The opinion
Angela M. Powell, Esq., State Bar No. 191876
2 amp@jones-mayer.com
Thurgood M. Wynn, Esq., State Bar No. 345199
3 tmw@jones-mayer.com
3777 North Harbor Boulevard
4 Fullerton, CA 92835
Telephone: (714) 446-1400
5 Facsimile: (714) 446-1448
6
Attorneys for Defendant,
7 CITY OF FULLERTON
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 ALEXIS NARANJO, MIGUEL A. Case No. 8:25-cv-2370 DOC (DFMx)
NARANJO, STEPHANIE ARCOS,
12 GUILLERMINA CORTEZ, MIGUEL A. Assigned for All Purposes to:
NARANJO CORTEZ, D.N., a minor, by Honorable David O. Carter
13 and through his Guardian Ad Litem, Courtroom 10A
GABRIELA NARANJO, D.S.N., a
14 minor, by and through her Guardian Ad STIPULATED PROTECTIVE
Litem, GABRIELA NARANJO, ORDER
15
Plaintiffs, Action Filed: October 20, 2025
16
v.
17
CITY OF FULLERTON, and DOES 1-
18 10,
19 Defendants.
20 1. A. PURPOSES AND LIMITATIONS
21 As the parties have represented that discovery in this action is likely to
22 involve production of confidential, proprietary, or private information for which
23 special protection from public disclosure and from use for any purpose other than
24 prosecuting this litigation may be warranted, this Court enters the following
25 Protective Order. This Order does not confer blanket protections on all
26 disclosures or responses to discovery. The protection it affords from public
27 disclosure and use extends only to the limited information or items that are
28 entitled to confidential treatment under the applicable legal principles. Further,
2 parties to file confidential information under seal. Rather, when the parties seek
3 permission from the court to file material under seal, the parties must comply
4 with Civil Local Rule 79-5 and with any pertinent orders of the assigned District
5 Judge and Magistrate Judge.
6 B. GOOD CAUSE STATEMENT
7 This action is likely to involve discovery that is confidential and privileged
8 for which special protection from public disclosure and from use for any purpose
9 other than prosecution of this action is warranted. Such confidential and
10 proprietary materials and information consist of, among other things,
11 information pertaining to the City of Fullerton Police Department’s (“FPD”)
12 investigation of the underlying criminal activities, as well as peace officer
13 personnel file information and/or documents which the Parties agree includes
14 (1) Personal data, including marital status, family members, educational and
15 employment history, home addresses, or similar information; (2) Medical
16 history; (3) Election of employee benefits; (4) Employee advancement, appraisal
17 or discipline; and (5) Complaints, or investigations of complaints, if any,
18 concerning an event or transaction in which a peace officer participated, or
19 which a peace officer perceived, and pertaining to the manner in which the peace
20 officer performed his or her duties. Such confidential materials and information
21 consist of, among other things, materials entitled to privileges and/or protections
22 under the following: United States Constitution, First Amendment; the
23 California Constitution, Article I, Section 1; California Penal Code §§ 832.5,
24 832.7 and 832.8; California Evidence Code §§ 1040 and 1043 et. seq; the Privacy
25 Act of 1974, 5 U.S.C. § 552; Health Insurance Portability and Accountability Act
26 of 1996 (HIPPA); the right to privacy; decisional law relating to such provisions;
27 and information otherwise generally unavailable to the public, or which may be
28 privileged or otherwise protected from disclosure under state or federal statutes,
2 confidential materials and information is entitled to the Official Information
3 Privilege. Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 1990);
4 see also Kerr v. United States Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.
5 Cal. 1975). Aff’d, 426 U.S. 394, 96 S. Ct. 3229, 48 L.Ed.2d 725 (1976). The
6 information is otherwise generally unavailable to the public, or may be
7 privileged or otherwise protected from disclosure under state or federal statutes,
8 court rules, case decisions, or common law. Further, discovery may require
9 depositions, written discovery and/or the production of certain FPD Policies and
10 Procedures, and peace officer training information the public disclosure of which
11 could comprise officer safety, and/or raise security issues. Additionally, public
12 disclosure of such information poses a substantial risk of embarrassment,
13 oppression, and/or physical harm to peace officers whose confidential
14 information is disclosed. The risk of harm to peace officers is greater than with
15 other government employees due to the nature of their profession. The benefit
16 of public disclosure of confidential information is minimal while the potential
17 disadvantages are great. Accordingly, to expedite the flow of information, to
18 facilitate the prompt resolution of disputes over confidentiality of discovery
19 materials, to adequately protect information the parties are entitled to keep
20 confidential, to ensure that the parties are permitted reasonable necessary uses
21 of such material in preparation for and in the conduct of trial, to address their
22 handling at the end of the litigation, and serve the ends of justice, a protective
23 order for such information is justified in this matter. It is the intent of the parties
24 that information will not be designated as confidential for tactical reasons and
25 that nothing be so designated without a good faith belief that it has been
26 maintained in a confidential, non-public manner, and there is good cause why it
27 should not be part of the public record of this case.
28 ///
2 2.1 Action: Alexis Naranjo, et al. v. City of Fullerton, et al., United
3 District Court, Central District, Case No. 8:25-cv-2370 DOC (DFMx).
4 2.2 Challenging Party: A Party or Non-Party that challenges the
5 designation of information or items under this Order.
6 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of
7 how it is generated, stored or maintained) or tangible things that qualify for
8 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
9 the Good Cause Statement.
10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
11 their support staff).
12 2.5 Designating Party: A Party or Non-Party that designates
13 information or items that it produces in disclosures or in responses to discovery
14 as “CONFIDENTIAL.”
15 2.6 Disclosure or Discovery Material: All items or information,
16 regardless of the medium or manner in which it is generated, stored, or
17 maintained (including, among other things, testimony, transcripts, and tangible
18 things), that are produced or generated in disclosures or responses to discovery
19 in this matter.
20 2.7 Expert: A person with specialized knowledge or experience in a
21 matter pertinent to the litigation who has been retained by a Party or its counsel
22 to serve as an expert witness or as a consultant in this Action.
23 2.8 House Counsel: Attorneys who are employees of a party to this
24 Action. House Counsel does not include Outside Counsel of Record or any other
25 outside counsel.
26 2.9 Non-Party: Any natural person, partnership, corporation,
27 association, or other legal entity not named as a Party to this action.
28 2.10 Outside Counsel of Record: Attorneys who are not employees of a
2 and have appeared in this Action on behalf of that party or are affiliated with a
3 law firm which has appeared on behalf of that party, and includes support staff.
4 2.11 Party: Any party to this Action, including all of its officers, directors,
5 employees, consultants, retained experts, and Outside Counsel of Record (and
6 their support staffs).
7 2.12 Producing Party: A Party or Non-Party that produces Disclosure or
8 Discovery Material in this Action.
9 2.13 Professional Vendors: Persons or entities that provide litigation
10 support services (e.g., photocopying, videotaping, translating, preparing exhibits
11 or demonstrations, and organizing, storing, or retrieving data in any form or
12 medium) and their employees and subcontractors.
13 2.14 Protected Material: Any Disclosure or Discovery Material that is
14 designated as “CONFIDENTIAL.”
15 2.15 Receiving Party: A Party that receives Disclosure or Discovery
16 Material from a Producing Party.
17 3. SCOPE
18 The protections conferred by this Order cover not only Protected Material
19 (as defined above), but also (1) any information copied or extracted from
20 Protected Material; (2) all copies, excerpts, summaries, or compilations of
21 Protected Material; and (3) any deposition testimony, conversations, or
22 presentations by Parties or their Counsel that might reveal Protected Material,
23 other than during a court hearing or at trial.
24 Any use of Protected Material during a court hearing or at trial shall be
25 governed by the orders of the presiding judge. This Order does not govern the use
26 of Protected Material during a court hearing or at trial.
27 4. DURATION
28 Even after final disposition of this litigation, the confidentiality obligations
2 otherwise in writing or a court order otherwise directs. Final disposition shall be
3 deemed to be the later of (1) dismissal of all claims and defenses in this Action,
4 with or without prejudice; and (2) final judgment herein after the completion and
5 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
6 including the time limits for filing any motions or applications for extension of
7 time pursuant to applicable law.
8 5. DESIGNATING PROTECTED MATERIAL
9 5.1 Exercise of Restraint and Care in Designating Material for
10 Protection. Each Party or Non-Party that designates information or items for
11 protection under this Order must take care to limit any such designation to
12 specific material that qualifies under the appropriate standards. The
13 Designating Party must designate for protection only those parts of material,
14 documents, items, or oral or written communications that qualify so that other
15 portions of the material, documents, items, or communications for which
16 protection is not warranted are not swept unjustifiably within the ambit of this
17 Order.
18 Mass, indiscriminate, or routinized designations are prohibited.
19 Designations that are shown to be clearly unjustified or that have been made for
20 an improper purpose (e.g., to unnecessarily encumber the case development
21 process or to impose unnecessary expenses and burdens on other parties) may
22 expose the Designating Party to sanctions.
23 If it comes to a Designating Party’s attention that information or items that
24 it designated for protection do not qualify for protection, that Designating Party
25 must promptly notify all other Parties that it is withdrawing the inapplicable
26 designation.
27 5.2 Manner and Timing of Designations. Except as otherwise provided
28 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
2 protection under this Order must be clearly so designated before the material is
3 disclosed or produced.
4 Designation in conformity with this Order requires:
5 (a) For information in documentary form (e.g., paper or electronic
6 documents, but excluding transcripts of depositions or other pretrial or trial
7 proceedings), that the Producing Party affix at a minimum, the legend
8 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
9 contains protected material. If only a portion or portions of the material on a page
10 qualifies for protection, the Producing Party also must clearly identify the
11 protected portion(s) (e.g., by making appropriate markings in the margins).
12 A Party or Non-Party that makes original documents available for
13 inspection need not designate them for protection until after the inspecting Party
14 has indicated which documents it would like copied and produced. During the
15 inspection and before the designation, all of the material made available for
16 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
17 identified the documents it wants copied and produced, the Producing Party must
18 determine which documents, or portions thereof, qualify for protection under this
19 Order. Then, before producing the specified documents, the Producing Party
20 must affix the “CONFIDENTIAL legend” to each page that contains Protected
21 Material. If only a portion or portions of the material on a page qualifies for
22 protection, the Producing Party also must clearly identify the protected portion(s)
23 (e.g., by making appropriate markings in the margins).
24 (b) for testimony given in depositions that the Designating Party
25 identify the Disclosure or Discovery Material on the record, before the close of
26 the deposition all protected testimony.
27 (c) for information produced in some form other than
28 documentary and for any other tangible items, that the Producing Party affix in
2 information is stored the legend “CONFIDENTIAL.” If only a portion or portions
3 of the information warrants protection, the Producing Party, to the extent
4 practicable, shall identify the protected portion(s).
5 5.3 Inadvertent Failures to Designate. If timely corrected, an
6 inadvertent failure to designate qualified information or items does not, standing
7 alone, waive the Designating Party’s right to secure protection under this Order
8 for such material. Upon timely correction of a designation, the Receiving Party
9 must make reasonable efforts to assure that the material is treated in accordance
10 with the provisions of this Order.
11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
12 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
13 designation of confidentiality at any time that is consistent with the Court’s
14 Scheduling Order.
15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
16 resolution process under Local Rule 37.1 et seq.
17 6.3 The burden of persuasion in any such challenge proceeding shall be on
18 the Designating Party. Frivolous challenges, and those made for an improper
19 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
20 parties) may expose the Challenging Party to sanctions. Unless the Designating
21 Party has waived or withdrawn the confidentiality designation, all parties shall
22 continue to afford the material in question the level of protection to which it is
23 entitled under the Producing Party’s designation until the Court rules on the
24 challenge.
25 7. ACCESS TO AND USE OF PROTECTED MATERIAL
26 7.1 Basic Principles. A Receiving Party may use Protected Material that
27 is disclosed or produced by another Party or by a Non-Party in connection with
28 this Action only for prosecuting, defending, or attempting to settle this Action.
2 under the conditions described in this Order. When the Action has been
3 terminated, a Receiving Party must comply with the provisions of section 13
4 below (FINAL DISPOSITION).
5 Protected Material must be stored and maintained by a Receiving Party at
6 a location and in a secure manner that ensures that access is limited to the
7 persons authorized under this Order.
8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
9 otherwise ordered by the court or permitted in writing by the Designating Party,
10 a Receiving Party may disclose any information or item designated
11 “CONFIDENTIAL” only to:
12 (a) The Receiving Party’s Outside Counsel of Record in this Action,
13 as well as employees of said Outside Counsel of Record to whom it is reasonably
14 necessary to disclose the information for this Action;
15 (b) the officers, directors, and employees (including House
16 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
17 this Action;
18 (c) Experts (as defined in this Order) of the Receiving Party to
19 whom disclosure is reasonably necessary for this Action and who have signed the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (d) the court and its personnel;
22 (e) court reporters and their staff;
23 (f) professional jury or trial consultants, mock jurors, and
24 Professional Vendors to whom disclosure is reasonably necessary for this Action
25 and who have signed the “Acknowledgment and Agreement to Be Bound”
26 (Exhibit A);
27 (g) the author or recipient of a document containing the
28 information or a custodian or other person who otherwise possessed or knew the
2 (h) during their depositions, witnesses ,and attorneys for
3 witnesses, in the Action to whom disclosure is reasonably necessary provided: (1)
4 The deposing party requests that the witness sign the form attached as Exhibit
5 1 hereto; and (2) they will not be permitted to keep any confidential information
6 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
7 unless otherwise agreed by the Designating Party or ordered by the court. Pages
8 of transcribed deposition testimony or exhibits to depositions that reveal
9 Protected Material may be separately bound by the court reporter and may not
10 be disclosed to anyone except as permitted under this Stipulated Protective
11 Order; and
12 (i) any mediator or settlement officer, and their supporting
13 personnel, mutually agreed upon by any of the parties engaged in settlement
14 discussions.
15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
16 PRODUCED IN OTHER LITIGATION
17 If a Party is served with a subpoena or a court order issued in other
18 litigation that compels disclosure of any information or items designated in this
19 Action as “CONFIDENTIAL,” that Party must:
20 (a) Promptly notify in writing the Designating Party. Such
21 notification shall include a copy of the subpoena or court order;
22 (b) promptly notify in writing the party who caused the subpoena
23 or order to issue in the other litigation that some or all of the material covered
24 by the subpoena or order is subject to this Protective Order. Such notification
25 shall include a copy of this Stipulated Protective Order; and
26 (c) cooperate with respect to all reasonable procedures sought to
27 be pursued by the Designating Party whose Protected Material may be affected.
28 If the Designating Party timely seeks a protective order, the Party served
2 in this action as “CONFIDENTIAL” before a determination by the court from
3 which the subpoena or order issued, unless the Party has obtained the
4 Designating Party’s permission. The Designating Party shall bear the burden
5 and expense of seeking protection in that court of its confidential material and
6 nothing in these provisions should be construed as authorizing or encouraging a
7 Receiving Party in this Action to disobey a lawful directive from another court.
8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
9 PRODUCED IN THIS LITIGATION
10 (a) The terms of this Order are applicable to information produced
11 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
12 information produced by Non-Parties in connection with this litigation is
13 protected by the remedies and relief provided by this Order. Nothing in these
14 provisions should be construed as prohibiting a Non-Party from seeking
15 additional protections.
16 (b) In the event that a Party is required, by a valid discovery
17 request, to produce a Non-Party’s confidential information in its possession, and
18 the Party is subject to an agreement with the Non-Party not to produce the Non-
19 Party’s confidential information, then the Party shall:
20 (1) Promptly notify in writing the Requesting Party and the Non-
21 Party that some or all of the information requested is subject to a confidentiality
22 agreement with a Non-Party;
23 (2) promptly provide the Non-Party with a copy of the Stipulated
24 Protective Order in this Action, the relevant discovery request(s), and a
25 reasonably specific description of the information requested; and
26 (3) make the information requested available for inspection by the
27 Non-Party, if requested.
28 (c) If the Non-Party fails to seek a protective order from this court
2 Receiving Party may produce the Non-Party’s confidential information
3 responsive to the discovery request. If the Non-Party timely seeks a protective
4 order, the Receiving Party shall not produce any information in its possession or
5 control that is subject to the confidentiality agreement with the Non-Party before
6 a determination by the court. Absent a court order to the contrary, the Non-Party
7 shall bear the burden and expense of seeking protection in this court of its
8 Protected Material.
9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
10 If a Receiving Party learns that, by inadvertence or otherwise, it has
11 disclosed Protected Material to any person or in any circumstance not authorized
12 under this Stipulated Protective Order, the Receiving Party must immediately
13 (a) notify in writing the Designating Party of the unauthorized disclosures, (b)
14 use its best efforts to retrieve all unauthorized copies of the Protected Material,
15 (c) inform the person or persons to whom unauthorized disclosures were made of
16 all the terms of this Order, and (d) request such person or persons to execute the
17 “Acknowledgment and Agreement to Be Bound” that is attached hereto as
18 Exhibit A.
19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
20 PROTECTED MATERIAL
21 When a Producing Party gives notice to Receiving Parties that certain
22 inadvertently produced material is subject to a claim of privilege or other
23 protection, the obligations of the Receiving Parties are those set forth in Federal
24 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
25 whatever procedure may be established in an e-discovery order that provides for
26 production without prior privilege review. Pursuant to Federal Rule of Evidence
27 502(d) and (e), insofar as the parties reach an agreement on the effect of
28 disclosure of a communication or information covered by the attorney-client
2 agreement in the stipulated protective order submitted to the court.
3 12. MISCELLANEOUS
4 12.1 Right to Further Relief. Nothing in this Order abridges the right of
5 any person to seek its modification by the Court in the future.
6 12.2 Right to Assert Other Objections. By stipulating to the entry of this
7 Protective Order no Party waives any right it otherwise would have to object to
8 disclosing or producing any information or item on any ground not addressed in
9 this Stipulated Protective Order. Similarly, no Party waives any right to object
10 on any ground to use in evidence of any of the material covered by this Protective
11 Order.
12 12.3 Filing Protected Material. A Party that seeks to file under seal any
13 Protected Material must comply with Civil Local Rule 79-5. Protected Material
14 may only be filed under seal pursuant to a court order authorizing the sealing of
15 the specific Protected Material at issue. If a Party's request to file Protected
16 Material under seal is denied by the court, then the Receiving Party may file the
17 information in the public record unless otherwise instructed by the court.
18 13. FINAL DISPOSITION
19 After the final disposition of this Action, as defined in paragraph 4, within
20 60 days of a written request by the Designating Party, each Receiving Party must
21 return all Protected Material to the Producing Party or destroy such material. As
22 used in this subdivision, “all Protected Material” includes all copies, abstracts,
23 compilations, summaries, and any other format reproducing or capturing any of
24 the Protected Material. Whether the Protected Material is returned or destroyed,
25 the Receiving Party must submit a written certification to the Producing Party
26 (and, if not the same person or entity, to the Designating Party) by the 60 day
27 deadline that (1) identifies (by category, where appropriate) all the Protected
28 Material that was returned or destroyed and (2)affirms that the Receiving Party
1 | has not retained any copies, abstracts, compilations, summaries or any other
2 | format reproducing or capturing any of the Protected Material. Notwithstanding
3 | this provision, Counsel are entitled to retain an archival copy of all pleadings,
4 motion papers, trial, deposition, and hearing transcripts, legal memoranda,
5 |correspondence, deposition and trial exhibits, expert reports, attorney work
6 || product, and consultant and expert work product, even if such materials contain
7 || Protected Material. Any such archival copies that contain or constitute Protected
8 || Material remain subject to this Protective Order as set forth in Section 4
9 | (DURATION).
10 VIOLATION
11 Any violation of this Order may be punished by any and all appropriate
12 | measures including, without limitation, contempt proceedings and/or monetary
13 || sanctions.
14
15 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
16
17 || Dated:_May 5, 2026
18 HON. DOUGLAS F. MCCORMICK
UNITED STATES MAGISTRATE
19 JUDGE
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_14-
STTPULATED PROTECTIVE ORDER
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2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3 | Dated: May 5, 2026 JONES MAYER
4
5 By: _ /s/ Thurgood M. Wynn
Angela M. Powell, Esq.
6 Thurgood M. Wynn, Esq.
7 Attorney for Defendant,
CITY OF FULLERTON
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g | Dated: May 5, 2026 CARRILLO LAW FIRM, LLP
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By: _ /s/ J. Miguel Flores
Luis A. Carrillo, Esq.
12 Michael 8S. Carrillo, Esq.
J. Miguel Flores, Esq.
13 Attorneys for Plaintiff,
14 ALEXIS NARANJO, et al.
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, [print or type full name], of
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[print or type full address], declare under penalty of perjury
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that I have read in its entirety and understand the Stipulated Protective Order
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that was issued by the United States District Court for the Central District of
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California on [date] in the case of Alexis Naranjo, et al. v. City of Fullerton, et al.,
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United District Court, Central District, Case No. 8:25-cv-02370. I agree to comply
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with and to be bound by all the terms of this Stipulated Protective Order and I
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understand and acknowledge that failure to so comply could expose me to
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sanctions and punishment in the nature of contempt. I solemnly promise that I
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will not disclose in any manner any information or item that is subject to this
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[PROPOSED] STIPULATED PROTECTIVE ORDER
1 | Stipulated Protective Order to any person or entity except in strict compliance
2 | with the provisions of this Order.
3 I further agree to submit to the jurisdiction of the United States District
4 | Court for the Central District of California for the purpose of enforcing the terms
5 this Stipulated Protective Order, even if such enforcement proceedings occur
6 | after termination of this action. I hereby appoint
7 | [print or type full name] of [print or
8 ||type full address and telephone number] as my California agent for service of
9 || process in connection with this action or any proceedings related to enforcement
10 | of this Stipulated Protective Order.
11 | Date:
12 | City and State where sworn and signed:
13 || Printed name:
14 Signature:
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