Christian Rodriguez et al v. City of Los Angeles et al

Filing 31

PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order 29 . (san)

CARMEN A. TRUTANICH, City Attorney (SBN # 86629x)
GARY G. GEUSS, Chief Assistant City Attorney (SBN 128022)
2 CORY M. BRENTE, Assistant City Attorney
RENA M. SHAHANDEH, Deputy City Attorney (SBN - 198072)
3 200 North Main Street, 6th Floor, City Hall East
Los Angeles, CA 90012
4 Tel: [phone] Fax: [phone]
e-mail: [e-mail]
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Attorneys for Defendants CITY OF LOS ANGELES, LOS ANGELES POLICE
DEPARTMENT, LOS ANGELES CITY ATTORNEY’S OFFICE, CARMEN
TRUTANICH, CHARLES BECK, ALLAN NADIR AND ANGEL GOMEZ

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CHRISTIAN RODRIGUEZ, ALBERTO
CAZAREZ, individually and as class
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Plaintiff,
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vs.
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CITY OF LOS ANGELES, CARMEN
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TRUTANICH, CHARLES BECK, ALLAN )
NADIR, ANGEL GOMEZ AND DOES 1 )
THROUGH 10.
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Defendants.
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___________________________________ )

CASE NO. CV11-01135 DMG(JEMx)
Assigned to Honorable Dolly M. Gee
[PROPOSED] PROTECTIVE
ORDER
DISCOVERY MATTER

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
After reviewing the parties’ joint Stipulation for Protective Order re: Disclosure of
Confidential Materials, and finding good cause therefore, the Court hereby orders:
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The parties may designate as confidential crime and arrest reports concerning

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individuals other than the plaintiffs, including attachments and addenda thereto, all of which

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Defendants believe might contain information of a privileged, confidential, private or

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sensitive nature, and the public dissemination of which Defendants believe jeopardize

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compelling privacy interests, by affixing to such document or writing a legend, such as

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“Confidential,” “Confidential Documents,” “Confidential Material,” “Subject to Protective
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Order” or words of similar effect. The category of documents and other tangible things so

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designated, and all information derived therefrom (hereinafter, collectively, “Confidential

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Information”), shall be treated in accordance with the terms of this stipulation.

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2.

Confidential Information may be used by the persons receiving such

information only for the purpose of this litigation.
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Subject to the further conditions imposed by this stipulation, Confidential

Information may be disclosed only to the following persons:

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(a)

Counsel for the parties and to experts, investigators, paralegal

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assistants, office clerks, secretaries and other such personnel

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working under their supervision;

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(b)

The Plaintiffs in this action;

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(c)

Such other parties as may be agreed by written stipulation among
the parties hereto.

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4.

Prior to the disclosure of any Confidential Information to any person

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described in paragraph 3(a), 3(b) or 3(c), counsel for the party that has received and seeks

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to use or disclose such Confidential Information shall first provide any such person with a

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copy of this stipulation, and shall cause him or her to execute, on a second copy which

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counsel shall thereafter serve on the other party the following acknowledgment:

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“I understand that I am being given access to Confidential

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Information pursuant to the foregoing stipulation and order.

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I have read the Order and agree to be bound by its terms

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with respect to the handling, use and disclosure of such

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Confidential Information.

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Dated: _______________/s/________________________”

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5.

Upon the final termination of this litigation, including any appeal

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pertaining thereto, all Confidential Information and all copies thereof shall be returned to the

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Defendants, except as to Court personnel. All Confidential Information disclosed to any

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person or party pursuant to any provision hereof also shall be returned to the Defendants.
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6.

If any party who receives Confidential Information receives a subpoena

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or other request seeking Confidential Information, he, she or it shall immediately give

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written notice to the Defendants’ counsel, identifying the Confidential Information sought

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and the time in which production or other disclosure is required, and shall object to the

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request or subpoena on the grounds of this stipulation so as to afford the Defendants an

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opportunity to obtain an order barring production or other disclosure, or to otherwise respond

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to the subpoena or other request for production or disclosure of Confidential Material. Other

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than objecting on the grounds of this stipulation, no party shall be obligated to seek an order

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barring production of Confidential Information, which obligation shall be borne by the

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Defendants. However, in no event should production or disclosure be made without written

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notice to Defendants’ counsel unless required by court order after serving written notice to

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Defendants’ counsel.

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7.

When filing any pleadings, motions, briefs, declarations, stipulations,

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exhibits or other written submissions to the Court in this litigation, any portions thereof

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which contain, reflect, incorporate or refer to Confidential Information shall be filed under

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seal, after written application to the Court made pursuant to Local Rule 79-5. If the Court

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approves the application to file the documents under seal, the original and judge’s copy of

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the document shall be sealed in separate envelopes with a title page affixed to the outside of

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each envelope. No sealed or confidential record of the Court maintained by the Clerk shall

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be disclosed except upon written order of the Court.

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8.

Counsel for the parties shall request that any motions, applications or

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other pre-trial proceedings which could entail the discussion or disclosure of Confidential

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Information be heard by the Court outside the presence of the jury, unless having heard from

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counsel, the Court orders otherwise. Counsel for the parties further shall, during any portion

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of the trial of this action which could entail the discussion or disclosure of Confidential

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Information, request that access to the courtroom be limited to parties, their counsel and

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other designated representative, experts or consultants who agree to be bound by this

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stipulation, and court personnel, unless having heard from counsel, the Court orders
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otherwise.
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Nothing herein shall prejudice any party's rights to object to the

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introduction of any Confidential Information into evidence, on grounds including but not

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limited to relevance and privilege.

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10.

The Stipulated Protective Order survives settlement, trial and/or appeal.

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IT IS SO ORDERED:

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DATED: December 6, 2011

/s/John E. McDermott _________________
Honorable John E. McDermott
UNITED STATES MAGISTRATE JUDGE

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