Cristina Gutierrez et al v. County of Los Angeles et al

Filing 24

STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order 23 **NOTE CHANGES MADE BY THE COURT** (ch)

1 Thomas C. Hurrell, State Bar No. 119876
E-Mail: [e-mail]
2 Mariam Kaloustian, State Bar No. 236702
E-Mail: [e-mail]
3 Erica Bianco, State Bar No. 254988
E-Mail: [e-mail]
4 HURRELL CANTRALL LLP
700 South Flower Street, Suite 900
5 Los Angeles, California 90017-4121
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendants COUNTY OF LOS ANGELES, DEPUTY REYES,
DEPUTY D. PAYNE, DEPUTY STEVE SUZUKI and CAPTAIN MATT DENDO
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

HURRELL CANTRALL LLP

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CRISTINA GUTIERREZ, HECTOR
13 GUTIERREZ SR., HECTOR
GUTIERREZ JR.,
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Plaintiffs,
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v.
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COUNTY OF LOS ANGELES, Deputy
17 REYES #480735, individually and as a
peace officer, Deputy D. PAYNE
18 #470624 individually and as a peace
officer, STEVE SUZUKI #259461,
19 CAPTAIN MATT DENDO and DOES
1 through 10, inclusive,
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Defendants.
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CASE NO. CV10-07589 CAS (PLAx)
STIPULATED PROTECTIVE
ORDER
**NOTE CHANGES MADE
BY THE COURT**

After full consideration of the stipulation by the parties for a protective order,

23 and for good cause shown, IT IS HEREBY ORDERED that:
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1.

In connection with informal or formal disclosure of documents and

25 other materials in this action (including but not limited to those specified in
26 Fed.R.Civ.P. 26(a)(1)(A)(ii) and 34(a)(1)(A) and (B)), and, in connection with
27 discovery proceedings in this action, the parties may designate any document, thing,
28 material, testimony, or other information derived therefrom, as "Confidential" under

1 the terms of this Stipulated Protective Order (hereinafter "Order"). Confidential
2 information is information which has not been made public, and which contains
3 private, personal, proprietary, or otherwise sensitive information, the disclosure of
4 which may have the effect of causing harm to the parties or other entities or persons.
5 By designating a document, thing, material, testimony, or other information derived
6 therefrom as "Confidential" under the terms of this Order, the party making the
7 designation is certifying to the Court that there is a good-faith basis both in law and
8 in fact for the designation within the meaning of Federal Rule of Civil Procedure
9 26(g).

700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

GOOD CAUSE STATEMENT:

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HURRELL CANTRALL LLP

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2.

Good cause exists for entry of this Order. As for defendants, they

12 expect to produce, among other things, materials comprising internal reports, COLA
13 policies, and other documentation regarding the search which is the subject of this
14 action which COLA believes in good faith constitute or embody confidential
15 information, personnel records and/or other materials that are entitled to privileges
16 and/or protections against discovery or disclosure by the United States Constitution,
17 First Amendment; the California Constitution, Article I, Section 1; California Penal
18 Code Sections 832.5, 832.7 and 832.8; California Evidence Code Sections 1040 and
19 1043 et. seq; the Official Information Privilege; the right to privacy; and decisional
20 law relating to such provisions, which matter is not generally known and which
21 COLA would not voluntarily reveal to third parties and therefore is entitled to
22 heightened protection from disclosure, are to be designated as “confidential
23 material.”
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In addition, these materials contain the names and other identifying

25 information of law enforcement personnel who responded to the probation
26 conditions search, and who thereafter conducted the search. Limiting disclosure of
27 their identities to the context of this litigation as provided herein will, accordingly,
28 further important law-enforcement objectives and interests.
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As for plaintiffs, they expect to produce, among other things, personal

2 medical records and bills relating to the care counseling Cristina Gutierrez received
3 following the incident. These records and bills would contain sensitive medical and
4 financial information that plaintiffs desire to be kept confidential and disclosed only
5 in the context of this litigation.
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3.

Confidential documents shall be so designated by stamping copies of

7 the document or material produced by a party with the legend "CONFIDENTIAL."
8 Stamping the legend "CONFIDENTIAL" on the cover of any multipage document
9 or any multi-volume material, shall designate all pages of the document and all
10 volumes of the material as confidential, unless otherwise indicted by the producing

700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

HURRELL CANTRALL LLP

11 party.
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4.

Testimony taken at a deposition may be designated as Confidential by

13 making a statement to that effect on the record at the deposition. Arrangements
14 shall be made with the court reporter transcribing the deposition to separately bind
15 such portions of the transcript containing information designated as Confidential,
16 and to label such portions appropriately.
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5.

Material designated as "Confidential" under this Order, the information

18 contained therein, and any summaries, copies, abstracts, or other documents derived
19 in whole or in part from material designated as Confidential (hereinafter
20 "Confidential Material") shall be used solely for the purpose of litigating this action,
21 and for no other action or purpose.
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6.

Confidential Material produced in this action may be disclosed or made

23 available to the following persons (hereinafter "Qualified Persons"):
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a.

Each lawyer for a party in this action, including outside and

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in-house lawyers and other lawyers regularly employed in their

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offices, and such lawyers' staff to whom it is necessary that

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materials be disclosed for purposes of this litigation, including

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paralegals, assistants, secretaries, and document clerks;
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b.

party deemed necessary by counsel to work on this action;

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Each party, partner, officer, director, agent, or employee of a

c.

Independent experts or consultants retained by counsel for the

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purpose of assisting in this litigation, including their staff to

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whom it is necessary that materials be disclosed for purposes

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of this litigation, but only to the extent necessary for such expert

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or consultant to perform his or her assigned tasks in connection

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with this litigation;

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d.

deposition or testimony at trial or a hearing in this litigation;

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700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

HURRELL CANTRALL LLP

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Any party-affiliated witness in preparation for his or her

e.

Mediators, arbitrators, or similar outside parties and their staffs
enlisted by all parties to assist in the resolution of this litigation;

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f.

The Court and its personnel; and

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g.

Court reporters and stenographers employed in this action.

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Prior to receiving any Confidential Material, Qualified Persons identified in

16 Paragraphs 6b, 6c, 6d, and 6e above shall execute a nondisclosure agreement in the
17 form of Attachment A, a copy of which shall be provided to counsel for each other
18 party within ten (10) days.
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7.

The parties may further designate certain documents, materials, or

20 testimony of a highly confidential, sensitive, or proprietary nature as
21 "CONFIDENTIAL—ATTORNEY'S EYES ONLY" (hereinafter "Attorney's Eyes
22 Only Material), which may be disclosed only to Qualified Persons identified in
23 Paragraphs 6a, 6c, 6d, 6e, 6f, and 6g, but shall not be disclosed to Qualified Persons
24 identified in Paragraph 6b. If disclosure of Attorney's Eyes Only Material is made,
25 all other provisions of this Stipulation shall also apply.
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8.

Any party intending to file any material that constitutes or contains

27 Confidential Material or Attorney's Eyes Only Material shall file it under seal in
28 compliance with Central District Local Rule 79-5.1. The application to file the
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1 confidential material under seal must show good cause for the under seal filing.
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9.

This Order shall not impose any restrictions on the use of or disclosure

3 by a party of Confidential Material or Attorney's Eyes Only Material obtained by
4 such party independent of discovery in this action, whether or not such material is
5 also obtained through discovery in this action, or from disclosing its own
6 Confidential Material or Attorney's Eyes Only Material as it deems appropriate.
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10.

The manner or presentation and use of Confidential or Attorneys Eyes

8 Only (AEO) Information at trial will be addressed by the trial judge. The Parties
9 reserve the right to move the Court for specific treatment of Confidential or AEO
10 Information during Court hearings or trial.

700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

HURRELL CANTRALL LLP

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11.

This Order shall be without prejudice to the right of a party (i) to bring

12 before the Court at any time the question of whether any particular document or
13 material is confidential or whether its use should be restricted, provided however,
14 that such document or material shall remain confidential and its use restricted, as
15 provided for herein, until such time as the court has ruled on the question presented,
16 or (ii) to present a motion to the Court under Federal Rule of Civil Procedure 26(c)
17 for a separate protective order as to any particular document, material, or
18 information, including restrictions differing from those specified herein. This Order
19 shall not be deemed to prejudice the parties in any way in any future application for
20 modification of this Order. Any motion must comply with Local Rule 37.
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12.

This Order is entered solely for the purpose of facilitating the exchange

22 of documents, material, and information between the parties to this action without
23 involving the Court unnecessarily in the process. Neither this Order, nor the
24 production of any document, material, or information, shall be deemed to have the
25 effect of an admission or waiver by either party, or of altering the confidentiality or
26 non-confidentiality of any such document, material, or information, or altering any
27 existing obligation of any party or the absence thereof.
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1

13.

Within sixty (60) days after the conclusion of this action, including any

2 appeals, a party to whom Confidential Material or Attorney's Eyes Only Material
3 has been produced shall return all such material, including copies thereof, to the
4 producing party.
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14.

This Order shall survive the conclusion of this action, including any

6 appeals, to the extent that information comprising or contained in Confidential
7 Material or Attorney's Eyes Only Material does not become public. The Court shall
8 retain jurisdiction to resolve any dispute concerning compliance with the terms and
9 conditions of this Order, including any alleged violation thereof.
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IT IS SO ORDERED:

700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

HURRELL CANTRALL LLP

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DATED: June 16, 2011
HON. JUDGE PAUL L. ABRAMS
United States Magistrate Judge

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ATTACHMENT A

2 NONDISCLOSURE AGREEMENT:
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I, ______________________________, am familiar with the terms of the

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.
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9 Dated: _________________________

___________________________

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700 SOUTH FLOWER STREET, SUITE 900
LOS ANGELES, CALIFORNIA 90017-4121
TELEPHONE [phone]

HURRELL CANTRALL LLP

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