Garcia v. City of Farmersville ( 2021 )

1 Randy H. McMurray, Esq. (SBN:126888) Email: rmcmurray@law-mh.com 2 Yana G. Henriks, Esq. (SBN: 250638) Email: yhenriks@law-mh.com 3 Lauren I. Freidenberg, Esq. (SBN: 312428) 4 Email: lfreidenberg@law-mh.com McMURRAY HENRIKS, LLP 5 811 Wilshire Blvd., Suite 1640 Los Angeles, California 90017 6 Telephone: (323) 931-6200 Facsimile: (323) 931-9521 7 Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 MARIA ELENA GARCIA, an individual; Case No.: 1:21-CV-00482-NONE-EPG ADRIEANA GARCIA, an individual; C.G., a 11 minor by and through his guardian ad litem ** DISCOVERY MATTER ** Maria Elena Garcia; S.G., a minor by and 12 through her guardian ad litem Maria Elena Garcia; J.G., a minor by and through her STIPULATED PROTECTIVE ORDER 13 guardian ad litem Maria Elena Garcia; and 14 GLORIA GARCIA; an individual, Plaintiffs, 15 v. 16 CITY OF FARMERSVILLE, a California 17 municipal entity; TULARE COUNTY, a California municipal entity; CITY OF 18 VISALIA, a California municipal entity; OFFICER EDUARDO CARRILLO, an 19 individual; OFFICER DIEGO CORONA, an individual; OFFICER JEREME BROGAN, an 20 individual; OFFICER PAULINO MANZANO, an individual; SERGEANT 21 RALPH VASQUEZ, JR., an individual; LIEUTENANT JAY BROCK, an individual; 22 SERGEANT CARDENAS, an individual; DEPUTY MATTHIAS HERNANDEZ, an 23 individual; DEPUTY TAYLOR HOBSON, an 24 individual; DEPUTY S. JAJYO, an individual; DEPUTY JASON KENNEDY, an 25 individual; and DOES 1-100, inclusive, Defendants. 26 On July 9, 2021, the parties filed a Stipulated Protective Order. (ECF No. 37.) 27 This is the second proposed stipulated protective order the parties filed. On June 28, 28 2021, the parties filed a first proposed protective order, which the Court denied as not 1 complying with Eastern District of California Local Rule 141.1(c). (ECF Nos. 35-36.) That rule 2 provides that every proposed protective order contain the following provisions: “(1) [a] 3 description of the types of information eligible for protection under the order, with the 4 description provided in general terms sufficient to reveal the nature of the information (e.g., 5 customer list, formula for soda, diary of a troubled child); (2) [a] showing of particularized need 6 for protection as to each category of information proposed to be covered by the order; and (3) 7 [a] showing as to why the need for protection should be addressed by a court order, as opposed 8 to a private agreement between or among the parties.” E.D. Cal. L.R. 141.1(c) (paragraph 9 breaks omitted). 10 The revised stipulation largely complies with Local Rule 141.1(c). However, when 11 describing the types of information eligible for protection, which Local Rule 141.1(c)(1) 12 requires, the revised stipulation includes the language “[s]uch confidential materials and 13 information consist of, among other things . . . information otherwise generally unavailable to 14 the public, or which may be privileged or otherwise protected from disclosure under state or 15 16 federal statutes, court rules, case decisions, or common law.” (ECF No. 37 at 3.) This catchall 17 language does not comply with Local Rule 141.1(c)(1). The Court has revised the protective 18 order to exclude this language but otherwise enters the protective order proposed by the parties. 19 IT IS HEREBY STIPULATED by and among the parties hereto, through their respective 20 counsel of record as follows: 21 I. PURPOSES AND LIMITATIONS 22 The parties acknowledge that all information is presumptively public. See Civil Local 23 Rule 131.1 (citing Fed. R. Civ. P. 26). Discovery in this action is likely to involve production 24 of confidential and/or private information for which special protection from public disclosure 25 and from use for any purpose other than prosecuting this litigation may be warranted. 26 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 27 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 28 protections on all disclosures or responses to discovery and that the protection it affords from 1 public disclosure and use extends only to the limited information or items that are entitled to 2 confidential treatment under the applicable legal principles. The parties further acknowledge, as 3 set forth in Section XIII(C), below, that this Stipulated Protective Order does not entitle them to 4 file confidential information under seal; Civil Local Rule 141 sets forth the procedures that must 5 be followed and the standards that will be applied when a party seeks permission from the court 6 to file material under seal. 7 II. GOOD CAUSE STATEMENT 8 This action is likely to involve confidential and private information for which special 9 protection from public disclosure and from use for any purpose other than prosecution of this 10 action is warranted. Such information may implicate the privacy interests of the parties and are 11 properly protected through a Fed. R. Civ. P. 26(c) protective order. See Seattle Times Co. v. 12 Rhinehart, 467 U.S. 20, 35 n.21 (1984) (“Rule 26(c) includes among its express purposes the 13 protection of a ‘party or person from annoyance, embarrassment, oppression or undue burden or 14 expense.’ Although the Rule contains no specific reference to privacy or to other rights or 15 interests that may be implicated, such matters are implicit in the broad purpose and language of 16 the Rule.”); Soto v. City of Concord, 162 F.R.D. 603, 617 (N.D. Cal. 1995) (a party’s privacy 17 18 rights are to be protected through a “carefully crafted protective order.”). 19 Such confidential materials and information consist of law enforcement investigatory 20 records, personnel records, security procedures and information regarding law 21 enforcement/correctional activities and/or facilities, medical records, and information 22 implicating privacy rights of third parties. 23 Specifically, defendants contend that records regarding investigations into the death of 24 decedent are exempt from public disclosure under state law pursuant to Penal Code § 832.7 and 25 Government Code § 6254(f) and not subject to the exceptions enacted by SB 1421 and made 26 part of Penal Code § 832.7(b)(1), because decedent’s death was not a result of a use of force by 27 any officer. Moreover, personnel records of peace officers other than the investigation into 28 decedent’s death in this case are likely to be the subject of discovery – notwithstanding any 1 other objections to disclosure/production of such records, peace officer personnel records are 2 protected by state statute under Penal Code § 832.7 and constitutional privacy protections. 3 Furthermore, because some of the facts and circumstances involved in the incident took 4 place at a jail facility, some of the information and documents that are likely to be subject to 5 discovery include the layouts and procedures of the jail, including videos depicting secure areas 6 of the jail facility, and policies/procedures regarding booking and screening of inmates, the 7 public disclosure of which implicates and would tend to undermine the ongoing secure 8 operations of the jail. Such records are also expressly exempt from public disclosure under state 9 law pursuant to Government Code § 6254(f). 10 In addition, information regarding other arrestees/inmates, particularly including 11 medical intake/screening process and information, may be relevant to the claims and defenses in 12 this case, such as Plaintiffs’ Monell pattern/practice claims. Such information implicates the 13 medical privacy rights of those third parties. 14 Accordingly, although Plaintiffs dispute the extent to which the foregoing categories of 15 documents should remain confidential during discovery, the parties hereby otherwise agree, to 16 expedite the flow of information, to facilitate the prompt resolution of disputes over 17 18 confidentiality of discovery materials, to adequately protect information the parties are entitled 19 to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such 20 material in preparation for and in the conduct of trial, to address their handling at the end of the 21 litigation, and serve the ends of justice, a protective order for such information is justified in this 22 matter. It is the intent of the parties that information will not be designated as confidential for 23 tactical reasons and that nothing be so designated without a good faith belief that it has been 24 maintained in a confidential, non-public manner, and there is good cause why it should not be 25 part of the public record of this case. 26 III. DEFINITIONS 27 A. Action: This pending federal lawsuit, Case No. 2:21-CV-00482-NONE-EPG. 28 B. Challenging Party: A Party or Non-Party that challenges the designation of 1 information or items under this Order. 2 C. “CONFIDENTIAL” Information or Items: Information (regardless of how it is 3 generated, stored or maintained) or tangible things that qualify for protection under Federal 4 Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 5 D. Counsel: Outside Counsel of Record and House Counsel (as well as their support 6 staff). 7 E. Designating Party: A Party or Non-Party that designates information or items 8 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 9 F. Disclosure or Discovery Material: All items or information, regardless of the 10 medium or manner in which it is generated, stored, or maintained (including, among other 11 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures 12 or responses to discovery in this matter. 13 G. Expert: A person with specialized knowledge or experience in a matter pertinent 14 to the litigation who has been retained by a Party or its counsel to serve as an expert witness or 15 as a consultant in this Action. 16 H. House Counsel: Attorneys who are employees of a Party to this Action. House 17 18 Counsel does not include Outside Counsel of Record or any other outside counsel. 19 I. Non-Party: Any natural person, partnership, corporation, association, or other 20 legal entity not named as a Party to this action. 21 J. Outside Counsel of Record: Attorneys who are not employees of a Party to this 22 Action but are retained to represent or advise a party to this Action and have appeared in this 23 Action on behalf of that Party or are affiliated with a law firm which has appeared on behalf of 24 that Party, and includes support staff. 25 K. Party: Any Party to this Action, including all of its officers, directors, employees, 26 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 27 L. Producing Party: A Party or Non-Party that produces Disclosure or Discovery 28 Material in this Action. 1 M. Professional Vendors: Persons or entities that provide litigation support services 2 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 3 organizing, storing, or retrieving data in any form or medium) and their employees and 4 subcontractors. 5 N. Protected Material: Any Disclosure or Discovery Material that is designated as 6 “CONFIDENTIAL.” 7 O. Receiving Party: A Party that receives Disclosure or Discovery Material from a 8 Producing Party. 9 IV. SCOPE 10 The protections conferred by this Stipulation and Order cover not only Protected 11 Material (as defined above), but also: (1) any information copied or extracted from Protected 12 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any 13 testimony, conversations, or presentations by Parties or their Counsel that might reveal 14 Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Material at trial. 16 V. DURATION 17 18 Even after final disposition of this litigation, the confidentiality obligations imposed by 19 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 20 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 21 claims and defenses in this Action, with or without prejudice; and (2) final judgment herein 22 after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 23 Action, including the time limits for filing any motions or applications for extension of time 24 pursuant to applicable law. 25 However, once a case proceeds to trial, information that was designated as 26 CONFIDENTIAL or maintained pursuant to this Order used or introduced as an exhibit at trial 27 becomes public and will be presumptively available to all members of the public, including the 28 press, unless compelling reasons supported by specific factual findings to proceed otherwise are 1 made to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 2 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 3 documents produced in discovery from “compelling reasons” standard when merits-related 4 documents are part of court record). Accordingly, the terms of this Order do not extend beyond 5 the commencement of the trial as to the Protected Material used or introduced as an exhibit at 6 trial. 7 VI. DESIGNATING PROTECTED MATERIAL 8 A. Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection under this 10 Order must take care to limit any such designation to specific material that qualifies under the 11 appropriate standards. The Designating Party must designate for protection only those parts of 12 material, documents, items, or oral or written communications that qualify so that other portions 13 of the material, documents, items, or communications for which protection is not warranted are 14 not swept unjustifiably within the ambit of this Order. 15 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 16 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 17 18 unnecessarily encumber the case development process or to impose unnecessary expenses and 19 burdens on other parties) may expose the Designating Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it designated 21 for protection do not qualify for protection, that Designating Party must promptly notify all 22 other Parties that it is withdrawing the inapplicable designation. 23 B. Manner and Timing of Designations. Except as otherwise provided in this Order 24 (see, e.g., second paragraph of Section VI(B)(1) below), or as otherwise stipulated or ordered, 25 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly 26 so designated before the material is disclosed or produced. 27 Designation in conformity with this Order requires: 28 1. For information in documentary form (e.g., paper or electronic 1 documents, but excluding transcripts of depositions or other pretrial or trial 2 proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” 3 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only 4 a portion or portions of the material on a page 5 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 6 (e.g., by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents available for inspection need not 8 designate them for protection until after the inspecting Party has indicated which documents it 9 would like copied and produced. During the inspection and before the designation, all of the 10 material made available for inspection shall be deemed “CONFIDENTIAL.” After the 11 inspecting Party has identified the documents it wants copied and produced, the Producing Party 12 must determine which documents, or portions thereof, qualify for protection under this Order. 13 Then, before producing the specified documents, the Producing Party must affix the 14 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion or 15 portions of the material on a page qualifies for protection, the Producing Party also must clearly 16 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 17 18 2. For testimony given in depositions, that the Designating Party identify the 19 Disclosure or Discovery Material on the record, before the close of the 20 deposition all protected testimony. 21 3. For information produced in some form other than documentary and for 22 any other tangible items, that the Producing Party affix in a prominent place on the exterior of 23 the container or containers in which the information is stored the legend “CONFIDENTIAL.” 24 If only a portion or portions of the information warrants protection, the Producing Party, to the 25 extent practicable, shall identify the protected portion(s). 26 C. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 27 designate qualified information or items does not, standing alone, waive the Designating Party’s 28 right to secure protection under this Order for such material. Upon timely correction of a 1 designation, the Receiving Party must make reasonable efforts to assure that the material is 2 treated in accordance with the provisions of this Order. 3 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 A. Timing of Challenges. Any Party or Non-Party may challenge a designation of 5 confidentiality at any time that is consistent with the Court’s Scheduling Order. 6 B. Meet and Confer. The Challenging Party shall initiate the dispute resolution 7 process under Local Rule 251 and the Court’s Chamber Rules thereon. 8 C. The burden of persuasion in any such challenge proceeding shall be on the 9 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 10 harass or impose unnecessary expenses and burdens on other parties) may expose the 11 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the 12 confidentiality designation, all parties shall continue to afford the material in question the level 13 of protection to which it is entitled under the Producing Party’s designation until the Court rules 14 on the challenge. 15 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 16 A. Basic Principles. A Receiving Party may use Protected Material that is disclosed 17 18 or produced by another Party or by a Non-Party in connection with this Action only for 19 prosecuting, defending, or attempting to settle this Action. Such Protected Material may be 20 disclosed only to the categories of persons and under the conditions described in this Order. 21 When the Action has been terminated, a Receiving Party must comply with the provisions of 22 Section XIV below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a location and 24 in a secure manner that ensures that access is limited to the persons authorized under this Order. 25 B. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 26 ordered by the court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: 28 1. The Receiving Party’s Outside Counsel of Record in this Action, as well 1 as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose 2 the information for this Action; 3 2. The officers, directors, and employees (including House Counsel) of the 4 Receiving Party to whom disclosure is reasonably necessary for this Action; 5 3. Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 4. The court and its personnel; 9 5. Court reporters and their staff; 10 6. Professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 7. The author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 8. During their depositions, witnesses ,and attorneys for witnesses, in the 16 Action to whom disclosure is reasonably necessary provided: (i) the deposing party requests that 17 18 the witness sign the form attached as Exhibit A hereto; and (ii) they will not be permitted to 19 keep any confidential information unless they sign the “Acknowledgment and Agreement to Be 20 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. 21 Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected 22 Material may be separately bound by the court reporter and may not be disclosed to anyone 23 except as permitted under this Stipulated Protective Order; and 24 9. Any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by any of the parties engaged in settlement discussions. 26 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 27 OTHER LITIGATION 28 If a Party is served with a subpoena or a court order issued in other litigation that 1 compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 3 A. Promptly notify in writing the Designating Party. Such notification 4 shall include a copy of the subpoena or court order; 5 B. Promptly notify in writing the party who caused the subpoena or order to issue in 6 the other litigation that some or all of the material covered by the subpoena or order is subject to 7 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 8 and 9 C. Cooperate with respect to all reasonable procedures sought to be pursued by the 10 Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with the 12 subpoena or court order shall not produce any information designated in this action as 13 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 14 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 15 shall bear the burden and expense of seeking protection in that court of its confidential material 16 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 17 18 Party in this Action to disobey a lawful directive from another court. 19 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 A. The terms of this Order are applicable to information produced by a Non-Party in 22 this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties 23 in connection with this litigation is protected by the remedies and relief provided by this Order. 24 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 25 additional protections. 26 B. In the event that a Party is required, by a valid discovery request, to produce a 27 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 28 1 with the Non-Party not to produce the Non-Party’s confidential information, then the Party 2 shall: 3 1. Promptly notify in writing the Requesting Party and the Non-Party that 4 some or all of the information requested is subject to a confidentiality 5 agreement with a Non-Party; 6 2. Promptly provide the Non-Party with a copy of the Stipulated Protective 7 Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 3. Make the information requested available for inspection by the 10 Non-Party, if requested. 11 C. If the Non-Party fails to seek a protective order from this court within 12 14 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. If the 14 Non-Party timely seeks a protective order, the Receiving Party shall not produce any 15 information in its possession or control that is subject to the confidentiality agreement with the 16 Non-Party before a determination by the court. Absent a court order to the contrary, the Non- 17 18 Party shall bear the burden and expense of seeking protection in this court of its Protected 19 Material. 20 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 22 Material to any person or in any circumstance not authorized under this Stipulated Protective 23 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 24 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 25 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 26 made of all the terms of this Order, and (d) request such person or persons to execute the 27 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 28 1 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 6 provision is not intended to modify whatever procedure may be established in an e-discovery 7 order that provides for production without prior privilege review. 8 XIII. MISCELLANEOUS 9 A. Right to Further Relief. Nothing in this Order abridges the right of any person to 10 seek its modification by the Court in the future. 11 B. Right to Assert Other Objections. By stipulating to the entry of this 12 Protective Order no Party waives any right it otherwise would have to object to 13 disclosing or producing any information or item on any ground not addressed in this Stipulated 14 Protective Order. Similarly, no Party waives any right to object on any ground to use in 15 evidence of any of the material covered by this Protective Order. 16 C. Filing Protected Material. A Party that seeks to file under seal any 17 18 Protected Material must comply with Civil Local Rule 141. Protected Material may only be 19 filed under seal pursuant to a court order authorizing the sealing of the specific Protected 20 Material at issue. If a Party’s request to file Protected Material under seal is denied by the 21 court, then the Receiving Party may file the information in the public record unless otherwise 22 instructed by the court. 23 XIV. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in Section V, within 60 days of a 25 written request by the Designating Party, each Receiving Party must return all Protected 26 Material to the Producing Party or destroy such material. As used in this subdivision, “all 27 Protected Material” includes all copies, abstracts, compilations, summaries, and any other 28 format reproducing or capturing any of the Protected Material. Whether the Protected Material 1 is returned or destroyed, the Receiving Party must submit a written certification to the 2 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 3 deadline that (1) identifies (by category, where appropriate) all the Protected Material that was 4 returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 5 abstracts, compilations, summaries or any other format reproducing or capturing any of the 6 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 7 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 8 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 9 consultant and expert work product, even if such materials contain Protected Material. Any such 10 archival copies that contain or constitute Protected Material remain subject to this Protective 11 Order as set forth in Section V. 12 Any violation of this Order may be punished by any and all appropriate measures 13 including, without limitation, contempt proceedings and/or monetary sanctions. 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 Respectfully Submitted, 17 DATED: July 12, 2021 MCMURRAY HENRIKS, LLP 18 19 By: /s/ Lauren I. Freidenberg Randy H. McMurray, Esq. 20 Yana G. Henriks, Esq. Lauren I. Freidenberg, Esq. 21 Attorneys for Plaintiffs, MARIA ELENA GARCIA; ADRIEANA GARCIA; C.G., a 22 minor by and through his guardian ad litem Maria Elena Garcia; S.G., a minor by and 23 through her guardian ad litem Maria Elena Garcia; J.G., a minor by and through her 24 guardian ad litem Maria Elena Garcia; and GLORIA GARCIA 25 26 DATED: July 12, 2021 FERGUSON, PRAET & SHERMAN A Professional Corporation 27 28 By: /s/ Daniel S. Cha 1 BDrauncieel DS.. PCrhaae,t ,E Esqsq. . Attorneys for City of Farmersville Defendants 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 DA TED: July 9, 2021 H ERR PEDERSEN & BERGLUND LLP 2 By: /s/ Leonard C. Herr Leonard C. Herr, Esq. 3 Caren Curtiss, Esq. 4 Attorneys for Defendant City of Visalia 5 DATED: July 9, 2021 TULARE COUNTY COUNSEL 6 By: /s/ Amy Myers Amy Myers, Esq. 7 Attorneys for Defendants County of Tulare, et al. 8 9 10 JOINT MOTION SIGNATURE CERTIFICATION 11 Pursuant to Local Rule 131(e) of the United States District Court for the Eastern District 12 of California, I certify that the content of this document, and the accompanying proposed order, 13 is acceptable to named counsel above and that I have obtained authorization from counsel to 14 affix their electronic signature to this document on July 9, 2021. 15 DATED: July 9, 2021 MCMURRAY HENRIKS, LLP 16 By: /s/ Lauren I. Freidenberg 17 Randy H. McMurray, Esq. Yana G. Henriks, Esq. 18 Lauren I. Freidenberg, Esq. Attorneys for Plaintiffs, MARIA ELENA 19 GARCIA; et al. 20 21 22 23 24 25 26 27 28 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 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Eastern District of California on [date] in 7 the case of Maria Elena Garcia, et al. v. City of Farmersville, et al., bearing case number 2:21- 8 CV-00482-NONE-EPG. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I 11 will not disclose in any manner any information or item that is subject to this Stipulated 12 Protective Order to any person or entity except in strict compliance with the provisions of this 13 Order. I further agree to submit to the jurisdiction of the United States District Court for the 14 Central District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. I hereby 16 appoint __________________________ [print or type full name] of 17 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27 28 1 ORDER 2 Pursuant to the stipulation of the parties (ECF No. 37), as modified to comply with 3 Local Rule 141.1(c), the parties’ Stipulated Protective Order is hereby approved. > ||IT IS SO ORDERED. ; || Dated: _ July 12, 2021 [see hey UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 S 5 14 25 15 16 a8 17 = = 18 19 20 21 22 23 24 25 26 27 28