James M Jerra v. United States of America et al

Filing 95

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 93 . Pursuant to the provisions of Rule 26(c) of the Federal Rules of Civil Procedure, the Court enters this Protective Order upon the joint stipulation of the parties, filed herein, and it appearing to the Court that such order should be issued, therefore, IT IS HEREBY ORDERED THAT: (See Order for details.) (mp)

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ANDRÉ BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
KEITH M. STAUB (Cal. Bar No. 137909)
Assistant United States Attorney
300 North Los Angeles Street
Room 7516, Federal Building
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Defendant
UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JAMES JERRA,

Case No. CV 12-1907 ODW (AGR)

Plaintiff,
v.
Hon. Alicia G. Rosenberg

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UNITED STATES OF AMERICA,
Defendant.

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PROTECTIVE ORDER BASED
UPON THE STIPULATION OF THE PARTIES

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Pursuant to the provisions of Rule 26(c) of the Federal Rules of

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Civil Procedure, the Court enters this Protective Order upon the

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joint stipulation of the parties, filed herein, and it appearing to

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the Court that such order should be issued, therefore,

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IT IS HEREBY ORDERED THAT:

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Defendants are permitted to produce 1) Plaintiff’s medical and

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psychiatric records; 2) portions of Plaintiff’s Central File; 3)

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Plaintiff’s administrative remedies; 4) Position Descriptions; 5)

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Plaintiff’s SENTRY printouts; 6) Plaintiff’s “Clearance and Separatee

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Data” SENTRY printouts; 7) Disciplinary Hearing records; 8) Incident

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Reports; 9) Memoranda by Defendant Magana dated December 16, 2008,

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February 18, 2009, and February 23, 2009, 10) OIA Conclusion, 11)

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memorandum from E. Gonzalez, 12) Tort Claim records, and 11) BOP

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rosters (Hereinafter the aforementioned items are collectively

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referred to as the "Protected Information").

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The parties may at any time, by separate written stipulation,

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add additional documents or materials to the defined “Protected

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Information.”

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The Protected Information documents will be redacted prior to

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disclosure to remove 1) the names of non parties referred to therein,

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2) personal data identifiers contained therein (if any) such as

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social security numbers, birth dates, FBI numbers, financial account

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numbers, and home addresses, 3) photographs of BOP personnel, and 4)

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financial data (if any) for parties and nonparties, such as wage and

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property records.

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The Protected Information shall be used by the parties, counsel,

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experts, consultants and witnesses only for the purpose of this

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litigation, and not for any other purpose whatsoever.

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The Protected Information, and/or contents thereof, shall be

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disclosed only to:

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1. counsel of record for the parties;

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2. plaintiff and defendants (who were not already in possession of

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such documents), provided that they shall agree to be bound by the

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terms of this Order and shall execute a confidentiality agreement in

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the form attached hereto as Exhibit A;

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3. expert consultants/witnesses, who are retained or consulted by the

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parties for the purposes of providing testimony or performing other

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services relating to this action, provided that they shall agree to

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be bound by the terms of this Order and shall execute a

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confidentiality agreement in the form attached hereto as Exhibit A;

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or

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4. non expert witnesses to this action, but only to the extent that

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disclosure is necessary to question a witness or prepare a witness to

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be questioned by another party; provided that they shall agree to be

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bound by the terms of this Order and shall execute a confidentiality

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agreement in the form attached hereto as Exhibit A.

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witnesses shall be permitted to review the Protected Information in

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the presence of counsel, but shall not be given a copy thereof to

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retain.

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Said non expert

All documents, pleadings, or transcripts of deposition testimony

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filed in this litigation, including any appeal, that contain, or

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disclose the contents of the Protected Information shall be submitted

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under seal pursuant to Local Rule 79 5 governing confidential court

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records.

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At the conclusion of this litigation, including any appeal taken
therefrom, all originals or reproductions of the Protected

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Information shall be returned to defendants’ counsel within 30 days

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of the termination of the action, including copies provided to expert

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consultants/witnesses.

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This shall not include documents (1) that have been filed with

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the Court or (2) that contain notations of counsel or

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experts/consultants, in which case they are to be destroyed by

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plaintiff and plaintiff's counsel within 30 days of the termination

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of the action.

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Upon completion of this action, including any appeal taken

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therefrom, plaintiff and/or plaintiff’s counsel shall certify to this

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Court that they have irretrievably destroyed all documents which are

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the subject of this Stipulated Protective Order.

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certify that they have destroyed all copies and/or duplicates, as

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defined by Rule 1001(4) of the Federal Rules of Evidence, that they

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have made of such documents.

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They shall further

This Stipulated Protective Order is not intended to compromise

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the rights of any party to object to discovery pursuant to the

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Federal Rules of Civil Procedure or any other governing authority nor

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is it intended to alter any burden of proof regarding any assertion

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of privilege in this matter. This Stipulated Protective Order permits

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defendants to produce the Protected Information, but does not

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constitute an order requiring production.

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Nothing in this Stipulated Protective Order shall prohibit a party

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from seeking further protection of the Protected Information by

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stipulation among the parties, approved by the Court, or by

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application to the Court directly.

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Nothing in this Stipulated Protective Order constitutes a waiver
of any party's right to seek a Court Order permitting the future use

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and/or production of unredacted copies of the Protected Information.

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Nothing in this Stipulated Protective Order constitutes a waiver of

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defendants’ right to use, disclose or disseminate the Protected

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Information in accordance with the provisions of the Privacy Act, any

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applicable statutory/regulatory provisions, or BOP policies.

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Neither the United States Department of Justice, including the

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BOP and the United States Attorney's Office, nor any of its officers,

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agents employees, or attorneys, shall bear any responsibility or

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liability for any disclosure of any documents obtained by the parties

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under this Stipulation for a Protective Order, or of any information

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contained in such documents.

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This Stipulated Protective Order does not constitute any ruling

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on the question of whether any particular document or category of

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information is properly discoverable or admissible and does not

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constitute any ruling on any potential objection. Other than

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explicitly set forth herein this Stipulated Protective Order does not

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apply to any information or documents subject to a claim of privilege

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or other basis of exclusion, and this Stipulated Protective Order

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shall not be precedent for adopting any procedure with respect to the

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disclosure of any such other information.

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The Court shall retain jurisdiction to enforce the terms of

this Protective Order.

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DATED: February 26, 2014

_____________________________
HON. ALICIA G. ROSENBERG