Gabriel Amaro v. City of San Buenaventura et al

Filing 37

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. NOTE COURT'S CHANGES TO PARAGRAPH D.3. (See Order for further details) re Stipulation for Protective Order 36 (vm)

1
2
3
4
5
6

ARIEL PIERRE CALONNE, State Bar No. 110268
[e-mail]
City Attorney
ANDY H. VIETS, State Bar No. 127089
NOTE COURT’S CHANGES TO
[e-mail]
PARAGRAPH D.3.
Senior Assistant City Attorney
CITY OF SAN BUENAVENTURA
501 Poli Street
Post Office Box 99
Ventura, California 93002-0099
Telephone: [phone]
Facsimile: [phone]

7

Attorneys for Defendants
CITY OF SAN BUENAVENTURA (erroneously
sued herein as separate defendants “The City of
9 San Buenaventura” and “The San Buenaventura
Police Department”), and OFFICER ERIC JACKSON
8

10
11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA

13
14
15
16
17
18
19

)
)
)
Plaintiff,
)
v.
)
)
CITY OF SAN BUENAVENTURA,
)
THE SAN BUENAVENTURA POLICE )
DEPARTMENT, OFFICER ERIC
)
JACKSON AND DOES 1-10, Inclusive, )
)
Defendants.
)
_________________________________
GABRIEL AMARO, an individual,

Case No. CV 12-06735-MRW
DISCOVERY MATTER
[PROPOSED] PROTECTIVE
ORDER

20
21

Pursuant to the stipulation entered into among plaintiff Gabriel Amaro and

22

defendants City of San Buenaventura [City] and Officer Eric Jackson [Jackson], by and

23

through their attorneys of record, the court orders:
1.

24
25

///

26

///

27

///

28

A protective order is hereby issued as follows:

///
1
____________________________________________________________________________

Protective Order

1

A.

The documents produced pursuant to the protective order will be [numbered

2

pursuant to the plaintiff’s Request for Production of Documents and Things (Set One)]:

3

1.

Use of Force Report

4

2.

Personal History Statement

5

3.

Psychological Report

6

4.

None

7

5.

Training Log

8

6.

Disciplinary Records

9

7.

None

10

8.

Disciplinary Policy

11

9.

None

12

10. Evaluations

13

The defendants may (a) limit the production to those documents created prior to

14

August 8, 2010, and (b) redact irrelevant, privileged, confidential and personal

15

information from said documents.

16

B.

17

confidential and shall be used solely with respect to the litigation of this action.

18

C.

19

“Confidential – Subject to Protective Order;” copies of said documents which are

20

provided to the individuals listed in paragraph D below shall contain that label.

21

D.

22

the following individuals:

The documents produced pursuant to the protective order will be deemed

The documents produced pursuant to the protective order shall be marked

The documents produced pursuant to the protective order may be provided only to

23

(1) The plaintiff’s attorney and staff directly employed by said attorney.

24

(2) Experts and consultants retained by the plaintiff’s counsel.

25

(3) The Court and all Court personnel involved in handling this lawsuit.

26

(4) Anyone agreed to by the parties or appointed by the court to be a mediator or

27
28

settlement officer with respect to this matter.
The plaintiff’s counsel shall maintain a list detailing which of these documents are
2
____________________________________________________________________________

Protective Order

1

produced to which of these individuals. Any such individual who is provided with copies

2

of the documents shall be given a conformed copy of the protective order and shall be

3

instructed not to disseminate the documents or any information therein to anyone. If said

4

individual is a mediator or settlement officer under paragraph D(4), above, the documents

5

shall be retrieved from said individual at the conclusion of the mediation or settlement

6

procedure session.

7

E.

8

shown via any method, or described in any manner to anyone other than those individuals

9

listed in paragraph D above, and specifically shall not be provided to, shown via any

The documents produced pursuant to the protective order shall not be provided to,

10

method, or described in any manner to the plaintiff, the plaintiff’s relatives, the plaintiff’s

11

friends or any media (television, radio, newspaper, magazine, internet, etc.), and shall not

12

be posted on any internet site, blogs, etc. (Facebook, Twitter, etc.).

13

F.

14

deposition conducted in this case, those portions of the deposition transcript and video of

15

the deposition, if any, in which reference is made to said document shall be subject to the

16

protective order and shall not be reproduced or disseminated to anyone other than those

17

individuals listed in paragraph D above.

18

G.

19

to use in a court proceeding regarding this matter shall be submitted to the court under

20

seal as per Local Rule 79-5.

21

H.

22

thereof, along with the list referenced in paragraph D above, shall be delivered to the

23

defendants’ attorney within thirty days of the conclusion of this action (the term

24

“conclusion” refers to the action being voluntarily dismissed or all appeals from judgment

25

being exhausted).

26

If a document produced pursuant to the protective order is referred to during any

Any document produced pursuant to the protective order which the plaintiff seeks

The documents produced pursuant to the protective order, and any copies made

2.

The defendants (a) do not concede the admissibility in court of any of the

27

produced documents, (b) reserve any and all objections to the documents being admitted

28

into evidence, and (c) preserve any all means of seeking to exclude said documents from
3
____________________________________________________________________________

Protective Order

1

evidence.

2

3.

Production of the documents subject to this stipulation shall be produced to

3

the plaintiff’s counsel within ten calendar days of the Protective Order being filed by the

4

court and entered on the PACER docket.

5
6

Dated: July 1, 2013

__________________________________
Magistrate Judge Michael R. Wilner

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
____________________________________________________________________________

Protective Order