Eduardo Cervantes v. County of Los Angeles et al

Filing 26

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. (See Order for further details) re Stipulation for Protective Order 25 (vm)

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1 2 3 4 5 6 7 8 David D. Lawrence, Esq. [State Bar No. 123039] Email: Christina M. Sprenger, Esq. [State Bar No. 205105] Email: Daniel S. Cha, Esq. [State Bar No. 260256] E-Mail: LAWRENCE BEACH ALLEN & CHOI, PC 2677 North Main Street, Suite 370 Santa Ana, California 92705 Telephone No.: (714) 479-0180 Facsimile No.: (714) 479-0181 Attorneys for Defendants County Of Los Angeles, Deputy Paulo Cruz, and Deputy Vincent Cisneros 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 EDUARDO CERVANTES, 14 Plaintiff, 15 16 17 18 19 20 21 22 23 vs. COUNTY OF LOS ANGELES, Deputy PAUL CRUZ #412035 individually and as a peace officer, DEPUTY VICTOR CISNEROS #519470 individually and as a peace officer, DOES 1-10, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 12-09889 DDP (MRWx) [PROPOSED] PROTECTIVE ORDER [Stipulation for Protective Order filed concurrently herewith] MATTER FOR DETERMINATION BEFORE THE HONORABLE MICHAEL R. WILNER 24 25 26 27 28 1 [PROPOSED] ORDER [PROPOSED] ORDER 1 2 3 4 5 Based upon the Stipulation of the parties and good cause appearing therefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. Good Cause Statement and Confidential Materials. Defendants and 6 Plaintiff have agreed that the below-listed categories of documents shall be 7 designated confidential documents and/or writings because Defendants believe, in 8 good faith, that these documents and/or writings are protected by the Official 9 Information Privilege and Defendants’ rights of privacy, or are otherwise 10 privileged and confidential. Confidentiality will be accomplished by affixing a 11 legend to any responsive document or writing, such as “Confidential”, 12 “Confidential Documents,” “Confidential Material” or words of similar effect. 13 Documents and writings so designated (hereinafter, collectively, “Confidential 14 Information”), shall be treated in accordance with the terms of this Order. 15 2. Confidential Information. This Protective Order shall apply to all 16 Confidential Information produced by Defendants (the “Disclosing Party”) to 17 Plaintiff (the “Receiving Party”), specifically including but not limited to 18 information and documents contained in the Defendants’ confidential personnel 19 files. The Confidential Information may be contained in originals and copies of 20 relevant interrogatory responses obtained from Defendants in this matter; originals 21 and copies of relevant documents responsive to the Plaintiff’s requests for 22 production of documents obtained from Defendants in this matter; and originals and 23 copies of transcripts, video recordings, and audio recordings of any deposition taken 24 in this matter during which the Confidential Information is used, mentioned, 25 reviewed, discussed, or referred to. The Confidential Information shall be subject to 26 this Protective Order as follows: 27 28 3. Storage Of Confidential Information. Immediately upon production by the Disclosing Party, attorneys for the Receiving Party shall personally secure 2 [PROPOSED] ORDER 1 and maintain the Confidential Information in their possession. The Confidential 2 Information shall not, under any circumstances, be left in an open or unsecured 3 location where unauthorized persons (such as unauthorized employees of counsel, 4 cleaning personnel, etc.) might have access to them. 5 4. Confidential Information Legend. All documents containing 6 Confidential Information shall be stamped “CONFIDENTIAL,” 7 “CONFIDENTIAL DOCUMENTS,” “CONFIDENTIAL MATERIAL” or words 8 of similar effect. 9 5. Limitation Of Use Of Confidential Information. Attorneys for the 10 Receiving Party shall not cause or knowingly permit disclosure of the contents of 11 the Confidential Information, in any manner, including orally, beyond the 12 disclosure permitted under the terms and conditions of this Order. Any such 13 disclosure shall be construed as a violation of this Order, except when used for 14 purposes of this litigation as described in Paragraph Nos. 8 and 9 of this Order. 15 6. Testimony Regarding The Confidential Information. In the case of 16 depositions, any party may orally, during the deposition, designate all or any 17 portion of the deposition testimony given in this litigation as Confidential 18 Information. Any questions intended to elicit testimony regarding the contents of 19 the Confidential Information shall be conducted only in the presence of persons 20 authorized to review the Confidential Information as provided in this Order. Any 21 deposition transcript containing such questions and testimony shall be subject to 22 the same protections and precautions applicable to the Confidential Information. 23 7. Inadvertent Disclosure. If the Disclosing Party inadvertently 24 produces any Confidential Information without designating it as such, it may be 25 remedied by (1) promptly notifying all other parties of the error; and (2) 26 providing a substitute copy of the Confidential Information with a proper legend. 27 In that event, the parties receiving the inadvertently produced undesignated 28 Confidential Information will: (1) return the previously produced Confidential 3 [PROPOSED] ORDER 1 Information and destroy all copies thereof; and (2) if the party had already 2 disseminated the Confidential Information to any person, the party will notify all 3 such persons in writing of the need to return such Confidential Information and 4 not to further disseminate it. 5 8. Limitations On The Non-Litigation Use Of Confidential 6 Information. The secrecy and confidentiality of the Confidential Information 7 exchanged during discovery in this action shall be maintained, and all 8 Confidential Information exchanged will be used solely for the litigation of this 9 action. Specifically, the Receiving Party may not use such documents, records, or 10 other information (or the contents thereof) for any other purpose, including use as 11 background material, or for inclusion in books, magazines, newspapers, or other 12 publications. The Receiving Party is prohibited from placing any of the 13 Confidential Information on the internet or providing any of the Confidential 14 Information to any category of persons not designated in Paragraph No. 10 of this 15 Order. 16 9. Court Filings. If necessary in the judgment of attorneys for 17 Receiving Party, said attorneys may show or reveal the contents of the 18 Confidential Information to the court only pursuant to Local Rule 79-5.1. 19 However, nothing in this paragraph shall be construed to bind the Court so as to 20 limit or prevent the publication of any Confidential Information to the jury or 21 factfinder, at the time of trial of this matter, where the Court has deemed such 22 Confidential Information to be admissible into evidence. 23 10. Other Persons Authorized To Review Confidential Information. The 24 Parties’ attorneys of record may be permitted to see originals and obtain copies of 25 the Confidential Information covered by this Order. Also, Defendants, including 26 officers, directors, employees, and experts thereof may be permitted to review the 27 Confidential Information. Additionally, paralegals, secretaries, expert witnesses, 28 and other individuals and entities that may be employed or retained by the 4 [PROPOSED] ORDER 1 Receiving Party to assist in the preparation and/or the litigation of this action may 2 be permitted to see originals and obtain copies of the Confidential Information 3 covered by this Order, provided such experts and employees have first executed 4 the written statement set forth in Paragraph No. 11 below, and comply with the 5 provisions of that section. Plaintiff shall be authorized to review Confidential 6 Information, subject to the limitations set forth in Paragraph No. 12. 7 11. Applicability Of Order To Other Persons. Prior to the disclosure of 8 any Confidential Information to any person described above, attorneys for the 9 Receiving Party who seeks to use or disclose such Confidential Information shall 10 first provide any such person with a copy of this Order, and shall cause him or her 11 to execute the following acknowledgment: 12 “I, _____________________________, do solemnly swear that 13 I am fully familiar with the terms of the Protective Order entered 14 in this action, Eduardo Cervantes v. County of Los Angeles, et 15 al., United States Central District Court Case No. CV 12-09889 16 DDP (MRWx), and I hereby agree to comply with and be bound 17 by the terms and conditions of the said Order with respect to the 18 handling, use and disclosure of any Confidential Information. I 19 understand that I may be subject to penalties for contempt of 20 Court if I violate this Order and hereby consent to the 21 jurisdiction of said Court for purposes of enforcing this Order. 22 I declare under penalty of perjury under the laws of the State of 23 California and the United States of America that the foregoing is 24 true and correct. 25 Dated: __________ 26 Signature: _____________________________” 27 This written requirement applies to, but is not limited to, paralegals, 28 secretaries, expert witnesses, and other individuals and entities that may be 5 [PROPOSED] ORDER 1 employed or retained by the Receiving Party’s counsel to assist in the preparation 2 and/or the litigation of this action. The Receiving Party’s counsel shall be 3 responsible for maintaining the signed original of each such written statement 4 until the conclusion of these proceedings, including any appeal. 5 12. Plaintiff’s Possession of Materials And Redaction Of Defendants’ 6 Personal Identification Information. Plaintiff may not have possession of any 7 Confidential Information, or material derived therefrom, during any period of 8 incarceration in jail or prison. Further, any personal identifying information 9 (including, but not limited to, home addresses, home telephone numbers, personal 10 cell phone numbers, dates of birth, social security numbers, and drivers’ license 11 numbers) of any individual Defendant or other law enforcement officer, contained 12 in any Confidential Information produced or maintained pursuant to this Order, 13 shall be redacted. Any Confidential Information that contains any inadvertently 14 unredacted personal identifying information will be subject to the procedures set 15 forth in Paragraph No. 7 of this Order. Plaintiff’s attorneys or agents may not 16 share any of the Defendants’ personal identifying information with Plaintiff. 17 13. No waiver of objections. Nothing in this Order constitutes any 18 decision by the Court concerning any pending or future potential discovery 19 disputes, or the admission into evidence of any specific document or testimony, 20 or liability for payment of any costs of production or reproduction of documents. 21 This Order also does not constitute a waiver by any party of any right to object to 22 any discovery, or admission into evidence, of any document, record, testimony or 23 other information that is subject to this Order. Nor do Defendants waive any 24 privileges or privacy rights, including, but not limited to, the investigatory files or 25 official information privileges, see, e.g., Weiner v. FBI, 943 F. 2d 972, 985 (9th 26 Cir. 1991), or Miller v. Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering 27 into this Order. 28 6 [PROPOSED] ORDER 14. 1 Subpoena for Confidential Information. In the event that the 2 Receiving Party or his counsel receives a subpoena, discovery request, or other 3 legal process seeking production of Confidential Information, the Receiving Party 4 must give prompt written notice to the Disclosing Party. The Receiving Party 5 shall inform the person or entity seeking the information of the existence of this 6 Order and shall not produce the Confidential Information absent a Court Order 7 requiring such production. 15. 8 9 Return of Confidential Information. Not more than thirty (30) calendar days after the conclusion (including all appeals) of this case, the 10 Receiving Party, his counsel, and every other person and/or entity who received 11 originals or copies of the Confidential Information, shall return all originals and 12 copies of the Confidential Information, and material derived therefrom, including, 13 but not limited to, all log(s) of persons authorized to review the protected 14 documents and the written statement(s) acknowledging the terms and provisions of 15 this Order pursuant to Paragraph No. 11 of this Order, to the Disclosing Parties care 16 of: 17 18 19 20 Daniel S. Cha, Esq. LAWRENCE BEACH ALLEN & CHOI, PC 2677 North Main Street, Suite 370 Santa Ana, California 92705 Alternatively, the Receiving Party, his counsel, and every other person 21 and/or entity who received originals or copies of the Confidential Information may 22 destroy all such material and material derived therefrom within thirty (30) calendar 23 days after the conclusion of this case. If Receiving Party, his counsel, or every 24 other person and/or entity who received originals or copies of the Confidential 25 Information destroy all such material and material derived therefrom within thirty 26 (30 ) calendar days after the conclusion of this case, in lieu of returning the 27 originals or copies of the Confidential Information, counsel for Receiving Party 28 must inform Disclosing Parties of the destruction of all originals and copies of the 7 [PROPOSED] ORDER 1 Confidential information and material derived therefrom, in writing, within 2 fourteen (14) calendar days of the destruction of all the Confidential Information 3 and material derived therefrom. 4 This case has concluded when (i) a final judgment has been entered by the 5 Court or the case has otherwise been dismissed with prejudice; (ii) the time for 6 any objection to or request for reconsideration of such a judgment or dismissal 7 has expired; (iii) all available appeals have concluded or the time for such appeals 8 has expired; and (iv) any post appeal proceedings have themselves concluded. 9 10 16. Survivability of Order. This Order shall survive the termination of this action, and the Court shall retain jurisdiction to enforce it. 11 12 13 14 15 IT IS SO ORDERED. May 12, 2014 Dated: ____________________ /s/ Judge Wilner __________________________________ Honorable Michael R. Wilner United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 8 [PROPOSED] ORDER

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