William Scott Findley, Jr. v. County of Orange

• Court: District Court, C.D. California
• Decided: June 9, 2020
• Docket: 8:19-cv-02025
• Status: Unknown

Opinion

1 NORMAN J. WATKINS – SBN 87327 nwatkins@lynberg.com 2 JONATHAN C. BOND – SBN 280266 jbond@lynberg.com 3 LYNBERG & WATKINS 4 A Professional Corporation 1100 Town & Country Road, Suite 1450 5 Orange, California 92868 (714) 937-1010 Telephone 6 (714) 937-1003 Facsimile 7 Attorneys for Defendants COUNTY OF ORANGE, LAURIE BETH SCHWARTZ, 8 and MARIO ALVERGUE

9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11

12 WILLIAM SCOTT FINDLEY, JR. and CASE NO. 8:19-cv-02025-DOC(KES) 13 VERNANNE COHEN, Assigned for All General Purposes to: 14 Hon. David O. Carter Plaintiffs, Courtroom 9D 15 Santa Ana Division

16 vs. Assigned for Discovery Purposes to: Hon. Karen E. Scott 17 Courtroom 6D COUNTY OF ORANGE; LAURIE Santa Ana Division 18 BETH SCHWARTZ; MARIO ALVERGUE and DOES 1 through 10, STIPULATED PROTECTIVE 19 inclusive, ORDER; [PROPOSED] ORDER THEREON 20 Defendants. Action Filed: October 23, 2019 21 FAC Filed: January 23, 2020 Trial Date: October 20, 2020 22

23 24 25 26 27 1 TO THE HONORABLE MAGISTRATE JUDGE: 2 I. A STIPULATED PROTECTIVE ORDER IS WARRANTED 3 A. PURPOSES AND LIMITATIONS 4 Discovery in this action is likely to involve production of confidential, 5 proprietary, or private information for which special protection from public disclosure 6 and from use for any purpose other than prosecuting this litigation may be warranted. 7 Accordingly, the parties hereby stipulate to and petition the Court to enter the 8 following Stipulated Protective Order. The parties acknowledge that this Order does 9 not confer blanket protections on all disclosures or responses to discovery and that 10 the protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the applicable 12 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 13 that this Stipulated Protective Order does not entitle them to file confidential 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 B. GOOD CAUSE STATEMENT 18 Defendants COUNTY OF ORANGE; LAURIE BETH SCHWARTZ; and/or 19 MARIO ALVERGUE (“Defendants”) may be producing documents which 20 documents are generally unavailable to the public. The disclosure of such information 21 may jeopardize the security of the Orange County Sherriff’s Department (“OCSD”) 22 or Orange County’s operations, or may jeopardize the safety of certain individuals, 23 including other Defendants herein, other Sheriff’s Deputies, Plaintiff(s), or unrelated 24 third parties. Defendants may also be producing documentation containing 25 confidential information such as videos depicting Plaintiffs in a state of partial or full 26 undress/nudity. Defendants may also be producing video, audio, and still photo 27 images related to incidents at issue in Plaintiff’s First Amended Complaint, and/or 1 any thereafter filed pleading which videos are not generally available to the public. 2 Defendants may likewise be producing investigative reports generally unavailable to 3 the public, the disclosure of which could otherwise violate Plaintiffs, or others’ 4 privacy rights under substantive law or the California or United States Constitution. 5 Likewise, Defendants may be producing information on particular Deputies that is 6 confidential, subject to privacy and other protective laws that is not generally 7 available to the public and may represent a privacy and/or safety concern were said 8 information to become public, such as internal records conventionally considered 9 privileged pursuant to California Evidence Code § 1040. Similar documentation may 10 also be produced by third parties pursuant to requests or subpoenas by Defendants. 11 Fictitiously sued DOES may likewise have a privacy interest in some of the 12 documentation likely to be produced in the discovery phase of this matter, and the 13 documentation is not generally available to the public. 14 Plaintiffs WILLIAM SCOTT FINDLEY, JR. and VERNANNE COHEN 15 (“Plaintiffs”) may be producing documents concerning confidential, private, or 16 embarrassing documentation concerning Plaintiffs, including without limitation 17 personal or private communications between Plaintiffs, or between Plaintiffs and 18 other third parties. Similar documentation may also be produced by third parties 19 pursuant to subpoena. Such information is private to Plaintiffs, unavailable to the 20 general public, and disclosure of said documentation may cause embarrassment to 21 Plaintiffs. 22 As such, information produced by either party, or third parties, may be 23 privileged or otherwise protected from disclosure under state or federal statutes, court 24 rules, case decisions, or common law. 25 Accordingly, to expedite the flow of information, to facilitate the prompt 26 resolution of disputes over confidentiality of discovery materials, to adequately 27 protect information the parties are entitled to keep confidential, to ensure that the 1 parties are permitted reasonable necessary uses of such material in preparation for and 2 in the conduct of trial, to address their handling at the end of the litigation, and serve 3 the ends of justice, a protective order for such information is justified in this matter. 4 It is the intent of the parties that information will not be designated as confidential for 5 tactical reasons and that nothing be so designated without a good faith belief that it 6 has been maintained in a confidential, non-public manner, and there is good cause 7 why it should not be part of the public record of this case. 8 II. DEFINITIONS 9 2.1 Action: WILLIAM SCOTT FINDLEY, JR, et al. v. COUNTY OF 10 ORANGE, et al. CASE NO. 8:19-cv-02025-DOC(KES). 11 2.2 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for protection 15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 16 Cause Statement. 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 18 their support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL.” 22 2.6 Disclosure or Discovery Material: all items or information, regardless 23 of the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 24.7 Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as 1 an expert witness or as a consultant in this Action. 2 2.8 House Counsel: attorneys who are employees of a party to this Action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 2.9 Non-Party: any natural person, partnership, corporation, association or 6 other legal entity not named as a Party to this action. 7 2.10 Outside Counsel of Record: attorneys who are not employees of a party 8 to this Action but are retained to represent or advise a party to this Action and have 9 appeared in this Action on behalf of that party or are affiliated with a law firm that 10 has appeared on behalf of that party, and includes support staff. 11 2.11 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation support 17 services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 III. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or extracted 27 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 1 Protected Material; and (3) any testimony, conversations, or presentations by Parties 2 or their Counsel that might reveal Protected Material. 3 Any use of Protected Material at trial shall be governed by the orders of 4 the trial judge. This Order does not govern the use of Protected Material at trial. 5 IV. DURATION 6 Once a case proceeds to trial, information that was designated as 7 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 8 as an exhibit at trial becomes public and will be presumptively available to all 9 members of the public, including the press, unless compelling reasons supported by 10 specific factual findings to proceed otherwise are made to the trial judge in advance 11 of the trial. See Kamakana, infra, 447 F.3d at 1180-81 (distinguishing “good cause” 12 showing for sealing documents produced in discovery from “compelling reasons” 13 standard when merits-related documents are part of court record). Accordingly, the 14 terms of this protective order do not extend beyond the commencement of the 15 trial. 16 V. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. 18 Each Party or Non-Party that designates information or items for protection under this 19 Order must take care to limit any such designation to specific material that qualifies 20 under the appropriate standards. The Designating Party must designate for protection 21 only those parts of material, documents, items or oral or written communications that 22 qualify so that other portions of the material, documents, items or communications 23 for which protection is not warranted are not swept unjustifiably within the ambit of 24 this Order. 25 Mass, indiscriminate or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper 27 purpose (e.g., to unnecessarily encumber the case development process or to impose 1 unnecessary expenses and burdens on other parties) may expose the Designating Party 2 to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) For information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 16 that contains protected material. If only a portion of the material on a page 17 qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents available for 20 inspection need not designate them for protection until after the inspecting 21 Party has indicated which documents it would like copied and produced. 22 During the inspection and before the designation, all of the material made 23 available for inspection shall be deemed “CONFIDENTIAL.” After the 24 inspecting Party has identified the documents it wants copied and produced, 25 the Producing Party must determine which documents, or portions thereof, 26 qualify for protection under this Order. Then, before producing the specified 27 documents, the Producing Party must affix the “CONFIDENTIAL legend” 1 to each page that contains Protected Material. If only a portion of the 2 material on a page qualifies for protection, the Producing Party also must 3 clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins). 5 (b) For testimony given in depositions that the Designating Party 6 identifies the Disclosure or Discovery Material on the record, before the 7 close of the deposition all protected testimony. 8 (c) For information produced in some form other than documentary 9 and for any other tangible items, that the Producing Party affix in a 10 prominent place on the exterior of the container or containers in which the 11 information is stored the legend “CONFIDENTIAL.” If only a portion or 12 portions of the information warrants protection, the Producing Party, to the 13 extent practicable, shall identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items does not, standing alone, waive the 16 Designating Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make reasonable 18 efforts to assure that the material is treated in accordance with the provisions of this 19 Order. 20 VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge 22 a designation of confidentiality at any time that is consistent with the 23 Court’s Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37-1 et seq. 26 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 27 joint stipulation pursuant to Local Rule 37-2. 1 6.4 The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 continue to afford the material in question the level of protection to which it is 7 entitled under the Producing Party’s designation until the Court rules on the 8 challenge. 9 VII. ACCESS AND USE TO PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a Receiving 15 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) The Receiving Party’s Outside Counsel of Record in this Action, 24 as well as employees of said Outside Counsel of Record to whom it is 25 reasonably necessary to disclose the information for this Action; 26 (b) The officers, directors, and employees (including House Counsel) 27 of the Receiving Party to whom disclosure is reasonably necessary for 1 this Action; 2 (c) Experts (as defined in this Order) of the Receiving Party to whom 3 disclosure is reasonably necessary for this Action and who have signed 4 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (d) The court and its personnel; 6 (e) Court reporters and their staff; 7 (f) Professional jury or trial consultants, mock jurors, and 8 Professional Vendors to whom disclosure is reasonably necessary for this 9 Action and who have signed the “Acknowledgment and Agreement to Be 10 Bound” (Exhibit A); 11 (g) The author or recipient of a document containing the information 12 or a custodian or other person who otherwise possessed or knew the 13 information; 14 (h) During their depositions, witnesses, and attorneys for witnesses, 15 in the Action to whom disclosure is reasonably necessary provided: (1) 16 the deposing party requests that the witness sign the form attached as 17 Exhibit 1 hereto; and (2) they will not be permitted to keep any 18 confidential information unless they sign the “Acknowledgment and 19 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 20 Designating Party or ordered by the court. Pages of transcribed deposition 21 testimony or exhibits to depositions that reveal Protected Material may 22 be separately bound by the court reporter and may not be disclosed to 23 anyone except as permitted under this Stipulated Protective Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by any of the parties engaged in settlement 26 discussions. 27 1 VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) Promptly notify in writing the Designating Party. Such 7 notification shall include a copy of the subpoena or court order; 8 (b) Promptly notify in writing the party who caused the subpoena or 9 order to issue in the other litigation that some or all of the material covered 10 by the subpoena or order is subject to this Protective Order. Such 11 notification shall include a copy of this Stipulated Protective Order; and 12 (c) Cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be 14 affected. 15 If the Designating Party timely seeks a protective order, the Party served with 16 the subpoena or court order shall not produce any information designated in this action 17 as “CONFIDENTIAL” before a determination by the court from which the subpoena 18 or order issued, unless the Party has obtained the Designating Party’s permission. The 19 Designating Party shall bear the burden and expense of seeking protection in that court 20 of its confidential material and nothing in these provisions should be construed as 21 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 22 directive from another court. 23 IX. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL.” Such 27 information produced by Non-Parties in connection with this litigation is 1 protected by the remedies and relief provided by this Order. Nothing in these 2 provisions should be construed as prohibiting a Non-Party from seeking 3 additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to 5 produce a Non-Party’s confidential information in its possession, and the 6 Party is subject to an agreement with the Non-Party not to produce the Non- 7 Party’s confidential information, then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non-Party 9 that some or all of the information requested is subject to a 10 confidentiality agreement with a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this Action, the relevant discovery request(s), and a 13 reasonably specific description of the information requested; and 14 (3) Make the information requested available for inspection by the 15 Non-Party, if requested. 16 (c) If the Non-Party fails to seek a protective order from this court within 14 17 days of receiving the notice and accompanying information, the Receiving 18 Party may produce the Non-Party’s confidential information responsive to 19 the discovery request. If the Non-Party timely seeks a protective order, the 20 Receiving Party shall not produce any information in its possession or 21 control that is subject to the confidentiality agreement with the Non-Party 22 before a determination by the court. Absent a court order to the contrary, the 23 Non-Party shall bear the burden and expense of seeking protection in this 24 court of its Protected Material. 25 X. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 27 Protected Material to any person or in any circumstance not authorized under this 1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 8 PROTECTED MATERIALS 9 When a Producing Party gives notice to Receiving Parties that certain 10 inadvertently produced material is subject to a claim of privilege or other protection, 11 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 13 may be established in an e-discovery order that provides for production without prior 14 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 15 parties reach an agreement on the effect of disclosure of a communication or 16 information covered by the attorney-client privilege or work product protection, the 17 parties may incorporate their agreement in the stipulated protective order submitted 18 to the court. 19 XII. MISCELLANEOUS 20 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 21 person to seek its modification by the Court in the future. 22 14.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order, no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in this 25 Stipulated Protective Order. Similarly, no Party waives any right to object on any 26 ground to use in evidence of any of the material covered by this Protective Order. 27 1 14.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 3 only be filed under seal pursuant to a court order authorizing the sealing of the specific 4 Protected Material at issue. If a Party’s request to file Protected Material under seal is 5 denied by the court, then the Receiving Party may file the information in the public 6 record unless otherwise instructed by the court. 7 XIII. FINAL DISPOSITION 8 After the final disposition of this Action, as defined herein, within sixty (60) 9 days of a written request by the Designating Party, each Receiving Party must destroy 10 such material. As used in this subdivision, “all Protected Material” includes all copies, 11 abstracts, compilations, summaries, and any other format reproducing or capturing 12 any of the Protected Material. Receiving Party must submit a written certification to 13 the Producing Party (and, if not the same person or entity, to the Designating Party) 14 by the 60 day deadline that confirms in writing the destruction of all Protected 15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 18 work product, and consultant and expert work product, even if such materials contain 19 Protected Material. Any such archival copies that contain or constitute Protected 20 Material remain subject to this Protective Order as set forth herein. 21 XIV. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER 22 SEAL 23 The parties further acknowledge, as set forth in Section 12.3, below, that this 24 Stipulated Protective Order does not entitle them to file confidential information 25 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 26 the standards that will be applied when a party seeks permission from the court to file 27 material under seal. 1 There is a strong presumption that the public has a right of access to judicial 2 proceedings and records in civil cases. In connection with non-dispositive motions, 3 good cause must be shown to support a filing under seal. See Kamakana v. City and 4 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006) (“Kamakana”), Phillips v. 5 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 6 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 7 orders require good cause showing), and a specific showing of good cause or 8 compelling reasons with proper evidentiary support and legal justification, must be 9 made with respect to Protected Material that a party seeks to file under seal. The 10 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 11 does not, without the submission of competent evidence by declaration, establishing 12 that the material sought to be filed under seal qualifies as confidential, privileged, or 13 otherwise protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then 15 compelling reasons, not only good cause, for the sealing must be shown, and the relief 16 sought shall be narrowly tailored to serve the specific interest to be protected. See 17 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 18 item or type of information, document, or thing sought to be filed or introduced under 19 seal in connection with a dispositive motion or trial, the party seeking protection must 20 articulate compelling reasons, supported by specific facts and legal justification, for 21 the requested sealing order. Again, competent evidence supporting the application to 22 file documents under seal must be provided by declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in 24 its entirety will not be filed under seal if the confidential portions can be redacted. If 25 documents can be redacted, then a redacted version for public viewing, omitting only 26 the confidential, privileged, or otherwise protectable portions of the document, shall 27 be filed. Any application that seeks to file documents under seal in their entirety 1 should include an explanation of why redaction is not feasible. 2 XV. VIOLATION 3 Any violation of this Order may be punished by appropriate measures 4 including, without limitation, contempt proceedings and/or monetary sanctions. 5 IT IS SO STIPULATED. 6 DATED: June 5, 2020 Respectfully Submitted,

7 LYNBERG & WATKINS 8 A Professional Corporation

9 By: /s/ Jonathan C. Bond 10 NORMAN J. WATKINS JONATHAN C. BOND 11 Attorneys for Defendants, COUNTY OF 12 ORANGE; LAURIE BETH SCHWARTZ; MARIO ALVERGUE 13

14 DATED: June 5, 2020 LAW OFFICE OF GREGORY PEACOCK 15

16 By: /s/ Gregory Peacock GREGORY PEACOCK 17 Attorney for Plaintiffs, WILLIAM 18 SCOTT FINDLEY, JR. and VERNANNE 19 COHEN

21 22 23 24 25 26 27 1 [PROPOSED] ORDER 2|| FOR GOOD CAUSE SHOWN VIA THE FOREGOING STIPULATION, IT 3 IS SO ORDERED. 5 6 || Dated: June 9, 2020 Di oan & Scot ) 7 Hon. Karen E. Scott United States Magistrate Judge 8 Central District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________, with the address of 4 _____________________________________________ declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of California 7 on this date of __________________ in the case of WILLIAM SCOTT FINDLEY, 8 JR., et al. v. COUNTY OF ORANGE, ET AL., Case No. and VERNANNE COHEN. 9 Case No. 8:19-cv-02025-DOC(KES). I agree to comply with and to be bound by all 10 the terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity except 14 in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. 19 I hereby appoint ____________________________ with address 20 ___________________________________ and telephone number 21 _____________________ as my California agent for service of process in connection 22 with this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Dated: _____________________ City/State: ___________________________ 25 Name: ________________________________ 26 Signature: ___________________________________ 27 1 4834-2651-0269, v. 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27