Donovan Rolston v. City of Los Angeles et al

Filing 16

PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL INFORMATION by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 15 . Pursuant to the stipulation executed by Plaintiff and Defendants, the Court issues the following protective order: (SEE ORDER FOR DETAILS.) (mp)

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ROBERT MANN, CSB 48293
DONALD W. COOK, CSB 116666
ATTORNEYS AT LAW
3435 Wilshire Blvd., Suite 2910
Los Angeles, CA 90010
[e-mail]
[phone] / [phone] facsimile

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Case No. CV 13-1085 CAS(AGRx)

DONOVAN ROLSTON,

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Plaintiff,

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vs.

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CITY OF LOS ANGELES, a municipal
corporation; LOS ANGELES POLICE
DEPARTMENT, a public entity;
CHARLIE E. BECK, an individual in
both his personal and official capacities;
OFFICER HEATH ADAMS #30808, an
individual in both his personal and
official capacities and DOES 1-10,

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PROTECTIVE ORDER
REGARDING DISCLOSURE OF
CONFIDENTIAL INFORMATION
DISCOVERY MATTER

NOTE CHANGES MADE BY THE
COURT

Defendants.

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Pursuant to the stipulation executed by Plaintiff and Defendants, the Court issues

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the following protective order:

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A.

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ITEMS COVERED BY THIS PROTECTIVE ORDER
1. The protective order applies only to the following:
a.

The Los Angeles Police Department's Internal Affairs

Investigation which relates to Plaintiff Donovan Rolston’s complaint
regarding the incident underlying the complaint in this case.

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2.

Should any party wish to stamp any of the above records as

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“CONFIDENTIAL” that party may not stamp the records in such a way as to cover any

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written portion of the records. The documents must remain completely legible.

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3. Birth dates, social security numbers and driver’s license numbers may be

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redacted from the records produced, which are NOT covered by this protective order.

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B. USE OF RECORDS
1. Absent further order of the Court, the items covered by this protective order

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may be used in this case only, including any appeals, and not for any other purpose
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whatsoever.
2.

Items covered by this protective order, including any related copies,

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summaries, extracts, notes, photographs, memos, audiotapes and transcripts, shall not

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be disclosed, except to the following persons:

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a. The attorneys of record, including legal assistants, paralegals,

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investigators and clerical employees working under counsel’s supervision,

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as well as outside copying, graphic, computer services, and court reporters

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performing services in connection with this action;

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b. Experts, consultants, investigators and their employees, retained

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and/or consulted by the attorneys of record to assist in the preparation of

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this action;

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c. The parties, including their officers, agents and employees who
are directly assisting counsel with the conduct or resolution of this action;

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d. Witnesses while being examined by counsel at a deposition or
trial. However, if the item is attached as an exhibit to a deposition
transcript, the copy attached as an exhibit shall be redacted to omit names,
birth dates, social security numbers, and addresses.

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3. Before any disclosure of the items covered by this protective order, they will

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inform any person identified in Paragraph 2 above, of the terms of the protective order.

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4. If any party wishes to disclose items covered by this protective order to any

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person other than those listed in Paragraph 2 above, that party shall give written notice

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to the non-disclosing party so that the non-disclosing party can make a motion to prevent

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the disclosure. The party wishing to disclose the information will not to do so unless and
until agreement with the other party is reached, or the other party’s motion is ruled on

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by the court. If however, the other party does not file its motion within two weeks of the
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notice, the party wishing to disclose the information may deem the issue to have been
abandoned.

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5. Upon final determination of this action, whether by judgment, settlement or

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otherwise, including all appeals, and upon the producing party’s request, Plaintiff shall

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return those items, along with all copies, to the producing party. Any messenger or

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postage fees shall be paid by the requesting party. In the alternative, the producing party

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may request the items be destroyed. This provision does not obligate the Court to act in

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a certain matter in relation to the confidential documents.

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6. If any party who receives Confidential Information receives a subpoena or

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other request seeking Confidential Information, he, she or it shall immediately give

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written notice to the Defendants’ counsel, identifying the Confidential Information

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sought and the time in which production or other disclosure is required, and shall object
to the request or subpoena on the grounds of this stipulation so as to afford the

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Defendants an opportunity to obtain an order barring production or other disclosure, or
to otherwise respond to the subpoena or other request for production or disclosure of
Confidential Material. Other than objecting on the grounds of this stipulation, no party

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shall be obligated to seek an order barring production of Confidential Information, which

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obligation shall be borne by the Defendants. However, in no event should production or
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disclosure be made without written approval by the Defendants’ counsel unless required

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by court order arising from a motion to compel production or disclosure of Confidential

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Information.

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7. Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

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written submissions to the Court in this litigation which contains or discloses

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confidential information shall be filed and maintained under Local Rule 79-5, which
governs the filing of documents under seal. If confidential material is included in any

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papers to be filed in Court, such papers shall be accompanied by an application to file
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the papers – or the confidential portion thereof – under seal; the application must
demonstrate good cause for the under seal filing. The application shall be directed to the

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judge to whom the papers are directed. Pending the ruling on the application, the papers

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or portions thereof subject to the sealing application shall be lodged under seal.

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8. At the commencement of trial, unless good cause is shown, the terms of the

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protective order are dissolved, except for the return of the confidential documents to the

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party providing them at the completion of the case.

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9. Counsel for the parties hereto agree that any motions, applications or other pre-

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trial proceedings which entail the discussion or disclosure of Confidential Information

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be heard by the Court outside the presence of the jury or potential jurors, unless having

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heard from counsel, the Court orders otherwise. This order does not govern trial

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proceedings.
10. Nothing herein shall prejudice any party's rights to object to the introduction

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of any Confidential Information into evidence, on grounds including but not limited to
relevance and privilege.
11. This Stipulation may be signed in parts and may be transmitted by
facsimile as if it were the original document.

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C. OTHER
1. The execution of this protective order shall not preclude any party from
moving the court for other or further protective orders during this action.
2. This protective order is subject to amendment and modification by further
stipulation among counsel and/or by order of the Court.
IT IS SO ORDERED.

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DATED: May 23, 2013

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_________________________________
HON. ALICIA G. ROSENBERG
United States Magistrate Judge

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