J. H. et al v. County of Los Angeles et al

Filing 24

STIPULATED PROTECTIVE ORDER by Magistrate Judge Carla Woehrle: IT IS HEREBY ORDERED that: 1. In connection with informal or formal disclosure of documents and other materials in this action (including but not limited to those specified in FRCP 26(a)( 1)(A)(ii) and 34(a)(1)(A) and (B)), and, in connection with discovery proceedings in this action, the parties may designate any document, thing, material, testimony, or other information derived therefrom, as "Confidential" under the terms of this Stipulated Protective Order. (See document for further details.) (pcl)

1 Thomas C. Hurrell, State Bar No. 119876 E-Mail: [e-mail] 2 Blair L. Schlecter, State Bar No. 233684 E-Mail: [e-mail] 3 Dorothy Hassaram, State Bar No. 254025 E-Mail: [e-mail] 4 HURRELL CANTRALL LLP 660 South Figueroa Street, 21st Floor 5 Los Angeles, California 90017-3442 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Defendants COUNTY OF LOS ANGELES and LEROY BACA 8
660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION CASE NO. CV08-03909 DDP (CWx) STIPULATED PROTECTIVE ORDER

12 J.H., by and through his Conservator, JENNIFER BALLESTEROS, and 13 LOUANNE HENDERSON, 14 15 v. Plaintiffs,

16 COUNTY OF LOS ANGELES, LEROY BACA, in his individual and 17 official capacity, and DOES 1-50, inclusive, 18 Defendants. 19 20 22 After full consideration of the stipulation by the parties for a protective order, 1. In connection with informal or formal disclosure of documents and 21 and FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that: 23 other materials in this action (including but not limited to those specified in 24 Fed.R.Civ.P. 26(a)(1)(A)(ii) and 34(a)(1)(A) and (B)), and, in connection with 25 discovery proceedings in this action, the parties may designate any document, thing, 26 material, testimony, or other information derived therefrom, as "Confidential" under 27 the terms of this Stipulated Protective Order (hereinafter "Order"). Confidential 28 information is information which has not been made public, and which contains

1 private, personal, proprietary, or otherwise sensitive information, the disclosure of 2 which may have the effect of causing harm to the parties or other entities or persons. 3 By designating a document, thing, material, testimony, or other information derived 4 therefrom as "Confidential" under the terms of this Order, the party making the 5 designation is certifying to the Court that there is a good-faith basis both in law and 6 in fact for the designation within the meaning of Federal Rule of Civil Procedure 7 26(g). 8
660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

GOOD CAUSE STATEMENT: 2. Good cause exists for entry of this Order. As for defendants, they

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10 expect to produce, among other things, materials comprising incident reports and 11 recorded interviews of inmates who witnessed the inmate-on-inmate attack on 12 plaintiff Henderson which is the subject of this action. In these materials, the names 13 and identifying information of the inmates who were interviewed are referenced or 14 disclosed. Some of the inmates who were interviewed not only describe the details 15 of what events sparked the attack and how it unfolded, but also identify one or more 16 persons who allegedly took part in the attack. Should the information provided by 17 these inmates and their cooperation in the investigation of the incident not be kept 18 confidential and disclosed only within the context of this litigation as provided 19 herein, it could pose a substantial serious risk to their personal safety and well20 being, whether they remain incarcerated or not. 21 In addition, these materials contain the names and other identifying 22 information of law enforcement personnel who responded to the attack, and who 23 thereafter investigated the incident and interviewed inmate witnesses. Limiting 24 disclosure of their identities to the context of this litigation as provided herein will, 25 accordingly, further important law-enforcement objectives and interests. 26 As for plaintiffs, they expect to produce, among other things, personal 27 medical records and bills relating to the care plaintiff Henderson received following 28 the attack. These records and bills would contain sensitive medical and financial -2-

1 information that plaintiffs desire to be kept confidential and disclosed only in the 2 context of this litigation. 3 3. Confidential documents shall be so designated by stamping copies of 4 the document or material produced by a party with the legend "CONFIDENTIAL." 5 Stamping the legend "CONFIDENTIAL" on the cover of any multipage document 6 or any multi-volume material, shall designate all pages of the document and all 7 volumes of the material as confidential, unless otherwise indicted by the producing 8 party.
660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

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4.

Testimony taken at a deposition may be designated as Confidential by

10 making a statement to that effect on the record at the deposition. Arrangements 11 shall be made with the court reporter transcribing the deposition to separately bind 12 such portions of the transcript containing information designated as Confidential, 13 and to label such portions appropriately. 14 5. Material designated as "Confidential" under this Order, the information 15 contained therein, and any summaries, copies, abstracts, or other documents derived 16 in whole or in part from material designated as Confidential (hereinafter 17 "Confidential Material") shall be used solely for the purpose of litigating this action, 18 and for no other action or purpose. 19 21 22 23 24 25 26 27 28 c. b. 6. a. Confidential Material produced in this action may be disclosed or made Each lawyer for a party in this action, including outside and in-house lawyers and other lawyers regularly employed in their offices, and such lawyers' staff to whom it is necessary that materials be disclosed for purposes of this litigation, including paralegals, assistants, secretaries, and document clerks; Each party, partner, officer, director, agent, or employee of a party deemed necessary by counsel to work on this action; Independent experts or consultants retained by counsel for the -320 available to the following persons (hereinafter "Qualified Persons"):

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660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

purpose of assisting in this litigation, including their staff to whom it is necessary that materials be disclosed for purposes of this litigation, but only to the extent necessary for such expert or consultant to perform his or her assigned tasks in connection with this litigation; d. e. f. g. Any party-affiliated witness in preparation for his or her deposition or testimony at trial or a hearing in this litigation; Mediators, arbitrators, or similar outside parties and their staffs enlisted by all parties to assist in the resolution of this litigation; The Court and its personnel; and Court reporters and stenographers employed in this action.

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Prior to receiving any Confidential Material, Qualified Persons identified in

13 Paragraphs 6b, 6c, 6d, and 6e above shall execute a nondisclosure agreement in the 14 form of Attachment A, a copy of which shall be provided to counsel for each other 15 party within ten (10) days. 16 7. The parties may further designate certain documents, materials, or 17 testimony of a highly confidential, sensitive, or proprietary nature as 18 "CONFIDENTIAL--ATTORNEY'S EYES ONLY" (hereinafter "Attorney's Eyes 19 Only Material), which may be disclosed only to Qualified Persons identified in 20 Paragraphs 6a, 6c, 6d, 6e, 6f, and 6g, but shall not be disclosed to Qualified Persons 21 identified in Paragraph 6b. If disclosure of Attorney's Eyes Only Material is made, 22 all other provisions of this Stipulation shall also apply. 23 8. Any party intending to file any material that constitutes or contains 24 Confidential Material or Attorney's Eyes Only Material shall file it under seal in 25 compliance with Central District Local Rule 79-5.1. 26 9. This Order shall not impose any restrictions on the use of or disclosure 27 by a party of Confidential Material or Attorney's Eyes Only Material obtained by 28 such party independent of discovery in this action, whether or not such material is -4-

1 also obtained through discovery in this action, or from disclosing its own 2 Confidential Material or Attorney's Eyes Only Material as it deems appropriate. 3 10. In the event that any Confidential Material or Attorney's Eyes Only 4 Material is used in any court proceeding in this action, it shall not lose its 5 confidential status through such use, and the party using such material shall take all 6 reasonable steps to maintain its confidentiality during such use. 7 11. This Order shall be without prejudice to the right of a party (i) to bring 8 before the Court at any time the question of whether any particular document or
660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

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9 material is confidential or whether its use should be restricted, provided however, 10 that such document or material shall remain confidential and its use restricted, as 11 provided for herein, until such time as the court has ruled on the question presented, 12 or (ii) to present a motion to the Court under Federal Rule of Civil Procedure 26(c) 13 for a separate protective order as to any particular document, material, or 14 information, including restrictions differing from those specified herein. This Order 15 shall not be deemed to prejudice the parties in any way in any future application for 16 modification of this Order. 17 12. This Order is entered solely for the purpose of facilitating the exchange 18 of documents, material, and information between the parties to this action without 19 involving the Court unnecessarily in the process. Neither this Order, nor the 20 production of any document, material, or information, shall be deemed to have the 21 effect of an admission or waiver by either party, or of altering the confidentiality or 22 non-confidentiality of any such document, material, or information, or altering any 23 existing obligation of any party or the absence thereof. 24 13. Within sixty (60) days after the conclusion of this action, including any 25 appeals, a party to whom Confidential Material or Attorney's Eyes Only Material 26 has been produced shall return all such material, including copies thereof, to the 27 producing party. 28 14. This Order shall survive the conclusion of this action, including any -5-

1 appeals, to the extent that information comprising or contained in Confidential 2 Material or Attorney's Eyes Only Material does not become public. The Court shall 3 retain jurisdiction to resolve any dispute concerning compliance with the terms and 4 conditions of this Order, including any alleged violation thereof. 5 6 7 8
660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

IT IS SO ORDERED: DATED: __February 2, 2009 /S/ HON. JUDGE CARLA WOEHRLE United States Magistrate Judge

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ATTACHMENT A I, ______________________________, am familiar with the terms of the

2 NONDISCLOSURE AGREEMENT: 4 foregoing Stipulated Protective Order entered in the above-captioned action, and 5 agree to comply with and be bound by its terms and conditions, unless modified by 6 further order of the Court. I consent to the jurisdiction of the Court for the purpose 7 of enforcement of the Stipulated Protective Order. 8
660 SOUTH FIGUEROA STREET, 21ST FLOOR LOS ANGELES, CALIFORNIA 90017-3442 TELEPHONE [phone]

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9 Dated: _________________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-

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