Danny Moran et al v. City of Los Angeles et al

Filing 38

PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order 37 . (sp)

2:12-cv-09250-CAS-E Document 37-1 Filed 05/19/14 Page 1 of 4 Page ID #:279

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Danny Moran, et a!,

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Case No.: CV12-09250CAS(Ex)
Complaint filed: October 29, 2012
Assigned to: Hon. Christina A. Snyder;
Hon. Charles F. Eick, Magistrate Judge

Plaintiffs,
VS.

CITY OF LOS ANGELES, et al.,

[Dig
PTECTIVE ORDER

Defendants.

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THE PARTIES HAVING STIPULATED TO THE FOLLOWING, this Court

19 hereby orders as follows:
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1.

The parties may designate as confidential the following:
[Al Any and all completed portions of LAPD Use of Force Investigation

22 Report, Case Number 2011284;
23 all of which Defendants believe might contain information of a privileged, confidential,
24 private or sensitive nature, by affixing to such document or writing a legend, such as
25 "Confidential." "Confidential Documents," "Confidential Material," "Subject to
26 Protective Order" or words of similar effect. This category of documents and writings so
27 designated, and all information derived therefrom (hereinafter, collectively,
28 "Confidential Information"), shall be treated in accordance with the terms of this
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1 stipulation.
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2.

Confidential Information may be used by the persons receiving such

3 information only for the purpose of this litigation.
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3.

Subject to the further conditions imposed by this stipulation,

Confidential Information may be disclosed only to the following persons:

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(a)

Counsel for the parties and to experts, investigators, paralegal

7 assistants, office clerks, secretaries and other such personnel working under their
8 supervision;
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(b) Such other parties as may be agreed by written stipulation among the

10 parties hereto.
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4.

Prior to the disclosure of any Confidential Information to any person

12 described in paragraph 3(a) or 3(b), counsel for the party that has received and seeks to use
13 or disclose such Confidential Information shall first provide any such person with a copy
14 of this stipulation, and shall cause him or her to execute, on a second copy which counsel
15 shall thereafter serve on the other party the following acknowledgment:
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"I understand that I am being given access to Confidential

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Information pursuant to the foregoing stipulation and order.

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I have read the Order and agree to be bound by its terms

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with respect to the handling, use and disclosure of such

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Confidential Information.

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Dated:

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5.

Is!________________________

Upon the final termination of this litigation, including any appeal

23 pertaining thereto, all Confidential Information and all copies thereof shall be returned to
24 the Defendants, except as to Court personnel. All Confidential Information disclosed to any
25 person or party pursuant to any provision hereof also shall be returned to the Defendants.
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6.

If any party who receives Confidential Information receives a subpoena

27 or other request seeking Confidential Information, he, she or it shall immediately give
28 written notice to the Defendants’ counsel, identifying the Confidential Information sought
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2:12-cv-09250-CAS-E Document 37-1 Filed 05/19/14 Page 3 of 4 Page ID #:281

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and the time in which production or other disclosure is required, and shall object to the

2 request or subpoena on the grounds of this stipulation so as to afford the Defendants an
3 opportunity to obtain an order barring production or other disclosure, or to otherwise
4 respond to the subpoena or other request for production or disclosure of Confidential
5 Material. Other than objecting on the grounds of this stipulation, no party shall be obligated
6 to seek an order barring production of Confidential Information, which obligation shall be
7 borne by the Defendants. However, in no event should production or disclosure be made
8 without written notice to Defendants’ counsel unless required by court order after serving
9 written notice to defendants’ counsel.
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7.

Any pleadings, motions, briefs, declarations, stipulations, exhibits or

other written submissions to the Court in this litigation which contain, reflect, incorporate

12 or refer to Confidential Information shall be filed and maintained under seal, after written
13 application to the Court made. If the Court approves the application to file the documents
14 under seal, the original and judge’s copy of the document shall be sealed in separate
15 envelopes with a title page affixed to the outside of each envelope. No sealed or confidential
16 record of the Court maintained by the Clerk shall be disclosed except upon written order of
17 the Court.
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8.

Counsel for the parties hereto agree to request that any motions,

19 applications or other pre-trial proceedings which could entail the discussion or disclosure
20 of Confidential Information be heard by the Court outside the presence of the jury, unless
21 having heard from counsel, the Court orders otherwise.
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9.

Nothing herein shall prejudice any party’s rights to object to the

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1 introduction of any Confidential Information into evidence, on grounds including but not
2 limited to relevance and privilege.
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10. This Protective Order survives settlement, trial and/or appeal.

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6 IT IS SO ORDERED.

9 DATED:____________
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________________
0 RABLE C
S F. EICK
UNITED STATES MAGISTRATE JUDGE

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Document 37..2 iU

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1 ITIS SO STIPULATED’
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DATED: May A/, 2014
LAW OFFICES OF LUIS CARRILLO

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9 DATED: May 13, 2014
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MICHAEL N. FEVER, City Attorney
THOMAS H. PETERS, Chief Asst. City Attorney
CORY M. M NTE, Supervising Asst. City Attorney
,
DENISE C. ZTh0ERMAN, City Attorney

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is
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By:

/3/ Denise C. Zimmerman
DENISE C Z111U1ERMAN
Deputy City Attorney

Attorneys for Defendant
CITY OF LOS ANGELES

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