Opinion

Opinion

Court
District Court, C.D. California
Filed
Apr 30, 2026
Cited by
0 cases
Authority
More cited than 41.5%

The opinion

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7 UNITED STATES DISTRICT COURT

8 CENTRAL DISTRICT OF CALIFORNIA

9

10 PAUL L. PIPITONE, Case No. 2:24-cv-04072-SSS (AJR)

District Judge: Sunshine Suzanne Sykes

11 Plaintiffs, Magistrate Judge: A. Joel Richlin

12 v.

13 MATTHEW BARKSDALE, an

individual, NICKOLAS ANTHONY, an

14 individual, SAN LUIS OBISPO

COUNTY, JOHN DOES and JANE STIPULATED PROTECTIVE

15 ROES 1-V, ORDER

16 Defendants.

17

18

19 [Discovery Document: Referred to

Magistrate Judge A. Joel Richlin]

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25 1. A. PURPOSES AND LIMITATIONS

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

27 proprietary, or private information for which special protection from public

28

1 disclosure and from use for any purpose other than prosecuting this litigation may

2 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

3 enter the following Stipulated Protective Order. The parties acknowledge that this

4 Order does not confer blanket protections on all disclosures or responses to

5 discovery and that the protection it affords from public disclosure and use extends

6 only to the limited information or items that are entitled to confidential treatment

7 under the applicable legal principles.

8 B. GOOD CAUSE STATEMENT

9 The parties contend that there is good cause and a particularized need for a

10 protective order to preserve the interests of confidentiality and privacy in peace

11 officer personnel file records and associated investigative or confidential records for

12 the following reasons.

13 First, Defendants contend that peace officers have a federal privilege of

14 privacy in their personnel file records: a reasonable expectation of privacy therein

15 that is underscored, specified, and arguably heightened by the Pitchess protective

16 procedure of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1021,

17 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS

18 14665 *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while ‘[f]ederal law applies to

19 privilege based discovery disputes involving federal claims,” the “state privilege law

20 which is consistent with its federal equivalent significantly assist in applying

21 [federal] privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D

22 603, 613 n.4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based

23 “privacy rights [that] are not inconsequential” in their police personnel records); cf.

24 Cal. Penal Code §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants

25 further contend that uncontrolled disclosure of such personnel file information can

26 threaten the safety of non-party witnesses, officers, and their families/associates.

27 Second, Defendants contend that municipalities and law enforcement

28 agencies have federal deliberative-executive process privilege, federal official

1 information privilege, federal law enforcement privilege, and federal attorney-client

2 privilege (and/or attorney work product protection) interests in the personnel files of

3 their peace officers – particularly as those portions of peace-officer personnel files

4 that contain critical self-analysis, internal deliberation/decision-making or

5 evaluation/analysis, or communications for the purposes of obtaining or rendering

6 legal advice or analysis – potentially including but not limited to

7 evaluative/analytical portions of Internal Affairs type records or reports,

8 evaluative/analytical portions of supervisory records or reports, and/or reports

9 prepared at the direction of counsel, or for the purpose of obtaining or rendering

10 legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa Audubon Soc’y v.

11 United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir. 1997); Soto, 162

12 F.R.D at 613, n.4; Kelly v. City of San Jose, 114 F.R.D. 654, 668-671 (N.D. Cal.

13 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998); Hamstreet v.

14 Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.v. United

15 States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants further

16 contend that such personnel file records are restricted from disclosure by the public

17 entity’s custodian of records pursuant to applicable California law and that

18 uncontrolled release is likely to result in needless intrusion of officer privacy;

19 impairment in the collection of third-party witness information and statements

20 and related legitimate law enforcement investigations/interests; and a chilling

21 of open and honest discussion regarding and/or investigation into alleged

22 misconduct that can erode a public entity’s ability to identify and/or implement

23 any remedial measures that may be required.

24 Third, Defendants contend that, since peace officers do not have the same

25 rights as other private citizens to avoid giving compelled statements, it is contrary to

26 the fundamental principles of fairness to permit uncontrolled release of officers’

27 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d

28 822, 828-830 (1985); cf. U.S. Const., amend V.

1 Accordingly, Defendants contend that, without a protective order preventing

2 such, production of confidential records in the case can and will likely substantially

3 impair and harm defendant public entity’s interests in candid self-critical analysis,

4 frank internal deliberations, obtaining candid information from witnesses,

5 preserving the safety of witnesses, preserving the safety of peace officers and peace

6 officers’ families and associates, protecting the privacy officers of peace officers,

7 and preventing pending investigations from being detrimentally undermined by

8 publication of private, sensitive, or confidential information – as can and often does

9 result in litigation.

10 Without conceding Defendants’ contentions about or to the confidentiality of

11 any specific material, Plaintiff agrees that there is good cause for a Protective Order

12 so as to facilitate discovery while preserving the respective interests of the parties,

13 and while also providing an orderly framework for the resolution of any disputes

14 regarding assertions of confidentiality or privilege.

15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

16 The parties further acknowledge, as set forth in Section 12.3, below, that this

17 Stipulated Protective Order does not entitle them to file confidential information

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

19 and the standards that will be applied when a party seeks permission from the court

20 to file material under seal.

21 There is a strong presumption that the public has a right of access to judicial

22 proceedings and records in civil cases. In connection with non-dispositive motions,

23 good cause must be shown to support a filing under seal. See Kamakana v. City and

24 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors

25 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,

26 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

27 require good cause showing), and a specific showing of good cause or compelling

28 reasons with proper evidentiary support and legal justification, must be made with

1 respect to Protected Material that a party seeks to file under seal. The parties’ mere

2 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

3 without the submission of competent evidence by declaration, establishing that the

4 material sought to be filed under seal qualifies as confidential, privileged, or

5 otherwise protectable—constitute good cause.

6 Further, if a party requests sealing related to a dispositive motion or trial, then

7 compelling reasons, not only good cause, for the sealing must be shown, and the relief

8 sought shall be narrowly tailored to serve the specific interest to be protected. See

9 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

10 or type of information, document, or thing sought to be filed or introduced under seal

11 in connection with a dispositive motion or trial, the party seeking protection must

12 articulate compelling reasons, supported by specific facts and legal justification, for

13 the requested sealing order. Again, competent evidence supporting the application to

14 file documents under seal must be provided by declaration.

15 Any document that is not confidential, privileged, or otherwise protectable in

16 its entirety will not be filed under seal if the confidential portions can be redacted. If

17 documents can be redacted, then a redacted version for public viewing, omitting only

18 the confidential, privileged, or otherwise protectable portions of the document shall

19 be filed. Any application that seeks to file documents under seal in their entirety

20 should include an explanation of why redaction is not feasible.

21 2. DEFINITIONS

22 2.1 Action: This pending federal lawsuit: Paul L. Pipitone v. Deputy

23 Matthew Barksdale, Deputy Nicholas Anthony, and The County of San Luis Obispo,

24 2:24-cv-04072-SSS-AJR

25 2.2 Challenging Party: a Party or Non-Party that challenges the

26 designation of information or items under this Order.

27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

2 the Good Cause Statement.

3 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

4 their support staff).

5 2.5 Designating Party: a Party or Non-Party that designates information

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

7 “CONFIDENTIAL.”

8 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

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

12 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

15 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

17 counsel.

18 2.9 Non-Party: any natural person, partnership, corporation, association,

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

20 2.10 Outside Counsel of Record: attorneys who are not employees of a

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

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

23 which has appeared on behalf of that party, including support staff.

24 2.11 Party: any party to this Action, including all of its officers, directors,

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

26 support staffs).

27 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

28 Discovery Material in this Action.

1 2.13 Professional Vendors: persons or entities that provide litigation

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

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

4 and their employees and subcontractors.

5 2.14 Protected Material: any Disclosure or Discovery Material that is

6 designated as “CONFIDENTIAL.”

7 2.15 Receiving Party: a Party that receives Disclosure or Discovery

8 Material from a Producing Party.

9 3. SCOPE

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

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

12 extracted from Protected Material; (2) all copies, excerpts, summaries, or

13 compilations of Protected Material; and (3) any testimony, conversations, or

14 presentations by Parties or their Counsel that might reveal Protected Material.

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

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

17 4. DURATION

18 Once a case proceeds to trial, information that was designated as

19 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

20 as an exhibit at trial becomes public and will be presumptively available to all

21 members of the public, including the press, unless compelling reasons supported by

22 specific factual findings to proceed otherwise are made to the trial judge in advance

23 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

24 showing for sealing documents produced in discovery from “compelling reasons”

25 standard when merits-related documents are part of court record). Accordingly, the

26 terms of this protective order do not extend beyond the commencement of the trial.

27 5. DESIGNATING PROTECTED MATERIAL

28 5.1 Exercise of Restraint and Care in Designating Material for Protection.

1 Each Party or Non-Party that designates information or items for protection under

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

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

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

5 communications that qualify so that other portions of the material, documents,

6 items, or communications for which protection is not warranted are not swept

7 unjustifiably within the ambit of this Order.

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

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

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

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

12 Party to sanctions.

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

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

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

16 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

20 produced.

21 Designation in conformity with this Order requires:

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

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

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

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

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

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

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

1 A Party or Non-Party that makes original documents available for

2 inspection need not designate them for protection until after the inspecting Party has

3 indicated which documents it would like copied and produced. During the

4 inspection and before the designation, all of the material made available for

5 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

6 identified the documents it wants copied and produced, the Producing Party must

7 determine which documents, or portions thereof, qualify for protection under this

8 Order. Then, before producing the specified documents, the Producing Party must

9 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.

10 If only a portion or portions of the material on a page qualifies for protection, the

11 Producing Party also must clearly identify the protected portion(s) (e.g., by making

12 appropriate markings in the margins).

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

14 the Disclosure or Discovery Material on the record, before the close of the

15 deposition all protected testimony.

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

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

18 the exterior of the container or containers in which the information is stored the

19 legend “CONFIDENTIAL.” If only a portion or portions of the information

20 warrants protection, the Producing Party, to the extent practicable, shall identify the

21 protected portion(s).

22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

27 Order.

28 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

3 Scheduling Order.

4 6.2 Meet and Confer. The Challenging Party Shall initiate the dispute

5 resolution process under Civil Local Rule 37-1 et seq.

6 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

8 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

9 parties), may expose the Challenging Party to sanctions. Unless the Designating

10 Party has waived or withdrawn the confidentiality designation, all parties shall

11 continue to afford the material in question the level of protection to which it

12 is entitled under the Producing Party’s designation until the Court rules on the

13 challenge.

14 7. ACCESS TO AND USE OF PROTECTED MATERIAL

15 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

20 Receiving Party must comply with the provisions of Section 13 below (FINAL

21 DISPOSITION).

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

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

24 persons authorized under this Order.

25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

26 otherwise ordered by the Court or permitted in writing by the Designating Party, a

27 Receiving Party may disclose any information or item designated

28 “CONFIDENTIAL” only to:

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

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

3 necessary to disclose the information for this Action;

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

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

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

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

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

9 (d) the Court and its personnel;

10 (e) court reporters and their staff;

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

12 Vendors to whom disclosure is reasonably necessary for this Action and who have

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

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

15 custodian or other person who otherwise possessed or knew the information;

16 (h) during their depositions, witnesses, and attorneys for witnesses, in

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

18 party requests that the witness sign the form attached as Exhibit A hereto; and (2)

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

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

21 agreed by the Designating Party or ordered by the Court. Pages of transcribed

22 deposition testimony or exhibits to depositions that reveal Protected Material may

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

24 as permitted under this Stipulated Protective Order; and

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

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

27 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

28 PRODUCED IN OTHER LITIGATION

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

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

3 “CONFIDENTIAL,” that Party must:

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

5 shall include a copy of the subpoena or court order;

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

7 to issue in the other litigation that some or all of the material covered by the

8 subpoena or order is subject to this Protective Order. Such notification shall include

9 a copy of this Stipulated Protective Order; and

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

11 pursued by the Designating Party whose Protected Material may be affected.

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

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

14 action as “CONFIDENTIAL” before a determination by the court from which the

15 subpoena or order issued, unless the Party has obtained the Designating Party’s

16 permission. The Designating Party shall bear the burden and expense of seeking

17 protection in that court of its confidential material, and nothing in these provisions

18 should be construed as authorizing or encouraging a Receiving Party in this Action

19 to disobey a lawful directive from another court.

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

21 PRODUCED IN THIS LITIGATION

22 (a) The terms of this Order are applicable to information produced by a

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

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

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

26 construed as prohibiting a Non-Party from seeking additional protections.

27 (b) In the event that a Party is required, by a valid discovery request, to

28 produce a Non-Party’s confidential information in its possession, and the Party is

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

2 confidential information, then the Party shall:

3 (1) promptly notify in writing the Requesting Party and the Non-Party

4 that some or all of the information requested is subject to a confidentiality agreement

5 with a Non-Party;

6 (2) promptly provide the Non-Party with a copy of the Stipulated

7 Protective Order in this Action, the relevant discovery request(s), and a reasonably

8 specific description of the information requested; and

9 (3) make the information requested available for inspection by the Non-

10 Party, if requested.

11 (c) If the Non-Party fails to seek a protective order from this Court within

12 14 days of receiving the notice and accompanying information, the Receiving Party

13 may produce the Non-Party’s confidential information responsive to the discovery

14 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

15 not produce any information in its possession or control that is subject to the

16 confidentiality agreement with the Non-Party before a determination by the Court.

17 Absent a court order to the contrary, the Non-Party shall bear the burden and

18 expense of seeking protection in this Court of its Protected Material.

19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

25 or persons to whom unauthorized disclosures were made of all the terms of this

26 Order, and (d) request such person or persons to execute the “Acknowledgment and

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

28 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

1 PROTECTED MATERIAL

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

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

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

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

6 procedure may be established in an e-discovery order that provides for production

7 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

8 (e), insofar as the parties reach an agreement on the effect of disclosure of a

9 communication or information covered by the attorney-client privilege or work

10 product protection, the parties may incorporate their agreement in the stipulated

11 protective order submitted to the Court.

12

13 12. MISCELLANEOUS

14 12.1 Right to Relief. Nothing in this Order abridges the right of any person

15 to seek its modification by the Court in the future.

16 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

18 disclosing or producing any information or item on any ground not addressed in

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

20 any ground to use in evidence of any of the material covered by this Protective

21 Order.

22 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

24 may only be filed under seal pursuant to a court order authorizing the sealing of the

25 specific Protected Material at issue. If a Party’s request to file Protected Material

26 under seal is denied by the court, then the Receiving Party may file the information

27 in the public record unless otherwise instructed by the court.

28 13. FINAL DISPOSITION

1 Final disposition shall be deemed to be the later of (1) dismissal of all claims

2 and defenses in this Action, with or without prejudice; and (2) final judgment herein

3 after the completion and exhaustion of all appeals, rehearings, remands, trials, or

4 reviews of this Action, including the time limits for filing any motions or

5 applications for extension of time pursuant to applicable law. After the final

6 disposition of this Action, within 60 days of a written request by the Designating

7 Party, each Receiving Party must return all Protected Material to the Producing

8 Party or destroy such material. As used in this subdivision, “all Protected Material”

9 includes all copies, abstracts, compilations, summaries, and any other format

10 reproducing or capturing any of the Protected Material. Whether the Protected

11 Material is returned or destroyed, the Receiving Party must submit a written

12 certification to the Producing Party (and, if not the same person or entity, to the

13 Designating Party) by the 60 day deadline that (1) identifies (by category, where

14 appropriate) all the Protected Material that was returned or destroyed; and (2)

15 affirms that the Receiving Party has not retained any copies, abstracts, compilations,

16 summaries, or any other format reproducing or capturing any of the Protected

17 Material. Notwithstanding this provision, Counsel are entitled to retain an archival

18 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

19 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

20 work product, and consultant and expert work product, even if such materials

21 contain Protected Material. Any such archival copies that contain or constitute

22 Protected Material remain subject to this Protective Order as set forth in Section 4

23 (DURATION).

24 14. VIOLATION

25 Any violation of this Order may be punished by any and all appropriate

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

27 sanctions.

28

1

5 | Dated: April 28, 2026 PAUL L, PIPITONE, IN PRO PER

4 vs

5

6 |

7

Dated: April 28, 2026 MANNING & KASS, ELLROD, RAMIREZ, TRESTER,

LLP

10 |

11 | /s/ Kelly A. Duncan

| Sergio Hernandez

13 Attorney for Defendants Matthew Barksdale,

14 | Nicholas Anthony, County of San Luis Obispo

15

16

19

FOR GOOD CAUSE SHOWN, IT IS SOORDERED.

1 RM

| DATED:_ 4/30/2026

Homrorable A. Joel Richlin

3 United States Magistrate Judge

24

25 |

26 |

27

28

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 of perjury

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

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

8 on [date] in the case of Paul L. Pipitone v. Matthew Barksdale, et. al. Case No.:

9 2:24-cv-04072-SSS-AJR. I agree to comply with and to be bound by all the terms

10 of this Stipulated Protective Order, and I understand and acknowledge that failure

11 to so comply could expose me to sanctions and punishment in the nature of

12 contempt. I solemnly promise that I will not disclose in any manner any information

13 or item that is subject to this Stipulated Protective Order to any person or entity

14 except in strict compliance with the provisions of this Order.

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

16 for the Central District of California for 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 in

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

22 Stipulated Protective Order.

23 Date: ____________________ Signature: ______________________

24 Printed name: ___________________

25 City and State where sworn and signed: _______________________

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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