Victor Platas v. A K Scribner

Filing 49

PROTECTIVE ORDER RE: LIMITED WAIVER OF ATTORNEY-CLIENT PRIVILEGE FOR PURPOSE OF EVIDENTIARY HEARING by Magistrate Judge Carla Woehrle: For GOOD CAUSE shown, the Court enters the following Protective Order regarding: (1) documents and materials from t rial counsel's files that Petitioner provides to Respondent relevant to claims One and Two pursuant to Bittaker and orders by this Court; (2) any testimony regarding attorney-client matters provided at the evidentiary hearing in this matter; and (3) any reference to such documents or testimony in the parties' pleadings submitted to the Court. (See document for further details.) (pcl)

1 SEAN K. KENNEDY (No. 145632) Federal Public Defender 2 JOSEPH TRIGILIO (No. 245373 ) (E-mail: [e-mail]) 3 STATIA PEAKHEART (No. 200363) (E-mail: [e-mail]) 4 Deputy Federal Public Defenders 321 East 2nd Street 5 Los Angeles, California 90012-4202 Telephone [phone] Facsimile [phone] Attorneys for Petitioner 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 For GOOD CAUSE shown, Pursuant to Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003), the Court VICTOR PLATAS, Petitioner, v. A.K. SCRIBNER (Warden), Respondent. CV 04-3383-CBM (CW) PROTECTIVE ORDER RE: LIMITED WAIVER OF ATTORNEY-CLIENT PRIVILEGE FOR PURPOSE OF EVIDENTIARY HEARING United States Magistrate Judge Hon. Carla M. Woehrle

19 enters the following Protective Order regarding: (1) documents and materials from 20 trial counsel's files that Petitioner provides to Respondent relevant to claims One 21 and Two pursuant to Bittaker and orders by this Court; (2) any testimony regarding 22 attorney-client matters provided at the evidentiary hearing in this matter; and (3) 23 any reference to such documents or testimony in the parties' pleadings submitted to 24 the Court. 25 1. To the extent that the Court orders the production of discovery that 26 Petitioner contends are subject to claims of privilege or protected from disclosure 27 by the attorney work product doctrine, a protective order is necessary. Petitioner 28 and Respondent agree that such discovery shall be subject to this Protective Order

1 and shall remain confidential and sealed. Petitioner contends that the testimony 2 provided by these witnesses is subject to the claims of privilege and/or protected 3 from disclosure by the attorney work product doctrine. During the evidentiary 4 hearing scheduled in this case, any testimony by Petitioner, trial counsel, and any 5 trial defense team member shall be subject to this Protective Order and shall 6 remain confidential and sealed. 7 2. All privileged documents and testimony produced to Respondent in 8 this action may be used only for purposes of litigating this habeas corpus 9 proceeding by: (a) Petitioner and the members of the legal team, i.e., lawyers, 10 paralegals, investigators, and support staff, assigned to Platas v. Scribner, Case 11 No. CV 04-3383-CBM (CW) (C.D. Cal.), by Petitioner's counsel; and (b) 12 Respondent and the members of the of the legal team, i.e., lawyers, paralegals, 13 investigators, and support staff, assigned to Platas v. Scribner, Case No. CV 0414 3383-CBM (CW) (C.D. Cal.), by the Attorney General's Office. This protective 15 order extends to members of the legal teams and all persons retained by the parties 16 to litigate this matter. All such individuals shall be provided with a copy of this 17 Protective Order. 18 3. Except for disclosure to the persons and agencies described in 19 Paragraph 2, disclosure of the contents of the documents and testimony and the 20 documents and testimony themselves shall not be made to any other persons or 21 agencies, including but not limited to, prosecutorial agencies or law enforcement 22 personnel, without the Court's order or permission from Petitioner's counsel. 23 4. Documents and testimony that Petitioner contends are privileged shall 24 be clearly designated as such by labeling the documents or testimony in a manner 25 that does not prevent reading the text of the documents. 26 5. All documents and testimony designated as privileged by Petitioner 27 that are submitted to this Court shall be submitted under seal in a manner reflecting 28 their confidential nature and designed to ensure that the privileged material will not
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1 become part of the public record. Privileged testimony shall be clearly designated 2 as such by marking the transcript of the proceeding. Any pleading or other papers 3 served on opposing counsel or lodged with the Court that contains or reveals the 4 substantive content of the privileged matter shall be filed under seal pursuant to the 5 Local Rules and shall include a separate caption page that includes the following 6 confidentiality notice or its equivalent: 7 8 9 10 11 12 13 "TO BE FILED UNDER SEAL THIS PLEADING OR DOCUMENT CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO A PROTECTIVE ORDER (DOCKET NO. __) AND IS NOT TO BE OPENED NOR ITS CONTENTS DISPLAYED OR DISCLOSED" 6. If privileged documents or documents containing privileged matters

14 are filed with this Court, they shall be filed with the clerk of the Court in sealed 15 envelopes prominently marked with the caption of this case and the foregoing 16 Confidentiality Notice. Insofar as reasonably feasible, only confidential portions 17 of the filings shall be under seal; and the parties shall tailor their documents to 18 limit, as much as practicable, the quantity of material that is to be filed under seal. 19 When a pleading or documents contains only a limited amount of privileged 20 content, a party may file a complete copy under seal and at the same time file on 21 the public record an additional, redacted version of the document, blocking out the 22 limited matter comprising the confidential portions. 23 7. Petitioner's disclosure of documents from trial counsel's file in this 24 action, and any related testimony by Petitioner or his trial counsel at the 25 evidentiary hearing in this case, does not constitute a waiver of Petitioner's rights 26 under the Fifth and Sixth Amendments to the United States Constitution in the 27 event of any retrial. 2 8 //
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8.

This order shall continue in effect after the conclusion of the habeas

2 corpus proceedings and specifically shall apply in the event of a retrial of all or any 3 portion of Petitioner's criminal case, People v. Platas, Case No. SA039015 (Los 4 Angeles Superior Court). Any modification or vacation of this order shall only be 5 made upon notice to and an opportunity to be heard from both parties. 6 7 8 9 Date: __Oct. 24, 2008______ 10 11 Presented By: 12 /s/ 13 Joseph Trigilio 14 Counsel for Petitioner 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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SO ORDERED. __________/S/___________________ HON. CARLA M. WOERHLE Magistrate Judge

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PROOF OF SERVICE I, ROSANA ALVARADO, declare that I am a resident or employed in Los Angeles

3 County, California; that my business address is the Office of the Federal Public Defender, 321 4 East 2nd Street, Los Angeles, California 90012-4202, Telephone No. [phone]; that I am 5 over the age of eighteen years; that I am not a party to the action entitled below; that I am 6 employed by the Federal Public Defender for the Central District of California, who is a member 7 of the Bar of the United States District Court for the Central District of California, and at whose 8 direction I served a copy of the attached [PROPOSED] PROTECTIVE ORDER RE: 9 LIMITED WAIVER OF ATTORNEY-CLIENT PRIVILEGE FOR 10 PURPOSE OF EVIDENTIARY HEARING on the following individual(s) by: 11 [] Placing same in a 12 13 14 15 Victor Platas T-24312 16 P.O. Box 5242 Corcoran, CA 93212 17 18 19 21 22 23 24 25 26 27 28
5 This proof of service is executed at Los Angeles, California, on October 23, 2008. I declare under penalty of perjury that the foregoing is true and correct to the best of my sealed envelope for collection and interoffice delivery addressed as follows: [] Placing same in an envelope for handdelivery addressed as follows: [X] Placing same in a sealed envelope for collection and mailing via the United States Post Office, addressed as follows: [] Faxing same via facsimile machine addressed as follows:

2 0 knowledge.
Rosana Alvarado ROSANA ALVARADO