The opinion
1 Nathan A. Oyster (SBN 225307)
E-mail: noyster@bwslaw.com
2 Caylin W. Jones (SBN 327829)
E-mail: cjones@bwslaw.com
3 BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, 40th Floor
4 Los Angeles, California 90071-2942
Tel: 213.236.0600 Fax: 213.236.2700
5
Attorneys for Defendants
6 COUNTY OF RIVERSIDE and
CHAD BIANCO
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 MICHAEL PAUL DEMASTES, Case No. 5:25-cv-03339-KK-DTB
12 Plaintiff, STIPULATED PROTECTIVE
ORDER
13 v.
Judge: Kenly Kiya Kato
14 COUNTY OF RIVERSIDE, CHAD
BIANCO, an individual, and DOES 1 Magistrate: David T. Bristow
15 through 10, inclusive,
16 Defendants.
17
18 1. A. PURPOSES AND LIMITATIONS
19 Discovery in this action is likely to involve production of confidential,
20 proprietary, or private information for which special protection from public disclosure
21 and from use for any purpose other than prosecuting this litigation may be warranted.
22 Accordingly, the parties hereby stipulate to and petition the Court to enter the
23 following Stipulated Protective Order. The parties acknowledge that this Order does
24 not confer blanket protections on all disclosures or responses to discovery and that the
25 protection it affords from public disclosure and use extends only to the limited
26 information or items that are entitled to confidential treatment under the applicable
27 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
1 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
2 followed and the standards that will be applied when a party seeks permission from
3 the court to file material under seal.
4 B. GOOD CAUSE STATEMENT
5 This action is likely to involve the production of confidential records,
6 personal medical records, investigation information that may implicate third party
7 information, materials protected by the Official Information Privilege, employment
8 information, confidential information relating to the County, its deputies, and other
9 inmates, and bodycam and jail surveillance videos where Plaintiff is not fully
10 clothed, for which special protection from public disclosure and from use for any
11 purpose other than prosecution of this action is warranted. Such information may
12 implicate the privacy interests of the party and are properly protected through a Fed.
13 R. Civ. P. 26(c) protective order. Seattle Times Co. v. Rhinehart, 467 U.S. 20, 35
14 n.21 (1984) (“Rule 26(c) includes among its express purposes the protection of a
15 ‘party or person from annoyance, embarrassment, oppression or undue burden or
16 expense.’ Although the Rule contains no specific reference to privacy or to other
17 rights or interests that may be implicated, such matters are implicit in the broad
18 purpose and language of the Rule.”); Soto v. City of Concord, 162 F.R.D. 603, 617
19 (N.D. Cal. 1995) (a party’s privacy rights are to be protected through a “carefully
20 crafted protective order.”).
21 Accordingly, to expedite the flow of information, facilitate the prompt
22 resolution of disputes over confidentiality of discovery materials, adequately protect
23 information the parties are entitled to keep confidential, ensure that the parties are
24 permitted reasonable necessary uses of such material in preparation for and in the
25 conduct of trial, address their handling at the end of the litigation, and serve the ends
26 of justice, a protective order for such information is justified in this Action. It is the
27 intent of the parties that information will not be designated as confidential for
1 has been maintained in a confidential, non-public manner, and there is good cause
2 why it should not be part of the public record of this case.
3 Plaintiff does not concede the grounds proposed by Defendants as the basis
4 for this protective order, nor does Plaintiff waive the right to object to the
5 designation of confidential material or to any information withheld based on the
6 above-described code sections or privileges. However, in the interest of encouraging
7 discovery and the exchange of documents and information, Plaintiff agrees to enter
8 into this Stipulated Protective Order so as to increase the flow of information in this
9 matter.
10 2. DEFINITIONS
11 2.1 Action: This pending federal law suit.
12 2.2 Challenging Party: A Party or Non-Party that challenges the
13 designation of information or items under this Order.
14 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of
15 how it is generated, stored or maintained) or tangible things that qualify for
16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
17 the Good Cause Statement.
18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
19 their support staff).
20 2.5 Designating Party: A Party or Non-Party that designates information or
21 items that it produces in disclosures or in responses to discovery as
22 “CONFIDENTIAL.”
23 2.6 Disclosure or Discovery Material: All items or information, regardless
24 of the medium or manner in which it is generated, stored, or maintained (including,
25 among other things, testimony, transcripts, and tangible things), that are produced or
26 generated in disclosures or responses to discovery in this matter.
27 2.7 Expert: A person with specialized knowledge or experience in a matter
1 an expert witness or as a consultant in this Action.
2 2.8 House Counsel: Attorneys who are employees of a party to this Action.
3 House Counsel does not include Outside Counsel of Record or any other outside
4 counsel.
5 2.9 Non-Party: Any natural person, partnership, corporation, association, or
6 other legal entity not named as a Party to this action.
7 2.10 Outside Counsel of Record: Attorneys who are not employees of a
8 party to this Action but are retained to represent or advise a party to this Action and
9 have appeared in this Action on behalf of that party or are affiliated with a law firm
10 which has appeared on behalf of that party, and includes support staff. 2.11 Party:
11 Any party to this Action, including all of its officers, directors, employees,
12 consultants, retained experts, and Outside Counsel of Record (and their support
13 staffs).
14 2.12 Producing Party: A Party or Non-Party that produces Disclosure or
15 Discovery Material in this Action.
16 2.13 Professional Vendors: Persons or entities that provide litigation support
17 services (e.g., photocopying, videotaping, translating, preparing exhibits or
18 demonstrations, and organizing, storing, or retrieving data in any form or medium)
19 and their employees and subcontractors.
20 2.14 Protected Material: Any Disclosure or Discovery Material that is
21 designated as “CONFIDENTIAL.”
22 2.15 Receiving Party: A Party that receives Disclosure or Discovery
23 Material from a Producing Party.
24 3. SCOPE
25 The protections conferred by this Stipulation and Order cover not only
26 Protected Material (as defined above), but also (1) any information copied or
27 extracted from Protected Material; (2) all copies, excerpts, summaries, or
1 presentations by Parties or their Counsel that might reveal Protected Material.
2 Any use of Protected Material at trial shall be governed by the orders of the
3 trial judge. This Order does not govern the use of Protected Material at trial.
4 4. DURATION
5 Once a case proceeds to trial, all of the information that was designated as
6 confidential or maintained pursuant to this protective order becomes public and will
7 be presumptively available to all members of the public, including the press, unless
8 compelling reasons supported by specific factual findings to proceed otherwise are
9 made to the trial judge in advance of the trial. See Kamakana v. City and County of
10 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
11 showing for sealing documents produced in discovery from “compelling reasons”
12 standard when merits-related documents are part of court record). Accordingly, the
13 terms of this protective order do not extend beyond the commencement of the trial.
14 5. DESIGNATING PROTECTED MATERIAL
15 5.1 Exercise of Restraint and Care in Designating Material for Protection.
16 Each Party or Non-Party that designates information or items for protection under
17 this Order must take care to limit any such designation to specific material that
18 qualifies under the appropriate standards. The Designating Party must designate for
19 protection only those parts of material, documents, items, or oral or written
20 communications that qualify so that other portions of the material, documents,
21 items, or communications for which protection is not warranted are not swept
22 unjustifiably within the ambit of this Order.
23 Mass, indiscriminate, or routinized designations are prohibited. Designations
24 that are shown to be clearly unjustified or that have been made for an improper
25 purpose (e.g., to unnecessarily encumber the case development process or to impose
26 unnecessary expenses and burdens on other parties) may expose the Designating
27 Party to sanctions.
1 designated for protection do not qualify for protection, that Designating Party must
2 promptly notify all other Parties that it is withdrawing the inapplicable designation.
3 5.2 Manner and Timing of Designations. Except as otherwise provided in
4 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
5 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
6 under this Order must be clearly so designated before the material is disclosed or
7 produced.
8 Designation in conformity with this Order requires:
9 (a) For information in documentary form (e.g., paper or electronic
10 documents, but excluding transcripts of depositions or other pretrial or trial
11 proceedings), that the Producing Party affix at a minimum, the legend
12 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
13 contains protected material. If only a portion or portions of the material on a page
14 qualifies for protection, the Producing Party also must clearly identify the protected
15 portion(s) (e.g., by making appropriate markings in the margins).
16 A Party or Non-Party that makes original documents available for inspection
17 need not designate them for protection until after the inspecting Party has indicated
18 which documents it would like copied and produced. During the inspection and
19 before the designation, all of the material made available for inspection shall be
20 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
21 it wants copied and produced, the Producing Party must determine which documents,
22 or portions thereof, qualify for protection under this Order. Then, before producing
23 the specified documents, the Producing Party must affix the “CONFIDENTIAL
24 legend” to each page that contains Protected Material. If only a portion or portions of
25 the material on a page qualifies for protection, the Producing Party also must clearly
26 identify the protected portion(s) (e.g., by making appropriate markings in the
27 margins).
1 identify the Disclosure or Discovery Material on the record, before the close of the
2 deposition all protected testimony.
3 (c) for information produced in some form other than documentary
4 and for any other tangible items, that the Producing Party affix in a prominent place
5 on the exterior of the container or containers in which the information is stored the
6 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants
7 protection, the Producing Party, to the extent practicable, shall identify the protected
8 portion(s).
9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
10 failure to designate qualified information or items does not, standing alone, waive the
11 Designating Party’s right to secure protection under this Order for such material.
12 Upon timely correction of a designation, the Receiving Party must make reasonable
13 efforts to assure that the material is treated in accordance with the provisions of this
14 Order.
15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
17 designation of confidentiality at any time that is consistent with the Court’s
18 Scheduling Order.
19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
20 resolution process under Local Rule 37.1 et seq.
21 6.3 The burden of persuasion in any such challenge proceeding shall be on
22 the Designating Party. Frivolous challenges, and those made for an improper purpose
23 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
24 expose the Challenging Party to sanctions. Unless the Designating Party has waived
25 or withdrawn the confidentiality designation, all parties shall continue to afford the
26 material in question the level of protection to which it is entitled under the Producing
27 Party’s designation until the Court rules on the challenge.
1 7. ACCESS TO AND USE OF PROTECTED MATERIAL
2 7.1 Basic Principles. A Receiving Party may use Protected Material that is
3 disclosed or produced by another Party or by a Non-Party in connection with this
4 Action only for prosecuting, defending, or attempting to settle this Action. Such
5 Protected Material may be disclosed only to the categories of persons and under the
6 conditions described in this Order. When the Action has been terminated, a Receiving
7 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
8 Protected Material must be stored and maintained by a Receiving Party at a
9 location and in a secure manner that ensures that access is limited to the persons
10 authorized under this Order.
11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
12 otherwise ordered by the court or permitted in writing by the Designating Party, a
13 Receiving Party may disclose any information or item designated
14 “CONFIDENTIAL” only to:
15 (a) The Receiving Party’s Outside Counsel of Record in this Action,
16 as well as employees of said Outside Counsel of Record to whom it is reasonably
17 necessary to disclose the information for this Action;
18 (b) the officers, directors, and employees (including House Counsel)
19 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
20 (c) Experts (as defined in this Order) of the Receiving Party to whom
21 disclosure is reasonably necessary for this Action and who have signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (d) the court and its personnel;
24 (e) court reporters and their staff;
25 (f) professional jury or trial consultants, mock jurors, and
26 Professional Vendors to whom disclosure is reasonably necessary for this Action and
27 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
1 or a custodian or other person who otherwise possessed or knew the information;
2 (h) during their depositions, witnesses ,and attorneys for witnesses, in
3 the Action to whom disclosure is reasonably necessary provided: (1) The deposing
4 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
5 will not be permitted to keep any confidential information unless they sign the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
7 agreed by the Designating Party or ordered by the court. Pages of transcribed
8 deposition testimony or exhibits to depositions that reveal Protected Material may be
9 separately bound by the court reporter and may not be disclosed to anyone except as
10 permitted under this Stipulated Protective Order; and
11 (i) any mediator or settlement officer, and their supporting personnel,
12 mutually agreed upon by any of the parties engaged in settlement discussions.
13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
14 PRODUCED IN OTHER LITIGATION
15 If a Party is served with a subpoena or a court order issued in other litigation
16 that compels disclosure of any information or items designated in this Action as
17 “CONFIDENTIAL,” that Party must:
18 (a) Promptly notify in writing the Designating Party. Such
19 notification shall include a copy of the subpoena or court order;
20 (b) promptly notify in writing the party who caused the subpoena or
21 order to issue in the other litigation that some or all of the material covered by the
22 subpoena or order is subject to this Protective Order. Such notification shall include a
23 copy of this Stipulated Protective Order; and
24 (c) cooperate with respect to all reasonable procedures sought to be
25 pursued by the Designating Party whose Protected Material may be affected.
26 If the Designating Party timely seeks a protective order, the Party served with
27 the subpoena or court order shall not produce any information designated in this
1 subpoena or order issued, unless the Party has obtained the Designating Party’s
2 permission. The Designating Party shall bear the burden and expense of seeking
3 protection in that court of its confidential material and nothing in these provisions
4 should be construed as authorizing or encouraging a Receiving Party in this Action to
5 disobey a lawful directive from another court.
6 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
7 PRODUCED IN THIS LITIGATION
8 (a) The terms of this Order are applicable to information produced by
9 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
10 produced by Non-Parties in connection with this litigation is protected by the
11 remedies and relief provided by this Order. Nothing in these provisions should be
12 construed as prohibiting a Non-Party from seeking additional protections.
13 (b) In the event that a Party is required, by a valid discovery request,
14 to produce a Non-Party’s confidential information in its possession, and the Party is
15 subject to an agreement with the Non-Party not to produce the Non-Party’s
16 confidential information, then the Party shall:
17 (1) Promptly notify in writing the Requesting Party and the Non-Party that
18 some or all of the information requested is subject to a confidentiality agreement with
19 a Non-Party;
20 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
21 Order in this Action, the relevant discovery request(s), and a reasonably specific
22 description of the information requested; and
23 (3) make the information requested available for inspection by the Non-
24 Party, if requested.
25 (c) If the Non-Party fails to seek a protective order from this court
26 Within 14 days of receiving the notice and accompanying information, the Receiving
27 Party may produce the Non-Party’s confidential information responsive to the
1 Party shall not produce any information in its possession or control that is subject to
2 the confidentiality agreement with the Non-Party before a determination by the court.
3 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
4 of seeking protection in this court of its Protected Material.
5
6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
8 Protected Material to any person or in any circumstance not authorized under this
9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
10 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
11 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
12 persons to whom unauthorized disclosures were made of all the terms of this Order,
13 and (d) request such person or persons to execute the “Acknowledgment and
14 Agreement to Be Bound” that is attached hereto as Exhibit A.
15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16 PROTECTED MATERIAL
17 When a Producing Party gives notice to Receiving Parties that certain
18 inadvertently produced material is subject to a claim of privilege or other protection,
19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
21 may be established in an e-discovery order that provides for production without prior
22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
23 parties reach an agreement on the effect of disclosure of a communication or
24 information covered by the attorney-client privilege or work product protection, the
25 parties may incorporate their agreement in the stipulated protective order submitted
26 to the court.
27 12. MISCELLANEOUS
1 person to seek its modification by the Court in the future.
2 12.2 Right to Assert Other Objections. By stipulating to the entry of this
3 Protective Order no Party waives any right it otherwise would have to object to
4 disclosing or producing any information or item on any ground not addressed in this
5 Stipulated Protective Order. Similarly, no Party waives any right to object on any
6 ground to use in evidence of any of the material covered by this Protective Order.
7 12.3 Filing Protected Material. A Party that seeks to file under seal any
8 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
9 only be filed under seal pursuant to a court order authorizing the sealing of the
10 specific Protected Material at issue. If a Party's request to file Protected Material
11 under seal is denied by the court, then the Receiving Party may file the information in
12 the public record unless otherwise instructed by the court.
13 13. FINAL DISPOSITION
14 After the final disposition of this Action, as defined in paragraph 4, within 60
15 days of a written request by the Designating Party, each Receiving Party must return
16 all Protected Material to the Producing Party or destroy such material. As used in this
17 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
18 summaries, and any other format reproducing or capturing any of the Protected
19 Material. Whether the Protected Material is returned or destroyed, the Receiving
20 Party must submit a written certification to the Producing Party (and, if not the same
21 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
22 (by category, where appropriate) all the Protected Material that was returned or
23 destroyed and (2) affirms that the Receiving Party has not retained any copies,
24 abstracts, compilations, summaries or any other format reproducing or capturing any
25 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
27 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
1 materials contain Protected Material. Any such archival copies that contain or
2 constitute Protected Material remain subject to this Protective Order as set forth in
3 Section 4 (DURATION).
4 14. Any violation of this Order may be punished by any and all appropriate
5 measures including, without limitation, contempt proceedings and/or monetary
6 sanctions.
7
8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9
10 Dated: February 20, 2026 BURKE, WILLIAMS & SORENSEN, LLP
11
12
By: /s/ Caylin W. Jones
13
Nathan A. Oyster
14 Caylin W. Jones
15 Attorneys for Defendants
COUNTY OF RIVERSIDE and
16 CHAD BIANCO
17
18 Dated: February 20, 2026 SKAPIK LAW GROUP
19
20
By: /s/ Matthew T. Falkenstein
21
Mark J. Skapik
22 Geralyn L. Skapik
Blair J. Berkley
23
Matthew T. Falkenstein
24 Attorneys for Plaintiff
MICHAEL DEMASTES
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3 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
4
5 ll Dated: February 23, 2026
7 || Signed: . /
8 || Judge David T. Bristow
9 || United States District/Magistrate Judge
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WILLIAMS &
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of perjury that
5 I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Central District of California on
7 ________ in the case of Michael Demastes v. County of Riverside et. Al. Case
8 Number 5:25-cv-03339-KK-DTB. I agree to comply with and to be bound by all the
9 terms of this Stipulated Protective Order and I understand and acknowledge that
10 failure to so comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any information
12 or item that is subject to this Stipulated Protective Order to any person or entity
13 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
15 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
17 termination of this action. I hereby appoint __________________________ [print or
18 type full name] of _______________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this
21 Stipulated Protective Order.
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24
25 Printed name: _______________________________
26
27 Signature: __________________________________