S.V. v. County of Riverside

1 THE SEHAT LAW FIRM, PLC

2 Cameron Sehat, Esq. (SBN: 256535)

Cameron@sehatlaw.com

3

5100 Campus Drive, Suite 200

4 Newport Beach, CA 92612

Telephone: (949) 825-5200

5

Email: cameron@sehatlaw.com

6

Attorney for Plaintiffs, S.V., a minor, by and through her guardian ad litem

7

Elba Cervantes, Naomi Bravo and Esteban Viramontes

8

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

11 S.V., A Minor, Individually, And As ) Case No.: 5:23-cv-00860–SSS-KK

)

12 Personal Representative Of The Estate )

Of Cristian Viramontes, By And ) STIPULATED PROTECTIVE

13 Through Her Guardian Ad Litem, Elba ) ) ORDER

14 Cervantes; Naomi Bravo, Individually, ) [NOTE CHANGES BY

) COURT]

15 Esteban Viramontes, individually )

)

16 Plaintiffs, )

)

17 vs. )

)

18 )

COUNTY OF RIVERSIDE, a

)

19 Governmental Agency; RIVERSIDE )

COUNTY SHERIFF CHAD BIANCO, )

20 )

in his individual and official capacity, )

21 Deputy DUNCAN, individually; DOES )

)

22 1-3, DOES 4-6, and DOES 7-10, )

inclusive,

23

Defendants.

24

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

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

3 Court to enter the following Stipulated Protective Order. The parties

4 acknowledge that this Order does not confer blanket protections on all

5 disclosures or responses to discovery and that the protection it affords from

6 public disclosure and use extends only to the limited information or items that

7 are entitled to confidential treatment under the applicable legal principles. The

8 parties further acknowledge, as set forth in Section 12.3 (Filing Protected

9 Material), below, that this Stipulated Protective Order does not entitle them to a

10 file confidential information under seal; Civil Local Rule 79-5 sets forth the

11 procedures that must be followed and the standards that will be applied when a

12 party seeks permission from the court to file material under seal.

13

14 B. GOOD CAUSE STATEMENT

15 Defendants’ Statement of Good Cause:

16 1.1. Contentions re Harm from Disclosure of Confidential Materials.

17

Defendants contend that there is good cause and a particularized need for

18

a protective order to preserve the interests of confidentiality and privacy in

19

peace officer personnel file records and associated investigative or confidential

20

records for the following reasons.

21

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

22

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

23

therein that is underscored, specified, and arguably heightened by the Pitchess

24

protective procedure of California law. See Sanchez v. Santa Ana Police Dept.,

25

936 F.2d 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton, 2012

26

27 U.S. Dist. LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that “while

28 “[f]ederal law applies to privilege based discovery disputes involving federal

claims,” the “state privilege law which is consistent with its federal equivalent

1

significantly assists in applying [federal] privilege law to discovery disputes”);

2

Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal. 1995) (peace

3

4 officers have constitutionally-based “privacy rights [that] are not

5 inconsequential” in their police personnel records); cf. Cal. Penal Code §§

6 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that

7 uncontrolled disclosure of such personnel file information can threaten the

8 safety of non-party witnesses, officers, and their families/associates.

9 Second, Defendants contend that municipalities and law enforcement

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

11

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

12

client privilege (and/or attorney work product protection) interests in the

13

personnel files of their peace officers – particularly as to those portions of peace

14

officer personnel files that contain critical self-analysis, internal

15

deliberation/decision-making or evaluation/analysis, or communications for the

16

purposes of obtaining or rendering legal advice or analysis – potentially

17

including but not limited to evaluative/analytical portions of Internal Affairs

18

type records or reports, evaluative/analytical portions of supervisory records or

19

reports, and/or reports prepared at the direction of counsel, or for the purpose of

20

obtaining or rendering legal advice. See Sanchez, 936 F.2d at 1033-1034;

21

22 Maricopa Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-

23 1095 (9th Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San

24 Jose, 114 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D.

25 175, 176-177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS

26 89702 (D. Or. 2007); Admiral Ins. Co. v. United States Dist. Ct., 881 F.2d 1486,

27 1492, 1495 (9th Cir. 1988). Defendants further contend that such personnel file

28

records are restricted from disclosure by the public entity’s custodian of records

1

pursuant to applicable California law and that uncontrolled release is likely to

2

result in needless intrusion of officer privacy; impairment in the collection of

3

4 third-party witness information and statements and related legitimate law

5 enforcement investigations/interests; and a chilling of open and honest

6 discussion regarding and/or investigation into alleged misconduct that can erode

7 a public entity’s ability to identify and/or implement any remedial measures

8 that may be required.

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

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

11

contrary to the fundamental principles of fairness to permit uncontrolled release

12

of officers’ compelled statements. See generally Lybarger v. City of Los

13

Angeles, 40 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V.

14

Accordingly, to expedite the flow of information, to facilitate the prompt

15

resolution of disputes over confidentiality of discovery materials, to adequately

16

protect information the parties are entitled to keep confidential, to ensure that

17

the parties are permitted reasonable necessary uses of such material in

18

preparation for and in the conduct of trial, to address their handling at the end of

19

the litigation, and serve the ends of justice, a protective order for such

20

information is justified in this matter. It is the intent of the parties that

21

22 information will not be designated as confidential for tactical reasons and that

23 nothing be so designated without a good faith belief that it has been maintained

24 in a confidential, non-public manner, and there is good cause why it should not

25 be part of the public record of this case.

26

27

28

1 2. DEFINITIONS

2 2.1 Action: S.V., a minor et al. v. County of Riverside, et al, 5:23-cv-

3 0860 SSS (KK)

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

7 of 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

9

in the Good Cause Statement.

10

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

11

as 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

19 things), that are produced or generated in disclosures or responses to discovery

20 in this matter.

21 2.7 Expert: a person with specialized knowledge or experience in a

22 matter pertinent to the litigation who has been retained by a Party or its counsel

23 to serve as an expert witness or as a consultant in this Action.

24 2.8 House Counsel: attorneys who are employees of a party to this

25 Action. House Counsel does not include Outside Counsel of Record or any

26 other outside counsel.

27

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

28

1 association, or other legal entity not named as a Party to this action.

2 2.10 Outside Counsel of Record: attorneys who are not employees of a

3 party to this Action but are retained to represent or advise a party to this Action

4 and have appeared in this Action on behalf of that party or are affiliated with a

5 law firm which has appeared on behalf of that party, including support staff.

6 2.11 Party: any party to this Action, including all of its officers,

7 directors, employees, consultants, retained experts, and Outside Counsel of

8

Record (and their support staffs).

9

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

10

Discovery Material in this Action.

11

2.13 Professional Vendors: persons or entities that provide litigation

12

support services (e.g., photocopying, videotaping, translating, preparing

13

exhibits or demonstrations, and organizing, storing, or retrieving data in any

14

form or medium) and their employees and subcontractors.

15

2.14 Protected Material: any Disclosure or Discovery Material that is

16

designated as “CONFIDENTIAL" The Parties reserve all rights to challenge

17

these and any other designations pursuant to the procedures set forth below in

18

19 section 6 et seq.

20 2.15 Receiving Party: a Party that receives Disclosure or Discovery

21 Material from a Producing Party.

22 3. SCOPE

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

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

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

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

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

28

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

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

3 4. DURATION

4 The terms of this protective order do not extend to the presentation of

5

evidence at trial. Any protection sought for documents that are presented at trial

6

shall be governed by order of the Judge presiding over the trial. Should any

7

Protected Material become part of the public record at trial or otherwise (such

8

as a where the Court denies the request to file under seal), this Protective Order

9

shall no longer apply to the portions which became part of the public record at

10

trial with the exception that any such material must still be returned in

11

compliance with Section 13: Final Disposition.

12

Should any portion of the Protected Material remain confidential until trial,

13

during any portion of the trial of this action which could entail the discussion or

14

15 disclosure of Confidential Information, that Designating Party may request the

16 opportunity to show compelling reasons to the Court as to why access to the

17 courtroom should be limited to parties, their counsel and other designated

18 representative, experts or consultants who agreed to be bound by this

19 stipulation/protective order, and court personnel. See Kamakana v. City and

20 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

21 “good cause” showing for sealing documents produced in discovery from

22

“compelling reasons” standard when merits-related documents are part of court

23

record).

24

For all portions of the Protected Material after final disposition of the

25

Trial, the confidentiality obligations by this Order shall remain in full effect.

26

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

27

and defenses in this Action, with or without prejudice; (2) In any event wherein

28

all remaining claims in this matter are remanded to State Court or severed from

1

the Federal matter and returned to State Court; and/or (3) final judgment herein

2

after the completion and exhaustion of all appeals, re-hearings, remands, trials,

3

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

5 applications for extension of time pursuant to applicable law.

6

5. DESIGNATING PROTECTED MATERIAL

7

5.1 Exercise of Restraint and Care in Designating Material for

8

9 Protection.

10 Each Party or Non-Party that designates information or items for protection

11 under this Order must take care to limit any such designation to specific

12 material that qualifies under the appropriate standards. The Designating Party

13 must designate for protection only those parts of material, documents, items, or

14 oral or written communications that qualify so that other portions of the

15 material, documents, items, or communications for which protection is not

16 warranted are not swept unjustifiably within the ambit of this Order.

17 Mass, indiscriminate, or routinized designations are prohibited.

18 Designations that are shown to be clearly unjustified or that have been made for

19 an improper purpose (e.g., to unnecessarily encumber the case development

20 process or to impose unnecessary expenses and burdens on other parties) may

21 expose the Designating Party to sanctions.

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

23 it designated for protection do not qualify for protection, that Designating Party

24 must promptly notify all other Parties that it is withdrawing the inapplicable

25 designation.

26 5.2 Manner and Timing of Designations. Except as otherwise

27 provided in this Order (see, e.g., second paragraph of Section 5.2(a) below), or

28

1 as otherwise stipulated or ordered, Disclosure or Discovery Material that

2 qualifies for protection under this Order must be clearly so designated before

3 the material is 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

10 page 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 inspection

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

14 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

18 must determine which documents, or portions thereof, qualify for protection

19 under this Order. Then, before producing the specified documents, the

20 Producing Party must affix the “CONFIDENTIAL legend” to each page that

21 contains Protected Material. If only a portion or portions of the material on a

22 page qualifies for protection, the Producing Party also must clearly identify the

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

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

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

26 deposition all protected testimony.

27

28

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

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

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

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

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

6 the protected portion(s).

7 5.3 Inadvertent Failures to Designate. If timely corrected, an

8 inadvertent failure to designate qualified information or items does not,

9 standing alone, waive the Designating Party’s right to secure protection under

10 this Order for such material. Upon timely correction of a designation, the

11 Receiving Party must make reasonable efforts to assure that the material is

12 treated in accordance with the provisions of this Order.

13 6.CHALLENGING CONFIDENTIALITY DESIGNATIONS

14

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

15

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

16

Scheduling Order.

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

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

27 challenge.

28

1 7. ACCESS TO AND USE OF PROTECTED MATERIAL

2 7.1 Basic Principles. A Receiving Party may use Protected Material

3 that is disclosed or produced by another Party or by a Non-Party in connection

4 with this Action only for prosecuting, defending, or attempting to settle this

5 Action. Such Protected Material may be disclosed only to the categories of

6 persons and under the conditions described in this Order. When the Action has

7 been terminated, a Receiving Party must comply with the provisions of Section

8

13 below (FINAL DISPOSITION).

9

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

10

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

11

authorized under this Order.

12

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

13

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

14

Party, a Receiving Party may disclose any information or item designated

15

“CONFIDENTIAL” only to:

16

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

17

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

18

necessary to disclose the information for this Action;

19

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

20

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

21

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

22

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

23

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

24

(d) the Court and its personnel;

25

(e) court reporters and their staff;

26

27

28

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

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

3 have 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

8 party requests that the witness sign the form attached as Exhibit A hereto; and

9 (2) they will not be permitted to keep any confidential information unless they

10 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

11 otherwise agreed by the Designating Party or ordered by the Court. Pages of

12 transcribed deposition testimony or exhibits to depositions that reveal Protected

13 Material may be separately bound by the court reporter and may not be

14 disclosed to anyone except as permitted under this Stipulated Protective Order;

15 and

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

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

18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

19 PRODUCED IN 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

27

28

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

2 include a copy of this Stipulated Protective Order; and

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

4 by the Designating Party whose Protected Material may be affected.

5 If the Designating Party timely seeks a protective order, the Party served

6 with the subpoena or court order shall not produce any information designated

7 in this action as “CONFIDENTIAL” before a determination by the court from

8 which the subpoena or order issued, unless the Party has obtained the

9 Designating Party’s permission. The Designating Party shall bear the burden

10 and expense of seeking protection in that court of its confidential material, and

11 nothing in these provisions should be construed as authorizing or encouraging a

12 Receiving Party in this Action to disobey a lawful directive from another court.

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

14 PRODUCED IN THIS LITIGATION

15 (a) The terms of this Order are applicable to information produced by a Non-

16 Party in this Action and designated as “CONFIDENTIAL.” Such information

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

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

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

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

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

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

23 confidential information, then the Party shall:

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

25 some or all of the information requested is subject to a confidentiality

26 agreement with a Non-Party;

27

28

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

2 Order in this Action, the relevant discovery request(s), and a reasonably specific

3 description of the information requested; and

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

5 Party, if requested.

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

7 days of receiving the notice and accompanying information, the Receiving

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

9 discovery request. If the Non-Party timely seeks a protective order, the

10 Receiving Party shall not produce any information in its possession or control

11 that is subject to the confidentiality agreement with the Non-Party before a

12 determination by the Court. Absent a court order to the contrary, the Non-Party

13 shall bear the burden and expense of seeking protection in this Court of its

14 Protected Material.

15 10.UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

17 disclosed Protected Material to any person or in any circumstance not

18 authorized under this Stipulated Protective Order, the Receiving Party must

19 immediately (a) notify in writing the Designating Party of the unauthorized

20 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

21 Protected Material, (c) inform the person or persons to whom unauthorized

22 disclosures were made of all the terms of this Order, and (d) request such

23 person or persons to execute the “Acknowledgment and Agreement to Be

24 Bound” that is attached hereto as Exhibit A.

25

26 11.INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

27 PROTECTED MATERIAL

28

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

2 inadvertently produced material is subject to a claim of privilege or other

3 protection, the obligations of the Receiving Parties are those set forth in Federal

4 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

5 whatever procedure may be established in an e-discovery order that provides for

6 production without prior privilege review. Pursuant to Federal Rule of Evidence

7 502(d) and (e), insofar as the parties reach an agreement on the effect of

8 disclosure of a communication or information covered by the attorney-client

9 privilege or work product protection, the parties may incorporate their

10 agreement in the stipulated protective order submitted to the Court.

11 12.MISCELLANEOUS

12 12.1 Right to Relief. Nothing in this Order abridges the right of any

13 person to seek its modification by the Court in the future.

14 12.2 Right to Assert Other Objections. By stipulating to the entry of

15 this Protective Order, no Party waives any right it otherwise would have to

16 object to disclosing or producing any information or item on any ground not

17 addressed in this Stipulated Protective Order. Similarly, no Party waives any

18

right to object on any ground to use in evidence of any of the material covered

19

by this Protective Order.

20

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

21

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

22

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

23

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

24

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

25

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

26

27

13. FINAL DISPOSITION

28

1 After the final disposition of this Action, as defined in Section 4

2 (DURATION), within 60 days of a written request by the Designating Party,

3 each Receiving Party must return all Protected Material to the Producing Party

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

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

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

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

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

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

10 where appropriate) all the Protected Material that was returned or destroyed;

11 and (2)affirms that the Receiving Party has not retained any copies, abstracts,

12 compilations, summaries, or any other format reproducing or capturing any of

13 the Protected Material. Notwithstanding this provision, Counsel are entitled to

14 retain an archival copy of all pleadings, motion papers, trial, deposition, and

15 hearing transcripts, legal memoranda, correspondence, deposition and trial

16 exhibits, expert reports, attorney work product, and consultant and expert work

17 product, even if such materials contain Protected Material. Any such archival

18 copies that contain or constitute Protected Material remain subject to this

19 Protective Order as set forth in Section 4 (DURATION).

20 14.Any violation of this Order may be punished by any and all appropriate

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

22 sanctions.

23

24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

25

26

27

28

Dated: August 11, 2023 THE SEHAT LAW FIRM, PLC

2

3 By:___/s/ Cameron Sehat

Attorneys for Plaintiffs

4

5

DATED: August 11, 2023 MANNING & KASS

7 ELLROD, RAMIREZ, TRESTER LLP

8

9

10 By: /s/ Eugene P. Ramirez

Craig Smith

Eugene P. Ramirez

12 Deann R. Rivard

13 Attorneys for Defendants

14

15 ATTESTATION

16 Pursuant to L.R. 5-4.3.4(a)(2)(), I hereby attest that J Eugene P.

17 Ramirez, counsel for Defendants, concurs in the content of this filing and have

18 || authorized this filing.

19

By:__/s/ Cameron Sehat

20 Attorneys for Plaintiffs

21

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

22

23

DATED: August 14, 2023

“ one KENLY KIYA KATO

25 United States Magistrate Judge

26

27

28

17

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

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

7 Order that was issued by the United States District Court for the Central District

8 of California on [date] in the case of S.V. et al v. County of Riverside , et al,

9 5:23-cv-0860 SSS (KK). I agree to comply with and to be bound by all the

10 terms of this Stipulated Protective Order, and I understand and acknowledge

11 that failure to so comply could expose me to sanctions and punishment in the

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

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

14 person or entity 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

17 this Stipulated Protective Order, even if such enforcement proceedings occur

18 after termination of this action. I hereby appoint _______________________

19 [print or type full name] of _________________________________ [print or

20 type full address and telephone number] as my California agent for service of

21 process in connection with this action or any proceedings related to

22 enforcement of this Stipulated Protective Order.

23 Date: ______________________________________

24 City and State where sworn and signed: ________________________________

25

26 Printed name: _______________________________

27

28 Signature: __________________________________