Alex Rosas et al v. Leroy Baca et al

Filing 146

ORDER GOVERNING THE DISCLOSURE OF RECORDS by Magistrate Judge Michael R. Wilner. (See Order for details) re Stipulation for Protective Order 144 (vm)

1 MARY WICKHAM, County Counsel
JENNIFER LEHMAN, Assistant County Counsel
2 KAREN JOYNT, Senior Deputy County Counsel
(SBN 206332) • [e-mail]
3 TIANA J. MURILLO, Deputy County Counsel
(SBN 255259) [e-mail]
4 648 Kenneth Hahn Hall of Administration
500 West Temple Street
5 Los Angeles, California 90012-2713
Telephone: [phone] · Fax: [phone]
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Attorneys for Defendants
7 SHERIFF JIM MCDONNELL, in his official capacity
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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ALEX ROSAS and JONATHAN
12 GOODWIN on behalf of themselves
and of those similarly situated,
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Plaintiffs,
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v.
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Jim McDonnell, Sheriff of Los Angeles
16 County, in his official capacity,

Case No. CV 12-00428 DDP (MRWx)
ORDER GOVERNING THE
DISCLOSURE OF RECORDS

Defendant.

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Based on the stipulation of the parties and good cause appearing, IT IS
HEREBY ORDERED:
1.

With the exception of documents within the attorney-client and

attorney-work product privileges—and notwithstanding the confidentiality
restrictions of the Health Insurance Portability and Accountability Act (“HIPAA”),
the California Confidentiality of Medical Information Act (Civil Code §56, et seq.),
California Welfare and Institutions Code §5328 (related to confidentiality of mental
health records), the Public Safety Officers Procedural Bill of Rights Act
(Government Code §3300, et seq.), Penal Code §832.7, and Evidence Code §§ 1043
HOA.1061132.1

[PROPOSED] ORDER RE:
DISCLOSURE OF RECORDS

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CV 12-00428 DDP (SH)

1 and 1045—the Monitors and their staff will have full and complete access to
2 prisoner medical and mental health records, personnel records, and all other
3 documents and data related to the provisions of the Agreement and necessary to
4 assess Defendants’ compliance with the Agreement. Nothing in this paragraph
5 waives any argument or claim by Plaintiff that the state law provisions cite above, or
6 any other state or federal common law, statute or regulation creates a valid privilege
7 or right to withhold documents from Plaintiffs in this federal court litigation which
8 addresses Plaintiffs’ claims that their federal constitutional rights are being violated.
2.

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The Monitors will safeguard and maintain the confidentiality of the

10 Defendant’s documents, statements or information, including but not limited to
11 those items identified in paragraph 1 above, and shall not disclose those documents,
12 statements or information. Nothing in this paragraph shall be interpreted to mean
13 that the Monitors may not otherwise rely on Defendants’ documents, statements or
14 information in forming their conclusions or opinions about Defendants’ compliance
15 with the Agreement or the Plan. Nothing in this paragraph waives any right of
16 Plaintiffs to obtain documents, as otherwise permitted by the Agreement or law, that
17 Defendant provides to the Monitors, or waives any argument by Plaintiffs that any
18 document or portion thereof that Defendant provides to the Monitors is not
19 privileged or confidential and may not be withheld from Plaintiffs.
3.

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This stipulation will not be deemed a waiver of any privilege or right

21 Defendants may assert, including those recognized at common law or created by
22 statute, rule, or regulation, against any other person or entity with respect to the
23 disclosure of any document, statement or information.
4.

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This Order and the obligations of this stipulation shall survive the final

25 termination of this case or withdrawal or removal of the monitor or staff member.
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HOA.1061132.1

[PROPOSED] ORDER RE:
DISCLOSURE OF RECORDS

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CV 12-00428 DDP (SH)

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5.

The Court shall retain jurisdiction to resolve any dispute concerning the

2 use or disclosure of any documents, statements or information addressed by this
3 stipulation.
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IT IS SO ORDERED.

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DATED: June 17, 2016
_______________________________
UNITED STATES MAGISTRATE JUDGE
HONORABLE MICHAEL R. WILNER

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HOA.1061132.1

[PROPOSED] ORDER RE:
DISCLOSURE OF RECORDS

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CV 12-00428 DDP (SH)