Herminia Lopez et al v. Melva Dockings et al

Filing 12

PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order #10 . (Note: Changes have been made to the proposed order). (ib)

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1 2 3 4 5 6 7 8 9 DAVID ELDER (SBN 171510) delder@housingrightscenter.org DANNY YOO (SBN 251574) JUDITH B. VASAN (SBN 278115) 520 S. Virgil Avenue, Suite 400 Los Angeles, CA 90020 Tel.: (213) 387-8400 x32 Fax: (213) 381-8555 PAMELA MARX (SBN 82470) JAMES PREIS (SBN 82690) Mental Health Advocacy Services, Inc. 3255 Wilshire Boulevard, Suite 902 Los Angeles, CA 90010 Tel: (213) 389-2077 10 11 12 ATTORNEYS FOR PLAINTIFFS IN THE UNITED STATES DISTRICT COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION ) Case No.: CV-12-7308 GW (RZx) ) ) Assigned to Courtroom: 10 ) The Hon. George H. Wu ) Plaintiffs, ) ) [PROPOSED] PROTECTIVE ORDER ) ) Action Commenced: August 24, 2012 vs. ) Trial Date: Not Set MELVA DOCKINGS, as an individual ) Discovery Cut-Off: Not Set and as trustee of DOCKINGS FAMILY ) Law & Motion Cut-Off: Not Set ) TRUST, ) ) Defendants. ) NOTE: CHANGES HAVE BEEN ) MADE TO THIS DOCUMENT ) ) HERMINIA LOPEZ, as an individual, and L.L., by and through his general guardian JOSE LOPEZ, -1[PROPOSED] PROTECTIVE ORDER The Parties have entered into a Stipulation for the entry of a Protective Order 1 2 to govern the disclosures, dissemination, and use of “Confidential Information” 3 produced by the Parties in this action. The Court having reviewed the Stipulation 4 and finding good cause for the entry of such an order, hereby orders that the 5 following Protective Order (“the Order”) shall apply to any information designated 6 as “Confidential” pursuant to the agreement of the Parties or Order of the Court. 7 1. 8 Confidential Information Plaintiffs contend that Plaintiffs’ medical records and medical information 9 are confidential, private, sensitive information. Defendant intends to obtain 10 Plaintiffs’ medical records and medical information through discovery in this 11 12 13 14 15 16 action. This stipulation and Order is intended to preserve the confidentiality of those medical records, the information obtained therein, and any other medical information about Plaintiffs disclosed by Plaintiffs in discovery. Therefore, Plaintiffs seek to keep medical records and documents related to their medical information confidential. Any documents produced in discovery that contain or reveal medical records 17 18 or medical information, or that are designated as Confidential Information under 19 the terms of the Order, and all copies, recordings, abstracts, excerpts, analyses, 20 court filings, or other writings that contain, reflect, reveal, suggest or otherwise 21 disclose such Confidential Information shall be deemed to be Confidential 22 Information. 23 2. 24 Parties A “Disclosing Party” is the party who produces or discloses Confidential 25 Information, or on whose behalf such information is disclosed, to a receiving 26 party’s attorneys. A “Receiving Party” is any party (either Plaintiff or Defendant) 27 that receives or is permitted to receive Confidential Information from the 28 Disclosing Party under the Order. -2[PROPOSED] PROTECTIVE ORDER 1 3. Identification a. 2 Confidential Information may be designated by a Disclosing Party as 3 “Confidential” by marking it as “Confidential” or by designating the information 4 as “Confidential” by any separate writing sufficient to identify the information 5 which is provided to the Receiving Party. 6 b. Where such designation is made by stamping or similar means, it shall 7 be made by placing notice on the document, thing, response to discovery, 8 deposition or court transcript or record, information, or document stored on 9 diskette or otherwise in computer usable form, or tangible thing or object, in such a 10 11 manner as will not interfere with the legibility or accessibility of the Confidential Information. 12 13 14 15 16 17 18 c. Information and documents designated as “Confidential Information” shall be subject to the disclosure restrictions of the Order. Any Receiving Party or other person who receives a document so designated is subject to this Protective Order and the jurisdiction of the Central District of California for enforcement of the Order. 4. Inadvertent Failure to Designate 19 In the event that a party discovers after they have produced information that 20 they have inadvertently failed to designate as “Confidential Information,” that was 21 not designated as Confidential, the disclosing party may designate the information 22 as Confidential by a subsequent notice in writing identifying the information and 23 furnishing the correct designation, in which event the parties shall henceforth treat 24 such information as provided in the Order, and shall undertake a best effort to 25 retrieve any disclosure, dissemination, or use of such information prior to re- 26 designation. 27 5. Limited Use 28 -3[PROPOSED] PROTECTIVE ORDER The Parties and its attorneys of record shall use Confidential Information 1 2 obtained through discovery in this case and the information contained therein only 3 for the purposes of the present lawsuit. 4 6. 5 Disclosure to Counsel Pursuant to this Order, Confidential Information shall be produced only to a 6 Parties’ attorneys of record. Attorneys of record shall not disclose orally, by 7 copies, or in summary form, any Confidential Information obtained through 8 discovery in this case to any person other than their client, office staff, insurance 9 carrier(s), and experts necessary to assist in this case. 10 7. 11 12 13 14 15 16 17 18 19 20 Disclosure to Court If the Parties in this case any party desires to file with the Court any Confidential Information protected by this stipulation and Order with the Court, or file any papers containing Confidential Information obtained through discovery, the Confidential Information or documents shall be filed the party may apply to file such materials under seal, with a notation that those confidential information and documents are confidential and shall not be disclosed to anyone other than Court personnel but must follow the procedures of L.R. 79-5. 8. Disclosure to Others a. Confidential Information may not be disclosed to any other persons or 21 entities other than those listed in Sections 6 and 7, except under the following 22 circumstances: 23 (1) Upon written permission of the Producing Party; or 24 (2) By Order of the Court. 25 b. All persons to whom Confidential Information is disclosed under 26 Section 8 must read an executed copy of the Order, agree to be bound by it, and 27 sign an agreement to do so. 28 -4[PROPOSED] PROTECTIVE ORDER c. 1 Counsel for each Receiving Party shall prepare and maintain a log of 2 all persons to whom it discloses the Confidential Information of each party and the 3 specific Confidential Information disclosed. 4 9. 5 Return of Documents Within 60 days of either settlement or final judgment that is not appealed or 6 subject to further legal proceedings, each Receiving Party or other person subject 7 to the terms of the Order or in possession or control of Confidential Information 8 shall be obligated to return to any Disclosing Party all Confidential Information, 9 and all copies thereof. 10 10. 11 12 13 This stipulation and Protective Order shall remain in effect permanently, and shall continue in effect even after this case is finally resolved. 11. 14 17 18 19 Applicability of Order The Order shall bind and apply to all persons who receive Plaintiff’s medical 15 16 Continuing Jurisdiction records and medical information and who either sign an agreement to be so bound or who are given an executed copy of the Order. 12. Disputes Any disputes regarding the Protective Order are subject to Local Rule 37. 20 21 IT IS SO ORDERED. However, this Order shall not govern in connection with 22 dispositive motions or at trial. Any party desiring protection of materials used in 23 connection with those proceedings shall apply separately for such protection, to the 24 judicial officer who will preside in connection with those proceedings. 25 26 27 28 Dated: November 20, 2012 ____________________________ The Honorable Ralph Zarefsky United States Magistrate Judge -5[PROPOSED] PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6[PROPOSED] PROTECTIVE ORDER

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