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1 CHRISTOPHER A. CALLIHAN (SBN 203010)
CITY ATTORNEY
2
CITY OF SALINAS
3 OFFICE OF THE CITY ATTORNEY
200 Lincoln Avenue
4 Salinas, CA 93901
Telephone: (831) 758-7256
5 Facsimile: (831) 758-7257
6 William R. Price (SBN 171531)
D. Scott Dodd (SBN 170500)
7 LAW OFFICES OF WILLIAM R. PRICE
12636 High Bluff Dr., Suite 400
8 San Diego, CA 92130
Telephone: (858) 888-0588
9 Emails: wprice@williamrprice.com, sdodd@williamrprice.com
10
Attorneys for Defendant and Cross-Complainant
11 CITY OF SALINAS
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF MONTEREY
14
15 LOUIS MONTANO, JR.; LOUIE MONTANO Case No. 21CV003635
III; and MICHAEL MONTANO,
16 Assigned for All Purposes To:
Plaintiffs, Judge: Hon. Carrie M. Panetta
17 Dept: 14
vs.
18 (*Exempt from filing fees pursuant to Gov. Code
CITY OF SALINAS, GINO’S RESTAURANT, section 6103)
19 INC.; GINO’S FINE ITALIAN FOOD, INC.;
BLFA PROPERTIES LLC; NTN STIPULATION AND PROTECTIVE
20 PROPERTIES LLC; NGOCHAO THI ORDER – CONFIDENTIAL DESIGNATION
NGUYEN; RALPH BOZZO; ROSAURA ONLY
21 ARCOS PANIAGUA; AUSTIN ALARCON;
and DOES 1-35, Complaint Filed: November 26, 2021
22 Trial Date: August 28, 2023
Defendants.
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AND RELATED CROSS-ACTIONS.
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STIPULATION AND PROTECTIVE ORDER
1 In order to protect the confidentiality of confidential information obtained by the parties in
2 connection with this case, the parties, by and through their respective undersigned counsel and
3 subject to the approval of the Court, hereby agree as follows:
4 1. In this Stipulation and Protective Order, the words set forth below shall have the
5 following meanings:
6 a. “Proceeding” means the above-entitled proceeding Louis Montano, Jr., et al.
7 v. City of Salinas, et al., Case No. 21CV003635, filed in the County of Monterey Superior
8 Court;
9 b. “Court” means the County of Monterey and any judge to which this
10 Proceeding may be assigned, including Court staff participating in such proceedings;
11 c. “Confidential” means any information which is in the possession of a
12 Designating Party who believes in good faith that such information is entitled to
13 confidential treatment under applicable law;
14 d. “Confidential Materials” means and Documents, Testimony or Information,
15 as defined below, designated as “Confidential” pursuant to the provisions of this Stipulation
16 and Protective Order;
17 e. “Designating Party” means the Party that designates Materials as
18 “Confidential”;
19 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or
20 make available Materials, or any part thereof, or any information contained therein;
21 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those
22 terms are defined by California Evidence Code Section 250, 255, and 260, which have been
23 produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions,
24 or summaries of all or any party of the foregoing;
25 h. “Information” means the content of Documents or Testimony; and
26 i. “Testimony” means all depositions, declarations, or other testimony taken or
27 used in this Proceeding.
28 2. The Designating Party shall have the right to designate as “Confidential” any
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STIPULATION AND PROTECTIVE ORDER
1 Documents, Testimony, or Information that the Designating Party in good faith believes to contain
2 non-public information that is entitled to confidential treatment under applicable law.
3 3. The entry of this Stipulation and Protective Order does not alter, waiver, modify, or
4 abridge any right, privilege, or protection otherwise available to any Party with respect to the
5 discovery of matters, including but not limited to any Party’s right to assert the attorney-client
6 privilege, the attorney work product doctrine, or other privileges, or any Party’s right to contest any
7 such assertion.
8 4. Any Documents, Testimony or Information to be designated as “Confidential” must
9 be clearly so designated before the Document, Testimony or Information is Disclosed or produced.
10 The “Confidential” designation should not obscure or interfere with the legibility of the designated
11 Information.
12 a. For Documents (apart from transcripts of depositions or other pretrial or trial
13 proceedings), the Designating Party must affix the legend “Confidential” on each page of
14 any Document containing such designated Confidential Material.
15 b. For Testimony given in depositions, the Designating Party may either (1)
16 identify on the record all “Confidential” Testimony, by specifying all portions of the
17 Testimony that qualify as “Confidential” or (2) designate the entirety of the Testimony at
18 the deposition as “Confidential” (before the deposition is concluded) with the right to
19 identify more specific portions of the Testimony as to “Confidential” within 30 days
20 following receipt of the deposition transcript. In circumstances where portions of the
21 deposition Testimony are designated for protection, the transcript pages containing
22 “Confidential” Information may be separately bound by the court reporter, who must affix
23 to the top of each page the legend “Confidential,” as instructed by the Designating Party.
24 c. For Information produced in some for other than Documents, and for other
25 tangible items, including, without limitation compact discs, DVDs, or USB drives, the
26 Designating Party must affix in a prominent place on the exterior of the container or
27 containers in which the Information or item is stored the legend ‘Confidential.” If only
28 portions of the Information or items warrant protection, the Designating Party, to the extent
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STIPULATION AND PROTECTIVE ORDER
1 practicable, shall identify the “Confidential” portions.
2 5. All criminal case files and records, including arrest records, witness statements,
3 photographs, audio recordings and video recordings, court records, and sentencing records in the
4 custody of Salinas Police Department and/or County of Monterey District Attorney’s Office related
5 to the arrest of and charges against Austin Alarcon on or about November 19, 2020, produced by
6 any party or obtained from any source, shall be designated Confidential.
7 6. The inadvertent production by any of the undersigned Parties or non-Parties to the
8 Proceedings of any Document, Testimony or Information during discovery in this proceeding
9 without a “Confidential” designation shall be without prejudice to any claim that such item is
10 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent
11 production. In the event that any Document, Testimony, or Information that is subject to a
12 “Confidential” designation is inadvertently produced without such designation, the Party that
13 inadvertently produced the document shall give written notice of such inadvertent production
14 within twenty (20) days of discovery of the inadvertent production, together with a further copy of
15 the subject Document, Testimony, or Information designated as “Confidential” (the “Inadvertent
16 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received
17 the inadvertently produced Document, Testimony, or Information shall promptly destroy the
18 inadvertently produced Document, Testimony, or Information and all copies thereof and shall
19 notify the producing Party of such destruction within give (5) days of receipt of written notice of
20 the inadvertent production. This provision is not intended to apply to any inadvertent production of
21 any Information protected by attorney-client or work product privileges. In the event that this
22 provision conflicts with any applicable law regarding waiver of confidentiality through the
23 inadvertent production of Documents, Testimony or Information, such law shall govern.
24 7. In the event that counsel for a Party receiving Documents, Testimony or Information
25 in discovery designated as “Confidential” objects to such designation with respect to any or all of
26 such items, said counsel shall advise counsel for the Designating Party, in writing, or such
27 objections, the specific Documents, Testimony or Information to which each objection pertains,
28 and the specific reasons and support for such objections (the “Designation Objections”). Counsel
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STIPULATION AND PROTECTIVE ORDER
1 for the Designating Party shall have thirty (30) days from the receipt of the written Designation
2 Objections to either (1) agree in writing to de-designate Documents, Testimony or Information
3 pursuant and/or (2) file a motion with the Court seeking to uphold any or all designations on
4 Documents, Testimony or Information addressed by the Designation Objections (the “Designation
5 Motion”). Pending a resolution of the Designation Motion by the Court, any and all existing
6 designations on the Documents, Testimony or Information at issue in such Motion shall remain in
7 place. The Designating Party shall have the burden on any Designation Motion of establishing the
8 applicability of its “Confidential” designation. In the event that the Designation Objections are
9 neither timely agreed to nor timely addressed in the Designation Motion, then such Documents,
10 Testimony or Information shall be de-designated in accordance with the Designation Objection
11 applicable to such material.
12 8. Access to and/or Disclosure of Confidential Materials designated as “Confidential”
13 shall be permitted only to the following persons:
14 a. The Court;
15 b. Attorneys of record in the Proceedings and their affiliated attorneys,
16 paralegals, clerical and secretarial staff employed by such attorneys. Each non-lawyer given
17 access to Confidential Materials shall be advised that shall be advised that such Materials
18 are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and
19 Protective Order and that they may not be Disclosed other than pursuant to its terms;
20 c. Officers, directors, partners, members, employees, and agents of all non-
21 designating Parties that counsel for such Parties deems necessary to aid counsel in the
22 prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure
23 of Confidential Materials to any such officer, director, partner, member, employee or agent,
24 counsel for the Party making the Disclosure shall deliver a copy of this Stipulation and
25 Protective Order to such person, shall explain that such person is bound to follow the terms
26 of such Order, and shall secure the signature of such person on a statement in the form
27 attached hereto as Exhibit A;
28 d. Court reporters in this Proceeding;
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STIPULATION AND PROTECTIVE ORDER
1 e. Any deposition, trial or hearing witness in this Proceeding who previously
2 has had access to the Confidential Materials, or who is currently or was previously an
3 officer, director, partner, member, employee or agent of an entity that has had access to the
4 Confidential Materials;
5 f. Any deposition, non-trial hearing witness in the Proceeding who previously
6 did not have access to the Confidential Materials; provided, however, that each such
7 witness given access to Confidential Materials shall be advised that such Materials are
8 being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective
9 Order and that they may not be Disclosed other than pursuant to its terms;
10 g. Mock jury participants, provided, however, that prior to the Disclosure of
11 Confidential Materials to any such mock jury participant, counsel for the Party making the
12 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall
13 explain that such person is bound to follow the terms of such Order, and shall secure the
14 signature of such person on a statement in the form attached hereto as Exhibit A;
15 h. Outside experts or expert consultants consulted by the undersigned Parties or
16 their counsel in connection with the Proceeding, whether or not retained to testify at any
17 oral hearing; provided, however, that prior to the Disclosure of Confidential Materials to
18 any such expert or expert consultant, counsel for the Party making the Disclosure shall
19 deliver a copy of this Stipulation and Protective Order to such person, shall explain its terms
20 to such person, and shall secure the signature of such person on a statement in the form
21 attached hereto as Exhibit A; and
22 i. Any other person that the Designating Party agrees to in writing.
23 9. Confidential Materials shall be used by the persons receiving them only for the
24 purposes of preparing for, conducting, participating in the conduct of, and/or persecuting and/or
25 defending the Proceeding, and not for any other purpose whatsoever.
26 10. Any Party to the Proceeding (or other person subject to the terms of this Stipulation
27 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the
28 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order.
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STIPULATION AND PROTECTIVE ORDER
1 11. Entering into, agreeing to, and/or complying with the terms of this Stipulation and
2 Protective Order shall not:
3 a. Operate as an admission by any person that any particular Document,
4 Testimony, or Information marked “Confidential” contains or reflects trade secrets,
5 proprietary confidential or competitively sensitive business, commercial, financial or
6 personal information; or
7 b. Prejudice in any way the right of the any Party (or any other person subject
8 to the terms of this Stipulation and Protective Order to (1) seek a determination by the Court
9 whether any particular Confidential Material should be subject to protection as
10 “Confidential” under the terms of this Stipulation and Protective Order, or (2) to seek relief
11 from the Court on appropriate notice to all other Parties to the Proceeding from any
12 provision(s) of this Stipulation and Protective Order, either generally or as to any particular
13 Document, Material, or Information.
14 12. Any Party to the Proceeding who has not executed this Stipulation and Protective
15 Order as of the time it is presented to the Court for signature may thereafter become a Party to this
16 Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the
17 same with the Court and serving copies of such signed and dated copy upon the other Parties to this
18 Stipulation and Protective Order.
19 13. Any Information that may be produced by a non-Party witness in discovery in the
20 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
21 “Confidential” under the terms of this Stipulation and Protective Order, and any such designation
22 by a non-Party shall have the same force and effect, and create the same duties and obligations, as
23 if made by one of the undersigned Parties hereto. Any such designation shall also function as a
24 consent by such producing Party to the authority of the Court in the Proceeding to resolve and
25 conclusively determine any motion or other application made by any person or Party with respect
26 to such designation, or any other matter otherwise arising under this Stipulation and Protective
27 Order.
28 14. If any person subject to this Stipulation and Protective Order who has custody of
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STIPULATION AND PROTECTIVE ORDER
1 any Confidential Materials receives a subpoena or other process (“Subpoena”) from any
2 government or other person or entity demanding production of Confidential Materials, the recipient
3 of the Subpoena shall promptly give notice (within two (2) days) of the same by electronic mail
4 transmission, followed by either express mail or overnight delivery to counsel of record for the
5 Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this
6 notice, the Designating Party may, in its sole discretion and at its own cost, move to quash or limit
7 the Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain
8 confidential treatment of such Confidential Materials from the subpoenaing person or entity to the
9 fullest extent available under the law. The recipient of the Subpoena may not produce Documents,
10 Testimony or Information pursuant to the Subpoena prior to the date specified for production on
11 the Subpoena.
12 15. Nothing in this Stipulation and Protective Order shall be construed to preclude either
13 Party from asserting in good faith that certain Confidential Materials require additional protection.
14 The parties shall meet and confer to agree upon the terms of such additional protection.
15 16. If, after execution of this Stipulation and Protective Order, any Confidential
16 Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order
17 is Disclosed by a non-Designating Party to any person other than in the manner authorized by this
18 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall
19 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate
20 attention of the Designating Party.
21 17. This Stipulation and Protective Order is entered into without prejudice to the right of
22 any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
23 Confidential Materials designated by that Party.
24 18. Where any confidential Materials, or Information derived from Confidential
25 Materials, is included in any motion or other proceeding governed by California Rules of Court,
26 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or
27 other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following
28 shall apply: If Confidential Materials or Information derived from Confidential Materials are
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STIPULATION AND PROTECTIVE ORDER
1 submitted to or otherwise disclosed to the Court in connection with discovery motions and
2 proceedings, the same shall be separately filed under seal with the clerk of the Court in an envelope
3 marked: “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
4 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.”
5 19. The Parties shall meet and confer regarding the procedures for use of Confidential
6 Materials at trial and shall move the Court for entry of an appropriate order.
7 20. Nothing in this Stipulation and Protective Order shall affect the admissibility into
8 evidence of Confidential Materials or abridge the rights of any person to seek judicial review or to
9 pursue other appropriate judicial action with respect to any ruling made by the Court concerning
10 the issue of the status of Protected Material.
11 21. This Stipulation and Protective Order shall continue to be binding after the
12 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except
13 that a Party may seek the written permission of the Designating Party or may move the Court for
14 relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law,
15 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective
16 Order, even after the Proceeding is terminated.
17 22. Upon written request made within thirty (30) days after the settlement or other
18 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
19 promptly return to counsel for each Designating Party all Confidential Materials and all copies
20 thereof (except that counsel for each Party may maintain in its files, in continuing compliance with
21 the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading
22 filed with the Court and one copy of each deposition together with the exhibits marked at the
23 deposition, (b) agree with counsel for the Designating Party upon appropriate methods and
24 certification of destruction or other disposition of such Confidential Materials, or (c) as to any
25 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a
26 motion seeking a Court order regarding proper preservation of such Materials. To the extent
27 permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion
28 referred to in sub-paragraph (c) herein.
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STIPULATION AND PROTECTIVE ORDER
1 23. After this Stipulation and Protective Order has been signed by counsel for all
2 Parties, it shall be presented to the Court for entry. Counsel agrees to be bound by the terms set
3 forth herein with regard to any Confidential Materials that have been produced before the Court
4 signs this Stipulation and Protective Order.
5 24. The Parties and all signatories to the Certification attached hereto as Exhibit A agree
6 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In
7 the event that the Court modifies this Stipulation and Protective Order, or in the event that the
8 Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and
9 Protective Order until such time as the Court may enter such a different Order. It is the Parties’
10 intent to be bound by the terms of this Stipulation and Protective Order pending its entry so as to
11 allow for immediate production of Confidential Materials under the terms herein.
12 January 31, 2023
Dated:______________ LAW OFFICES OF WILLIAM R. PRICE
13
14 By:
William R. Price
15 Attorneys for Defendant and Cross-
Complainant
16 CITY OF SALINAS
17
January 30, 2023
Dated:_______________ GREENBERG AND RUBY
18
19
By:
20 Sergio R. Cardenas
Attorneys for Plaintiff
21
22 Dated:___1/30/23_____________ ALPERS LAW GROUP, INC.
23
24 By:
Richard C. Alpers
25 Attorneys for Plaintiff
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STIPULATION AND PROTECTIVE ORDER
1 January 30, 2023
Dated:______________ MAYR LAW FIRM
2
3 By: Rodney N. Mayr ESQ
Rodney N. Mayr
4 Attorneys for Defendants
AUSTIN ALARCON and ROSAURA
5 ARCOS PANIAGUA
6
January 30, 2023
Dated:______________ LEWIS BRISBOIS
7
8
By:
9 Matthew D. Zumstein
Attorneys for Defendants and Cross-
10 Complainants
NGOCHAO THI NGUYEN and GINO’S
11 RESTAURANT, INC.
12 Dated: January 30, 2023 LAW OFFICES OF JOHN A. HAUSER
13
14
15 By:
Laurie J. Elza
16 Attorneys for Defendant and Cross-
Complainant
17 NTN PROPERTIES, LLC
18 IT IS SO ORDERED.
19
20 Dated: ________________ _____________________________________
21 Judge of the Superior Court
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STIPULATION AND PROTECTIVE ORDER
1 EXHIBIT A
2 Certification Regarding Confidentiality
3 I hereby acknowledge that I, _____________________________[NAME],
4 ____________________________________ [TITLE], am about to receive Confidential
5 Materials supplied in connection with the Proceeding, Louise Montano, Jr., et al. v. City of Salinas,
6 et al., Case No. 21CV003635, filed in the County of Monterey Superior Court;. I certify and I
7 understand that the Confidential Materials are provided to me subject to the terms and restriction of
8 the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the
9 Stipulation and Protective Order; I have read it, and I agreed to be bound by its terms. I understand
10 that Confidential Materials, as defined in the Stipulation and Protective Order, including any notes
11 or other records that may be made regarding any such materials, shall not be Disclosed to anyone
12 except as expressly permitted by the Stipulation and Protective Order. I will not copy or use, except
13 solely for the purposes of this Proceeding, any Confidential Materials obtained pursuant to this
14 Protective Order, except as provided therein or otherwise ordered by the Court in the Proceeding.
15 I further understand that I am to retain all copies of all Confidential Materials provided to
16 me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my
17 personal custody until termination of my participation in this Proceeding, whereupon the copies of
18 such Materials will be returned to counsel who provided me with such Materials.
19 I declare under penalty of perjury, under the laws of the State of California, that the
20 foregoing is true and correct. Executed this day of _________202_ , at _____________________.
21 _______________________________
Signature
22 _______________________________
Title
23
_______________________________
24 Address
_______________________________
25 City, State Zip
________________________________
26 Telephone Number
27
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STIPULATION AND PROTECTIVE ORDER
1 PROOF OF SERVICE
2
3 I am employed in the County of San Diego, State of California. I am over the age of 18 and
not a party to the within action. My business address is 12636 High Bluff Dr., Suite 400, San
4 Diego, CA 92130.
5 On January 31, 2023, I served the within document(s) described as:
6 STIPULATION AND PROTECTIVE ORDER-CONFIDENTIAL DESIGNATION
ONLY
7
on the interested parties in this action as stated on the attached mailing list.
8
X (BY E-MAIL) By transmitting a true copy of the foregoing document(s) to the e-mail
9 addresses set forth on the attached mailing list.
10 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
11
Executed on January 31, 2023, at San Diego, California.
12
13 Lisa Shaw
(Type or print name) (Signature)
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PROOF OF SERVICE
1 SERVICE LIST
2 Emily A. Ruby Rodney N. Mayr
Sergio R. Cardenas MAYR LAW FIRM
3 GREENBERG AND RUBY 1010 W. Taylor Street
INJURY ATTORNEYS, APC San Jose, CA 95126
4 6100 Wilshire Blvd., Ste. 1170
Los Angeles, CA 90048 Tel: (408) 331-7606
5 Tel: (323) 782-0535 rodney@mayrlawfirm.com
eruby@caltrialpros.com emiliano@mayrlawfirm.com
6 scardenas@caltrialpros.com Attorneys Defendants Austin Alarcon and
kdobroth@caltrialpros.com Rosaura Arcos Paniagua
7 Attorneys for Plaintiffs
Matthew D. Zumstein
8
Richard C. Alpers Jessica Wahl
9 ALPERS LAW GROUP, INC. LEWIS BRISBOIS
PO Box 1540 2185 N. California Blvd., Ste 300
10 Aptos, CA 95001 Walnut Creek, CA 94596-3577
Tel: (855) 808-1174 Tel: (925) 357-3456
11 rca@alperslawgroup.com matthew.zumstein@lewisbrisbois.com
12 Attorneys for Plaintiffs jessica.wahl@lewisbrisbois.com
nicole.tavis@lewisbrisbois.com
13
Attorneys for Defendants and Cross-
14 Defendants Ngochao Thi Nguyen and Gino’s
Restaurant, Inc.
15
16 Laurie J. Elza
LAW OFFICES OF JOHN A. HAUSER
17 One Point Drive, 6th Floor
Brea, CA 92821
18 Mailing: PO Box 2282
Brea, CA 92822-2282
19 Tel: (714) 571-0407; (714) 371-2311 direct
Laurie.elza@thehartford.com
20 lawofficeshauser@thehartford.com
Maureen.Merriles@thehartford.com
21 Attorneys for Defendant and Cross-
Complainant NTN Properties LLC
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PROOF OF SERVICE
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1 CHRISTOPHER A. CALLIHAN (SBN 203010) CITY ATTORNEY 2 CITY OF SALINAS 3 OFFICE OF THE CITY ATTORNEY 200 Lincoln Avenue 4 Salinas, CA 93901 Telephone: (831) 758-7256 5 Facsimile: (831) 758-7257 6 William R. Price (SBN 171531) D. Scott Dodd (SBN 170500) 7 LAW OFFICES OF WILLIAM R. PRICE 12636 High Bluff Dr., Suite 400 8 San Diego, CA 92130 Telephone: (858) 888-0588 9 Emails: wprice@williamrprice.com, sdodd@williamrprice.com 10 Attorneys for Defendant and Cross-Complainant 11 CITY OF SALINAS 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF MONTEREY 14 15 LOUIS MONTANO, JR.; LOUIE MONTANO Case No. 21CV003635 III; and MICHAEL MONTANO, 16 Assigned for All Purposes To: Plaintiffs, Judge: Hon. Carrie M. Panetta 17 Dept: 14 vs. 18 (*Exempt from filing fees pursuant to Gov. Code CITY OF SALINAS, GINO’S RESTAURANT, section 6103) 19 INC.; GINO’S FINE ITALIAN FOOD, INC.; BLFA PROPERTIES LLC; NTN STIPULATION AND PROTECTIVE 20 PROPERTIES LLC; NGOCHAO THI ORDER – CONFIDENTIAL DESIGNATION NGUYEN; RALPH BOZZO; ROSAURA ONLY 21 ARCOS PANIAGUA; AUSTIN ALARCON; and DOES 1-35, Complaint Filed: November 26, 2021 22 Trial Date: August 28, 2023 Defendants. 23 24 AND RELATED CROSS-ACTIONS. 25 26 27 28 STIPULATION AND PROTECTIVE ORDER 1 In order to protect the confidentiality of confidential information obtained by the parties in 2 connection with this case, the parties, by and through their respective undersigned counsel and 3 subject to the approval of the Court, hereby agree as follows: 4 1. In this Stipulation and Protective Order, the words set forth below shall have the 5 following meanings: 6 a. “Proceeding” means the above-entitled proceeding Louis Montano, Jr., et al. 7 v. City of Salinas, et al., Case No. 21CV003635, filed in the County of Monterey Superior 8 Court; 9 b. “Court” means the County of Monterey and any judge to which this 10 Proceeding may be assigned, including Court staff participating in such proceedings; 11 c. “Confidential” means any information which is in the possession of a 12 Designating Party who believes in good faith that such information is entitled to 13 confidential treatment under applicable law; 14 d. “Confidential Materials” means and Documents, Testimony or Information, 15 as defined below, designated as “Confidential” pursuant to the provisions of this Stipulation 16 and Protective Order; 17 e. “Designating Party” means the Party that designates Materials as 18 “Confidential”; 19 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or 20 make available Materials, or any part thereof, or any information contained therein; 21 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those 22 terms are defined by California Evidence Code Section 250, 255, and 260, which have been 23 produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions, 24 or summaries of all or any party of the foregoing; 25 h. “Information” means the content of Documents or Testimony; and 26 i. “Testimony” means all depositions, declarations, or other testimony taken or 27 used in this Proceeding. 28 2. The Designating Party shall have the right to designate as “Confidential” any 2 STIPULATION AND PROTECTIVE ORDER 1 Documents, Testimony, or Information that the Designating Party in good faith believes to contain 2 non-public information that is entitled to confidential treatment under applicable law. 3 3. The entry of this Stipulation and Protective Order does not alter, waiver, modify, or 4 abridge any right, privilege, or protection otherwise available to any Party with respect to the 5 discovery of matters, including but not limited to any Party’s right to assert the attorney-client 6 privilege, the attorney work product doctrine, or other privileges, or any Party’s right to contest any 7 such assertion. 8 4. Any Documents, Testimony or Information to be designated as “Confidential” must 9 be clearly so designated before the Document, Testimony or Information is Disclosed or produced. 10 The “Confidential” designation should not obscure or interfere with the legibility of the designated 11 Information. 12 a. For Documents (apart from transcripts of depositions or other pretrial or trial 13 proceedings), the Designating Party must affix the legend “Confidential” on each page of 14 any Document containing such designated Confidential Material. 15 b. For Testimony given in depositions, the Designating Party may either (1) 16 identify on the record all “Confidential” Testimony, by specifying all portions of the 17 Testimony that qualify as “Confidential” or (2) designate the entirety of the Testimony at 18 the deposition as “Confidential” (before the deposition is concluded) with the right to 19 identify more specific portions of the Testimony as to “Confidential” within 30 days 20 following receipt of the deposition transcript. In circumstances where portions of the 21 deposition Testimony are designated for protection, the transcript pages containing 22 “Confidential” Information may be separately bound by the court reporter, who must affix 23 to the top of each page the legend “Confidential,” as instructed by the Designating Party. 24 c. For Information produced in some for other than Documents, and for other 25 tangible items, including, without limitation compact discs, DVDs, or USB drives, the 26 Designating Party must affix in a prominent place on the exterior of the container or 27 containers in which the Information or item is stored the legend ‘Confidential.” If only 28 portions of the Information or items warrant protection, the Designating Party, to the extent 3 STIPULATION AND PROTECTIVE ORDER 1 practicable, shall identify the “Confidential” portions. 2 5. All criminal case files and records, including arrest records, witness statements, 3 photographs, audio recordings and video recordings, court records, and sentencing records in the 4 custody of Salinas Police Department and/or County of Monterey District Attorney’s Office related 5 to the arrest of and charges against Austin Alarcon on or about November 19, 2020, produced by 6 any party or obtained from any source, shall be designated Confidential. 7 6. The inadvertent production by any of the undersigned Parties or non-Parties to the 8 Proceedings of any Document, Testimony or Information during discovery in this proceeding 9 without a “Confidential” designation shall be without prejudice to any claim that such item is 10 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent 11 production. In the event that any Document, Testimony, or Information that is subject to a 12 “Confidential” designation is inadvertently produced without such designation, the Party that 13 inadvertently produced the document shall give written notice of such inadvertent production 14 within twenty (20) days of discovery of the inadvertent production, together with a further copy of 15 the subject Document, Testimony, or Information designated as “Confidential” (the “Inadvertent 16 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received 17 the inadvertently produced Document, Testimony, or Information shall promptly destroy the 18 inadvertently produced Document, Testimony, or Information and all copies thereof and shall 19 notify the producing Party of such destruction within give (5) days of receipt of written notice of 20 the inadvertent production. This provision is not intended to apply to any inadvertent production of 21 any Information protected by attorney-client or work product privileges. In the event that this 22 provision conflicts with any applicable law regarding waiver of confidentiality through the 23 inadvertent production of Documents, Testimony or Information, such law shall govern. 24 7. In the event that counsel for a Party receiving Documents, Testimony or Information 25 in discovery designated as “Confidential” objects to such designation with respect to any or all of 26 such items, said counsel shall advise counsel for the Designating Party, in writing, or such 27 objections, the specific Documents, Testimony or Information to which each objection pertains, 28 and the specific reasons and support for such objections (the “Designation Objections”). Counsel 4 STIPULATION AND PROTECTIVE ORDER 1 for the Designating Party shall have thirty (30) days from the receipt of the written Designation 2 Objections to either (1) agree in writing to de-designate Documents, Testimony or Information 3 pursuant and/or (2) file a motion with the Court seeking to uphold any or all designations on 4 Documents, Testimony or Information addressed by the Designation Objections (the “Designation 5 Motion”). Pending a resolution of the Designation Motion by the Court, any and all existing 6 designations on the Documents, Testimony or Information at issue in such Motion shall remain in 7 place. The Designating Party shall have the burden on any Designation Motion of establishing the 8 applicability of its “Confidential” designation. In the event that the Designation Objections are 9 neither timely agreed to nor timely addressed in the Designation Motion, then such Documents, 10 Testimony or Information shall be de-designated in accordance with the Designation Objection 11 applicable to such material. 12 8. Access to and/or Disclosure of Confidential Materials designated as “Confidential” 13 shall be permitted only to the following persons: 14 a. The Court; 15 b. Attorneys of record in the Proceedings and their affiliated attorneys, 16 paralegals, clerical and secretarial staff employed by such attorneys. Each non-lawyer given 17 access to Confidential Materials shall be advised that shall be advised that such Materials 18 are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and 19 Protective Order and that they may not be Disclosed other than pursuant to its terms; 20 c. Officers, directors, partners, members, employees, and agents of all non- 21 designating Parties that counsel for such Parties deems necessary to aid counsel in the 22 prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure 23 of Confidential Materials to any such officer, director, partner, member, employee or agent, 24 counsel for the Party making the Disclosure shall deliver a copy of this Stipulation and 25 Protective Order to such person, shall explain that such person is bound to follow the terms 26 of such Order, and shall secure the signature of such person on a statement in the form 27 attached hereto as Exhibit A; 28 d. Court reporters in this Proceeding; 5 STIPULATION AND PROTECTIVE ORDER 1 e. Any deposition, trial or hearing witness in this Proceeding who previously 2 has had access to the Confidential Materials, or who is currently or was previously an 3 officer, director, partner, member, employee or agent of an entity that has had access to the 4 Confidential Materials; 5 f. Any deposition, non-trial hearing witness in the Proceeding who previously 6 did not have access to the Confidential Materials; provided, however, that each such 7 witness given access to Confidential Materials shall be advised that such Materials are 8 being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective 9 Order and that they may not be Disclosed other than pursuant to its terms; 10 g. Mock jury participants, provided, however, that prior to the Disclosure of 11 Confidential Materials to any such mock jury participant, counsel for the Party making the 12 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall 13 explain that such person is bound to follow the terms of such Order, and shall secure the 14 signature of such person on a statement in the form attached hereto as Exhibit A; 15 h. Outside experts or expert consultants consulted by the undersigned Parties or 16 their counsel in connection with the Proceeding, whether or not retained to testify at any 17 oral hearing; provided, however, that prior to the Disclosure of Confidential Materials to 18 any such expert or expert consultant, counsel for the Party making the Disclosure shall 19 deliver a copy of this Stipulation and Protective Order to such person, shall explain its terms 20 to such person, and shall secure the signature of such person on a statement in the form 21 attached hereto as Exhibit A; and 22 i. Any other person that the Designating Party agrees to in writing. 23 9. Confidential Materials shall be used by the persons receiving them only for the 24 purposes of preparing for, conducting, participating in the conduct of, and/or persecuting and/or 25 defending the Proceeding, and not for any other purpose whatsoever. 26 10. Any Party to the Proceeding (or other person subject to the terms of this Stipulation 27 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the 28 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. 6 STIPULATION AND PROTECTIVE ORDER 1 11. Entering into, agreeing to, and/or complying with the terms of this Stipulation and 2 Protective Order shall not: 3 a. Operate as an admission by any person that any particular Document, 4 Testimony, or Information marked “Confidential” contains or reflects trade secrets, 5 proprietary confidential or competitively sensitive business, commercial, financial or 6 personal information; or 7 b. Prejudice in any way the right of the any Party (or any other person subject 8 to the terms of this Stipulation and Protective Order to (1) seek a determination by the Court 9 whether any particular Confidential Material should be subject to protection as 10 “Confidential” under the terms of this Stipulation and Protective Order, or (2) to seek relief 11 from the Court on appropriate notice to all other Parties to the Proceeding from any 12 provision(s) of this Stipulation and Protective Order, either generally or as to any particular 13 Document, Material, or Information. 14 12. Any Party to the Proceeding who has not executed this Stipulation and Protective 15 Order as of the time it is presented to the Court for signature may thereafter become a Party to this 16 Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the 17 same with the Court and serving copies of such signed and dated copy upon the other Parties to this 18 Stipulation and Protective Order. 19 13. Any Information that may be produced by a non-Party witness in discovery in the 20 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as 21 “Confidential” under the terms of this Stipulation and Protective Order, and any such designation 22 by a non-Party shall have the same force and effect, and create the same duties and obligations, as 23 if made by one of the undersigned Parties hereto. Any such designation shall also function as a 24 consent by such producing Party to the authority of the Court in the Proceeding to resolve and 25 conclusively determine any motion or other application made by any person or Party with respect 26 to such designation, or any other matter otherwise arising under this Stipulation and Protective 27 Order. 28 14. If any person subject to this Stipulation and Protective Order who has custody of 7 STIPULATION AND PROTECTIVE ORDER 1 any Confidential Materials receives a subpoena or other process (“Subpoena”) from any 2 government or other person or entity demanding production of Confidential Materials, the recipient 3 of the Subpoena shall promptly give notice (within two (2) days) of the same by electronic mail 4 transmission, followed by either express mail or overnight delivery to counsel of record for the 5 Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this 6 notice, the Designating Party may, in its sole discretion and at its own cost, move to quash or limit 7 the Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain 8 confidential treatment of such Confidential Materials from the subpoenaing person or entity to the 9 fullest extent available under the law. The recipient of the Subpoena may not produce Documents, 10 Testimony or Information pursuant to the Subpoena prior to the date specified for production on 11 the Subpoena. 12 15. Nothing in this Stipulation and Protective Order shall be construed to preclude either 13 Party from asserting in good faith that certain Confidential Materials require additional protection. 14 The parties shall meet and confer to agree upon the terms of such additional protection. 15 16. If, after execution of this Stipulation and Protective Order, any Confidential 16 Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order 17 is Disclosed by a non-Designating Party to any person other than in the manner authorized by this 18 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall 19 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate 20 attention of the Designating Party. 21 17. This Stipulation and Protective Order is entered into without prejudice to the right of 22 any Party to knowingly waive the applicability of this Stipulation and Protective Order to any 23 Confidential Materials designated by that Party. 24 18. Where any confidential Materials, or Information derived from Confidential 25 Materials, is included in any motion or other proceeding governed by California Rules of Court, 26 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or 27 other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following 28 shall apply: If Confidential Materials or Information derived from Confidential Materials are 8 STIPULATION AND PROTECTIVE ORDER 1 submitted to or otherwise disclosed to the Court in connection with discovery motions and 2 proceedings, the same shall be separately filed under seal with the clerk of the Court in an envelope 3 marked: “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER 4 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 5 19. The Parties shall meet and confer regarding the procedures for use of Confidential 6 Materials at trial and shall move the Court for entry of an appropriate order. 7 20. Nothing in this Stipulation and Protective Order shall affect the admissibility into 8 evidence of Confidential Materials or abridge the rights of any person to seek judicial review or to 9 pursue other appropriate judicial action with respect to any ruling made by the Court concerning 10 the issue of the status of Protected Material. 11 21. This Stipulation and Protective Order shall continue to be binding after the 12 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except 13 that a Party may seek the written permission of the Designating Party or may move the Court for 14 relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law, 15 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective 16 Order, even after the Proceeding is terminated. 17 22. Upon written request made within thirty (30) days after the settlement or other 18 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) 19 promptly return to counsel for each Designating Party all Confidential Materials and all copies 20 thereof (except that counsel for each Party may maintain in its files, in continuing compliance with 21 the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading 22 filed with the Court and one copy of each deposition together with the exhibits marked at the 23 deposition, (b) agree with counsel for the Designating Party upon appropriate methods and 24 certification of destruction or other disposition of such Confidential Materials, or (c) as to any 25 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a 26 motion seeking a Court order regarding proper preservation of such Materials. To the extent 27 permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion 28 referred to in sub-paragraph (c) herein. 9 STIPULATION AND PROTECTIVE ORDER 1 23. After this Stipulation and Protective Order has been signed by counsel for all 2 Parties, it shall be presented to the Court for entry. Counsel agrees to be bound by the terms set 3 forth herein with regard to any Confidential Materials that have been produced before the Court 4 signs this Stipulation and Protective Order. 5 24. The Parties and all signatories to the Certification attached hereto as Exhibit A agree 6 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In 7 the event that the Court modifies this Stipulation and Protective Order, or in the event that the 8 Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and 9 Protective Order until such time as the Court may enter such a different Order. It is the Parties’ 10 intent to be bound by the terms of this Stipulation and Protective Order pending its entry so as to 11 allow for immediate production of Confidential Materials under the terms herein. 12 January 31, 2023 Dated:______________ LAW OFFICES OF WILLIAM R. PRICE 13 14 By: William R. Price 15 Attorneys for Defendant and Cross- Complainant 16 CITY OF SALINAS 17 January 30, 2023 Dated:_______________ GREENBERG AND RUBY 18 19 By: 20 Sergio R. Cardenas Attorneys for Plaintiff 21 22 Dated:___1/30/23_____________ ALPERS LAW GROUP, INC. 23 24 By: Richard C. Alpers 25 Attorneys for Plaintiff 26 27 28 10 STIPULATION AND PROTECTIVE ORDER 1 January 30, 2023 Dated:______________ MAYR LAW FIRM 2 3 By: Rodney N. Mayr ESQ Rodney N. Mayr 4 Attorneys for Defendants AUSTIN ALARCON and ROSAURA 5 ARCOS PANIAGUA 6 January 30, 2023 Dated:______________ LEWIS BRISBOIS 7 8 By: 9 Matthew D. Zumstein Attorneys for Defendants and Cross- 10 Complainants NGOCHAO THI NGUYEN and GINO’S 11 RESTAURANT, INC. 12 Dated: January 30, 2023 LAW OFFICES OF JOHN A. HAUSER 13 14 15 By: Laurie J. Elza 16 Attorneys for Defendant and Cross- Complainant 17 NTN PROPERTIES, LLC 18 IT IS SO ORDERED. 19 20 Dated: ________________ _____________________________________ 21 Judge of the Superior Court 22 23 24 25 26 27 28 11 STIPULATION AND PROTECTIVE ORDER 1 EXHIBIT A 2 Certification Regarding Confidentiality 3 I hereby acknowledge that I, _____________________________[NAME], 4 ____________________________________ [TITLE], am about to receive Confidential 5 Materials supplied in connection with the Proceeding, Louise Montano, Jr., et al. v. City of Salinas, 6 et al., Case No. 21CV003635, filed in the County of Monterey Superior Court;. I certify and I 7 understand that the Confidential Materials are provided to me subject to the terms and restriction of 8 the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the 9 Stipulation and Protective Order; I have read it, and I agreed to be bound by its terms. I understand 10 that Confidential Materials, as defined in the Stipulation and Protective Order, including any notes 11 or other records that may be made regarding any such materials, shall not be Disclosed to anyone 12 except as expressly permitted by the Stipulation and Protective Order. I will not copy or use, except 13 solely for the purposes of this Proceeding, any Confidential Materials obtained pursuant to this 14 Protective Order, except as provided therein or otherwise ordered by the Court in the Proceeding. 15 I further understand that I am to retain all copies of all Confidential Materials provided to 16 me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my 17 personal custody until termination of my participation in this Proceeding, whereupon the copies of 18 such Materials will be returned to counsel who provided me with such Materials. 19 I declare under penalty of perjury, under the laws of the State of California, that the 20 foregoing is true and correct. Executed this day of _________202_ , at _____________________. 21 _______________________________ Signature 22 _______________________________ Title 23 _______________________________ 24 Address _______________________________ 25 City, State Zip ________________________________ 26 Telephone Number 27 28 12 STIPULATION AND PROTECTIVE ORDER 1 PROOF OF SERVICE 2 3 I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action. My business address is 12636 High Bluff Dr., Suite 400, San 4 Diego, CA 92130. 5 On January 31, 2023, I served the within document(s) described as: 6 STIPULATION AND PROTECTIVE ORDER-CONFIDENTIAL DESIGNATION ONLY 7 on the interested parties in this action as stated on the attached mailing list. 8 X (BY E-MAIL) By transmitting a true copy of the foregoing document(s) to the e-mail 9 addresses set forth on the attached mailing list. 10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 11 Executed on January 31, 2023, at San Diego, California. 12 13 Lisa Shaw (Type or print name) (Signature) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 1 SERVICE LIST 2 Emily A. Ruby Rodney N. Mayr Sergio R. Cardenas MAYR LAW FIRM 3 GREENBERG AND RUBY 1010 W. Taylor Street INJURY ATTORNEYS, APC San Jose, CA 95126 4 6100 Wilshire Blvd., Ste. 1170 Los Angeles, CA 90048 Tel: (408) 331-7606 5 Tel: (323) 782-0535 rodney@mayrlawfirm.com eruby@caltrialpros.com emiliano@mayrlawfirm.com 6 scardenas@caltrialpros.com Attorneys Defendants Austin Alarcon and kdobroth@caltrialpros.com Rosaura Arcos Paniagua 7 Attorneys for Plaintiffs Matthew D. Zumstein 8 Richard C. Alpers Jessica Wahl 9 ALPERS LAW GROUP, INC. LEWIS BRISBOIS PO Box 1540 2185 N. California Blvd., Ste 300 10 Aptos, CA 95001 Walnut Creek, CA 94596-3577 Tel: (855) 808-1174 Tel: (925) 357-3456 11 rca@alperslawgroup.com matthew.zumstein@lewisbrisbois.com 12 Attorneys for Plaintiffs jessica.wahl@lewisbrisbois.com nicole.tavis@lewisbrisbois.com 13 Attorneys for Defendants and Cross- 14 Defendants Ngochao Thi Nguyen and Gino’s Restaurant, Inc. 15 16 Laurie J. Elza LAW OFFICES OF JOHN A. HAUSER 17 One Point Drive, 6th Floor Brea, CA 92821 18 Mailing: PO Box 2282 Brea, CA 92822-2282 19 Tel: (714) 571-0407; (714) 371-2311 direct Laurie.elza@thehartford.com 20 lawofficeshauser@thehartford.com Maureen.Merriles@thehartford.com 21 Attorneys for Defendant and Cross- Complainant NTN Properties LLC 22 23 24 25 26 27 28 PROOF OF SERVICE