Charlie Mabe v. T Page et al

Filing 30

PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Order 29 . (NOTE: Changes have been made to the proposed protective order). (ib)

1 DAVID S. McLANE (SBN 124952)
KAYE, McLANE, BEDNARSKI & LITT, LLP
2 234 East Colorado Boulevard, Suite 230
Pasadena, California 91101
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 Attorney for Plaintiff
6 ANDRÉ BIROTTE JR.
United States Attorney
7 LEON W. WEIDMAN
Assistant United States Attorney
8 Chief, Civil Division
RICHARD M. PARK (Cal. Bar No. 236173)
9 Assistant United States Attorney
Room 7516, Federal Building
300 North Los Angeles Street
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Los Angeles, California 90012
Tel: [phone]
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Fax: [phone]
Email: [e-mail]
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NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT

13 Attorneys for the Defendants
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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CHARLIE MABE,

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Plaintiff,
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v.
T. PAGE, et al.

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Defendants.

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Case No: CV 13-2097 CBM (RZx)
[PROPOSED] PROTECTIVE ORDER

Hon. Ralph Zarefsky
United States Magistrate Judge

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Having reviewed the parties’ Joint Stipulation for

25 Protective Order, and good cause appearing thereof:
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IT IS HEREBY ORDERED that the Bureau of Prisons is permitted

27 to produce (1) Log Book for relevant time periods from MDC-LA 6S,
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1 Special Housing Unit (“SHU”), 9S and 8 (SHU), (2) Specific
2 Orders, Post Orders, and Post Order Review, (3) Daily
3 Assignment/Duty Rosters, (4) Inmate Death Memorandum and evidence
4 photographs, (5) T&As: Time and Attendance records for defendants
Casten-Methu), Castillo, Nicolas-Arafiles, Pereira Littaua, and
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Sinavsky, (6) Religious Services Memo, (7) visitor logs and
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related documents, (8) phone logs and related documents, and (9)
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e-mail logs and related documents (collectively, “Protected
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Information”).
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The Protected Information documents may be redacted prior to
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disclosure to remove (1) the names of non-parties referred to
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therein, (2) personal data identifiers contained therein (if any)
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such as social security numbers, birth dates, FBI numbers,
13 financial account numbers, and home addresses, and (3) financial
14 data (if any) for non-parties.
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The Protected Information shall be used by the parties,

16 counsel, experts, consultants and witnesses only for the purpose
17 of this litigation, and not for any other purpose whatsoever.
18 The Protected Information, and/or contents thereof, shall be
19 disclosed only to:
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1. Counsel of record for the parties;

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2. Plaintiff Charlie Mabe, who shall be permitted to review

22 the Protected Information in the presence of counsel of record,
provided that she shall not be given a copy thereof, shall agree
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to be bound by the terms of the Protective Order issued by the
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Court, and shall execute a confidentiality agreement in the form
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attached hereto as Exhibit A;
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3. Expert consultants/witnesses, who are retained or
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consulted by the parties for the purposes of providing testimony
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1 or performing other services relating to this action, provided
2 that they shall agree to be bound by the terms of this Order and
3 shall execute a confidentiality agreement in the form attached
4 hereto as Exhibit A; or
4. Non-expert witnesses to this action, but only to the
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extent that disclosure is necessary to question a witness or
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prepare a witness to be questioned by another party; provided
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that they shall agree to be bound by the terms of this Order and
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shall execute a confidentiality agreement in the form attached
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hereto as Exhibit A. Said non-expert witnesses shall be
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permitted to review the Protected Information in the presence of
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counsel, but shall not be given a copy thereof to retain.
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All documents, pleadings, or transcripts of deposition
13 testimony filed in this litigation, including any appeal, that
14 contain, or disclose the contents of the Protected Information
15 shall be submitted under seal pursuant to Local Rule 79-5
16 governing confidential court records.
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At the conclusion of this litigation, including any appeal

18 taken therefrom, all originals or reproductions of the Protected
19 Information shall be returned to counsel for defendants within 30
20 days of the termination of the action, including copies provided
21 to expert consultants/witnesses.
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This shall not include documents (1) that have been filed
with the Court or (2) that contain notations of counsel or
experts/consultants, in which case they are to be destroyed by
plaintiff's counsel within 30 days of the termination of the
action.

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Upon completion of this action, including any appeal taken
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therefrom, plaintiff's counsel shall certify to this Court that
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1 they have irretrievably destroyed all documents which are the
2 subject of this Order.

They shall further certify that they have

3 destroyed all copies and/or duplicates, as defined by Rule
4 1001(4) of the Federal Rules of Evidence that they have made of
such documents.
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This Order is not intended to compromise the rights of any
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party to object to discovery pursuant to the Federal Rules of
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Civil Procedure or any other governing authority nor is it
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intended to alter any burden of proof regarding any assertion of
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privilege in this matter. This Order permits defendants to
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produce the Protected Information, but does not constitute an
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order requiring production.
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Nothing in this Order shall prohibit a party from seeking
13 further protection of the Protected Information by stipulation
14 among the parties, approved by the Court, or by application to
15 the Court directly.
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Nothing in this Order constitutes a waiver of any party's

17 right to seek a Court Order permitting the future use and/or
18 production of unredacted copies of the Protected Information.
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Nothing in this Order constitutes a waiver of BOP’s right to

20 use, disclose or disseminate the Protected Information in
21 accordance with the provisions of the Privacy Act, any applicable
22 statutory/regulatory provisions, or BOP policies.
Neither the United States Department of Justice, including
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the BOP and the United States Attorney's Office, nor any of its
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officers, agents employees, or attorneys, shall bear any
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responsibility or liability for any disclosure of any documents
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obtained by plaintiff pursuant to this Order, or of any
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information contained in such documents.
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This Order does not constitute any ruling on the question of

2 whether any particular document or category of information is
3 properly discoverable or admissible and does not constitute any
4 ruling on any potential objection. Other than explicitly set
forth herein this Order does not apply to any information or
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documents subject to a claim of privilege or other basis of
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exclusion, and this Order shall not be precedent for adopting any
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procedure with respect to the disclosure of any such other
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information.
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Notwithstanding  the  foregoing,  this  Order  shall  not  govern 

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12 materials  submitted  in  connection  with  dispositive  motions  or  at  trial.    If 
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protection  is  desired  in  connection  with  those  proceedings,  then  the  parties 

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must  apply  separately,  at  which  time  different  standards  of  evaluation  may 

16 govern.    See  Kamakana  v.  City  and  County  of  Honolulu,  447  F.3d  1172  (9th  Cir. 
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2006).    Any  such  application  should  be  made  to  the  judicial  officer  who  will 

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19 preside at those proceedings. 
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DATED:

April 15__, 2014

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HON. RALPH ZAREFSKY
UNITED STATES MAGISTRATE JUDGE

1 DAVID S. McLANE (SBN 124952)
KAYE, McLANE, BEDNARSKI & LITT, LLP
2 234 East Colorado Boulevard, Suite 230
Pasadena, California 91101
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 Attorney for Plaintiff
6 ANDRÉ BIROTTE JR.
United States Attorney
7 LEON W. WEIDMAN
Assistant United States Attorney
8 Chief, Civil Division
RICHARD M. PARK (Cal. Bar No. 236173)
9 Assistant United States Attorney
Room 7516, Federal Building
300 North Los Angeles Street
10
Los Angeles, California 90012
Tel: [phone]
11
Fax: [phone]
Email: [e-mail]
12
13 Attorneys for the Defendants
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MABE,

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Plaintiff,
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20

v.
T. PAGE, et al.

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22

Defendants.

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Case No: CV 13-2097 CBM (RZx)
AGREEMENT TO BE BOUND BY
PROTECTIVE ORDER

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The undersigned, having read and fully understood the terms

25 of the Protective Order entered by the Court in the
26 above-captioned action, hereby agrees to be bound thereby. The
27 undersigned agrees that the Protected Information as defined by
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EXHIBIT A

1 the Protective Order entered by the Court shall be used only for
2 the purpose of this litigation, and not for any other purpose
3 whatsoever. The undersigned agrees not to disseminate or disclose
4 the Protected Information, or contents thereof. If an original or
5 reproduction of any of the above documents has been provided to
6 the undersigned pursuant to the Protective Order, they shall be
7 returned by the undersigned within 10 days to counsel requesting
the return of said documents or within 10 days of the conclusion
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of any work performed by the undersigned in this litigation.
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DATED:
____________________________
Signature

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____________________________

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Printed Name

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EXHIBIT A