Opinion

1 SKAPIK LAW GROUP

Mark J. Skapik (SBN 164957)

2 Geralyn L. Skapik (SBN 145055)

Blair J. Berkley (SBN 222293)

3 Matthew T. Falkenstein (SBN 333302)

Roxanne A. Markus (SBN 362400)

4 5861 Pine Avenue, Suite A-1

Chino Hills, California 91709

5 Telephone: (909) 398-4404

Facsimile: (909) 398-1883

6 mskapik@skapiklaw.com, gskapik@skapiklaw.com

bberkley@skapiklaw.com, mfalkenstein@skapiklaw.com

7 rmarkus@skapiklaw.com

8

Attorneys for Plaintiffs,

9 S.M. by and through her guardian

ad litem ADRIANNE ROCA and

10 Z.M., by and through her guardian

ad litem ADRIANNE ROCA;

11 and NICOLE TORRES, an individual,

12

13 UNITED STATES DISTRICT COURT

14 CENTRAL DISTRICT OF CALIFORNIA

15

16

S.M., a minor, by and through her Case No. 5:23-cv-02052-JGB-SPx

17 Guardian ad litem, ADRIANNE ROCA;

and Z.M., a minor, by and through her Assigned for All Purposes to:

18 Guardian ad litem, ADRIANNE ROCA; Honorable Jesus Bernal

and NICOLE TORRES, an individual,

19 STIPULATED PROTECTIVE

Plaintiffs, ORDER

20

vs.

21

COUNTY OF RIVERSIDE; SCOTT

22 JOHNSON, an individual; MATTHEW

PLEMONS, an individual; MICHAEL

23 LOUISE MARTIN, an individual; DOES

1 through 10, inclusive;

24

Defendants.

25

26 IT IS HEREBY STIPULATED by and between Plaintiffs S.M. and Z.M., minors,

27 by and through their Guardian ad litem ADRIANNE ROCA, and NICOLE TORRES

28 (collectively, “Plaintiffs”), and Defendants COUNTY OF RIVERSIDE, SCOTT

1 JOHNSON, and MATTHEW PLEMONS (collectively, “Defendants”), through their

2 respective counsel of record, that to facilitate the exchange of information and documents

3 that may be subject to confidentiality limitations under federal and state law and privacy

4 rights, the Parties stipulate as follows:

5 1. PURPOSES AND LIMITATIONS

6 Discovery in this Action may involve production of confidential or private

7 information warranting special protection from public disclosure and from use for any

8 purpose other than prosecuting or defending this Action. The Parties therefore stipulate to

9 and petition the Court to enter this Stipulated Protective Order. This Order does not

10 confer blanket protection on all disclosures or discovery responses; the protection it

11 affords extends only to the limited information or items entitled to confidential treatment

12 under applicable legal principles.

13 2. GOOD CAUSE STATEMENT

14 This Action arises out of the alleged abuse of minor Plaintiffs S.M. and Z.M. while

15 they were dependents of the Riverside County Juvenile Court under the supervision of

16 the County of Riverside’s Department of Public Social Services – Children’s Services

17 Division (“DPSS-CSD”). Discovery may involve records subject to heightened

18 confidentiality protections, including juvenile court case files and dependency records

19 (Cal. Welf. & Inst. Code § 827; Cal. R. Ct. 5.552); child abuse and neglect reports and

20 referrals (Cal. Pen. Code §§ 11167, 11167.5); DPSS-CSD case files, case plans, and

21 social worker notes; medical, psychological, therapeutic, and educational records of the

22 minor Plaintiffs and other minors; law enforcement investigative records; personnel

23 records; internal investigative files; and non-public policies and procedures.

24 A protective order is justified to expedite the flow of information, facilitate prompt

25 resolution of confidentiality disputes, protect material the Parties are entitled to keep

26 confidential, and serve the ends of justice. Limiting disclosure of these records to this

27 Action furthers important governmental and law enforcement interests, the strong

28 statutory policy of confidentiality of juvenile records, and the privacy rights of the minor

1 Plaintiffs, Plaintiff NICOLE TORRES, the individual Defendants, and third parties,

2 including other minors identified in the records. Such materials may be entitled to

3 protection under Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990); the

4 Privacy Act of 1974, 5 U.S.C. § 552a; HIPAA; Cal. Welf. & Inst. Code §§ 827 and

5 10850; Cal. Pen. Code § 11167.5; the official information privilege; and other federal or

6 state statutes, court rules, case decisions, or common law. Nothing in this Order relieves

7 any Party of any obligation to obtain juvenile court authorization under Welfare &

8 Institutions Code § 827 before disseminating juvenile case file materials, to the extent

9 required.

10 The Parties shall not directly or indirectly disclose or publicly disseminate

11 Confidential documents or information obtained in this Action, including via billboards,

12 print or online media, or any internet or social media posting. A Party seeking to use

13 Confidential material for any purpose other than litigating this Action must first obtain

14 Court approval. No Party shall designate material as Confidential without a good faith

15 belief that it has been maintained in a confidential, non-public manner and that there is

16 good cause or a compelling reason to keep it out of the public record. Plaintiffs do not

17 concede the grounds proposed by Defendants for this Order and do not waive the right to

18 challenge any designation or withholding, but stipulate to this Order to increase the flow

19 of information in this matter.

20 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

21 This Order does not entitle the Parties to file confidential information under seal;

22 Local Civil Rule 79-5 sets forth the procedures and standards governing sealing. There is

23 a strong presumption of public access to judicial proceedings and records. For non-

24 dispositive motions, good cause must be shown to support a filing under seal. See

25 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips

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

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

28 require good cause showing). A mere “CONFIDENTIAL” designation does not—without

1 competent evidence by declaration establishing that the material qualifies as confidential,

2 privileged, or otherwise protectable—constitute good cause. For sealing related to a

3 dispositive motion or trial, compelling reasons, supported by specific facts and legal

4 justification, must be shown, and the relief sought must be narrowly tailored. See Pintos

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

6 A document that is not protectable in its entirety will not be sealed if the

7 confidential portions can be redacted; in that event a redacted public version shall be

8 filed, and any application to seal a document in its entirety must explain why redaction is

9 not feasible. Independently, the Parties shall comply with Federal Rule of Civil Procedure

10 5.2 and Local Rule 5.2-1, including by referring to the minor Plaintiffs solely by their

11 initials, S.M. and Z.M., in all public filings.

12 4. DEFINITIONS

13 4.1. Action: This lawsuit, S.M., et al. v. County of Riverside, et al., Case No. 5:23-

14 cv-02052-JGB-SP (C.D. Cal.).

15 4.2. Challenging Party: A Party or Non-Party that challenges a designation under

16 this Order.

17 4.3. “CONFIDENTIAL” Information or Items: Information (however generated,

18 stored, or maintained) or tangible things that qualify for protection under Federal Rule of

19 Civil Procedure 26(c) and the Good Cause Statement above.

20 4.4. Counsel: Outside Counsel of Record and House Counsel, and their support

21 staff.

22 4.5. Designating Party: A Party or Non-Party that designates information or items

23 it produces as “CONFIDENTIAL.”

24 4.6. Disclosure or Discovery Material: All items or information, in any medium

25 (including testimony, transcripts, and tangible things), produced or generated in

26 disclosures or discovery responses.

27 4.7. Expert: A person with specialized knowledge or experience retained by a

28 Party or its counsel as an expert witness or consultant in this Action.

1 4.8. House Counsel: Attorneys who are employees of a Party; House Counsel

2 does not include Outside Counsel of Record or other outside counsel.

3 4.9. Non-Party: Any person or entity not named as a Party to this Action.

4 4.10. Outside Counsel of Record: Attorneys, not employees of a Party, who are

5 retained to represent or advise a Party and have appeared in this Action for that Party or

6 are affiliated with a law firm that has, including support staff.

7 4.11. Party: Any party to this Action, including its officers, directors, employees,

8 consultants, agents, representatives, retained Experts, and Outside Counsel of Record

9 (and their support staff).

10 4.12. Producing Party: A Party or Non-Party that produces Disclosure or

11 Discovery Material in this Action.

12 4.13. Professional Vendors: Persons or entities providing litigation support

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

14 data) and their employees and subcontractors.

15 4.14. Protected Material: Any Disclosure or Discovery Material designated

16 “CONFIDENTIAL.”

17 4.15. Receiving Party: A Party that receives Protected Material from a Producing

18 Party.

19 5. SCOPE

20 The protections of this Order cover Protected Material and (1) any information

21 copied or extracted from it; (2) all copies, excerpts, summaries, or compilations of it; and

22 (3) any testimony, conversations, or presentations by Parties or their Counsel that might

23 reveal it. Use of Protected Material at trial shall be governed by the orders of the trial

24 judge; this Order does not govern use of Protected Material at trial.

25 6. DURATION

26 Protected Material introduced as evidence at trial becomes presumptively public

27 unless compelling reasons supported by specific factual findings are shown to the trial

28 judge in advance of trial. See Kamakana, 447 F.3d at 1180-81. The terms of this Order

1 therefore do not extend beyond the commencement of trial as to Protected Material

2 introduced in evidence at trial. As to all other Protected Material, the confidentiality

3 obligations of this Order survive final disposition of this Action until the Designating

4 Party agrees otherwise in writing, the material is de-designated, or the Court orders

5 otherwise. Final disposition is the later of (1) dismissal of all claims and defenses, with or

6 without prejudice, or (2) final judgment after completion and exhaustion of all appeals,

7 rehearings, remands, trials, or reviews, including all applicable filing deadlines.

8 7. DESIGNATING PROTECTED MATERIAL

9 7.1. Exercise of Restraint and Care in Designating

10 Each Designating Party must limit designations to specific material that qualifies

11 under the appropriate standards, and must designate only those parts of documents, items,

12 or communications that qualify, so unprotected portions are not swept within this Order.

13 Mass, indiscriminate, or routinized designations are prohibited. Designations shown to be

14 clearly unjustified or made for an improper purpose (e.g., to encumber the case or impose

15 unnecessary expense) may expose the Designating Party to sanctions. A Designating

16 Party that learns designated material does not qualify for protection must promptly notify

17 all other Parties that it withdraws the designation.

18 7.2. Manner and Timing of Designations

19 Except as otherwise provided herein or as otherwise stipulated or ordered, material

20 that qualifies for protection must be clearly designated before it is disclosed or produced,

21 as follows:

22 a. For documents (paper or electronic, excluding deposition and other proceeding

23 transcripts), the Producing Party shall affix “CONFIDENTIAL” to each page containing

24 Protected Material and, if only portions of a page qualify, shall clearly identify the

25 protected portions (e.g., by margin markings). A Party or Non-Party making original

26 documents available for inspection need not designate them until after the inspecting

27 Party identifies the documents it wants copied and produced; during inspection, all

28

1 material made available is deemed “CONFIDENTIAL.” Before producing the specified

2 documents, the Producing Party shall mark them as set forth above.

3 b. For video or audio recordings, the Producing Party shall identify the recording

4 as “CONFIDENTIAL” in the title/label of its electronic version.

5 c. For deposition testimony and photographs, video, audio, exhibits, and other

6 documents used at deposition, the Designating Party shall identify the Protected Material

7 on the record before the close of the deposition, and arrangements shall be made with the

8 court reporter and videographer to separately package and appropriately label the

9 designated portions.

10 d. For information or tangible items produced in other forms, the Producing Party

11 shall affix “CONFIDENTIAL” prominently on the exterior of the container(s) and, where

12 practicable, identify any protected portions. The “CONFIDENTIAL” stamp shall not

13 obscure the information on the item.

14 7.3. Inadvertent Failures to Designate

15 If timely corrected, an inadvertent failure to designate does not, standing alone,

16 waive protection under this Order. Upon timely correction, the Receiving Party must

17 make reasonable efforts to treat the material in accordance with this Order.

18 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

19 8.1. Timing. Any Party or Non-Party may challenge a designation at any time

20 consistent with the Court’s Scheduling Order.

21 8.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution

22 process under Local Rule 37-1 et seq.

23 8.3. Joint Stipulation. Any challenge submitted to the Court shall be via joint

24 stipulation pursuant to Local Rule 37-2.

25 8.4. Burden. The burden of persuasion is on the Designating Party. Frivolous

26 challenges and those made for an improper purpose may expose the Challenging Party to

27 sanctions. Unless the designation is waived or withdrawn, all Parties shall continue to

28 afford the material the designated level of protection until the Court rules.

1 9. ACCESS TO AND USE OF PROTECTED MATERIAL

2 9.1. Basic Principles

3 A Receiving Party may use Protected Material only for prosecuting, defending, or

4 attempting to settle this Action, and may disclose it only to the categories of persons and

5 under the conditions described in this Order. Upon termination of the Action, the

6 Receiving Party must comply with Section 15 (Final Disposition). Protected Material

7 must be stored and maintained in a secure manner that limits access to persons authorized

8 under this Order.

9 9.2. Disclosure of “CONFIDENTIAL” Information or Items

10 Unless otherwise ordered by the Court or permitted in writing by the Designating

11 Party, a Receiving Party may disclose “CONFIDENTIAL” material only to:

12 a. The Receiving Party’s Outside Counsel of Record and their employees to

13 whom disclosure is reasonably necessary for this Action;

14 b. The officers, directors, board members, council members, insurers (including

15 third-party administrators), employees, agents, and representatives (including House

16 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

17 Action;

18 c. Experts of the Receiving Party to whom disclosure is reasonably necessary and

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

20 d. The Court and its personnel;

21 e. Court reporters and their staff;

22 f. Professional jury or trial consultants, mock jurors, and Professional Vendors to

23 whom disclosure is reasonably necessary and who have signed Exhibit A;

24 g. The author or recipient of a document containing the information, or a

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

26 h. During their depositions, witnesses and their attorneys to whom disclosure is

27 reasonably necessary, provided that (i) if the witness is a Non-Party, the deposing party

28 requests that the witness and counsel sign Exhibit A, and (ii) witnesses may not keep

1 Confidential material unless they sign Exhibit A, absent agreement of the Designating

2 Party or Court order. Deposition transcript pages, footage, and exhibits revealing

3 Protected Material must be separately packaged by the court reporter and/or videographer

4 and may not be disclosed except as permitted by this Order; and

5 i. Any mediator or settlement officer, and supporting personnel, mutually agreed

6 upon by Parties engaged in settlement discussions.

7 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

8 OTHER LITIGATION

9 A Receiving Party served with a subpoena or court order in other litigation

10 compelling disclosure of material designated “CONFIDENTIAL” in this Action must: (a)

11 promptly notify the Designating Party in writing, enclosing the subpoena or order unless

12 prohibited by law; (b) promptly notify in writing the person who caused the subpoena or

13 order to issue that some or all of the covered material is subject to this Order, enclosing a

14 copy of this Order; and (c) cooperate with all reasonable procedures pursued by the

15 Designating Party. If the Designating Party timely seeks a protective order, the Receiving

16 Party shall not produce the designated information before a determination by the court

17 from which the subpoena or order issued, absent the Designating Party’s permission. The

18 Designating Party bears the burden and expense of seeking protection in that court, and

19 nothing herein authorizes a Receiving Party to disobey a lawful directive from another

20 court.

21 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

22 PRODUCED IN THIS LITIGATION

23 a. This Order applies to information produced by a Non-Party in this Action and

24 designated “CONFIDENTIAL,” which is protected by the remedies and relief provided

25 herein. Nothing herein prohibits a Non-Party from seeking additional protections.

26 b. If a Party is required by a valid discovery request to produce a Non-Party’s

27 confidential information in its possession that is subject to a confidentiality agreement

28 with the Non-Party, the Party shall: (1) promptly notify the requesting Party and the Non-

1 Party in writing that some or all of the requested information is subject to such an

2 agreement; (2) promptly provide the Non-Party with a copy of this Order, the relevant

3 discovery request(s), and a reasonably specific description of the information requested;

4 and (3) make the requested information available for inspection by the Non-Party, if

5 requested.

6 c. If the Non-Party fails to seek a protective order from this Court within 14 days

7 of receiving such notice, the Receiving Party may produce the responsive information. If

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

9 information before a determination by the Court. Absent a contrary Court order, the Non-

10 Party bears the burden and expense of seeking protection in this Court.

11 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

13 Protected Material to any person or in any circumstance not authorized under this Order,

14 it must immediately (1) notify the Designating Party in writing, (2) use its best efforts to

15 retrieve all unauthorized copies, (3) inform the recipient(s) of the terms of this Order, and

16 (4) request that the recipient(s) execute the “Acknowledgment and Agreement to Be

17 Bound” (Exhibit A).

18 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

19 PROTECTED MATERIAL

20 When a Producing Party gives notice that inadvertently produced material is

21 subject to a claim of privilege or other protection, the Receiving Party’s obligations are

22 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision does not

23 modify any procedure established in an e-discovery order providing for production

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

25 insofar as the Parties reach an agreement on the effect of disclosure of privileged or

26 work-product-protected material, they may incorporate that agreement in a stipulation

27 and order submitted to the Court.

28 ///

1 14. MISCELLANEOUS

2 14.1. Right to Further Relief. Nothing in this Order abridges the right of any

3 person to seek its modification by the Court.

4 14.2. Right to Assert Other Objections. No Party waives any right to object to

5 disclosing or producing any information on any ground not addressed in this Order, or to

6 object on any ground to the use in evidence of any material covered by this Order.

7 14.3. Filing Protected Material. A Party seeking to file Protected Material under

8 seal must comply with Local Civil Rule 79-5 and any pertinent orders of District Judge

9 Jesus G. Bernal and/or Magistrate Judge Sheri Pym. Protected Material may be filed

10 under seal only pursuant to a court order authorizing sealing of the specific material at

11 issue. If a request to seal is denied, the Receiving Party may file the information in the

12 public record unless the Court instructs otherwise.

13 15. FINAL DISPOSITION

14 Within sixty (60) days of a written request by the Designating Party after final

15 disposition of this Action (as defined in Section 6), each Receiving Party must return all

16 Protected Material to the Producing Party or destroy it, including all copies, abstracts,

17 compilations, summaries, and any other format reproducing or capturing the Protected

18 Material, and must submit a written certification by the 60-day deadline that (1) identifies

19 (by category, where appropriate) all Protected Material returned or destroyed and (2)

20 affirms that no copies in any form have been retained. Notwithstanding the foregoing,

21 Counsel may retain an archival copy of all pleadings, motion papers, transcripts, legal

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

23 consultant, and expert work product, even if such materials contain Protected Material;

24 any such archival copies remain subject to this Order as set forth in Section 6.

25 16. VIOLATION

26 Any violation of this Order may be punished by any and all appropriate measures,

27 including, without limitation, contempt proceedings and/or monetary sanctions.

28 ///

1 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2

3 SKAPIK LAW GROUP

4 || Dated: July 21, 2026, By:/s/Eric C. Morris

Mark J. Skapik

5 Geralyn L. Skapik

Eric Cc Morris

6 Roxanne A. Markus

Attorneys for Plaintiffs

7

8 MANNING & KASS

9

Dated: July 21, 2026, By:/s/Martin A. Mettias

10 Eugene P. Ramirez

Joseph J. Maccarone

11 Martin A. Mettias

Attorneys for COUNTY OF RIVERSIDE

12 and MATTHEW PLEMONS

13

KJAR, McKENNA & STOCKALPER,

14 LLP

15

Dated: July 21, 2026, By: /s/ Chaena Dade

16 Patrick E. Stockalper

Chaena Dade

17 Attorneys for SCOTT JOHNSON

18 Pursuant to local 5-4.3.4, I, Eric C. Morris, attests that Martin A. Mettias and

19 || Chaena Dade concur with the contents of this Stipulation and Order and have authorized

20 || the filing of the same.

21 SKAPIK LAW GROUP

22 || Dated: July 21, 2026, By:/s/Eric C. Morris

Mark J. Skapik

23 Geralyn L. Skapik

Eric C. Morris

24 Roxanne A. Markus

Attorneys for Plaintiffs

25

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

PP

Dated: August 6, 2026

28 HON. JUDGE SHERI PYM

-~19-

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, ______________________________[print or type full name], of _________

4 _____________________________________________ [print or type full address],

5 declare under penalty of perjury that I have read in its entirety and understand the

6 Stipulated Protective Order that was issued by the United States District Court for the

7 Central District of California on ___________ [DATE] in the case of S.M., et al. v.

8 County of Riverside, et al., Case No. 5:23-cv-02052-JGB-SP. I agree to comply with and

9 to be bound by all the terms of this Stipulated Protective Order, and I understand and

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

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

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

13 entity 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 for

15 the Central District of California for the purpose of enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of this

17 action. I hereby appoint ______________[print or type full name] of ______________

18 __________________ [print or type full address and telephone number] as my California

19 agent for service of process in connection with this action or any proceedings related to

20 enforcement of this Stipulated

21 Protective Order.

22

23 Date: __________________________

24 City and State where sworn and signed: ___________________

25 Printed Name: ___________________

26 Signature: ______________________

27

28