# Leeyonnie Hernandez v. County of Riverside

> District Court, C.D. California · February 22, 2023

URL: https://www.frixlaw.com/law-library/cases/9982509

## Case

- **Court:** District Court, C.D. California
- **Decided:** February 22, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case 5:21-cv-01791-JGB-SP Document 51 Filed 02/22/23 Page 1 of 19 Page ID #:458

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION
10
11 LEEYONNIE HERNANDEZ, an Case No. 5:21-cv-01791-JGB (SPx)
individual, for herself and, as guardian (Consolidating 5:21-cv-01795-JGB
12 ad litem for minors PZ, KH, and AH, (SPx)

13 Plaintiffs,
PROTECTIVE ORDER RE
14 vs. CONFIDENTIAL DOCUMENTS

15 COUNTY OF RIVERSIDE, et al.

16 Defendants.

17 ROBIN ZUMWALT, individually and
as the personal representative of
18 CHRISTOPHER ZUMWALT, Trial Date: None Set
deceased; and ANTHONY
19 ZUMWALT, individually,,

20 Plaintiffs,

21 vs.

22 COUNTY OF RIVERSIDE, et al.,

23 Defendants.

24
25 PURSUANT TO THE STIPULATION OF THE PARTIES (“Stipulation for
26 Entry of Protective Order re Confidential Documents”), and pursuant to the Court’s
27 inherent and statutory authority, including but not limited to the Court’s authority
LEWIS  28 under the applicable Federal Rules of Civil Procedure and the United States District
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1 Court, Central District of California Local Rules; after due consideration of all of the
2 relevant pleadings, papers, and records in this action; and upon such other evidence
3 or argument as was presented to the Court; Good Cause appearing therefor, and in
4 furtherance of the interests of justice,
5 IT IS HEREBY ORDERED that:
6 1. A. PURPOSES AND LIMITATIONS
7 Discovery in this action is likely to involve production of confidential,
8 proprietary, or private information for which special protection from public disclosure
9 and from use for any purpose other than prosecuting this litigation would be
10 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
11 the following Stipulated Protective Order. The parties acknowledge that this Order
12 does not confer blanket protections on all disclosures or responses to discovery and
13 that the protection it affords from public disclosure and use extends only to the limited
14 information or items that are entitled to a confidential treatment under the applicable
15 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
16 that this Stipulated Protective Order does not entitle them to file confidential
17 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
18 followed and the standards that will be applied when a party seeks permission from
19 the court to file material under seal.
20 B. GOOD CAUSE STATEMENT
21 Defendants contend that there is good cause and a particularized need for a
22 protective order to preserve the interests of confidentiality and privacy in peace officer
23 personnel file records and associated investigative or confidential records for the
24 following reasons.
25 First, Defendants contend that peace officers have a federal privilege of privacy
26 in their personnel file records: a reasonable expectation of privacy therein that is
27 underscored, specified, and arguably heightened by the Pitchess protective procedure
LEWIS  28 of California law. See Sanchez v. Santa Ana Police Dept., 936 F.2d 1027, 1033-1034
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1 (9th Cir. 1990); Hallon v. City of Stockton, 2012 U.S. Dist. LEXIS 14665, *2-3, 12-
2 13 (E.D. Cal. 2012) (concluding that “while “[f]ederal law applies to privilege based
3 discovery disputes involving federal claims,” the “state privilege law which is
4 consistent with its federal equivalent significantly assists in applying [federal]
5 privilege law to discovery disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613
6 n. 4, 616 (N.D. Cal. 1995) (peace officers have constitutionally-based “privacy rights
7 [that] are not inconsequential” in their police personnel records); cf. Cal. Penal Code
8 §§ 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that
9 uncontrolled disclosure of such personnel file information can threaten the safety of
10 non-party witnesses, officers, and their families/associates.
11 Second, Defendants contend that municipalities and law enforcement agencies
12 have federal deliberative-executive process privilege, federal official information
13 privilege, federal law enforcement privilege, and federal attorney-client privilege
14 (and/or attorney work product protection) interests in the personnel files of their peace
15 officers – particularly as to those portions of peace officer personnel files that contain
16 critical self-analysis, internal deliberation/decision-making or evaluation/analysis, or
17 communications for the purposes of obtaining or rendering legal advice or analysis –
18 potentially including but not limited to evaluative/analytical portions of Internal
19 Affairs type records or reports, evaluative/analytical portions of supervisory records
20 or reports, and/or reports prepared at the direction of counsel, or for the purpose of
21 obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa
22 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th Cir.
23 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114 F.R.D. 654,
24 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-177 (D. D.C. 1998);
25 Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D. Or. 2007); Admiral Ins. Co.
26 v. United States Dist. Ct., 881 F.2d 1486, 1492, 1495 (9th Cir. 1988). Defendants
27 further contend that such personnel file records are restricted from disclosure by the
LEWIS  28 public entity’s custodian of records pursuant to applicable California law and that
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1 uncontrolled release is likely to result in needless intrusion of officer privacy;
2 impairment in the collection of third-party witness information and statements
3 and related legitimate law enforcement investigations/interests; and a chilling of
4 open and honest discussion regarding and/or investigation into alleged
5 misconduct that can erode a public entity’s ability to identify and/or implement
6 any remedial measures that may be required.
7 Third, Defendants contend that, since peace officers do not have the same rights
8 as other private citizens to avoid giving compelled statements, it is contrary to the
9 fundamental principles of fairness to permit uncontrolled release of officers’
10 compelled statements. See generally Lybarger v. City of Los Angeles, 40 Cal.3d 822,
11 828-830 (1985); cf. U.S. Const., amend V.
12 Accordingly, Defendants contend that, without a protective order preventing
13 such, production of confidential records in the case can and will likely substantially
14 impair and harm defendant public entity’s interests in candid self-critical analysis,
15 frank internal deliberations, obtaining candid information from witnesses, preserving
16 the safety of witnesses, preserving the safety of peace officers and peace officers’
17 families and associates, protecting the privacy officers of peace officers, and
18 preventing pending investigations from being detrimentally undermined by
19 publication of private, sensitive, or confidential information – as can and often does
20 result in litigation.
21 Plaintiffs do not agree with and do not stipulate to Defendants’ contentions
22 stated above. Plaintiffs agree, however, that there is good cause for a Protective Order
23 so as to preserve the respective interests of the parties. Plaintiffs recognize that,
24 absent this Stipulated Protective Order, the parties' respective privilege interests may
25 be impaired or harmed, and that this Stipulated Protective Order may mitigate such
26 harm by permitting the parties to facilitate discovery with reduced risk that
27 confidential information will become matters of public record.
LEWIS  28 The parties jointly contend that there is typically a particularized need for
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1 protection as to any medical or psychotherapeutic records and autopsy photographs,
2 because of the privacy interests at stake therein. Plaintiffs AH, KH and PZ are
3 minors, and there may be a need to protect certain records pertaining to them.
4 Because of these sensitive interests, a Court Order should address these documents
5 rather than a private agreement between the parties.
6 2. DEFINITIONS
7 2.1 Action: this pending federal law suit.
8 2.2 Challenging Party: a Party or Non-Party that challenges the designation
9 of information or items under this Order.
10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
11 the medium or how generated, stored, or maintained) or tangible things that qualify
12 for protection under Federal Rule of Civil Procedure 26(c), as specified above in the
13 Good Cause Statement, and other applicable federal privileges.
14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
15 support staff).
16 2.5 Designating Party: a Party or Non-Party that designates information or
17 items that it produces in disclosures or in responses to discovery as
18 “CONFIDENTIAL.”
19 2.6 Disclosure or Discovery Material: all items or information, regardless
20 of the medium or manner generated, stored, or maintained (including, among other
21 things, testimony, transcripts, or tangible things), that are produced or generated in
22 disclosures or responses to discovery in this matter.
23 2.7 Expert: a person with specialized knowledge or experience in a matter
24 pertinent to the litigation who has been retained by a Party or its counsel to serve as
25 an expert witness or as a consultant in this Action.
26 2.8 House Counsel: attorneys who are employees of a Party to this Action.
27 House Counsel does not include Outside Counsel of Record or any other outside
LEWIS  28 counsel.
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1 2.9 Non-Party: any natural person, partnership, corporation, association, or
2 other legal entity not named as a Party to this action.
3 2.10 Outside Counsel of Record: attorneys who are not employees of a party
4 to this Action but are retained to represent or advise a party to this Action and have
5 appeared in this Action on behalf of that party or are affiliated with a law firm which
6 has appeared on behalf of that party, and includes support staff.
7 2.11 Party: any part to this Action, including all of its officers, directors,
8 employees, consultants, retained experts, and Outside Counsel of Record (and their
9 support staffs).
10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
11 Discovery Material in this Action.
12 2.13 Professional Vendors: persons or entities that provide litigation support
13 services (e.g., photocopying; videotaping; translating; preparing exhibits or
14 demonstrations; and organizing, storing, or retrieving data in any form or medium)
15 and their employees and subcontractors.
16 2.14 Protected Material: any Disclosure or Discovery Material that is
17 designated as “CONFIDENTIAL.”
18 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
19 from a Producing Party.
20 3. SCOPE
21 The protections conferred by this Stipulation and Order cover not only
22 Protected Material (as defined above), but also (1) any information copied or
23 extracted from Protected Material; (2) all copies, excerpts, summaries, or
24 compilations of Protected Material; and (3) any testimony, conversations, or
25 presentations by Parties or their Counsel that might reveal Protected Material.
26 Any use of Protected Material at trial shall be governed by the Orders of the
27 trial judge. This Order does not govern the use of Protected Material at trial.
LEWIS  28
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1 4. DURATION
2 Even after final disposition of this litigation, the confidentiality obligations
3 imposed by this Order shall remain in effect until a Designating Party agrees
4 otherwise in writing or a court order otherwise directs. Final disposition shall be
5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
6 or without prejudice; and (2) final judgment herein after the completion and
7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
8 including the time limits for filing any motions or applications for extension of time
9 pursuant to applicable law.
10 5. DESIGNATING PROTECTED MATERIAL
11 5.1 Exercise of Restraint and Care in Designating Material for Protection.
12 Each Party or Non-Party that designates information or items for protection under this
13 Order must take care to limit any such designation to specific material that qualifies
14 under the appropriate standards. The Designating Party must designate for protection
15 only those parts of material, documents, items, or oral or written communications that
16 qualify so that other portions of the material, documents, items, or communications
17 for which protection is not warranted are not swept unjustifiably within the ambit of
18 this Order.
19 Mass, indiscriminate, or routine designations are prohibited. Designations that
20 are shown to be clearly unjustified, or that have been made for an improper purpose
21 (e.g., to unnecessarily encumber the case development process or to impose
22 unnecessary expenses and burdens on other parties) may expose the Designating Party
23 to sanctions.
24 If it comes to a Designating Party’s attention that information or items that it
25 designated for protection do not qualify for protection, that Designating Party must
26 promptly notify all other parties that it is withdrawing the inapplicable designation.
27 5.2 Manner and Timing of Designations. Except as otherwise provided in
LEWIS  28 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
2 under this Order must be clearly so designated before the material is disclosed or
3 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 protected
11 portion(s) (e.g., by making appropriate markings in the margins).
12 A Party or Non-Party that makes original documents available for inspection
13 need not designate them for protection until after the inspecting Party has indicated
14 which documents it would like copied and produced. During the inspection and before
15 the designation, all of the material made available for inspection shall be deemed
16 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
17 copied and produced, the Producing Party must determine which documents, or
18 portions thereof, qualify for protection under this Order. Then, before producing the
19 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
20 to each page that contains Protected Material. If only a portion or portions of the
21 material on a page qualifies for protection, the Producing Party also must clearly
22 identify the protected portion(s) (e.g., by making appropriate markings in the
23 margins). Markings added to documents pursuant to this paragraph shall not obscure
24 the content or text of the documents produced.
25 (b) for testimony given in depositions that the Designating Party
26 identify the Disclosure or Discovery Material on the record, before the close of the
27 deposition all protected testimony. The court reporter must affix to each such
LEWIS  28 transcript page containing Protected Material the “CONFIDENTIAL legend”, as
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1 instructed by the Designating Party.
2 (c) for information produced in some form other than documentary
3 and for any other tangible items, that the Producing Party affix in a prominent place
4 on the exterior of the container or containers in which the information or item is stored
5 the legend “CONFIDENTIAL.” If only a portions or portions of the information or
6 item warrant protection, the Producing Party, to the extent practicable, shall identify
7 the protected portion(s).
8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
9 failure to designate qualified information or items as “CONFIDENTIAL” does not,
10 standing alone, waive the Designating Party’s right to secure protection under this
11 Stipulation and its associated Order for such material. Upon timely correction of a
12 designation, the Receiving Party must make reasonable efforts to assure that the
13 material is treated in accordance with the provisions of this Order.
14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
16 designation of confidentiality at any time that is consistent with the Court's
17 Scheduling Order.
18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
19 resolution process under Local Rule 37.1 et seq.
20 6.3 The burden of persuasion in any such challenge proceeding shall be on
21 the Designating Party. Frivolous challenges, and those made for an improper purpose
22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
23 expose the Challenging Party to sanctions. Unless the Designating Party has waived
24 or withdrawn the confidentiality designation, all parties shall continue to afford the
25 material in question the level of protection to which it is entitled under the Producing
26 Party’s designation until the Court rules on the challenge.
27 6.4 Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
LEWIS  28 Designating Party may remove Protected Material from some or all of the protections
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1 and provisions of this Stipulated Protective Order at any time by any of the following
2 methods:
3 (a) Express Written Withdrawal. A Designating Party may withdraw a
4 “CONFIDENTIAL” designation made to any specified Protected Material from some
5 or all of the protections of this Stipulated Protective Order by an express withdrawal
6 in writing signed by the Designating Party or Designating Party’s counsel (but not
7 including staff of such counsel) that specifies and itemizes the Disclosure or
8 Discovery Material previously designated as Protected Material that shall not longer
9 be subject to some or all of the provisions of this Stipulated Protective Order. Such
10 express withdrawal shall be effective when transmitted or served upon the Receiving
11 Party. If a Designating Party is withdrawing Protected Material from only some of
12 the provisions/protections of this Stipulated Protective Order, the Designating Party
13 must state which specific provisions are no longer to be enforced as to the specified
14 material for which confidentiality protection hereunder is withdrawn: otherwise, such
15 withdrawal shall be construed as a withdrawal of such material from all of the
16 protections/provisions of this Stipulated Protective Order;
17 (b) Express Withdrawal on the Record. A Designating Party may withdraw
18 a “CONFIDENTIAL” designation made to any specified Protected Material from all
19 of the provisions/protections of this Stipulated Protective Order by verbally
20 consenting in court proceedings on the record to such withdrawal – provided that such
21 withdrawal specifies the Disclosure or Discovery Material previously designated as
22 Protected Material shall no longer be subject to any of the provisions of this
23 Stipulation and Order;
24 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge. A
25 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”
26 designation made to any specified Protected Material from all of the
27 provisions/protections of this Stipulated Protective Order by either (1) making such
LEWIS  28 Protected Material part of the public record – including but not limited to attaching
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1 such as exhibits to any filing with the court without moving, prior to such filing, for
2 the court to seal such records; or (2) failing to timely oppose a Challenging Party’s
3 motion to remove a “CONFIDENTIAL” designation to specified Protected Material.
4 7. ACCESS TO AND USE OF PROTECTED MATERIAL
5 7.1 Basic Principles. A Receiving Party may use Protected Material that is
6 disclosed or produced by another Party or by a Non-Party in connection with this
7 Action only for prosecuting, defending, or attempting to settle this Action. Such
8 Protected Material may be disclosed only to the categories of persons and under the
9 conditions prescribed in this Order. When the Action has been terminated, a
10 Receiving Party must comply with the provisions of section 13 below (FINAL
11 DISPOSITION).
12 Protected Material must be stored and maintained by a Receiving Party at a
13 location and in a secure manner that ensures that access is limited to the persons
14 authorized under this Order.
15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
16 otherwise ordered by the court or permitted in writing by the Designating Party, a
17 Receiving Party may disclose any information or item designated
18 “CONFIDENTIAL” only to:
19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
20 as employees of such Counsel to whom it is reasonably necessary to disclose the
21 information for this Action;
22 (b) the officers, directors, and employees (including House Counsel) of the
23 Receiving Party to whom disclosure is reasonably necessary for this Action;
24 (c) Experts (as defined in this Order) of the Receiving Party to whom
25 disclosure is reasonably necessary for this Action and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (d) the court and its personnel;
LEWIS  28 (e) court reporters and their staff;
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1 (f) professional jury or trial consultants, mock jurors, and Professional
2 Vendors to whom disclosure is reasonably necessary for this Action and who have
3 signed the “ Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (g) the author or recipient of a document containing the information or a
5 custodian or other person who otherwise possessed or knew the information;
6 (h) during their depositions, witnesses, and attorneys for witnesses, in the
7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
9 not be permitted to keep any confidential information unless they sign the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
11 agreed by the Designating Party or ordered by the court. Pages of transcribed
12 deposition testimony or exhibits to depositions that reveal Protected Material may be
13 separately bound by the court reporter and may not be disclosed to anyone except as
14 permitted under this Stipulated Protective Order; and
15 (i) any mediator or settlement officer, and their supporting personnel,
16 mutually agreed upon by any of the parties engaged in settlement discussions.
17
18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
19 OTHER LITIGATION
20 If a Party is served with a subpoena or a court order issued in other litigation
21 that compels disclosure of any information or items designated in this Action as
22 “CONFIDENTIAL,” that Party must:
23 (a) promptly notify in writing the Designating Party. Such notification shall
24 include a copy of the subpoena or court order;
25 (b) promptly notify in writing the party who caused the subpoena or order to
26 issue in the other litigation that some or all of the material covered by the subpoena
27 or order is subject to Protective Order. Such notification shall include a copy of this
LEWIS  28 Stipulated Protective Order; and
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1 (c) cooperate with respect to all reasonable procedures sought to be pursued
2 by the Designating Party whose Protected Material may be affected.
3 If the Designating Party timely seeks a protective order, the Party served with
4 the subpoena or court order shall not produce any information designated in this action
5 as “CONFIDENTIAL” before a determination by the court from which the subpoena
6 or order issued, unless the Party has obtained the Designating Party’s permission. The
7 Designating Party shall bear the burden and expense of seeking protection in that court
8 of its confidential material and nothing in these provisions should be construed as
9 authorizing or encouraging a Receiving Party in this action to disobey a lawful
10 directive from another court.
11
12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
13 PRODUCED IN THIS LITIGATION
14 (a) The terms of this Order are applicable to information produced by a Non-
15 Party in this Action and designated as “CONFIDENTIAL.” Such information
16 produced by Non-Parties in connection with this litigation is protected by the
17 remedies and relief provided by this Order. Nothing in these provisions should be
18 construed as prohibiting a Non-Party from seeking additional protections.
19 (b) In the event that a Party is required, by a valid discovery request, to
20 produce a Non-Party’s confidential information in its possession, and the Party is
21 subject to an agreement with the Non-Party not to produce the Non-Party’s
22 confidential information, then the Party shall:
23 (1) promptly notify in writing the Requesting Party and the Non-Party
24 that some or all of the information requested is subject to a confidentiality agreement
25 with a Non-Party;
26 (2) promptly provide the Non-Party with a copy of the Stipulated
27 Protective Order in this Action, the relevant discovery request(s), and a reasonably
LEWIS  28 specific description of the information requested; and
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1 (3) make the information requested available for inspection by the
2 Non-Party, if requested.
3 (c) If the Non-Party fails to seek a protective order from this court within 14
4 days of receiving the notice and accompanying information, the Receiving Party may
5 produce the Non-Party’s confidential information responsive to the discovery request.
6 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
7 any information in its possession or control that is subject to the confidentiality
8 agreement with the Non-Party before a determination by the court. Absent a court
9 order to the contrary, the Non-Party shall bear the burden and expense of seeking
10 protection in this court of its Protected Material.
11
12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
14 Protected Material to any person or in any circumstance not authorized under this
15 Stipulation and Order, the Receiving Party must immediately: (a) notify in writing the
16 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
17 all unauthorized copies of the Protected Material, (c) inform the person or persons to
18 whom unauthorized disclosures were made of all the terms of this Order, and (d)
19 request such person or persons execute the Acknowledgement and Agreement to Be
20 Bound” that is attached hereto as Exhibit A.
21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22 PROTECTED MATERIAL
23 When a Producing Party gives notice to Receiving Parties that certain
24 inadvertently produced material is subject to a claim of privilege or other protection,
25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
27 may be established in an e-discovery order that provides for production without prior
LEWIS  28 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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1 parties reach an agreement on the effect of disclosure of a communication or
2 information covered by the attorney-client privilege or work product protection, the
3 parties may incorporate their agreement in the stipulated protective order submitted
4 to the court.
5
6 12. MISCELLANEOUS
7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
8 person to seek modification by the Court in the future.
9 12.2 Right to Assert Other Objections. By stipulating to the entry of this
10 Protective Order no Party waives any right it otherwise would have to object to
11 disclosing or producing any information or item on any ground not addressed in this
12 Stipulated Protective Order. Similarly, no Party waives any right to object on any
13 ground to use in evidence of any of the material covered by this Protective Order.
14 12.3 Filing of Protected Material. A party that seeks to file under seal any
15 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
16 only be filed under seal pursuant to a court order authorizing the sealing of the specific
17 Protected Material at issue. If a Party’s request to file Protected Material under seal
18 is denied by the court, then the Receiving Party may file the information in the public
19 record unless otherwise instructed by the court.
20 .
21 13. FINAL DISPOSITION
22 After the final disposition of this Action, as defined in paragraph 4, within 60
23 days of a written request by the Designating Party, each Receiving Party must return
24 all Protected Material to the Producing Party or destroy such material. As used in this
25 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
26 summaries, and any other format reproducing or capturing any of the Protected
27 Material. Whether the Protected Material is returned or destroyed, the Receiving
LEWIS  28 Party must submit a written certification to the Producing Party (and, if not the same
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1 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
2 (by category, where appropriate) all the Protected Material that was returned or
3 destroyed and (2) affirms that the Receiving Party has not retained any copies,
4 abstracts, compilations, summaries or any other format reproducing or capturing any
5 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
6 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
7 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
8 reports, attorney work product, and consultant and expert work product, even if such
9 materials contain Protected Material. Any such archival copies that contain or
10 constitute Protected Material remain subject to this Protective Order as set forth in
11 Section 4 (DURATION).
12 Any violation of this Order may be punished by any and all appropriate
13 measures including, without limitation, contempt proceedings and/or monetary
14 sanctions.
15
16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
17
18 DATED: May 2, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP

19

20
By: / s / Tori L.N. Bakken
21
TONY M. SAIN
22 TORI L. N. BAKKEN
23 Attorneys for Defendant, COUNTY OF
RIVERSIDE
24
25
26
27
LEWIS  28
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1 DATED: May 2, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP

2

3
By: / s / Peter M. Williamson
4
Peter M. Williamson, Esq.
5 WILLIAMSON LAW FIRM
Attorneys for Plaintiffs Robin Zumwalt,
6
individually and as the personal
7 representative of Christopher Zumwalt,
deceased; and Anthony Zumwalt
8
________________________________
9 DATED: May 2, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP

10

11
By: / s/ John Burton
12
John Burton, Esq.
13 THE LAW OFFICES OF JOHN BURTON
Attorneys for Plaintiff Leeyonnie
14 Hernandez, individually, and Donald
Collins as guardian ad litem for minors
15
PZ, KH, and AH
16
17
18
19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
20
21 Dated: February 22, 2023
22

23 _____________________________________
24 Sheri Pym
United States Magistrate Judge
25

26
27
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Case 5:21-cv-01791-JGB-SP Document 51 Filed 02/22/23 Page 18 of 19 Page ID #:475

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 [date] in the case of ___________ [insert formal name of the case and the number and
8 initials assigned to it by the court]. 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 except
13 in strict compliance with the provisions of this Order. I further agree to submit to the
14 jurisdiction of the United States District Court for the Central District of California
15 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
16 enforcement proceedings occur after termination of this action. I hereby appoint
17 __________________________ [print or type full name] of
18 _______________________________________ [print or type full address and
19 telephone number] as my California agent for service of process in connection with
20 this action or any proceedings related to enforcement of this Stipulated Protective
21 Order.
22 Date: ______________________________________
23 City and State where sworn and signed: _________________________________
24
25 Printed name: _______________________________
26
27 Signature: __________________________________
LEWIS  28
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FEDERAL COURT PROOF OF SERVICE
Hernandez et al. v. County of Riverside, et al., Case No. 5:21-cv-01791-JGB (SPx)
1 (Consolidating Zumwalt, et al. v. County of Riverside, Case No. 5:21-cv-01795-
JGB (SPx))
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
At the time of service, I was over 18 years of age and not a party to the action.
4 My business address is 633 West 5th Street, Suite 4000, Los Angeles, CA 90071. I
am employed in the office of a member of the bar of this Court at whose direction
5 the service was made.
6 On May 2, 2022, I served the following document(s): [PROPOSED]
PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS
7
I served the documents on the following persons at the following addresses
8 (including fax numbers and e-mail addresses, if applicable):
9 Peter M. Williamson, Esq. John Burton, Esq.
WILLIAMSON LAW FIRM THE LAW OFFICES OF JOHN
10 3220 Foothill Drive, Suite 5 BURTON
Westlake Village, California 91361 128 North Fair Oaks Avenue
11 Tel: (818) 403-2600 Pasadena, California 91103
Fax: (818) 446-9835 Tel: (626) 449-8300
12 Email: pmw@williamsonlawfirm.net Fax: (626) 440-5968
Email: jb@johnburtonlaw.com
13
Attorneys for Plaintiffs Robin Zumwalt, Attorneys for Plaintiff Leeyonnie
14 individually and as the personal Hernandez, individually, and Donald
representative of Christopher Zumwalt, Collins as guardian ad litem for minors
15 deceased; and Anthony Zumwalt PZ, KH, and AH
16 The documents were served by the following means:
17  (BY U.S. MAIL) I enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses listed above and I deposited the
18 sealed envelope or package with the U.S. Postal Service, with the postage
fully prepaid.
19
 (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order
20 or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the documents to be sent to the persons at the e-mail
21 addresses listed above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission
22 was unsuccessful.
23 I declare under penalty of perjury under the laws of the United States of
America and the State of California that the foregoing is true and correct.
24
Executed on May 2, 2022, at Los Angeles, California.
25

26 / s/ Curfew F. Wilson

27 Curfew F. Wilson

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9982509. Public record. Not legal advice.