Logan Cigrang v. County of Los Angeles et al

Filing 47

PROTECTIVE ORDER by Magistrate Judge Margaret A. Nagle re Stipulation for Protective Order 44 (ec)

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IN THE UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LOGAN CIGRANG,
vs.

Case No.: CV 12-10406 CBM (MANx)

Plaintiff,

(Hon. Margaret A. Nagle)

COUNTY OF LOS ANGELES et al.,

PROTECTIVE ORDER

Defendants.

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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based

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on the parties’ Proposed Protective Order (“Proposed Order”) filed on March 19,

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2014, the terms of the protective order to which the parties have agreed are

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adopted as a protective order of this Court (which generally shall govern the

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pretrial phase of this action) except to the extent, as set forth below, that those

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terms have been substantively modified by the Court’s deletion of paragraph 11

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and amendment of paragraphs 5, 7, and 9 of the Proposed Order.

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The parties are expressly cautioned that the designation of any information,

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document, or thing as CONFIDENTIAL does not, in and of itself, create any

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entitlement to file such information, document, or thing, in whole or in part,

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under seal. Accordingly, reference to this Protective Order or to the parties’

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designation of any information, document, or thing as CONFIDENTIAL is

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wholly insufficient to warrant a filing under seal.

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There is a strong presumption that the public has a right of access to

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judicial proceedings and records in civil cases. In connection with non-

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dispositive motions, good cause must be shown to support a filing under seal.

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The parties’ mere designation of any information, document, or thing as

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CONFIDENTIAL does not -- without the submission of competent evidence,

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in the form of a declaration or declarations, establishing that the material

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sought to be filed under seal qualifies as confidential, privileged, or

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otherwise protectable -- constitute good cause.

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Further, if sealing is requested in connection with a dispositive motion or

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trial, then compelling reasons, as opposed to good cause, for the sealing must be

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shown, and the relief sought shall be narrowly tailored to serve the specific

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interest to be protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-

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79 (9th Cir. 2010). For each item or type of information, document, or thing

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sought to be filed or introduced under seal in connection with a dispositive

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motion or trial, the party seeking protection must articulate compelling reasons,

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supported by specific facts and legal justification, for the requested sealing order.

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Again, competent evidence supporting the application to file documents

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under seal must be provided by declaration.

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Any document that is not confidential, privileged, or otherwise protectable

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in its entirety will not be filed under seal if the confidential portions can be

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redacted. If documents can be redacted, then a redacted version for public

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viewing, omitting only the confidential, privileged, or otherwise protectable

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portions of the document, shall be filed. Any application that seeks to file

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documents under seal in their entirety should include an explanation of why

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redaction is not feasible.

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Notwithstanding any other provision of this Protective Order, in the event

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that this case proceeds to trial, all information, documents, and things discussed

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or introduced into evidence at trial will become public and available to all

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members of the public, including the press, unless sufficient cause is shown in

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advance of trial to proceed otherwise.

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TERMS OF PROTECTIVE ORDER
1.

That the information contained in the documents or items produced

or to be produced by the defendants County of Los Angeles and Probation
Officers Jorge Beltran and Richard Madero (hereinafter “defendants”) in
response to plaintiff’s request for production of documents may contain
statements, documents, and information which are the basis of certain ongoing
employment claims and matters as well as personal and confidential information
as to the defendants. This protective order provides protection for confidential
and personal information contained in the investigative and employee files of the
defendants.
2.

All documents and/or information, including information derived

therefrom, (collectively, “Confidential Information”) produced by any party or
third party pursuant to any discovery request, subpoena, or other provision of the
Federal Rules of Civil Procedure in the above-captioned litigation regarding
personnel or other employment related files of employees of the County of Los
Angeles, including, but not limited to, those of Probation Officers Jorge Beltran
and Richard Madero, as well as any investigative reports, transcripts, and other
writings and recordings regarding the January 8, 2012 incident, which is the
subject of the Complaint in this matter, will be covered by this Protective Order.
3.

All confidential materials produced shall be marked

“CONFIDENTIAL.” If the first page of any multi-page document bears this
legend, then the entire document is deemed confidential, unless otherwise
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indicated by the producing party. The stamping of the legend

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“CONFIDENTIAL” is for identification purposes only, and in the event that a

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document produced is inadvertently not stamped with the legend

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“CONFIDENTIAL,” such document is still subject to the provisions of this

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Protective Order.

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4.

Files, documents, writings, and things to be designated as

“CONFIDENTIAL,” in whole or in part, include the following:

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a) Any Los Angeles County investigation documents, including, but

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not limited to, tape recorded interviews, compelled statements of

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officers, complainants, and other witnesses, supporting

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documentation, listings, transcripts, and photographs; and

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b) Any personnel file(s), background hiring materials, or complaints

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and complaint investigations of any former or current Los Angeles

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County employee, including, but not limited to, performance

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evaluations, commendations, training records, prior personnel

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complaints, disciplinary information, compensation information, and

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information regarding an employee’s off duty time, vacation time,

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sick days, time off, etc.

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5.

Challenging Designation of Confidential Materials. At any time

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after receipt of documents labeled as Confidential Information, the Receiving

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Parties may provide the disclosing Parties with a written objection to the

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classification of specific documents as prohibited from disclosure under this

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Protective Order and the basis for the Receiving Parties’ objection. Upon receipt

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of such a written objection, the disclosing Parties shall provide a written response

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to the Receiving Parties within five business days. If the Disclosing Parties do

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not agree with the position of the Receiving Parties, the Receiving Parties shall

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have the option of proceeding with a discovery motion contesting the confidential

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nature of the disputed documents. The parties shall comply with the meet and
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confer requirements of all applicable provisions of the Federal Rules of Civil

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Procedure and the Local Civil Rules for the Central District of California

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prior to the filing of any such motion.

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6.

All Confidential Information provided in accordance with this

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Protective Order may be used for all proceedings in this matter only, including

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law and motion, trial, and/or appeal. However, without limiting the above use,

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the dissemination of all such Confidential Information will be limited to the same

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individuals entitled to use/review such Confidential Information as stated herein.

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The Court will retain jurisdiction to determine whether any Confidential

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Information may be used before the Court or in the Court.
7.

Testimony taken at any deposition may be designated as confidential

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by making a statement to that effect on the record at the deposition.

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Arrangements shall be made by the party taking the deposition with the Court

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Reporter transcribing such proceedings to separately bind such portions of the

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deposition transcript containing information designated as confidential and to

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label such portions accordingly. Any request to seal Confidential Information

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that becomes part of the record shall be made in accordance with Local Rule

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79-5.1.

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8.

All Confidential Information produced in accordance with the

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Protective Order shall not be used, other than in the instant case, in any

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deposition, legal proceeding for media use/dissemination, or in any other forum,

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nor shall the Confidential Information be disseminated in any form, except by

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Court order, or until such time as the “Confidential” designation is removed by

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agreement of counsel for the parties or by further order of this Court.

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9.

Confidential Information shall be viewed only by: (1) the Court and

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its staff; (2) counsel of record for the receiving party, including associates, clerks,

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and secretarial staff for such parties; (3) the parties to the action, including

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designated representatives of Defendant County of Los Angeles; (4) witnesses
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other than the parties may review any statement made by that witness, reports

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containing, referencing, or repeating that witness’ statements, and evidentiary and

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other items referenced in their statements or reports of their statements, so long as

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that witness has agreed in writing in advance of any disclosure of Confidential

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Information to be bound by this Protection Order; (5) independent experts and

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consultants retained by parties; and (6) any associates, assistants, and secretarial

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personnel of such experts, consultants, and other persons designated by

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agreement of counsel for the parties, and so long as they have agreed in writing in

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advance of any disclosure of Confidential Information to be bound by this

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Protective Order. In the event an individual does not consent to be bound by this

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Protective Order, no disclosure of Confidential Information will be made to such

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individual.

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10.

Confidential Information produced in connection with this Order

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shall not be disclosed, disseminated, or in any manner provided to the media or

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any member of the public, unless the Court has ruled that the Confidential

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Information may be divulged to the media and the public.

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11.

[DELETED]

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12.

Those individuals authorized to review the Confidential Information

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in connection with this litigation are expressly prohibited from duplicating,

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copying, or otherwise distributing, disseminating, or orally disclosing any of the

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disclosed Confidential Information for any purpose to any person or entity not

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permitted access herein.

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13.

Counsel for each party shall take reasonable precautions to prevent

the unauthorized or inadvertent disclosure of Confidential Information.
14.

In the event that the terms of this Protective Order are violated, the

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parties agree that the aggrieved party may immediately apply to this Court to

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obtain injunctive relief and sanctions against any person violating any of the

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terms of this Protective Order. This Court shall retain jurisdiction over the
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parties for the purpose of enforcing this Protective Order, and the Court shall

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have the power to modify this Protective Order at any time and to impose

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whatever penalties it deems appropriate for the violation of this Protective Order.

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Any such request for injunctive relief and/or monetary sanctions must be made

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by a properly noticed motion and pursuant to statute.

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15.

This Protective Order, and the obligations of all persons thereunder,

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including those relating to the disclosure and use of Confidential Information,

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shall survive the final termination of this case, whether such termination is by

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settlement, judgment, dismissal, appeal, or otherwise, until further order of the

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Court.
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The parties will preserve all such Confidential Information and

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copies thereof, and will destroy them or return them to the producing party when

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this litigation is concluded.

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IT IS SO ORDERED.

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Dated: April 2, 2014

By:
MARGARET A. NAGLE
U. S. MAGISTRATE JUDGE

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