Opinion

Kenneth Soto v. County of Riverside

Court
District Court, C.D. California
Filed
Sep 9, 2025
Cited by
0 cases

The opinion

1

2 Nathan A. Oyster (SBN 225307)

E-mail: noyster@bwslaw.com

3 Caylin W. Jones (SBN 327829)

E-mail: cjones@bwslaw.com

4 BURKE, WILLIAMS & SORENSEN, LLP

444 South Flower Street, 40th Floor

5 Los Angeles, California 90071-2942

Tel: 213.236.0600 Fax: 213.236.2700

6

Attorneys for Defendants,

7 COUNTY OF RIVERSIDE and

JULIO OLGUIN

8

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

11

12 KENNETH SOTO, individually and as Case No. 5:25-cv-00182-CAS-DTBx

successor in interest to Decedent [5:25-cv-00874-CAS-SHKx]

13 Kenneth Soto,

14 Plaintiff,

STIPULATED PROTECTIVE

15 v. ORDER

16 COUNTY OF RIVERSIDE; and DOES

1 through 100, inclusive, Judge: Christina A. Snyder

17

Defendant.

18

19 ANDREA SOTO, individually and as

successor in interest to Decedent

20 Kenneth Andrew Soto,

21 Plaintiff,

22 v.

23 COUNTY OF RIVERSIDE, JULIO

OLGUIN and DOES 1 through 10,

24 inclusive,

25 Defendants.

26

27

1 TO THE HONORABLE COURT:

2 Plaintiffs KENNETH SOTO and ANDREA SOTO, (hereinafter referred to as

3 “Plaintiffs”) and Defendants COUNTY OF RIVERSIDE and JULIO OLGUIN

4 (hereinafter referred to collectively as “Defendants”) hereby stipulate for the purpose

5 of jointly requesting that the honorable Court enter a protective order as follows:

6 1. A. PURPOSES AND LIMITATIONS

7 Discovery in this action is likely to involve production of confidential,

8 proprietary, or private information for which special protection from public disclosure

9 and from use for any purpose other than prosecuting this litigation may be warranted.

10 Accordingly, the parties hereby stipulate to and petition the Court to enter the

11 following Stipulated Protective Order. The parties acknowledge that this Order does

12 not confer blanket protections on all disclosures or responses to discovery and that

13 the protection it affords from public disclosure and use extends only to the limited

14 information or items that are entitled to confidential treatment under the applicable

15 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

16 that this Stipulated Protective Order does not entitle them to file confidential

17 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

18 followed and the standards that will be applied when a party seeks permission from

19 the court to file material under seal.

20 B. GOOD CAUSE STATEMENT

21 This action relates to the officer involved shooting of Kenneth Soto. The parties

22 submit that good cause exists to enter the proposed protective order to balance

23 Defendant’s concern regarding the investigation into the shooting, autopsy

24 photographs, and concerns regarding witnesses’ identities. Further, confidential

25 medical records regarding the decedent are likely to be subpoenaed and/or produced

26 during the course of litigation.

27 2. DEFINITIONS

2.1. Action: this pending federal law suit Kenneth Soto v. County of Riverside,

1 case number 5:25-cv-00182-CAS-SHK, consolidated with Andrea Soto v. County of

2 Riverside 5:25-cv-00874-CAS-SHK.

3 2.2. Challenging Party: a Party or Non-Party that challenges the designation

4 of information or items under this Order.

5 2.3. “CONFIDENTIAL” Information or Items: information (regardless of

6 how it is generated, stored or maintained) or tangible things that qualify for protection

7 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

8 Cause Statement.

9 2.4. Counsel: Outside Counsel of Record and House Counsel (as well as their

10 support staff).

11 2.5. Designating Party: a Party or Non-Party that designates information or

12 items that it produces in disclosures or in responses to discovery as

13 “CONFIDENTIAL.”

14 2.6. Disclosure or Discovery Material: all items or information, regardless

15 of the medium or manner in which it is generated, stored, or maintained (including,

16 among other things, testimony, transcripts, and tangible things), that are produced or

17 generated in disclosures or responses to discovery in this matter.

18 2.7. Expert: a person with specialized knowledge or experience in a matter

19 pertinent to the litigation who has been retained by a Party or its counsel to serve as

20 an expert witness or as a consultant in this Action.

21 2.8. House Counsel: attorneys who are employees of a party to this Action.

22 House Counsel does not include Outside Counsel of Record or any other outside

23 counsel.

24 2.9. Non-Party: any natural person, partnership, corporation, association, or

25 other legal entity not named as a Party to this action.

26 2.10. Outside Counsel of Record: attorneys who are not employees of a party

27 to this Action but are retained to represent or advise a party to this Action and have

appeared in this Action on behalf of that party or are affiliated with a law firm which

1 has appeared on behalf of that party, and includes support staff.

2 2.11. Party: any party to this Action, including all of its officers, directors,

3 employees, consultants, retained experts, and Outside Counsel of Record (and their

4 support staffs).

5 2.12. Producing Party: a Party or Non-Party that produces Disclosure or

6 Discovery Material in this Action.

7 2.13. Professional Vendors: persons or entities that provide litigation support

8 services (e.g., photocopying, videotaping, translating, preparing exhibits or

9 demonstrations, and organizing, storing, or retrieving data in any form or medium)

10 and their employees and subcontractors.

11 2.14. Protected Material: any Disclosure or Discovery Material that is

12 designated as “CONFIDENTIAL.”

13 2.15. Receiving Party: a Party that receives Disclosure or Discovery Material

14 from a Producing Party.

15 3. SCOPE

16 The protections conferred by this Stipulation and Order cover not only

17 Protected Material (as defined above), but also (1) any information copied or extracted

18 from Protected Material; (2) all copies, excerpts, summaries, or compilations of

19 Protected Material; and (3) any testimony, conversations, or presentations by Parties

20 or their Counsel that might reveal Protected Material.

21 Any use of Protected Material at trial shall be governed by the orders of the

22 trial judge. This Order does not govern the use of Protected Material at trial.

23 4. DURATION

24 Once a case proceeds to trial, all of the information that was designated as

25 confidential or maintained pursuant to this protective order becomes public and

26 will be presumptively available to all members of the public, including the press,

27 unless compelling reasons supported by specific factual findings to proceed

otherwise are made to the trial judge in advance of the trial. See Kamakana v. City

1 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

2 “good cause” showing for sealing documents produced in discovery from “compelling

3 reasons” standard when merits-related documents are part of court record).

4 Accordingly, the terms of this protective order do not extend beyond the

5 commencement of the trial.

6 5. DESIGNATING PROTECTED MATERIAL

7 5.1. Exercise of Restraint and Care in Designating Material for Protection.

8 Each Party or Non-Party that designates information or items for protection

9 under this Order must take care to limit any such designation to specific material that

10 qualifies under the appropriate standards. The Designating Party must designate for

11 protection only those parts of material, documents, items, or oral or written

12 communications that qualify so that other portions of the material, documents, items,

13 or communications for which protection is not warranted are not swept unjustifiably

14 within the ambit of this Order.

15 Mass, indiscriminate, or routinized designations are prohibited. Designations

16 that are shown to be clearly unjustified or that have been made for an improper

17 purpose (e.g., to unnecessarily encumber the case development process or to impose

18 unnecessary expenses and burdens on other parties) may expose the Designating Party

19 to sanctions.

20 If it comes to a Designating Party’s attention that information or items that it

21 designated for protection do not qualify for protection, that Designating Party must

22 promptly notify all other Parties that it is withdrawing the inapplicable designation.

23 5.2. Manner and Timing of Designations. Except as otherwise provided in

24 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

25 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

26 under this Order must be clearly so designated before the material is disclosed or

27 produced.

Designation in conformity with this Order requires:

1 (a) for information in documentary form (e.g., paper or electronic

2 documents, but excluding transcripts of depositions or other pretrial or trial

3 proceedings), that the Producing Party affix at a minimum, the legend

4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

5 contains protected material. If only a portion or portions of the material on a page

6 qualifies for protection, the Producing Party also must clearly identify the protected

7 portion(s) (e.g., by making appropriate markings in the margins).

8 A Party or Non-Party that makes original documents available for inspection

9 need not designate them for protection until after the inspecting Party has indicated

10 which documents it would like copied and produced. During the inspection and before

11 the designation, all of the material made available for inspection shall be deemed

12 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

13 copied and produced, the Producing Party must determine which documents, or

14 portions thereof, qualify for protection under this Order. Then, before producing the

15 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

16 to each page that contains Protected Material. If only a portion or portions of the

17 material on a page qualifies for protection, the Producing Party also must clearly

18 identify the protected portion(s) (e.g., by making appropriate markings in the

19 margins).

20 (b) for testimony given in depositions that the Designating Party identify the

21 Disclosure or Discovery Material on the record, before the close of the deposition all

22 protected testimony.

23 (c) for information produced in some form other than documentary and for

24 any other tangible items, that the Producing Party affix in a prominent place on the

25 exterior of the container or containers in which the information is stored the legend

26 “CONFIDENTIAL.” If only a portion or portions of the information warrants

27 protection, the Producing Party, to the extent practicable, shall identify the protected

portion(s).

1 5.3 Inadvertent Failure to Designate. If timely corrected, an inadvertent

2 failure to designate qualified information or items does not, standing alone, waive the

3 Designating Party’s right to secure protection under this Order for such material.

4 Upon timely correction of a designation, the Receiving Party must make reasonable

5 efforts to assure that the material is treated in accordance with the provisions of this

6 Order.

7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

9 designation of confidentiality at any time that is consistent with the Court’s

10 Scheduling Order.

11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

12 resolution process under Local Rule 37.1 et seq.

13 6.3 The burden of persuasion in any such challenge proceeding shall be on

14 the Designating Party. Frivolous challenges, and those made for an improper purpose

15 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

16 expose the Challenging Party to sanctions. Unless the Designating Party has waived

17 or withdrawn the confidentiality designation, all parties shall continue to afford the

18 material in question the level of protection to which it is entitled under the Producing

19 Party’s designation until the Court rules on the challenge.

20 7. ACCESS TO AND USE OF PROTECTED MATERIAL

21 7.1 Basic Principles. A Receiving Party may use Protected Material that is

22 disclosed or produced by another Party or by a Non-Party in connection with this

23 Action only for prosecuting, defending, or attempting to settle this Action. Such

24 Protected Material may be disclosed only to the categories of persons and under the

25 conditions described in this Order. When the Action has been terminated, a Receiving

26 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

27 Protected Material must be stored and maintained by a Receiving Party at a

location and in a secure manner that ensures that access is limited to the persons

1 authorized under this Order.

2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

3 otherwise ordered by the court or permitted in writing by the Designating Party, a

4 Receiving Party may disclose any information or item designated

5 “CONFIDENTIAL” only to:

6 (a) the Receiving Party’s Outside Counsel of Record in this Action,

7 as well as employees of said Outside Counsel of Record to whom it is reasonably

8 necessary to disclose the information for this Action;

9 (b) the officers, directors, and employees (including House Counsel)

10 of the Receiving Party to whom disclosure is reasonably necessary for this Action;

11 (c) Experts (as defined in this Order) of the Receiving Party to whom

12 disclosure is reasonably necessary for this Action and who have signed the

13 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

14 (d) the court and its personnel;

15 (e) court reporters and their staff;

16 (f) professional jury or trial consultants, mock jurors, and

17 Professional Vendors to whom disclosure is reasonably necessary for this Action and

18 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

19 (g) the author or recipient of a document containing the information

20 or a custodian or other person who otherwise possessed or knew the information;

21 (h) During their depositions, witnesses ,and attorneys for witnesses,

22 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

23 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

24 will not be permitted to keep any confidential information unless they sign the

25 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

26 agreed by the Designating Party or ordered by the court. Pages of transcribed

27 deposition testimony or exhibits to depositions that reveal Protected Material may be

separately bound by the court reporter and may not be disclosed to anyone except as

1 permitted under this Stipulated Protective Order; and

2 (i) any mediator or settlement officer, and their supporting personnel,

3 mutually agreed upon by any of the parties engaged in settlement discussions.

4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

5 OTHER LITIGATION

6 If a Party is served with a subpoena or a court order issued in other litigation

7 that compels disclosure of any information or items designated in this Action as

8 “CONFIDENTIAL,” that Party must:

9 (a) promptly notify in writing the Designating Party. Such notification shall

10 include a copy of the subpoena or court order;

11 (b) promptly notify in writing the party who caused the subpoena or order to

12 issue in the other litigation that some or all of the material covered by the subpoena

13 or order is subject to this Protective Order. Such notification shall include a copy of

14 this Stipulated Protective Order; and

15 (c) cooperate with respect to all reasonable procedures sought to be pursued

16 by the Designating Party whose Protected Material may be affected.

17 If the Designating Party timely seeks a protective order, the Party served with

18 the subpoena or court order shall not produce any information designated in this action

19 as “CONFIDENTIAL” before a determination by the court from which the subpoena

20 or order issued, unless the Party has obtained the Designating Party’s permission. The

21 Designating Party shall bear the burden and expense of seeking protection in that court

22 of its confidential material and nothing in these provisions should be construed as

23 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

24 directive from another court.

25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

26 PRODUCED IN THIS LITIGATION

27 (a) The terms of this Order are applicable to information produced by a Non-

Party in this Action and designated as “CONFIDENTIAL.” Such information

1 produced by Non-Parties in connection with this litigation is protected by the

2 remedies and relief provided by this Order. Nothing in these provisions should be

3 construed as prohibiting a Non-Party from seeking 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 Party is

6 subject to an agreement with the Non-Party not to produce the Non-Party’s

7 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 confidentiality agreement

10 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 reasonably

13 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 Party may

18 produce the Non-Party’s confidential information responsive to the discovery request.

19 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

20 any information in its possession or control that is subject to the confidentiality

21 agreement with the Non-Party before a determination by the court. Absent a court

22 order to the contrary, the Non-Party shall bear the burden and expense of seeking

23 protection in this court of its Protected Material.

24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

26 Protected Material to any person or in any circumstance not authorized under this

27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

2 persons to whom unauthorized disclosures were made of all the terms of this Order,

3 and (d) request such person or persons to execute the “Acknowledgment and

4 Agreement to Be Bound” that is attached hereto as Exhibit A.

5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

6 PROTECTED MATERIAL

7 When a Producing Party gives notice to Receiving Parties that certain

8 inadvertently produced material is subject to a claim of privilege or other protection,

9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

11 may be established in an e-discovery order that provides for production without prior

12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

13 parties reach an agreement on the effect of disclosure of a communication or

14 information covered by the attorney-client privilege or work product protection, the

15 parties may incorporate their agreement in the stipulated protective order submitted

16 to the court.

17 12. MISCELLANEOUS

18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

19 person to seek its modification by the Court in the future.

20 12.2 Right to Assert Other Objections. By stipulating to the entry of this

21 Protective Order no Party waives any right it otherwise would have to object to

22 disclosing or producing any information or item on any ground not addressed in this

23 Stipulated Protective Order. Similarly, no Party waives any right to object on any

24 ground to use in evidence of any of the material covered by this Protective Order.

25 12.3 Filing Protected Material. A Party that seeks to file under seal any

26 Protected Material must comply with Civil Local Rule 79-5. Protected Material may

27 only be filed under seal pursuant to a court order authorizing the sealing of the specific

Protected Material at issue. If a Party's request to file Protected Material under seal is

1 denied by the court, then the Receiving Party may file the information in the public

2 record unless otherwise instructed by the court.

3 13. FINAL DISPOSITION

4 After the final disposition of this Action, as defined in paragraph 4, within 60

5 days of a written request by the Designating Party, each Receiving Party must return

6 all Protected Material to the Producing Party or destroy such material. As used in this

7 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

8 summaries, and any other format reproducing or capturing any of the Protected

9 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

10 must submit a written certification to the Producing Party (and, if not the same person

11 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

12 category, where appropriate) all the Protected Material that was returned or destroyed

13 and (2)affirms that the Receiving Party has not retained any copies, abstracts,

14 compilations, summaries or any other format reproducing or capturing any of the

15 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

16 archival copy of all pleadings, motion papers, trial, deposition, and hearing

17 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

18 reports, attorney work product, and consultant and expert work product, even if such

19 materials contain Protected Material. Any such archival copies that contain or

20 constitute Protected Material remain subject to this Protective Order as set forth in

21 Section 4 (DURATION).

22 14. Any violation of this Order may be punished by any and all appropriate

23 measures including, without limitation, contempt proceedings and/or monetary

24 sanctions.

25

26

27

1 IT IS SO STIPULATED

2 || Dated: September 3, 2025 BURKE, WILLIAMS & SORENSEN, LLP

3

4

5 By: /s/ Caylin W. Jones

Nathan A. Oyster

6 Caylin W. Jones

7 Attorneys for Defendants COUNTY

OF RIVERSIDE and JULIO OLGUIN

9

19|| Dated: September 3, 2025 LAW OFFICE OF GREGORY PEACOCK

11

12

By: /s/ Gregory Peacock

13 Gregory Peacock

14 Attorney for Plaintiff KENNETH

SOTO

15

16

Dated: September 3, 2025 LAW OFFICES OF JERRY L. STEERING

18

19

By: /s/ Jerry Steering

20 Jerry Steering

21 Attorney for Plaintiff ANDREA

SOTO

22

23

94 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

25 Dated: September 9, 2025 / fe

26 HONORABL¥ DAVID T. BRISTOW

United States Magistrate Judge

28

E, WILLIAMS &

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, _____________________________ [print or type full name], of

5 ____________________________ [print or type full address], declare under penalty

6 of perjury that I have read in its entirety and understand the Stipulated Protective

7 Order that was issued by the United States District Court for the Central District of

8 California on ____________ in the case of Kenneth Soto v. County of Riverside, et

9 al. Case No. 5:25-cv-00182-CAS-SHK, consolidated with Andrea Soto v. County of

10 Riverside, et al. 5:25-cv-00874-CAS-SHK. I agree to comply with and to be bound

11 by all the terms of this Stipulated Protective Order and I understand and

12 acknowledge that failure to so comply could expose me to sanctions and punishment

13 in the nature of contempt. I solemnly promise that I will not disclose in any manner

14 any information or item that is subject to this Stipulated Protective Order to any

15 person or entity except in strict compliance with the provisions of this Order.

16 I further agree to submit to the jurisdiction of the United States District Court

17 for the Central District of California for the purpose of enforcing the terms of this

18 Stipulated Protective Order, even if such enforcement proceedings occur after

19 termination of this action. I hereby appoint __________________________ [print or

20 type full name] of _______________________________________ [print or type

21 full address and telephone number] as my California agent for service of process in

22 connection with this action or any proceedings related to enforcement of this

23 Stipulated Protective Order.

24 Date:

25 City and State where sworn and signed:

26 Printed Name:

27

Signature:

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