Yesenia Pena v. City of Azusa

• Court: District Court, C.D. California
• Decided: November 7, 2023
• Docket: 2:22-cv-07458
• Status: Unknown

Opinion

1 || Mildred K. O'Linn (State Bar No. 159055) @manninglip-com 2 || Craig Smith (State Bar No. 265676) craig emit @omarningkass.com 3 || MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4|/801 S. Figueroa St, 15" Floor Los Angeles, California 90017-3012 5 || Telephone: Gb) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendant, CITY OF || AZUSA 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 =| YESENIA PENA, individually and as Case No. 2:22-CV-07458 SB (MRWx) Successor in Interest to JESU 12 || FLORES, deceased; AMBER Magistrate Judge, Michael R. Wilner] TORRES, individually, 13 STIPULATED PROTECTIVE Plaintiffs, ORDER 614 v. (MRW VERSION 4/19) 15 CITY OF AZUSA, a municipal entity; Check if submitted without material 16 || and DOES | through 10, inclusive,, modifications to MRW form 4 17 Defendant. 18 1. INTRODUCTION 20 1.1 PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 || proprietary, or private information for which special protection from public 23 || disclosure and from use for any purpose other than prosecuting this litigation may 24 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 25 || enter the following Stipulated Protective Order. The parties acknowledge that this 26 || Order does not confer blanket protections on all disclosures or responses to 27 || discovery and that the protection it affords from public disclosure and use extends 28 || only to the limited information or items that are entitled to confidential treatment

1 || under the applicable legal principles. The parties further acknowledge, as set forth 2 ||in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 3 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 4 || procedures that must be followed and the standards that will be applied when a party 5 || seeks permission from the court to file material under seal. 6 1.2 GOOD CAUSE STATEMENT 7 Defendants contend that there is good cause and a particularized need for a § || protective order to preserve the interests of confidentiality and privacy in peace 9 || officer personnel file records and associated investigative or confidential records for 10 || the following reasons. a} Il First, Defendants contend that peace officers have a federal privilege of 12 || privacy in their personnel file records: a reasonable expectation of privacy therein 13 || that is underscored, specified, and arguably heightened by the Pitchess protective 14 || procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 15|}1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 16 || 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies KM! —17]|to privilege based discovery disputes involving federal claims,” the “state privilege 18 || law which is consistent with its federal equivalent significantly assists in applying 19 || [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 20 || 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based 21 || “privacy rights [that] are not inconsequential” in their police personnel records); cf 22 || Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants 23 || further contend that uncontrolled disclosure of such personnel file information can 24 || threaten the safety of non-party witnesses, officers, and their families/associates. 25 Second, Defendants contend that municipalities and law enforcement 26 || agencies have federal deliberative-executive process privilege, federal official 27 || information privilege, federal law enforcement privilege, and federal attorney-client 28 || privilege (and/or attorney work product protection) interests in the personnel files of

1 || their peace officers — particularly as to those portions of peace officer personnel files 2 || that contain critical self-analysis, internal deliberation/decision-making or 3 || evaluation/analysis, or communications for the purposes of obtaining or rendering 4 || legal advice or analysis — potentially including but not limited to 5 || evaluative/analytical portions of Internal Affairs type records or reports, 6 || evaluative/analytical portions of supervisory records or reports, and/or reports 7 || prepared at the direction of counsel, or for the purpose of obtaining or rendering 8 || legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v. 9 || United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162 || F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. 11 || Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v. 12 || Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co. v. United 13 || States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further 14 || contend that such personnel file records are restricted from disclosure by the public 15 entity’s custodian of records pursuant to applicable California law and that 16 || uncontrolled release is likely to result in needless intrusion of officer privacy; impairment in the collection of third-party witness information and statements and 18 || related legitimate law enforcement investigations/interests; and a chilling of open 19 || and honest discussion regarding and/or investigation into alleged misconduct that 20 || can erode a public entity’s ability to identify and/or implement any remedial 21 || measures that may be required. 22 Third, Defendants contend that, since peace officers do not have the 23 ||)same rights as other private citizens to avoid giving compelled statements, it is 24 || contrary to the fundamental principles of fairness to permit uncontrolled release of 25 || officers’ compelled statements. See generally Lybarger v. City of Los Angeles, 40 26 || Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V. 27 Accordingly, Defendants contend that, without a protective order 28 || preventing such, production of confidential records in the case can and will likely

1 || substantially impair and harm defendant public entity’s interests in candid self- 2 || critical analysis, frank internal deliberations, obtaining candid information from 3 || witnesses, preserving the safety of witnesses, preserving the safety of peace officers 4 || and peace officers’ families and associates, protecting the privacy officers of peace 5 || officers, and preventing pending investigations from being detrimentally 6 || undermined by publication of private, sensitive, or confidential information — as can 7 ||and often does result in litigation. 8 || Plaintiff agrees that there is Good Cause for a Protective Order so as to preserve the 9 || respective interests of the parties without the need to further burden the Court with 10 || such issues. Specifically, the parties jointly contend that, absent this Stipulation and 11 || its associated Protective Order, the parties' respective privilege interests may be 12 || impaired or harmed, and that this Stipulation and its associated Protective Order 13 || may avoid such harm by permitting the parties to facilitate discovery with reduced 14 || risk that privileged and/or sensitive/confidential information will become matters of 15 public record. 2 16 |} 2. DEFINITIONS 17 2.1 Action: Yesenia Pena, et. al. v City of Azusa, et. al. Case No. 2:22-CV- 18 ||}07458-MRW 2.2 Challenging Party: a Party or Non-Party that challenges the 19 || designation of information or items under this Order. 20 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 21 || how it is generated, stored or maintained) or tangible things that qualify for 22 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23 || the Good Cause Statement. 24 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 25 || their support staff). 26 2.5 Designating Party: a Party or Non-Party that designates information or 27 || items that it produces in disclosures or in responses to discovery as 28 || “CONFIDENTIAL.”

l 2.6 Disclosure or Discovery Material: all items or information, regardless 2 || of the medium or manner in which it is generated, stored, or maintained (including, 3 || among other things, testimony, transcripts, and tangible things), that are produced or 4 || generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 || an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 || House Counsel does not include Outside Counsel of Record or any other outside 10 || counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association, or 12 || other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a 14 || party to this Action but are retained to represent or advise a party to this Action and | 15||have appeared in this Action on behalf of that party or are affiliated with a law firm 2 16 || which has appeared on behalf of that party, and includes support staff. 5 17 2.11 Party: any party to this Action, including all of its officers, directors, 18 || employees, consultants, retained experts, and Outside Counsel of Record (and their 19 || support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 21 || Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation 23 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 || and their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is 27 || designated as “CONFIDENTIAL.” 28

l 2.15 Receiving Party: a Party that receives Disclosure or Discovery 2 || Material from a Producing Party. 3 }/3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 || Protected Material (as defined above), but also (1) any information copied or 6 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 || compilations of Protected Material; and (3) any testimony, conversations, or 8 || presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial will be governed by the orders of the 10 || trial judge. This Order does not govern the use of Protected Material at trial. 11 |} 4. DURATION 12 || FINAL DISPOSITION of the action is defined as the conclusion of any appellate 13 || proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 14 || Except as set forth below, the terms of this protective order apply through FINAL | 15||DISPOSITION of the action. The parties may stipulate that the they will be 16 || contractually bound by the terms of this agreement beyond FINAL DISPOSITION, but will have to file a separate action for enforcement of the agreement once all 18 || proceedings in this case are complete. 19 Once a case proceeds to trial, information that was designated as 20 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced 21 |)as an exhibit at trial becomes public and will be presumptively available to all 22 |) members of the public, including the press, unless compelling reasons supported by 23 || specific factual findings to proceed otherwise are made to the trial judge in advance 24 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 25 || showing for sealing documents produced in discovery from “compelling reasons” 26 || standard when merits-related documents are part of court record). Accordingly, for 27 ||such materials, the terms of this protective order do not extend beyond the 28 || commencement of the trial.

1]/5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 || Each Party or Non-Party that designates information or items for protection under 4 || this Order must take care to limit any such designation to specific material that 5 || qualifies under the appropriate standards. The Designating Party must designate for 6 || protection only those parts of material, documents, items, or oral or written 7 || communications that qualify so that other portions of the material, documents, 8 || items, or communications for which protection is not warranted are not swept 9 || unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 || that are shown to be clearly unjustified or that have been made for an improper 12 || purpose (e.g., to unnecessarily encumber the case development process or to impose 13 || unnecessary expenses and burdens on other parties) may expose the Designating 14 || Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 2 16 || designated for protection do not qualify for protection, that Designating Party must 5 17 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 || produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic documents, 25 || but excluding transcripts of depositions or other pretrial or trial proceedings), that 26 || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 27 || “CONFIDENTIAL legend”), to each page that contains protected material. If only a 28 || portion or portions of the material on a page qualifies for protection, the Producing 4279.2125 £220 4 ~

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

1 || Upon timely correction of a designation, the Receiving Party must make reasonable 2 || efforts to assure that the material is treated in accordance with the provisions of this 3 || Order. 4 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6 || designation of confidentiality at any time that is consistent with the Court’s 7 || Scheduling Order. 8 6.2 Meet and Confer. The Challenging Party will initiate the dispute 9 || resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 10 || et seq. a} Il 6.3 The burden of persuasion in any such challenge proceeding will be on 12 Designating Party. Frivolous challenges, and those made for an improper 13 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 14 || parties) may expose the Challenging Party to sanctions. Unless the Designating 15 Party has waived or withdrawn the confidentiality designation, all parties will 2 16 || continue to afford the material in question the level of protection to which it is 5 17 || entitled under the Producing Party’s designation until the Court rules on the 18 || challenge. 19 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that is 21 || disclosed or produced by another Party or by a Non-Party in connection with this 22 || Action only for prosecuting, defending, or attempting to settle this Action. Such 23 || Protected Material may be disclosed only to the categories of persons and under the 24 || conditions described in this Order. When the Action has been terminated, a 25 || Receiving Party must comply with the provisions of section 13 below (FINAL 26 || DISPOSITION). 27 28

l Protected Material must be stored and maintained by a Receiving Party at a 2 || location and in a secure manner that ensures that access is limited to the persons 3 || authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 || otherwise ordered by the court or permitted in writing by the Designating Party, a 6 || Receiving Party may disclose any information or item designated 7 ||“CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 || well as employees of said Outside Counsel of Record to whom it is reasonably 10 || necessary to disclose the information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) of 12 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 || disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 16 (d) the Court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 || Vendors to whom disclosure is reasonably necessary for this Action and who have 20 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information or a 22 || custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 24 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 25 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they 26 || will not be permitted to keep any confidential information unless they sign the 27 || ““Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 28 || agreed by the Designating Party or ordered by the court. Pages of transcribed

1 || deposition testimony or exhibits to depositions that reveal Protected Material may 2 || be separately bound by the court reporter and may not be disclosed to anyone except 3 ||as permitted under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, 5 || mutually agreed upon by any of the parties engaged in settlement discussions. 6/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 7 || LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 || that compels disclosure of any information or items designated in this Action as 10 || “CONFIDENTIAL,” that Party must: 11 (a) promptly notify in writing the Designating Party. Such notification

12 || will include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order 14 || to issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification will include 2 16 ||a copy of this Stipulated Protective Order; and 3 17 (c) cooperate with respect to all reasonable procedures sought to be 18 || pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 || the subpoena or court order will not produce any information designated in this 21 || action as “CONFIDENTIAL” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 ||permission. The Designating Party will bear the burden and expense of seeking 24 || protection in that court of its confidential material and nothing in these provisions 25 || should be construed as authorizing or encouraging a Receiving Party in this Action 26 || to disobey a lawful directive from another court. 2719. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 28 || LITIGATION 4279.2125 £220 4 14

l (a) The terms of this Order are applicable to information produced by a 2 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 3 || produced by Non-Parties in connection with this litigation is protected by the 4 || remedies and relief provided by this Order. Nothing in these provisions should be 5 || construed as prohibiting a Non-Party from seeking additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to 7 || produce a Non-Party’s confidential information in its possession, and the Party is 8 || subject to an agreement with the Non-Party not to produce the Non-Party’s 9 || confidential information, then the Party will: 10 (1) promptly notify in writing the Requesting Party and the Non-Party 11 || that some or all of the information requested is subject to a confidentiality 12 || agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated 14 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and 2 16 (3) make the information requested available for inspection by the 3 17 || Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from this court within 19 || 14 days of receiving the notice and accompanying information, the Receiving Party 20 || may produce the Non-Party’s confidential information responsive to the discovery 21 |)request. If the Non-Party timely seeks a protective order, the Receiving Party will 22 || not produce any information in its possession or control that is subject to the 23 || confidentiality agreement with the Non-Party before a determination by the court. 24 || Absent a court order to the contrary, the Non-Party will bear the burden and expense 25 || of seeking protection in this court of its Protected Material. 26/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 28 || 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. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 8 || MATERIAL 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 13 || procedure may be established in an e-discovery order that provides for production 14 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 15 (e), insofar as the parties reach an agreement on the effect of disclosure of a 2 16 || communication or information covered by the attorney-client privilege or work 5 17 || product protection, the parties may incorporate their agreement in the stipulated 18 || protective order submitted to the court. MISCELLANEOUS 20 12.1 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 12.2 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 12.3 Filing Protected Material. A Party that seeks to file under seal any 28 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may

1 || only be filed under seal pursuant to a court order authorizing the sealing of the 2 || specific Protected Material at issue. If a Party's request to file Protected Material 3 || under seal is denied by the court, then the Receiving Party may file the information 4 ||in the public record unless otherwise instructed by the court. 5||13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 7 || days of a written request by the Designating Party, each Receiving Party must return 8 || all Protected Material to the Producing Party or destroy such material. As used in 9 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 || summaries, and any other format reproducing or capturing any of the Protected =| ||/Material. Whether the Protected Material is returned or destroyed, the Receiving 12 || Party must submit a written certification to the Producing Party (and, if not the same 13 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 14 || (by category, where appropriate) all the Protected Material that was returned or 15 destroyed and (2) affirms that the Receiving Party has not retained any copies, 2 16 || abstracts, compilations, summaries or any other format reproducing or capturing any 5 17 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 18 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 20 || reports, attorney work product, and consultant and expert work product, even if such 21 |) materials contain Protected Material. Any such archival copies that contain or 22 || constitute Protected Material remain subject to this Protective Order as set forth in 23 || Section 4 (DURATION). 24 || /// 25 || /// 26 || /// 27 || /// 28 |} ///

1}/14. Any willful violation of this Order may be punished by civil or criminal 2 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 3 || authorities, or other appropriate action at the discretion of the Court. 4||IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 || DATED: November 6, 2023 THE COCHRAN FIRM CALIFORNIA 7 8 By: /s/ Brian T. Dunn 9 Brian T. Dunn Edward M. Lyman 10 Timaiah Smit il Attorneys for Plaintiffs, TESENIA PENA, individually and as 12 Sueccessor in Interest to JESUS B FLORES, deceased; AMBER TORRES, individually 15 || DATED: November 6, 2023 THE CA LAW GROUP 16

Bl 17 By: /s/ James A. Bryant 18 James A. Bryant 19 Attorneys for Plaintiff, AMBER TORRES 21 |} DATED: November 6, 2023 MANNING & KASS 7 ELLROD, RAMIREZ, TRESTER LLP 23 24 By: /s/ Craig Smith 25 Mildred K. O’Linn Craig Smith Attorneys for Defendant, CITY OF 27 AZUSA 28

1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 4|)}|DATED: _ 11/07/2023 A _ _ 5 HON. MICHAEL R. WILNER United States Magistrate Judge 6 7 8 9 10 11

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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 United States 7 || District Court for the Central District of California on [date] in the case of 8 [insert case name and number]. | agree to comply with and to be 9 || bound by all the terms of this Stipulated Protective Order and I understand and 10 || acknowledge that failure to so comply could expose me to sanctions and punishment 11 || in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 || any information or item that is subject to this Stipulated Protective Order to any 13 || person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court | for the Central District of California for the purpose of enforcing the terms of this 16 || Stipulated Protective Order, even if such enforcement proceedings occur after 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