Floyd Hills Nelson et al v. Cityof Los Angeles et al

Filing 161

PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth Re: Stipulation for Protective Order 159 . (lbe)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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vs.
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CITY OF LOS ANGELES, COUNTY )
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OF LOS ANGELES, CHARLES
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BECK, LEROY D. BACA, STEVE
COOLEY, WILLIAM J. BRATTON, )
)
FRANK M. TAVELMAN, SUSAN
)
SCHWARTZ, JOHN DOE NO. 3,
ALLEN, MACIAS, CARLOS VALEZ, )
)
TRACY BENJAMIN, JAYSON
)
DELACOVA, V. CONRADO,
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JOHN/JANE DOE NO. 1, ADAM
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BIRCOVICI, ANTHONY AVILA,
JOE CALLIAN, ROBERT KRAUS, )
)
GUSTAVO RAMIREZ, JEFFREY
NOLTE, DEANA HERROD, DAVID )
FRIEDRICH, DONALD WALTHERS, )
)
ROBERT BINDER, STUART
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LOMAX, JOHN IZZO, CHARLES
)
BENNETT, LARRY
)
CHAMBERLAIN, RICHARD
WILEY, WAYNE BLANDIN, HUGO )
BARZA, DANIAL CRUZ, LAVEY, )
FLOYD HILLS NELSON and
ALONZO HARRIS,

Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

17944

CASE NO. 2:11-CV-05407 PSG (JPR)
[Assigned to Courtroom “6A” before the
Honorable Philip S. Gutierrez presiding]

PROTECTIVE ORDER FOR
CONFIDENTIAL INFORMATION OF
LOS ANGELES SHERIFF’S
DEPARTMENT STAFF AND INMATES
AT MEN’S CENTRAL JAIL

Complaint Filed:

06/29/11

Trial Date:

None

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PROTECTIVE ORDER

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IBARRA, JOHN/JANE DOE NO. 2, )
JOHN/JANE DOE NO. 4, JOHN DOE )
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NO. 5,
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Defendants.
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The Court, having read the proposed stipulated protective order between the

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parties, Plaintiff Floyd Nelson, Plaintiff Alonzo Harris aka Felton Bradford

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(hereinafter “Plaintiffs”), both in pro per, and Defendants County of Los Angeles,

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Leroy D. Baca, Daniel Cruz, Marvin Cavanaugh, Paul Tanaka, William Fujioka,

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David Fender, and D. Hinton (hereinafter “County Defendants”), by and through

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their counsel of record, Collins, Collins, Muir + Stewart, LLP, makes the following

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rulings thereon:
1. The purpose of this Protective Order is to address certain

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discovery issues, including the protection of information to be produced by

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County Defendants, at Plaintiffs’ request, which contains confidential,

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identifying information pertaining to other inmates at Men’s Central Jail

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and/or to Staff Members of the Los Angeles Sheriff’s Department.
2. With regard to the protection of this confidential, identifying

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information, the parties agree as follows:

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a. Plaintiff does not require documentation pertaining to any incidents

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which may have occurred on other tiers aside from the 2500 Module,

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Baker Row.
b. Regarding Plaintiffs’ request for a log of inmate passes identifying

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inmates’ movements, the parties agree that Plaintiffs shall receive a

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list containing the first initial and last name of relevant inmates and

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their cell numbers. Should any of the inmates’ first initials and last

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names appear to be commonly used (pursuant to County Defendants’

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discretion) such that Plaintiff would be unable to distinguish the

Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

17944

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PROTECTIVE ORDER

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individuals, County Defendants will provide further identifiers.

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i. Plaintiffs agree they do not require any booking numbers,

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inmate classifications, or current locations for any of the

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inmate information requested in any of their discovery

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requests.

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c. Regarding Plaintiffs’ request for documentation pertaining to cell

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searches that occurred on 2500 Baker Row, the parties agree to the

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following parameters:

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i. Production of all relevant and responsive documents for the

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time period of:

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1. One week prior to and one week following a July 28,

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2011 cell search and

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2. One week prior to and one week following November

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16, 2011, another cell search.

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a. With regard to the July 28, 2011 cell search,

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County Defendants are to provide:

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i. A list of names of inmates who appeared in

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court on this alleged incident involving

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inmate Brian Alexik over the period of one

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(1) week. Plaintiff’s believe between four

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(4) and five (5) inmates appeared in court

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on this matter.

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ii. A list (first initial, last name) of inmates

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within a four cell radius of inmate Alexik’s

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cell for the relevant time period.

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Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

17944

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PROTECTIVE ORDER

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d. Regarding Plaintiffs’ requests for documentation containing

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identifying information of LASD Staff Members:

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i. County Defendants agree to provide a list containing the last

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name, first initial, job position and shift of each individual who

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is responsive to Plaintiffs’ request.

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e. With regard to Plaintiffs’ request for all inmate complaints, the

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following parameters have been agreed to:

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i. The inmates shall be identified by last name, first initial only,

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unless the name is commonly used and cannot be distinguished

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from another inmate at which time further identifying

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information may be provided. LASD staff shall also be

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identified by last name, first initial.

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ii. The subject matter of the inmate complaints that Plaintiffs are

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to obtain are limited to:

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1. Any inmate complaints pertaining to alleged staff

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assaults

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2. Any inmate complaints pertaining to cell searches

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3. Any inmate complaints pertaining to inmates’ pro per

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status

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iii. The date range for the Complaints Plaintiffs seek are: March

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2011 through December 2011. Should Plaintiffs seek

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documents from 2012, they may make another request, but

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only after thorough review and consideration of any 2011

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documents produced.

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f. With regard to Plaintiffs request for inmate complaints pertaining to

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LASD legal staff and/or custody staff in the 2500 Module:

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i. The inmates shall be identified by last name, first initial only,

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unless the name is commonly used and cannot be distinguished

Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

17944

4

PROTECTIVE ORDER

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from another inmate at which time further identifying

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information may be provided. LASD staff shall also be

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identified by last name, first initial.

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ii. The parties have agreed to narrow the scope of complaints to

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those that are responsive for the following dates only: 10/1/10;

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12/7/10; 12/16/10; 1/22/11; 4/21/11; 10/22/11; 4/4/11-4/5/11’

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4/24/11; 5/1/11; 5/5/11; 5/10/11; 6/26/11; 7/28/11; 9/16/11;

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10/3/11; 10/10/11; 10/25/11; 10/28/11; 11/3/11; 11/16/11;

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11/21/11.

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g. If County Defendants are able to, they will also provide Plaintiffs

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with an organizational chart identifying the basic structure of staff at

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Men’s Central Jail.

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h. County Defendants also agreed to provide Plaintiffs with a copy of

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relevant portions of the Manual of Policies and Procedures for the

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LASD in order to satisfy a number of the challenged discovery

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requests.

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3. The production of all these documents are pursuant to County Defendants’

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ability to locate any documents which are specifically responsive to

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Plaintiffs’ requests for the relevant time frames.

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4. County Defendants shall have four (4) months from the time of entering of

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this protective order to produce all relevant, responsive documents to

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Plaintiffs.

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5. Additionally, during their meet and confer efforts, the parties

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stipulated to the following:

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a. Should this Court allow Plaintiffs to effectuate service on yet

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unserved individuals Gilbert, Lavey and Allen, the parties agree that

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the discovery period should be re-opened and respectfully request

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this Court allow discovery to be reopened.

Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

17944

5

PROTECTIVE ORDER

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i. Should the discovery period be re-opened, the parties stipulate

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that the discovery process should begin sometime in early July,

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2014, to allow Plaintiffs time to effectuate service on these

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individuals, and to allow these individuals to properly respond

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to the Complaint.

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ii. The parties also agree that time frame for re-opening discovery

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is flexible and may need to be shifted, in order to allow

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Plaintiffs an appropriate amount of time to effectuate service.

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6. Based on the foregoing, the parties seek the entry of a protective

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order under U.S.C. § 552a(b)(11), covering the production of any

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confidential, identifying information.

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7. Nothing in this order or the stipulation underlying this order shall

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constitute a finding or admission that any action taken by any County

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Defendant, or its agencies or employees, in connection with production of

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any documents responsive to Plaintiffs’ discovery requests is a disclosure

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under the Privacy Act, 5 U.S.C. § 552a.

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8. Nothing in this order or the stipulation underlying this order shall

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constitute a finding or admission that County Defendants are required to

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produce any document or information to any person.

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9. Nothing in this order or the stipulation underlying this order shall

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constitute a waiver of any privilege that County Defendants may possess

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with respect to any document, portion of document, or information.

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10. All personal identifying information contained in the documents

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to be produced shall constitute “Confidential Information” pursuant to this

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order and shall be handled by Plaintiffs and County Defendants

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accordingly.

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Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

17944

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PROTECTIVE ORDER

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11. This Protective Order shall survive the final determination for this

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action and shall remain in full force and effect after conclusion of all

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proceedings herein, and the court shall have continuing jurisdiction to

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enforce its terms.

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IT IS SO ORDERED.
DATED: March 28, 2014

________________________________
HON. JEAN ROSENBLUTH
UNITED STATES DISTRICT COURT

17944

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Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone [phone]
Fax
[phone]

PROTECTIVE ORDER