Phillip Morris Jr. v. James Tilton et al

Filing 211

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order 210 ; See order for details. (jy)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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9 PHILLIP MORRIS, JR.,
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Plaintiff,

CV 08-2823-DOC (SS)

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[PROPOSED] ORDER ON
STIPULATED PROTECTIVE
ORDER

vs.

12 R. A. WHITE, et al.,
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Defendants.

[Stipulated Protective Order Filed
Concurrently Herewith]

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Courtroom: 23- Third Floor
Magistrate Judge: The Honorable
Suzanne H. Segal

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Hearing: N/A

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ORDER
Based on the stipulation of the parties filed concurrently herewith, and for

20 good cause shown, the Court makes the following orders:
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1.

In connection with discovery proceedings in this action, the parties

22 may designate any document, thing, material, testimony, or other information
23 derived from them, as “Confidential” under the terms of this Stipulated Protective
24 Order (Order). Confidential information is information that has not been made
25 public or that concerns or relates to the processes, operations, investigations, or
26 other information relating to the California Department of Corrections and
27 Rehabilitation, disclosure of which may have the effect of causing harm to the
28 safety and security of the prison, prison staff, inmates, the public, Plaintiff, or
LA\2442399.1

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STIPULATED PROTECTIVE ORDER
CASE NO. CV 08-2823-DOC (SS)

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Defendants. Confidential information is also personal information of the
Defendants, including but not limited to home addresses, social security numbers,
telephone numbers, email addresses, names or identifying information of family
members, the disclosure of which places the safety of Defendants, who are current
and former peace officers, and their family members at risk. Confidential
information also includes all personal identifying information of any inmate,
current or former California Department of Corrections employee, and any third
party entitled to confidential protection of personal identifying information under
California and/or applicable federal law. Defendants reserve the right to redact
such personal identifying information from any “Confidential” document.

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By designating a document, thing, material, testimony or other
information derived from them as “Confidential,” under the terms of this Order,
the party making the designation is certifying to the Court that there is a good-faith
basis both in law and in fact for the designation within the meaning of Federal Rule
of Civil Procedure 26.
2.

Confidential documents will be designated by stamping copies of the

document produced to a party with the legend “CONFIDENTIAL.” Stamping the
legend “CONFIDENTIAL” on each page of any multipage document will
designate all pages of the document as confidential.
3.

The parties may further designate certain discovery material or

testimony of a highly confidential as “CONFIDENTIAL—ATTORNEY’S EYES
ONLY” (Attorney’s Eyes Only Material), in the manner described in paragraph
two. Attorney’s Eyes Only Material, and the information contained in them, may
be disclosed only to the Court, to counsel for the parties (including the paralegal,
clerical, and secretarial staff employed by counsel), and to the “qualified persons”
listed in subparagraphs 6(a) through (c) below, but will not be disclosed to a party,
unless otherwise agreed or ordered. If disclosure of Attorney’s Eyes Only Material
LA\2442399.1

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[PROPOSED] ORDER ON STIPULATED PROTECTIVE
ORDER
CASE NO. CV 08-2823-DOC (SS)

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is made, all other provisions in this Order with respect to confidentiality will also
apply.
4.

designated as Confidential or Attorney’s Eyes Only by making a statement to that
effect on the record at the deposition or other proceeding. Arrangements will be
made with the court reporter taking and transcribing the proceeding to separately
bind portions of the transcript containing information designated as Confidential or
Attorney’s Eyes Only, and to label the separately bound portions appropriately.
Defendants, and employees of the California Department of Corrections and
Rehabilitation, will not be required to disclose confidential personal information,
as described in paragraph one, in response to discovery, including questioning at
deposition, or trial, without the protections for “Confidential” or “Attorney’s Eyes
Only” information required by this Stipulated Protective Order. Contact with
Defendants and all other employees or officers of the California Department of
Corrections and Rehabilitation will be made through the Office of the Attorney
General.
5.

Material designated as Confidential or Attorney’s Eyes Only under

this Order, the information contained in them, and any summaries, copies,
abstracts, or other documents derived in whole or in part from material designated
as Confidential (Confidential Material) or Attorney’s Eyes Only (Attorney’s Eyes
Only Material) may be used only for the purpose of prosecution, defense, or
settlement of this action, but for no other purpose.
6.

Any Confidential or Attorney’s Eyes Only Materials will be disclosed

or made available only to counsel for a party (including the paralegal, clerical, and
secretarial staff employed by such counsel), and to the “qualified persons”
designated below:

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Testimony taken at a deposition, conference, hearing or trial may be

a) experts (together with their clerical staff) retained by counsel to assist
LA\2442399.1

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[PROPOSED] ORDER ON STIPULATED PROTECTIVE
ORDER
CASE NO. CV 08-2823-DOC (SS)

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in the prosecution, defense, or settlement of this action;

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b) court reporter(s) employed in this action;

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c) any other person about whom the parties in writing agree.

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Prior to receiving any Confidential or Attorney’s Eyes Only Material,
each “qualified person” will be provided with a copy of this Order and will execute
a nondisclosure agreement in the form of Attachment A. A copy of the executed
agreement will be provided to counsel for each other party.
7.

If there is a dispute about the disclosure of Confidential Material or

Attorney’s Eyes Only Material to opposing counsel, the material will be submitted
to the Court for in camera review if a motion is presented to the Court under FRCP
37(a). Following in camera review, any Confidential or Attorney’s Eyes Only
Materials deemed relevant and ordered disclosed by the Court will be designated
“Confidential” or “Attorney’s Eyes Only,” by the producing party and disclosed or
made available as provided in paragraph 6.
8.

Depositions will be taken only in the presence of qualified persons.

9.

Nothing in this Stipulated Protective Order will impose any

restrictions on the use or disclosure by a party of material obtained by the party
independent of discovery in this action, or from disclosing its own Confidential
Material as it deems appropriate.
10.

If Confidential or Attorney’s Eyes Only Material, including any

portion of a deposition transcript designated as Confidential or Attorney’s Eyes
Only, is included in any papers to be filed in Court, such papers will be labeled
“Confidential—Subject to Court Order” and filed under seal, according to the
procedure set out in the Local Rules of Court, until further order of this Court.
11.

In the event that any Confidential or Attorney’s Eyes Only Material is

used in any court proceeding in this action, it will not lose its confidential status
through such use, and the party using the material will take all reasonable steps to
LA\2442399.1

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[PROPOSED] ORDER ON STIPULATED PROTECTIVE
ORDER
CASE NO. CV 08-2823-DOC (SS)

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maintain its confidentiality during such use.
12.

This Order will be without prejudice to the right of the parties (i) to

bring before the Court at any time a question of whether any particular document
or information is confidential or whether its use should be restricted or (ii) to
present a motion to the Court under FRCP 26(c) for a separate protective order as
to any particular document or information, including restrictions differing from
those as specified herein. This Order will not prejudice the parties in any way in
any future application for modification of this Order.
13.

This Order is entered solely for the purpose of facilitating the

exchange of documents and information between the parties to this action.
Nothing in this Order, or the production of any information or document under the
terms of this Order, or any proceedings under this Order will be deemed as an
admission or a waiver by any party, and will not alter the confidentiality or
nonconfidentiality or any such document or information or alter any existing
obligation of any party or the absence of obligation.
14.

This Order will survive the final termination of this action, to the

extent that the information contained in Confidential or Attorney’s Eyes Material is
not or does not become known to the public, and the Court will retain jurisdiction
to resolve any dispute concerning the use of information disclosed under this
Order. On termination of this case, including and up to the final appeal of
judgment, counsel for the parties will assemble and return to each other, within
thirty days, all documents, material and deposition transcripts designated as
Confidential or Attorney’s Eyes Only and all copies of those materials, or will
certify that they have been destroyed.
15.

Absent written permission by the designating party or Court order,

information or items designated as Confidential Material and/or Attorney’s Eyes
Only Material will not be shown or otherwise disclosed to Plaintiff or any other
LA\2442399.1

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[PROPOSED] ORDER ON STIPULATED PROTECTIVE
ORDER
CASE NO. CV 08-2823-DOC (SS)

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inmates or third parties. The parties agree that any document, thing, material, or
testimony of inmate interviews designated as Confidential under this Order will
only be discussed with Plaintiff to the extent necessary to question him about the
incident and prepare him for trial. However, in no event shall the identity of an
inmate be disclosed to Plaintiff or third parties absent written agreement or a court
order authorizing the disclosure. Plaintiff may not retain copies of any document
or material. Counsel for Plaintiff may have and retain copies of any material
designated for protection under this order.

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IT IS SO ORDERED.

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_______/S/________________
Hon. Suzanne H. Segal
United States Magistrate Judge

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LA\2442399.1

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[PROPOSED] ORDER ON STIPULATED PROTECTIVE
ORDER
CASE NO. CV 08-2823-DOC (SS)