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)

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2:12-cv-09250-CAS-E Document 37-1 Filed 05/19/14 Page 1 of 4 Page ID #:279 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9’ CENTRAL DISTRICT OF CALIFORNIA 10 11 Danny Moran, et a!, 12 13 14 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. 15 16 17 18 THE PARTIES HAVING STIPULATED TO THE FOLLOWING, this Court 19 hereby orders as follows: 20 21 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 1 ase 2:12-cv-09250-CAS-E Document 37-1 Filed 05/19/14 Page 2 of 4 Page ID #:280 1 stipulation. 2 2. Confidential Information may be used by the persons receiving such 3 information only for the purpose of this litigation. 4 5 3. Subject to the further conditions imposed by this stipulation, Confidential Information may be disclosed only to the following persons: 6 (a) Counsel for the parties and to experts, investigators, paralegal 7 assistants, office clerks, secretaries and other such personnel working under their 8 supervision; 9 (b) Such other parties as may be agreed by written stipulation among the 10 parties hereto. 11 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: 16 "I understand that I am being given access to Confidential 17 Information pursuant to the foregoing stipulation and order. 18 I have read the Order and agree to be bound by its terms 19 with respect to the handling, use and disclosure of such 20 Confidential Information. 21 Dated: 22 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. 26 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 2 2:12-cv-09250-CAS-E Document 37-1 Filed 05/19/14 Page 3 of 4 Page ID #:281 1 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. 10 11 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. 18 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. 22 9. Nothing herein shall prejudice any party’s rights to object to the 23 III 24 I/I 25 I/I 26 III 27 I/I 28 I/I 3 ase 2:12-cv-09250-CAS-E Document 37-1 Filed 05/19/14 Page 4 of 4 Page ID #:282 1 introduction of any Confidential Information into evidence, on grounds including but not 2 limited to relevance and privilege. 3 10. This Protective Order survives settlement, trial and/or appeal. 4 5 6 IT IS SO ORDERED. 9 DATED:____________ 10 ________________ 0 RABLE C S F. EICK UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Document 37..2 iU MAY/ I4/ 1 I Ce Tg 0, P1 of 1 Pagei:283 11 1 ITIS SO STIPULATED’ 2 3 4 DATED: May A/, 2014 LAW OFFICES OF LUIS CARRILLO 6 7 8 9 DATED: May 13, 2014 10 11 12 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 13 14 is 16 17 By: /3/ Denise C. Zimmerman DENISE C Z111U1ERMAN Deputy City Attorney Attorneys for Defendant CITY OF LOS ANGELES 18 19 20 21 22 23 24 25 26 27 28 4

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