Jerry Alexander et al v. City of Anaheim et al

Filing 34

PROTECTIVE ORDER Pursuant to Stipulation (See modifications) by Magistrate Judge Arthur Nakazato 29 . (See Order for details) (db)

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CRISTINA L. TALLEY, CITY ATTORNEY MOSES W. JOHNSON, IV, ASSISTANT CITY ATTORNEY STATE BAR NO. 118769 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 [phone] [phone] FAX [e-mail] Attorneys for Defendant CITY OF ANAHEIM

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA JERRY ALEXANDER, individually, and SHERYL BELL, individually, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV08-08596 DOC(ANx) PROTECTIVE ORDER PURSUANT TO STIPULATION (See modifications) SCHEDULING CONFERENCE DATE: August 31, 2009 TIME: 8:30 a.m. CTRM: 9D

Plaintiffs, vs. CITY OF ANAHEIM, and DOES 1 through 10, Inclusive Defendants.

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The parties, Plaintiffs JERRY ALEXANDER and SHERYL BELL

2 ("Plaintiffs"), and Defendant CITY OF ANAHEIM ("City") through 3 their respective attorneys of record, agree that the following 4 protective order be issued in this matter pursuant to Rule 5 26(c)(7) of the Federal Rules of Civil Procedure. 6 1. This Protective Order applies to and governs the use of

7 law enforcement investigative reports and records concerning the 8 shooting of Julian Carter Alexander which are being produced to 9 Plaintiffs by the City. This Order shall also apply to and

10 govern any other investigative or law enforcement reports or 11 records subsequently produced to Plaintiffs by the City 12 concerning the shooting of Julian Alexander or its aftermath 13 (hereinafter referred to as "Confidential Information"), 14 including but not limited to, reports or memoranda prepared by 15 the Anaheim Police Department or the Orange County District 16 Attorney's Office. 17 The term Confidential Information shall mean and include

18 the documents listed above, any and all portions thereof, and 19 all documents of whatever kind containing information set forth 20 in or obtained from these documents. 21 2. Plaintiffs' counsel shall use the Confidential

22 Information solely for the purposes of this litigation, and 23 shall not disclose any portion of the Confidential Information 24 to any other person, firm or corporation except: 25 a. Bona fide employees of counsel's law offices, and

26 then only to the extent necessary to enable said persons to 27 assist in litigation of this action; 28 b. Plaintiffs, to the extent deemed necessary by

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1 counsel for the prosecution of this litigation; 2 3 action; 4 5 action; or 6 7 3. e. The Court. d. Consultants retained by the parties to this c. Expert witnesses employed by the parties to this

All persons described in paragraph 2 (a) through (d)

8 above shall not disclose any portion of said Confidential 9 Information and shall not use any information obtained therefrom 10 except in conformance with this Protective Order and for 11 purposes of this litigation. Any party who discloses

12 Confidential Information to any person described in paragraph 2 13 (a) through (e) (d) shall advise such person that said matters 14 constitute Confidential Information which may be used only for 15 the litigation of this action, and shall, prior to disclosure of 16 the Confidential Information, have such person execute a written 17 Understanding and Agreement to be bound by this Stipulation for 18 Protective Order in the form attached hereto as Exhibit 1. 19 4. Any deposition testimony that encompasses or concerns

20 Confidential Information shall be transcribed in a separate 21 booklet that is marked on its cover "Confidential: Do not 22 Disclose by Court Order." In addition, any documents containing

23 Confidential Information that are submitted to the Court shall 24 be filed or lodged in a sealed envelope mared "Confidential: 25 Subject to Protective Order." for filing must be submitted in 26 accordance with Local Rule 79-5. 27 5. The attorneys for Plaintiffs are directed to retain all

28 copies of documents, notes, or summaries containing Confidential

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1 Information in their custody, possession and control and to take 2 the necessary precautions to prevent persons not authorized as 3 provided above from obtaining access to any such Confidential 4 Information. 5 6. Production of the Confidential Information protected by

6 this Stipulated Agreement and Order shall not constitute a 7 waiver of any privileged or confidentiality or privacy right. 8 The parties retain the right to assert all substantive 9 objections to the Confidential Information, including but not 10 limited to, relevancy, hearsay, privacy, privilege, and Rule 403 11 of the Federal Rules of Evidence. 12 7. At the conclusion of this action, all documents

13 containing Confidential Information, all copies and extracts 14 thereof, with the exception of those documents affected by the 15 attorney work-product doctrine or attorney-client privilege, 16 shall be returned to counsel for the City. As to those

17 documents protected by the attorney work-product doctrine or 18 attorney-client privilege, Plaintiffs and their counsel agree 19 that any and all such documents shall either be redacted and 20 returned to the City or shall be destroyed. If destroyed, one

21 copy of these documents, as produced to Plaintiffs, will be 22 maintained by the City and available for Plaintiffs or their 23 counsel's use for one year after the resolution of this action 24 between the parties, pursuant to the terms of this Protective 25 Order, in, and upon proof of, a malpractice action between 26 Plaintiffs and their counsel that is related to the above 27 captioned matter. 28 8. It would be extremely difficult and impractical, if not

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1 impossible, to ascertain with any degree of certainty as of the 2 date of execution of this Protective Order, the amount of 3 damages that will be suffered in the event that the Plaintiffs, 4 their counsel, or the parties specified under paragraph 2 above 5 violate this Protective Order. Accordingly, if this Protective

6 Order is breached by Plaintiffs, their counsel, or other parties 7 specified under paragraph 2 above, the breaching party shall be 8 obligated to pay the City a cash severance payment of liquidated 9 damages in the amount of $5,0000.00 for each such breach. 10 IT IS SO STIPULATED. CRISTINA L. TALLEY, CITY ATTORNEY BY *** MOSES W. JOHNSON, IV Assistant City Attorney Attorneys for Defendant CITY OF ANAHEIM

11 DATED: August 14, 2009 12 13 14 15 16 17 18 19 20 21 Dated: August , 2009

LAW OFFICE OF RICHARD P. HERMAN By: *** RICHARD P. HERMAN Attorney for Plaintiffs JERRY ALEXANDER AND SHERYL BELL

*** e-filed original stipulation signed by counsel. ORDER

22 As modified by the Court, IT IS SO ORDERED: 23 24 DATED: 25 26 27 28 August 19, 2009 HON. ARTHUR NAKAZATO UNITED STATES MAGISTRATE JUDGE

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