Alex Rosas et al v. Leroy Baca et al

Filing 84

PROTECTIVE ORDER by Judge Dean D. Pregerson re Stipulation for Protective Order 83 (lc)

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PAUL B. BEACH, State Bar No. 166265
[e-mail]
JUSTIN W. CLARK, State Bar No. 235477
[e-mail]
LAWRENCE BEACH ALLEN & CHOI, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Defendant
Sheriff Leroy D. Baca

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiffs,

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vs.

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) Case No. CV 12-00428 DDP (SHx)
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) PROTECTIVE ORDER
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ALEX ROSAS and JONATHAN
GOODWIN, on their own behalf and
on behalf of those similarly situated,

LEROY BACA, Sheriff of Los
Angeles County Jails,

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Defendant.

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WHEREAS, the parties mutually agree it is in their interests to engage in
settlement discussions in this case;

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WHEREAS Plaintiffs contend that effective settlement discussions require

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the production of information that one or both of the parties may contend is

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confidential, privileged, private, secret, or proprietary;

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WHEREAS The Parties having stipulated and good cause appearing:

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IT IS HEREBY ORDERED that:

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I.

INTRODUCTION AND STATEMENT OF GOOD CAUSE.
A.

Plaintiffs.

The Plaintiffs in this class action are Alex Rosas and Jonathan Goodwin on

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behalf of themselves and unnamed class members, defined as “all present and

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future inmates confined in the Jail Complex in downtown Los Angeles, ”

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pursuant to Federal Rule of Civil Procedure 23(b)(2)(collectively, “Plaintiffs”).

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B.

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The Defendant in this action is Sheriff Leroy D. Baca, in his official

Defendant.

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capacity.

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C.

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Plaintiffs and Defendant (collectively, the “Parties”) have agreed to

Statement of Good Cause.

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participate in settlement discussions that will involve the production of

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information that one or both parties contend is confidential because it is

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privileged, sensitive, proprietary, or private. In order to facilitate the subject

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document production, each Party may designate any documents produced to the

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other Party in the course of settlement discussions as “Confidential Information.”

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If the settlement discussions do not result in a complete settlement of this action,

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this Order shall not be construed as a waiver of any objection or arguments

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associated with formal discovery or disclosure in this matter except that this

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Order shall extend beyond the termination of settlement discussions as set forth

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below.
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II.

DEFINITIONS.

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A.

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Any “Party” to this action, including all of its officers, directors,

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employees, consultants, retained experts, and legal counsel (and their support

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staff).

Party.

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B.

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“Confidential Information” shall mean information (regardless of how

Confidential Information.

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generated, stored, or maintained) which the Parties produce during the course of

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settlement discussions and designate as subject to this Order.

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C.

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The term “Documents” means all written, recorded, graphic, or

Documents.

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electronically stored matter whatsoever produced in connection with settlement

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discussions.

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D.

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Any Party who designates material as Confidential Information.

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E.

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Any Party who receives Confidential Information.

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F.

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A person with specialized knowledge or experience in a matter pertinent to

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the litigation who has been retained by a Party or its counsel to serve as an expert

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witness or as a consultant in this action.

Designating Party.
Receiving Party.
Expert.

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G.

Counsel.

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For purposes of this Order, “counsel” or “attorney” means counsel of

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record for the Parties of this action and all their employees, agents, volunteers,

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interns, and experts.

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H.

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For purposes of this Order, “privilege” shall mean the attorney-client

Privilege.

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privilege, the attorney-work product doctrine, the official information privilege,

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or any other privilege or doctrine that may apply to Confidential Information.

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III.

SCOPE.

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The protections conferred by this Stipulated Protective Order cover not

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only Confidential Information (as defined above), but also any information copied

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or extracted therefrom, as well as all copies, excerpts, summaries, or compilations

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thereof. It also covers testimony, conversations, or presentations by Parties or

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counsel to or in court or in other settings in the course of settlement discussions or

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this litigation with respect to documents that are protected by this Order.

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IV.

DURATION.

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A.

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Settlement discussions may be terminated at any time by formal

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confirmation by this Court that the settlement discussions have ended.

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Confirmation shall require entry of a minute order indicating that current

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settlement discussions have ended. Either Party may request confirmation from

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this Court that settlement discussions have ended at any time.

Termination Of Settlement Discussions.

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B.

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The Parties shall have 30 calendar days after confirmation that settlement

Effect Of Termination.

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discussions have ended to serve objections to the designation of any specific

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document (or portion thereof) as Confidential Information. 60 days after the

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submission of any objection to the designation of any specific document (or

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portion thereof) as Confidential Information, the Designating Party may move, on

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a properly noticed motion before the District Judge, for a further protective order

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to govern the continued use of any document designated as Confidential

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Information. The protections provided by this Order shall remain in place until

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the Court rules on any such timely filed motion for a further protective order,
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except that the Parties may file under seal documents designated as Confidential

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Information in support of, or in opposition to, a motion for further protective

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order. All documents designated as Confidential Information to which the

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Receiving Party does not timely object shall remain protected by this Order until

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they are returned to counsel for the Designating Party at the conclusion of this

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matter.

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C.

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Information Produced After Settlement Negotiations That a
Party Designates as Confidential

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Even though settlement discussions may terminate, documents produced by

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either Party after settlement negotiations terminate, which are designated as

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Confidential Information, will be protected by this Order and remain confidential if

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no challenge is made to the confidential designation within 30 days of production.

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Any challenges regarding the designation of documents as Confidential Information

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shall be resolved as set forth herein in Section IV. B.

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V.

USE AND DISSEMINATION OF THE CONFIDENTIAL

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INFORMATION.

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This Protective Order shall apply to all Confidential Information produced by

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the Parties in the course of settlement discussions and as dictated by this Court

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following any motion for a further protective order as set forth in Section IV-B.

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The Confidential Information shall be subject to this Protective Order as follows:

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A.

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Immediately upon production by the Designating Party, attorneys for the

Storage of Confidential Information.

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Receiving Party shall personally secure and maintain the Confidential

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Information in their possession. The Confidential Information shall not be left in

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an open or unsecured location where unauthorized persons (such as unauthorized

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employees of counsel, cleaning personnel, etc.) might have access to them.

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B.

Confidential Information Legend.
All material containing Confidential Information shall be stamped

“CONFIDENTIAL INFORMATION”.

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C.

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Confidential Information produced pursuant to this Order, regardless of the

Limitation of Use of Confidential Information.

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format or manner produced, shall be used only for the express purpose of

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settlement or litigation of this case, and for no other purpose. Attorneys for the

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Receiving Party shall not cause or permit disclosure of the contents of the

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Confidential Information, in any manner, including orally, beyond the disclosure

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permitted under the terms and conditions of this Order. Any such disclosure shall

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be construed as a violation of this Order.

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D.

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If the Designating Party inadvertently produces any Confidential

Inadvertent Disclosure.

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Information without designating it as such, it may be remedied by: (1) promptly

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notifying the other parties of the error; and (2) providing a substitute copy of the

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Confidential Information with a proper legend. In that event, the parties receiving

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the inadvertently produced undesignated Confidential Information will: (1) return

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the previously produced Confidential Information and destroy all copies thereof;

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and (2) if the Party had already disseminated the Confidential Information to any

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person, the Party will notify all such persons in writing of the need to promptly

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return such Confidential Information and not to further disseminate it.

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E.

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So long as the confidentiality obligations imposed by this Order remain in

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Additional Limitations on the Use of Confidential Information.

place (or as required by subsequent order of this Court):

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 the Confidential Information may be used solely for the settlement or

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litigation of this action and may not be used for any other purpose of

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any kind, including for the litigation any other action (related or

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otherwise), except to the extent authorized by subsequent order of this

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Court;

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 No Confidential Information or copies thereof, nor any transcript,

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quotation, paraphrase, summary, or other description containing

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Confidential Information, shall be reproduced, disseminated, or

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disclosed to any person or used for any purpose except in accordance

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with this Stipulation and Order or by further Order of the Court. (For

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example, the Receiving Party may not use any Confidential Information

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for any other purpose, including use as background material, or for

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inclusion in books, magazines, newspapers, press releases, interviews,

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reports, or other publications.)

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 the Receiving Party is prohibited from placing any Confidential

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Information on the internet, may not file Confidential Information with

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the Court (except as permitted in Section IV-B), and may not use or

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make Confidential Information available for use in any other litigation

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(related or otherwise) except by express written permission of the

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Designating Party.

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F. Other Persons Authorized to Review Confidential Information.

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The Parties’ attorneys of record may be permitted to see originals and

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obtain copies of the Confidential Information covered by this Order. Also,

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Defendant, including officers, directors, employees, and experts thereof may be

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permitted to review the Confidential Information. Additionally, paralegals,

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secretaries, expert witnesses, and other individuals and entities that may be

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employed or retained by the Receiving Party to assist in attempts to settle this

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action may be permitted to see originals and obtain copies of the Confidential

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Information covered by this Order, provided such experts and employees have

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first executed the written statement set forth in Section V- G below, and comply

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with the provisions of that section.
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G.

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Prior to the disclosure of any Confidential Information to any person

Applicability of Order to Other Persons.

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described above, attorneys for the Receiving Party who seek to use or disclose

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such Confidential Information shall first provide any such person with a copy of

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

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counsel shall thereafter promptly serve on the Designating Party the following

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acknowledgment:

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“I, _____________________________, acknowledge that I have

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reviewed and am familiar with the terms of the Stipulated Protective

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Order Regarding Documents Exchanged During Settlement

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Discussions entered in this action and hereby agree to comply with

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and be bound by the terms and conditions of the said Order with

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respect to the handling, use and disclosure of any Confidential

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Information.

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Dated: __________ /s/_____________________________”

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This written requirement applies to, but is not limited to, expert witnesses

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and other individuals and entities that may be employed or retained by the

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Receiving Party’s counsel to assist in attempts to settle this action. The

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Receiving Party shall be responsible for maintaining the signed original of each

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such written statement until the conclusion of these proceedings, including any

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appeal. In addition, the Receiving Party shall maintain a log of all persons who

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viewed Confidential Information and shall provide a copy of said log upon the

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written request of the Designating Party.

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H.

Plaintiffs’/ Inmate / Prisoner Possession of Materials.

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Neither Plaintiffs nor any current or former inmate of the Los Angeles

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County jails may have access to or possession of any Confidential Information, or

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material derived therefrom. This limitation does not prevent showing an

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individual his or her own medical records. If settlement negotiations terminate
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as set forth in Section IV.A, the Parties agree to meet and confer regarding

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possible changes to this provision with respect to documents specific to individual

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prisoners and Plaintiffs.

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I.

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Nothing in this Stipulation and Order constitutes any decision by the Court

No Waiver of Objections.

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concerning discovery disputes or the admission into evidence of any specific

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document or testimony or liability for payment of any costs of production or

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reproduction of documents. This Order also does not constitute a waiver by any

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Party of any right to object to discovery or admission into evidence of any

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document, record, testimony or other information that is subject to this Order.

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Nor does Defendant waive any privileges that may or may not apply, including,

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but not limited to, the investigatory files or official information privileges, see,

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e.g., Weiner v. FBI, 943 F. 2d 972, 985 (9th Cir. 1991), or Miller v. Pancucci, 141

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F.R.D. 292 (C.D. Cal. 1992), by entering into this Order. In addition, the

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inadvertent production or disclosure of Confidential Information shall be without

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prejudice to any claim of privilege, and the Designating Party shall not be held to

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have waived any rights by such inadvertent production.

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J.

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In the event that the Receiving Party receives a subpoena, discovery

Subpoena for Confidential Information.

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request, or other legal process seeking production of Confidential Information,

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the Receiving Party must give prompt written notice to the Designating Party.

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The Receiving Party shall inform the person or entity seeking the information of

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the existence of this Stipulation and Order and shall not produce the Confidential

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Information absent a court order requiring such production.

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K.

Modification.

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For good cause, any Party may seek a modification of this Order, first by

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attempting to obtain the consent of the other parties to such modification, and

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then, absent consent, by application to this Court.
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L.

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No more than thirty (30) calendar days after the resolution of this action, the

Return of Confidential Information.

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Receiving Party and every other person and/or entity who received originals or

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copies of the Confidential Information shall return all originals and copies of the

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Confidential Information, and material derived therefrom, including, but not limited

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to, all log(s) of persons authorized to review the protected documents and the

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written statement(s) acknowledging the terms and provisions of this Order pursuant

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to Paragraph V – G of this Order, to the Designating Party care of:

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Paul B. Beach, Esq.
Lawrence Beach Allen & Choi, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219

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John S. Durrant, Esq.
Paul Hastings LLP
515 South Flower St., 25th Floor
Los Angeles, California 90071

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M.

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This Stipulation and Order shall survive the conclusion of this action, and the

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Survivability of Order.

Court retains jurisdiction to enforce it.

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IT IS SO ORDERED.

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Dated: February 22, 2013
Honorable Dean D. Pregerson
United States District Judge

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