (apart from 1133 depositions or other pre-trial testimony), designation shall be made by 1144 stamping “Confidential” to each page containing any Confidential 1155 Information. Any such stamp shall not overwrite or otherwise 1166 obscure the text or images of any page. 1177 b. Deposition and Other Proceedings: In the case of depositions or other 1188 pre-trial testimony, designation of the portion of the transcript 1199 (including exhibits) which contains Confidential Information shall be 2200 made (i) by a statement to such effect on the record during the 2211 proceeding in which the testimony is received, or (ii) by written notice 2222 served on counsel of record in this Litigation within thirty (30) 2233 business days after the receipt of the draft transcript of such 2244 deposition or other pre-trial proceeding. However, before such thirty 2255 (30) day period expires, all testimony, exhibits and transcripts of 2266 depositions or other testimony shall be treated as Confidential 2277 Information. Thereafter, only those portions properly designated shall

2288 be deemed Confidential Information. -5- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 6 of 16 Page ID #:175

11 c. Non-Written Materials: Any non-written Confidential Information

22 (e.g., videotape, audio tape, computer disk, etc.) may be designated 33 as such by labeling the outside of such non-written material 44 designated as “Confidential”. In the event Plaintiff generates any 55 “hard copy” transcription or printout from any such designated non- 66 written materials, the person who generates such “hard copy” 77 transcription shall take reasonable steps to maintain the 88 confidentiality of such materials. 99 6. Inadvertent Disclosure: The inadvertent failure to designate 1100 Discovery Information as "Confidential" does not constitute a waiver of such claim 1111 and may be remedied by prompt supplemental written notice upon discovery of the 1122 inadvertent disclosure, with the effect that such Discovery Material will be subject 1133 to the protections of this Order. Plaintiff shall exercise good faith efforts to ensure 1144 that copies they make of Confidential Information produced to him, and copies 1155 made by others who obtained such Confidential Information directly or indirectly 1166 from the Plaintiff include the appropriate confidentiality legend, to the same extent 1177 that the Confidential Information has been marked with the appropriate 1188 confidentiality legend by the Defendants. 1199 7. No Waiver of Privilege: Inadvertent disclosure of Confidential 2200 Information or otherwise privileged information shall not constitute a waiver of, or 2211 estoppel as to any claim of privilege. This Order is intended to provide the full 2222 protection afforded by Federal Rule of Evidence 502(d). 2233 8. Claw-Back: Pursuant to Federal Rule of Civil Procedure 26(b)(5), 2244 upon learning it may have produced Confidential or otherwise privileged 2255 Information, Defendants shall, within ten (10) days of such discovery, request the 2266 return of such Information in writing by identifying the Confidential or otherwise 2277 privileged Information and stating the basis on which the Information should be

2288 withheld from production. After being notified, Plaintiff must promptly return, -6- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 7 of 16 Page ID #:176

11 sequester, or destroy the Confidential or otherwise privileged Information and any

22 copies, must not use or disclose the Information until the claim is resolved and 33 must take reasonable steps to retrieve the Confidential or otherwise privileged 44 Information if he disclosed the Information before being notified. If Plaintiff 55 dispute Defendants' claim of confidentiality or privilege; they shall notify the 66 Defendant claiming confidentiality of the dispute and the basis therefore in writing 77 within thirty (30) days of receipt of the request for the return of the Confidential or 88 otherwise privileged Information. The Plaintiff and the Defendant claiming 99 confidentiality shall meet and confer in good faith regarding the disputed claim 1100 within thirty (30) days. In the event that the Plaintiff and the Defendant claiming 1111 confidentiality do not resolve their dispute, either party may bring a motion for a 1122 determination of whether a privilege applies. If such a motion is made, the 1133 Defendant claiming confidentiality shall request the Court review confidential 1144 documents in camera. Parties shall not submit documents to the Court without 1155 prior authorization. The submission to the Court shall not constitute a waiver of 1166 any privilege or protection. Defendants must preserve the Information claimed to 1177 be privileged or otherwise protected until the claim is resolved. Any motion 1188 challenging or seeking to retain a party’s designation of material as confidential or 1199 privileged, concerning 2200 Confidential Information filed under seal, or regarding this Protective Order 2211 must be brought in strict compliance with Local Civil Rules 37-1 and 37-2, 2222 including the Joint Stipulation requirement. If a party’s request to file Confidential 2233 Material under seal is denied by the Court, then the Receiving Party may file the 2244 information in the public record unless otherwise instructed by the Court. 2255 9. Notes of Confidential Information: Any notes, lists, memoranda, 2266 indices, compilations prepared or based on an examination of Confidential 2277 Information that quote from or paraphrase, Confidential Information with such

2288 specificity that the Confidential Information can be identified, or by reasonable -7- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 8 of 16 Page ID #:177

11 logical extension can be identified, shall be accorded the same status of

22 confidentiality as the underlying Confidential Information from which they are 33 made and shall be subject to all of the terms of this Order. 44 10. Persons Authorized To Receive Confidential Information: 55 Discovery Material designated “Confidential” may be disclosed, summarized, 66 described, characterized or otherwise communicated or made available in whole or 77 in part only to the following persons: 88 a. The Court, persons employed by the Court who are necessary for the 99 handling of the Litigation, and court reporters transcribing the 1100 testimony or argument at a hearing, trial or deposition in this 1111 Litigation or any appeal there from; 1122 b. Counsel of record in this Litigation, as well as paralegals, technical, 1133 administrative and clerical employees working under the direct 1144 supervision of such counsel; 1155 c. Experts or consultants assisting any counsel of record in this 1166 Litigation, provided such experts and consultants agree to be bound 1177 by the terms and conditions set forth in the “Agreement Concerning 1188 Information Covered by Protective Order” attached hereto as 1199 Exhibit "A" prior to the time such information is disclosed; and 2200 d. Any other person, only upon order of the Court or upon stipulation 2211 of the Parties, and who agrees to be bound by the terms and conditions 2222 set forth in the “Agreement Concerning Information Covered by 2233 Protective Order” attached hereto as Exhibit "A" prior to the time such 2244 Information is disclosed. However, under no circumstances shall 2255 home addresses or telephone numbers of individual Defendants be 2266 provided to Plaintiff. 2277 The terms of this Protective Order do not apply to the Court and court

2288 personnel, who are subject only to the Court’s internal procedures regarding the -8- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 9 of 16 Page ID #:178

11 handling of material filed or lodged, including material filed or lodged

22 under seal. 33 11. Use of Confidential Discovery Material: Discovery Material 44 containing Confidential Information shall be used solely for purposes of the 55 Litigation, including any appeal and re-trial. Any person or entity in possession of 66 Discovery Material designated Confidential shall maintain those materials in 77 accordance with Paragraph (storage) below. 88 12. Storage Of Confidential Information: The recipient of any 99 Confidential Information that is provided under this Protective Order shall 1100 maintain such information in a reasonably secure and safe manner that ensures that 1111 access is limited to the persons authorized under this Order. 1122 13. Filing of Confidential Information: Without written permission 1133 from Defendants or a Court order, Plaintiff may not file in the public record in this 1144 action any Confidential Information. Filing this information in the public record 1155 must occur under seal in compliance with Local Rule 79-5 when seeking to file 1166 Confidential Information under seal. Confidential Information may only be filed 1177 under seal pursuant to a separate court order authorizing the sealing of the specific 1188 Confidential Material at issue. If a party’s request to file Confidential Material 1199 under seal is denied by the Court, then the Receiving Party may file the 2200 information in the public record unless otherwise instructed by the Court. 2211 The party desiring to place any Confidential Information before the Court 2222 shall lodge the information in a sealed envelope along with an application to file 2233 the papers or the portion thereof containing Confidential Information under seal 2244 and a copy of a Proposed Order Sealing Documents. Said envelope shall be 2255 endorsed with the title of the Litigation, an indication of the nature of the contents 2266 of such sealed envelope, the identity of the party filing the materials, the phrase 2277 “Confidential Information” and a statement substantially in the following form:

2288 -9- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 10 of 16 Page ID #:179

11 THIS ENVELOPE CONTAINS MATERIALS SUBJECT TO A

22 PROTECTIVE ORDER ENTERED IN THIS LITIGATION. IT 33 IS NOT TO BE OPENED NOR ARE ITS CONTENTS TO BE 44 DISPLAYED, REVEALED, OR MADE PULBIC, EXCEPT BY 55 ORDER OF THE COURT. UNLESS THE COURT ORDERS THAT IT 66 NOT BE FILED, IT SHALL BE FILED UNDER SEAL. 77 Additionally, within seven (7) days from the date that the papers (or portions 88 thereof) were filed under seal consistent with the above procedures, the party who 99 filed the papers under seal also shall file in the public record a version of the 1100 papers that has been redacted to omit the Confidential Information or any 1111 references thereto). 1122 As for any other information disclosed during discovery and marked 1133 “Confidential” that either party wishes to file in the public record in this action in 1144 support of or in opposition to any motion, the parties shall specifically identify any 1155 such documents and seek a stipulation concerning any sealing requirement 1166 therefore during the parties Local Rule 7-3 conference of counsel. If no agreement 1177 can be reached, the party advancing the “confidential” designation bears the 1188 burden of moving to have those documents sealed by the court. 1199 Additionally, any motion challenging or seeking to retain a party’s 2200 designation of material as confidential or privileged, concerning 2211 Confidential Information filed under seal, or regarding this Protective Order 2222 must be brought in strict compliance with Local Civil Rules 37-1 and 37-2, 2233 including the Joint Stipulation requirement. 2244 14. No Prejudice: Agreeing to be bound by this Protective Order, 2255 agreeing to and/or producing or receiving Confidential Information or otherwise 2266 complying with the terms of this Order shall not: 2277 a. Prejudice in any way the rights of Defendants to object to the

2288 production of documents it considers not subject to discovery, or -10- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 11 of 16 Page ID #:180

11 operate as an admission by Defendants that the restrictions and

22 procedures set forth herein constitute adequate protection for any 33 particular information deemed by Defendants to be Confidential 44 Information; 55 b. Prejudice in any way the rights of Defendants to object to the 66 authenticity or admissibility into evidence of any document, 77 testimony or other evidence subject to this Order; 88 c. Prejudice in any way the rights of Defendants to seek a determination 99 by the Court whether any Confidential Information should be subject 1100 to the terms of this Order; 1111 15. Challenging Designation of Information: Plaintiff may challenge 1122 the propriety of a Confidential Information designation by providing to the 1133 Defendant claiming confidentiality a writing which briefly: (i) identifies with 1144 reasonable particularity the documents and/or information which are the subject of 1155 the challenge; and (ii) describes the basic legal or factual grounds for the 1166 challenge. Once a challenge is made, the Defendant claiming confidentiality will 1177 bear the burden of initiating and conducting a sufficient meet and confer (per Local 1188 Rule 37-1); and, if necessary, Defendant claiming confidentiality will bear the 1199 burdens of proof and persuasion in moving for a Protective Order (per Local Rule 2200 37-2) to uphold the challenged Confidential Information designation(s). Until the 2211 Court rules on the timely filed Motion for Protective Order, all parties shall 2222 continue to afford the material in question the level of protection to which it is 2233 entitled under the claiming Defendants’ designation. 2244 Any challenge to a designation of confidentiality must be made at a time that 2255 is consistent with the Court’s Scheduling Order in this matter. 2266 16. Additional Parties or Attorneys: In the event additional parties join 2277 or intervene in this action, the newly joined party(ies) shall not have access to

2288 Confidential Information until its counsel has executed an agreement to be fully -11- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 12 of 16 Page ID #:181

11 bound by this Order. If any additional attorneys make appearances in this

22 Litigation, those attorneys shall not have access to Confidential Information until 33 they execute the “Agreement Concerning Information Covered by Protective 44 Order” attached hereto as Exhibit "A". 55 17. Protective Order Remains In Force: This Protective Order shall 66 remain in force and effect until modified, superseded, or terminated by consent of 77 the Parties or by order of the Court made upon reasonable written notice. Unless 88 otherwise ordered, or agreed upon by the parties, this Protective Order shall 99 survive the termination of this action. The Court retains jurisdiction even after 1100 termination of this action to enforce this Protective Order and to make such 1111 amendments, modifications, deletions and additions to this Protective Order as the 1122 Court may from time to time deem appropriate. 1133 18. Conclusion of Litigation: Within ninety (90) days after receiving 1144 notice of the entry of an order, judgment or decree finally disposing of this 1155 Litigation, all persons having received Confidential Information shall either return 1166 such material and all copies thereof to the counsel of the Defendant who 1177 designated the information as Confidential or destroy all such Confidential 1188 Information including the Confidential Information Plaintiff provided to other 1199 persons. In either case, counsel for Plaintiff must certify that fact to the counsel of 2200 the Defendant who designated the information as Confidential. 2211 19. Redaction Allowed: Defendants may redact Confidential Information 2222 from documents and things produced to the extent that such information consists of 2233 personal identifying information of third parties per Federal Rule of Civil 2244 Procedure 5.2 and Central District Local Rule 5.2-1 and/or personal identifying 2255 information of peace officers or their family members, such as ID numbers, phone 2266 numbers, addresses, or medical history which is unrelated to any claim or defense 2277 raised in the instant action. Defendants shall mark each thing where matter has

2288 been redacted with a legend stating “REDACTED,” as appropriate, or a -12- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 13 of 16 Page ID #:182

11 comparable notice.

22 20. Violations of Protective Order: In the event that any person or party 33 should violate the terms of this Protective Order, the aggrieved party should apply 44 to the Court obtain relief against any such person or party violating or threatening 55 to violate any of the terms of this Protective Order. 66 Any motion seeking injunctive relief for violation of this Protective Order 77 must be brought before the assigned Magistrate Judge in strict compliance with 88 Local Civil Rules 37-1 and 37-2, including the Joint Stipulation requirement. 99 21. Protected Material Subpoenaed or Ordered Produced in Other 1100 Litigation: 1111 A. If a Party is served with a subpoena or a court order issued in other 1122 litigation that compels disclosure of any information or items designated in this 1133 Action as “CONFIDENTIAL,” that Party must: 1144 1. Promptly notify in writing the Designating Party. Such 1155 notification shall include a copy of the subpoena or court order; 1166 2. Promptly notify in writing the party who caused the subpoena 1177 or order to issue in the other litigation that some or all of the 1188 material covered by the subpoena or order is subject to this 1199 Protective Order. Such notification shall include a copy of this 2200 Protective Order; and 2211 3. Cooperate with respect to all reasonable procedures sought to 2222 be pursued by the Designating Party whose Protected Material 2233 may be affected. 2244 B. If the Designating Party timely seeks a protective order, the Party 2255 served with the subpoena or court order shall not produce any information 2266 designated in this action as “CONFIDENTIAL” before a determination by the 2277 Court from which the subpoena or order issued, unless the Party has obtained the

2288 Designating Party’s permission. The Designating Party shall bear the burden and -13- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 14o0f16 Page ID #:183

1 || expense of seeking protection in that court of its confidential material and nothin 2 || in these provisions should be construed as authorizing or encouraging a ae

3 || Party in this Action to disobey a lawful directive from another court. 5 IT IS SO ORDERED. 7 || Dated: February 2, 2022 aly 10 Hon. Kenly Kiya Kato 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[PROPOSED] STIPULATED PROTECTIVE ORDER

Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 15 of 16 Page ID #:184

11 EXHIBIT "A"TO STIPULATED PROTECTIVE ORDER

22 UNITED STATES DISTRICT COURT 33 CENTRAL DISTRICT OF CALIFORNIA 44 SAMUEL NAVARETTE, Jr. et al. Case No: CV21-02022 JWH (KK) 55 AGREEMENT CONCERNING 66 Plaintiffs, INFORMATION COVERED BY vs. STIPULATED PROTECTIVE 77 ORDER COUNTY OF SAN BERNARDINO, et. 88 al.

99 Defendants.

1111 1122 1. I, __________________________________, hereby acknowledge 1133 that I have received a copy of the Stipulated Protective Order entered in this 1144 Litigation [Case No: CV21-02022 JWH (KK)] by the United States District Court 1155 for the Central District of California (hereinafter, “the Protective Order”). 1166 2. I have either read the Protective Order or have had the terms of the 1177 Protective Order explained to me by my attorney. 1188 3. I understand the terms of the Protective Order and agree to comply 1199 with and to be bound by such terms. 2200 4. If I receive documents or information designated as Confidential 2211 Information (as that term is defined in the Protective Order), I understand that such 2222 Information is provided to me pursuant to the terms and restrictions of the 2233 Protective Order. 2244 5. I agree to hold in confidence and not further disclose or use for any 2255 purpose (other than is permitted by the Protective Order) any Confidential 2266 Information disclosed to me pursuant to the terms of the Protective Order. 2277 6. I hereby submit myself to the jurisdiction of the United States District

2288 Court for the Central District of California for resolution of any matters pertaining -15- [PROPOSED] STIPULATED PROTECTIVE ORDER Case 5:21-cv-02022-JWH-KK Document 15 Filed 02/02/22 Page 16 of 16 Page ID #:185

11 to the Protective Order.

22 33 My address is:____________________________________ 44 55 My present employer is: ________________________________ 66 77 Dated: ______________ 88 99 1100 Signed: _________________________

1133 1144 1155 1166

1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277

2288 -16- [PROPOSED] STIPULATED PROTECTIVE ORDER