The opinion
1 || Eugene P. Ramirez (State Bar No. 134865)
cugeneramir menninglip.com
2 || Eugene P. Hanrahan (State Bar No. 185826)
eugene. □□□□□□□□□□□□□□□□□□□□□□□
3 || Kayleigh A. Andersen (State Bar No. 306442)
Rapicigh □□□□□□□□□□□□□□□□□□□□□□□
4||MANNING & KAS
ELLROD, RAMIREZ, TRESTER LLP
5|/801 S. Figueroa St, 15th Floor,
Los Angeles, California 90017-3012
6 || Telephone: GB) 624-6900
Facsimile: (213) 624-6999
7
Attorneys for Defendants SHERIFF
8 || CHAD BIANCO; Sergeant TODD
JOHNSON; Correctional Deputy ABDUL
9 || FAR; MORGAN MCCANDLESS;
Correctional Corporal BENJAMIN
10 || SEAGRAVES-GLADNEY; Deputy
KEVIN JONES; Correctional Deputy
2 11 || PHILLIP DIEFENDERFER; Correctional
Deputy THOMAS KOLB; Correctional
— 412 Deputy MIGUE TRIANA; and Corporal
KAT GALLARDO
z 13
> UNITED STATES DISTRICT COURT
14
= CENTRAL DISTRICT OF CALIFORNIA
= 15
16 oe
DEZARAE MUNOZ, individually and | Case No. 5:23-cv-02063-JGB-DTB
17 || as successor-in-interest to Estate of
ULYSSES MUNOZ AYALA,
18 STIPULATED PROTECTIVE
Plaintiffs, ORDER RE CONFIDENTIAL
19 DOCUMENTS
V.
20
SHERIFF CHAD BIANCO, an Action Filed: October 10, 2023
21 || Individual; Sergeant TODD FAC Filed: November 8, 2024
JOHNSON, an individual, Correctional
22 peput ABDUL FAR, an individual,
M IRGAN MCCANDLESS, an
23 || Individual, Correctional Corporal
BENJAMIN SEAGRAVES-
24 || GLADNEY, an Individual, Correctional
Deputy KEVIN JONES, an Individual;
25 || Correctional Deputy PHILLIP
DIEFENDERFER, an Individual,
26 || Correctional Deputy THOMAS KOLB,
an Individual, Correctional Deputy
27 || MIGUE TRIANA, an Individual,
Corporal KAI GALLARDO, an
28 || individual: RIVERSIDE COUNTY
| BOERS RERARE MENT:
Defendants.
3
4
5|}1. A.PURPOSES AND LIMITATIONS
6 Discovery in this action is likely to involve production of confidential,
7 || proprietary, or private information for which special protection from public disclosure
8 || and from use for any purpose other than prosecuting this litigation may be warranted.
9 || Accordingly, the parties hereby stipulate to and petition the Court to enter the
10 || following Stipulated Protective Order. The parties acknowledge that this Order does
2 11 ||not confer blanket protections on all disclosures or responses to discovery and that
x 12 ||the protection it affords from public disclosure and use extends only to the limited
13 information or items that are entitled to confidential treatment under the applicable
14 || legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
15 ||that this Stipulated Protective Order does not entitle them to file confidential
16 || information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
17 || followed and the standards that will be applied when a party seeks permission from
18 || the court to file material under seal.
19 B. GOOD CAUSE STATEMENT
20 This action is likely to involve medical records, documents containing private
21 ||information from third parties, police investigation procedures and tactics, and other
22 ||confidential and private information for which special protection from public
23 disclosure and from use for any purpose other than prosecution of this action is
24 || warranted. Such confidential and proprietary materials and information consist of,
25 || among other things, confidential personal information of non-parties, private medical
26 ||and mental health records, including Plaintiff's and plaintiffs’ decedent’s HIPAA
27 || protected medical and mental health care records, internal police reviews and
28 || procedures, and other confidential and sensitive information otherwise generally
1 || unavailable to the public, or which may be privileged or otherwise protected from
2 || disclosure under state or federal statutes, court rules, case decisions, or common law.
3 || Defendants contend that there is good cause for a protective order to maintain the
4 confidentiality of peace officer personnel records. They emphasize that releasing
5 ||these records, which include internal analyses and legal communications, could
6 || hinder law enforcement investigations.
7 Accordingly, to expedite the flow of information, to facilitate the prompt
8 ||resolution of disputes over confidentiality of discovery materials, to adequately
9 || protect information the parties are entitled to keep confidential, to ensure that the
10 || parties are permitted reasonable necessary uses of such material in preparation for and
2 11 in the conduct of trial, to address their handling at the end of the litigation, and serve
x 12 || the ends of justice, a protective order for such information is justified in this matter.
13 || It is the intent of the parties that information will not be designated as confidential for
S$ 14 || tactical reasons and that nothing be so designated without a good faith belief that it
15 been maintained in a confidential, non-public manner, and there is good cause
16 || why it should not be part of the public record of this case.
17||2.. DEFINITIONS
18 2.1 Action: this pending federal lawsuit in Munoz v. County of Riverside, et al.
19 || (Case No: 5:23-cv-02063-JGB-DTB).
20 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
21 || information or items under this Order.
22 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
23 ||it is generated, stored or maintained) or tangible things that qualify for protection
24 ||}under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
25 || Cause Statement.
26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
27 || support staff).
28 2.5 Designating Party: a Party or Non-Party that designates information or
1 |j/items that it produces in disclosures or in responses to discovery as
2 || “CONFIDENTIAL.”
3 2.6 Disclosure or Discovery Material: all items or information, regardless of
4||the medium or manner in which it is generated, stored, or maintained (including,
5 ||among other things, testimony, transcripts, and tangible things), that are produced or
6 || generated in disclosures or responses to discovery in this matter.
7 2.7 Expert: a person with specialized knowledge or experience in a matter
8 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
9 || an expert witness or as a consultant in this Action.
10 2.8 House Counsel: attorneys who are employees of a party to this Action.
2 11 || House Counsel does not include Outside Counsel of Record or any other outside
12|Ilcounsel.
13 2.9 Non-Party: any natural person, partnership, corporation, association, or
S$ 14 || other legal entity not named as a Party to this action.
15 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
16||this Action but are retained to represent or advise a party to this Action and have
17 || appeared in this Action on behalf of that party or are affiliated with a law firm which
18 || has appeared on behalf of that party, and includes support staff.
19 2.11 Party: any party to this Action, including all of its officers, directors,
20 ||employees, consultants, retained experts, and Outside Counsel of Record (and their
21 || support staffs).
22 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
23 || Discovery Material in this Action.
24 2.13 Professional Vendors: persons or entities that provide litigation support
25 ||services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 ||and their employees and subcontractors.
28 2.14 Protected Material: any Disclosure or Discovery Material that 1s
1 || designated as “CONFIDENTIAL.”
2 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
3 || from a Producing Party.
4|/3. SCOPE
5 The protections conferred by this Stipulation and its associated Order cover not
6 || only Protected Material/Confidential Documents (as defined above), but also (1) any
7 ||information copied or extracted from Protected Material; (2) all copies, excerpts,
8 ||summaries, or compilations of Protected Material; and (3) any testimony,
9 || conversations, or presentations by Parties or their Counsel that might reveal Protected
10 || Material. However, the protections conferred by this Stipulation and its associated
2 11 || Order do not cover the following information: (a) any information that is in the public
x 12 || domain at the time of disclosure to a Receiving Party or becomes part of the public
13 || domain after its disclosure to a Receiving Party as a result of publication not involving
14 || a violation of this Order, including becoming part of the public record through trial or
15 || otherwise; and (b) any information known to the Receiving Party prior to the
16 || disclosure or obtained by the Receiving Party after the disclosure from a source who
17 || obtained the information lawfully and under no obligation of confidentiality to the
18 || Designating Party.
19 Any use of Protected Material at trial shall be governed by the orders of the
20 || trial judge. This Order does not govern the use of Protected Material at trial.
21|}4. DURATION
22 “Once a case proceeds to trial, all information designated as confidential and
23 || introduced at trial shall be presumptively public, subject only to sealing by order of
24 || the trial judge upon a showing of compelling reasons supported by specific factual
25 || findings (Kamakana v. City & County of Honolulu, 447 F.3d 1172). This Order shall
26 || not be construed to create any preemptive right to seal trial exhibits.” Accordingly,
27 || the terms of this protective order do not extend beyond the commencement of the trial
28 || except as designated above.
1/5. DESIGNATION OF 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
4|/under this Stipulation and its associated Order must take care to limit any such
5 || designation to specific material that qualifies under the appropriate standards. A
6 || Designating Party must take care to designate for protection only those parts of
7 || material, documents, items, or oral or written communications that qualify — so that
8 ||other portions of the material, documents, items or communications for which
9 || protection is not warranted are not swept unjustifiably within the ambit of this Order.
10 “Mass, indiscriminate, or routine designations are prohibited, and designations
2 11 ||shall be made only where good cause exists under FRCP 26(c) or applicable
x 12 || California law, with a specific factual basis supporting confidentiality. Information
13 || may not be designated confidential for tactical reasons or to impede case preparation.”
14 || Designations that are shown to be clearly unjustified, or that have been made for an
15 ||improper purpose (e.g., to unnecessarily encumber or retard the case development
16 || process, or to impose unnecessary expenses and burdens on other parties), expose the
17 || Designating Party to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 || designated for protection do not qualify for protection, that Designating Party must
20 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
21 5.2. Manner and Timing of Designations. Except as otherwise provided in
22 || this Order, or as otherwise stipulated or ordered, material that qualifies for protection
23 ||}under this Order must be clearly so designated before the material is disclosed or
24 || produced.
25 Designation in conformity with this Order requires:
26 (a) for information in documentary form (apart from transcripts of
27 || depositions or other pretrial or trial proceedings, and regardless of whether produced
28||in hardcopy or electronic form), that the Producing Party affix the legend
1 || “CONFIDENTIAL: THESE DOCUMENTS ARE SUBJECT TO THE TERMS AND
2 || CONDITIONS OF A PROTECTIVE ORDER, Case No. 5:24-cv-02405-SVW-DTB”
3 || to each page that contains Protected Material. If only a portion or portions of the
4 material on a page qualifies for protection, the Producing Party also must clearly
5 || identify the protected portion(s) (e.g., by making appropriate markings in the margins)
6 ||and must specify, for each portion that it is “CONFIDENTIAL.” The placement of
7 ||such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the substance of
8 || the page’s (or pages’) text or content and shall be in the margin of the document
9 || whenever possible.
10 A Party or Non-Party that makes original documents or materials available for
2 11 || inspection need not designate them for protection until after the inspecting Party has
x 12 || indicated which material it would like copied and produced. During the inspection
13 || and before the designation, all of the material made available for inspection shall be
14 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
15 || it wants copied and produced, the Producing Party must determine which documents,
or portions thereof, qualify for protection under this Order. Then, before producing
17||the specified documents, the Producing Party must affix the “CONFIDENTIAL”
18 || legend to each page that contains Protected Material. If only a portion or portions of
19 || the material on a page qualifies for protection, the Producing Party also must clearly
20 |lidentify the protected portion(s) (e.g., by making appropriate markings in the
21 || margins).
22 (b) fortestimony given in depositions that the Designating Party identify the
23 || Disclosure or Discovery Material on the record, before the close of the deposition all
24 || protected testimony.
25 (c) for information produced in some form other than documentary, and for
26 || any other tangible items (including but not limited to information produced on disc or
27 || electronic data storage device), that the Producing Party affix in a prominent place on
28 || the exterior of the container or containers in which the information or item is stored
1 || the legend “CONFIDENTIAL.” If only portions of the information or item warrant
2 || protection, the Producing Party, to the extent practicable, shall identify the protected
3 || portions, specifying the material as “CONFIDENTIAL.”
4 5.3. Inadvertent Failures to Designate. If timely corrected (preferably,
5 || though not necessarily, within 30 days of production or disclosure of such material),
6|[an inadvertent failure to designate qualified information or items as
7||“CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to
8 ||secure protection under this Stipulation and its associated Order for such material.
9 If material is appropriately designated as “CONFIDENTIAL” after the material
10 || was initially produced, the Receiving Party, on timely notification of the designation,
2 11 || must make reasonable efforts to assure that the material is treated in accordance with
2 this Stipulation and its associated Order.
13 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.
14 6.1. Timing of Challenges. Any Party or Non-Party may challenge a
15 designation of confidentiality at any time that is consistent with the Court's
16 || Scheduling Order.
17 6.2. Meet_and Confer. The Challenging Party shall initiate the dispute
18 || resolution process under Local Rule 37.1 et seq.
19 6.3. The burden of persuasion in any such challenge proceeding shall be on
20 || the Designating Party. Frivolous challenges, and those made for an improper purpose
21 ||(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
22 || expose the Challenging Party to sanctions. Unless the Designating Party has waived
23 □□ □□ withdrawn the confidentiality designation, all parties shall continue to afford the
24 || material in question the level of protection to which it is entitled under the Producing
25 || Party’s designation until the Court rules on the challenge.
26 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
27 || Designating Party may remove Protected Material/Confidential Documents from
28 ||some or all of the protections and provisions of this Stipulation and its associated
1 || Order at any time by any of the following methods:
2 (a) Express Written Withdrawal. A Designating Party may withdraw a
3 ||“CONFIDENTIAL” designation made to any specified Protected Material
4 ||/Confidential Documents from some or all of the protections of this Stipulation and
5 ||its associated Order by an express withdrawal in a writing signed by such Party (or
6||such Party’s Counsel, but not including staff of such Counsel) that specifies and
7 ||itemizes the Disclosure or Discovery Material previously designated as Protected
8 || Material/Confidential Documents that shall no longer be subject to all or some of the
9 || provisions of this Stipulation and Order. Such express withdrawal shall be effective
|| when transmitted or served upon the Receiving Party. If a Designating Party is
2 11 || withdrawing Protected Material from only some of the provisions/ protections of this
x 12 || Stipulation and Order, such Party must state which specific provisions are no longer
13 ||to be enforced as to the specified material for which confidentiality protection
S$ 14||hereunder is withdrawn: otherwise, such withdrawal shall be construed as a
15 || withdrawal of such material from all of the protections/provisions of this Stipulation
16 || and Order;
17 (b) Express Withdrawal on the Record. A Designating Party may withdraw
18]}a “CONFIDENTIAL” designation made to any _ specified Protected
19 || Material/Confidential Documents from all of the provisions/protections of this
20 || Stipulation and its associated Order by verbally consenting in court proceedings on
21||the record to such withdrawal — provided that such withdrawal specifies the
22 ||Disclosure or Discovery Material previously designated as Protected Material/
23 || Confidential Documents that shall no longer be subject to any of the provisions of this
24 || Stipulation and Order. A Designating Party 1s not permitted to withdraw Protected
25 || Material from only some of the protections/provisions of this Stipulation and Order
26 || by this method;
27 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A
28 || Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”
1 || designation made to any specified Protected Material/Confidential Documents from
2 || all of the provisions/protections of this Stipulation and Order by either (1) making
3 ||such Protected Material/Confidential Records part of the public record — including
4||but not limited to attaching such as exhibits to any filing with the court without
5 || moving, prior to such filing, for the court to seal such records; or (2) failing to timely
6 || oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” designation to
7 || specified Protected Material/Confidential Documents. Nothing in this Stipulation and
8||Order shall be construed so as to require any Party to file Protected
9 || Material/Confidential Documents under seal, unless expressly specified herein.
10||7. ACCESS TO AND USE OF PROTECTED MATERIAL.
2 11 7.1. Basic Principles. A Receiving Party may use Protected Material that is
12|/disclosed or produced by another Party or by a non-party in connection with this case
13 || only for preparing, prosecuting, defending, or attempting to settle this litigation — up
to and including final disposition of the above-entitled action — and not for any other
15 || purpose, including any other litigation or dispute outside the scope of this action.
16 || Such Protected Material may be disclosed only to the categories of persons and under
17 || the conditions described in this Stipulation and its associated Order. When the above
18 || entitled litigation has been terminated, a Receiving Party must comply with the
19 || provisions of section 13, below (FINAL DISPOSITION).
20 Protected Material must be stored and maintained by a Receiving Party at a
21 ||location and in a secure manner that ensures that access is limited to the persons
22 || authorized under this Stipulation and its Order.
23 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
24 || otherwise ordered by the Court or permitted in writing by the Designating Party, a
25 || Receiving Party may disclose any information or item designated CONFIDENTIAL
26 || only to:
27 (a) the Receiving Party’s Outside Counsel of record in this action, as well
28 ||as employees of such Counsel to whom it is reasonably necessary to disclose the
1 || information for this litigation;
2 (b) the Receiving Party and the officers, directors, and employees (including
3 || House Counsel) of the Receiving Party to whom disclosure is reasonably necessary
4 || for this litigation — each of whom, by accepting receipt of such Protected Material,
5 || thereby agree to be bound by this Stipulation and Order;
6 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party
7 ||to whom disclosure is reasonably necessary for this litigation — each of whom, by
8 ||accepting receipt of such Protected Material, thereby agree to be bound by this
9 || Stipulation and Order;
10 (d) court reporters, their staffs, and Professional Vendors to whom
2 11 || disclosure is reasonably necessary for this litigation — each of whom, by accepting
x 12 || receipt of such Protected Material, thereby agree to be bound by this Stipulation and
13 || Order;
S$ 14 (e) during their depositions, witnesses in the action to whom disclosure is
15||reasonably necessary — each of whom, by accepting receipt of such Protected
Material, thereby agree to be bound by this Stipulation and Order. Pages of
17||transcribed deposition testimony or exhibits to depositions that reveal Protected
18 || Material must have a confidential designation affixed by the court reporter to such
19 || pages containing Protected Material and such may not be disclosed to anyone except
20 || as permitted under this Stipulation and its Protective Order.
21 (f) the author or custodian of a document containing the information that
22 || constitutes Protected Material, or other person who otherwise possessed or knew the
23 || information.
24 (g) any mediator or settlement officer, and their supporting personnel,
25 || mutually agreed upon by any of the parties engaged in settlement discussions.
26 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected
27 || Material/Confidential Documents to persons to whom this Stipulation and its Order
28 permits disclosure or production (see section 8.2, supra), a Receiving Party shall
1 || provide a copy of this Stipulation and Order to such persons so as to put such persons
2 ||on notice as to the restrictions imposed upon them herein: except that, for court
3 ||reporters, Professional Vendors, and for witnesses being provided with Protected
4 || Material during a deposition, it shall be sufficient notice for Counsel for the Receiving
5 || Party to give the witness a verbal admonition (on the record, for witnesses) regarding
6 || the provisions of this Stipulation and its Order and such provisions’ applicability to
7 || specified Protected Material at issue.
8 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be
9 || construed so as to require any Producing Party to designate any records or materials
10 ||}as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so
2 to prevent the admission of Protected Material into evidence at the trial of this
x 12 || action, or in any appellate proceedings for this action, solely on the basis that such
13||Disclosure or Discovery Material has been designated as _ Protected
14 || Material/Confidential Documents. Notwithstanding the foregoing, nothing in this
15 || Stipulation and Order shall be construed as a waiver of any privileges or of any rights
||to object to the use or admission into evidence of any Protected Material in any
17 || proceeding; nor shall anything herein be construed as a concession that any privileges
18 || asserted or objections made are valid or applicable. Nothing in this Stipulation and
|| Order shall be construed so as to prevent the Designating Party (or its Counsel or
20 || custodian of records) from having access to and using Protected Material designated
21 || by that Party in the manner in which such persons or entities would typically use such
22 || materials in the normal course of their duties or profession — except that the waiver of
23 || confidentiality provisions shall apply (see section 6.4(c), supra).
24 7.5. Requirement to File Confidential Documents Under Seal. “Any party
25 ||seeking to file materials designated ‘CONFIDENTIAL’ must comply with Civil
26 || Local Rule 79-5. No document shall be filed under seal absent a court order granting
27 ||such relief upon a showing of compelling reasons (for merits-related filings) or good
28 || cause (for discovery materials). Designation alone does not justify sealing.” If any
1 || Receiving Party attaches any Confidential Documents to any pleading, motion, or
2 || other paper to be filed, lodged, or otherwise submitted to the Court, such Confidential
3 || Document(s) shall be filed/lodged under seal pursuant to Federal Rules of Civil
4|| Procedure 5.2 and 26 and/or United States District Court, Central District of
5 || California Local Rules 79-5.1 and 79-5.2 to the extent applicable.
6
7||8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION.
9 If a Party is served with a subpoena or a court order issued in other litigation
10||that compels disclosure of any information or items designated in this action as
11]/“CONFIDENTIAL,” that Party must:
x 12 (a) promptly notify in writing the Designating Party, preferably (though not
13 || necessarily) by facsimile or electronic mail. Such notification shall include a copy of
14 || the subpoena or court order at issue;
15 (b) promptly notify in writing the party who caused the subpoena or order to
16 || issue in the other litigation that some or all of the material covered by the subpoena
17 || or order is subject to this Stipulation and its Protective Order. Such notification shall
18 || include a copy of this Stipulation and its Protective Order; and
19 (c) cooperate with respect to all reasonable procedures sought to be pursued
20 || by all sides in any such situation, while adhering to the terms of this Stipulation and
21 |}its Order.
22 If the Designating Party timely seeks a protective order, the Party served with
23 || the subpoena or court order shall not produce any information designated in this action
24 || as “CONFIDENTIAL” before a determination by the court from which the subpoena
25 || or order issued, unless the Party has obtained the Designating Party’s permission. The
26 || Designating Party shall bear the burden and expense of seeking protection in that court
27 || of its confidential material — and nothing in these provisions should be construed as
28 || authorizing or encouraging a Receiving Party in this action to disobey a lawful
1 || directive from another court.
2 The purpose of this section 1s to ensure that the affected Party has a meaningful
3 opportunity to preserve its confidentiality interests in the court from which the
4 || subpoena or court order issued. “Nothing in this section authorizes or requires a party
5 ||to disobey a lawful order of another court. The Receiving Party may comply with
6 ||such orders after providing notice and an opportunity to seek protection, as required
7 || by Rule 45.”
8/19. A NON-PARTY’S PROTECTED MATERIAL SOUGHT □□ □□
9 PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-
Party in this Action and designated as “CONFIDENTIAL.” Such information
<= produced by Non-Parties in connection with this litigation is protected by the
© 3 remedies and relief provided by this Order. Nothing in these provisions should be
14 construed as prohibiting a Non-Party from seeking additional protections.
< 15 (b) In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party
that some or all of the information requested is subject to a
confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s),
and a reasonably specific description of the information requested;
and
25
(3) make the information requested available for inspection by the
Non-Party, if requested.
38 (c) “Ifthe Non-Party fails to seek protection within 7 days of notice, the Receiving
1 || Party may produce the information. This timeframe is shortened to avoid undue delay
2 ||in discovery.” If the Non-Party timely seeks a protective order, the Receiving Party
3 || shall not produce any information in its possession or control that is subject to the
4 || confidentiality agreement with the Non-Party before a determination by the court.
5 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense
6 || of seeking protection in this court of its Protected Material.
710. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9 || Protected Material to any person or in any circumstance not authorized under this
10 || Stipulation and Order, the Receiving Party must immediately:
2 11 (a) notify in writing the Designating Party of the unauthorized disclosures;
2 (b) use its best efforts to retrieve all copies of the Protected Material;
13 (c) inform the person or persons to whom unauthorized disclosures were made
Ss 14 || of all the terms of this Order; and
15 (d) request such person or persons consent to be bound by the Stipulation and
16 || Order.
17||11. Inadvertent Production of Privileged or Otherwise Protected Material.
18 When a Producing Party gives notice to Receiving Parties that certain
19 || inadvertently produced material is subject to a claim of privilege or other protection,
20 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
21 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
22 || may be established in an e-discovery order that provides for production without prior
23 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
24 || parties reach an agreement on the effect of disclosure of a communication or
25 || information covered by the attorney-client privilege or work product protection, the
26 || parties may incorporate their agreement in the stipulated protective order submitted
27 || to the court.
28
1|}12. MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
3 || person to seek its modification by the Court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this
5 || Protective Order no Party waives any right it otherwise would have to object to
6 || disclosing or producing any information or item on any ground not addressed in this
7 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
8 || ground to use in evidence of any of the material covered by this Protective Order.
9 12.3 Filing Protected Material. A Party that seeks to file under seal any
10 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may
2 11 || only be filed under seal pursuant to a court order authorizing the sealing of the specific
x 12 || Protected Material at issue. If a Party's request to file Protected Material under seal is
13 || denied by the court, then the Receiving Party may file the information in the public
S$ 14 || record unless otherwise instructed by the court.
15|}13. FINAL DISPOSITION.
16 “Unless otherwise ordered, within 60 days after termination of this action each
17 || Receiving Party must return or destroy Protected Material, except that counsel may
18 || retain archival copies of pleadings, exhibits, deposition transcripts, correspondence,
19||and attorney work product as required by the California Rules of Professional
20 || Conduct and federal law. Such archival materials remain subject to this Order.”
21 As used in this subdivision, “all Protected Material” includes all copies,
22 || abstracts, compilations, summaries or any other form of reproducing or capturing any
23 ||of the Protected Material, regardless of the medium (hardcopy, electronic, or
24 || otherwise) in which such Protected Material is stored or retained.
25 In the alternative, at the discretion of the Receiving Party, the Receiving Party
26 || may destroy some or all of the Protected Material instead of returning it — unless such
27 || Protected Material is an original, in which case, the Receiving Party must obtain the
28 || Producing Party’s written consent before destroying such original Protected Material.
1 Whether the Protected Material is returned or destroyed, the Receiving Party
2 || must submit a written certification to the Producing Party (and, if not the same person
3 |/or entity, to the Designating Party) within sixty (60) days of the aforementioned
|| written request by the Designating Party that specifically identifies (by category,
5 || where appropriate) all the Protected Material that was returned or destroyed and that
6 || affirms that the Receiving Party has not retained any copies, abstracts, compilations,
7 ||summaries or other forms of reproducing or capturing any of the Protected material
8 || (Gn any medium, including but not limited to any hardcopy, electronic or digital copy,
9 || or otherwise).
10 Notwithstanding this provision, Counsel are entitled to retain an archival copy
2 11 || of all pleadings, motion papers, transcripts, legal memoranda filed with the court in
x 12 ||this action, as well as any correspondence or attorney work product prepared by
13 || Counsel for the Receiving Party, even if such materials contain Protected Material;
S$ 14 || however, any such archival copies that contain or constitute Protected Material remain
15 || subject to this Protective Order as set forth in Section 4 (DURATION), above.
16 “Any violation of this Order may be addressed by the Court in accordance with
17 || the Federal Rules of Civil Procedure, the Court’s inherent authority, and applicable
18 || law. Sanctions, if any, shall be limited to those authorized under FRCP 37 and related
19 || authority.”
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21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
|| DATED: August 13, 2025 MANNING & KASS
73 ELLROD, RAMIREZ, TRESTER LLP
By: /s/ Kayleigh A. Andersen
5 Eugene P. Ramirez
Eugene P. Hanrahan
26 Kayleigh A. Andersen
07 Attorneys for Defendants SHERIFF CHAD
BIANCO, et al.
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1 |}; DATED: August 13, 2025 KHASHAN LAW FIRM, APC
2 By: /s/ Lewis G. Khashan
3 Lewis G. Khashan
4 Attorneys for Plaintiffs
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full
4 ||name], of [print or type full address], declare
5 || under penalty of perjury that I have read in its entirety and understand the Stipulated
6 || Protective Order that was issued by the United States District Court for the Central
7 || District of California on [date] inthe caseof Dezarae Munoz, et al. v.
8 || County of Riverside, et al., Case No. 5:23-cv-02063-JGB-DTB. I agree to comply
9 || with and to be bound by all the terms of this Stipulated Protective Order and I
10 || understand and acknowledge that failure to so comply could expose me to sanctions
2 11 || and punishment in the nature of contempt. I solemnly promise that I will not disclose
x 12 ||in any manner any information or item that is subject to this Stipulated Protective
13 || Order to any person or entity except in strict compliance with the provisions of this
S$ 14 || Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 || for the Central District of California for the purpose of enforcing the terms of this
17 || Stipulated Protective Order, even if such enforcement proceedings occur after
18 || termination of this action. I hereby appoint [print
19 || or type full name] of [print or type
20 || full address and telephone number] as my California agent for service of process
21 ||in connection with this action or any proceedings related to enforcement of this
22 || Stipulated Protective Order.
23 || Date:
24 || City and State where sworn and signed:
25 || Printed name:
26 || Signature:
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2 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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4 DATED: August 27, 2025
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8||HON.DAVIDT.BRISTOW ————CS
9 United States Magistrate Judge
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