Jeremy Bassett et al v. City of Burbank et al

Filing 47

AMENDED PROTECTIVE ORDER RE CONFIDENTIAL MATERIALS by Magistrate Judge Carla Woehrle. The Court Orders the terms of the parties Stipulated Protective Order Regarding Confidential Information. (41) (42) (SEE ORDER FOR FURTHER DETAILS) (gr)

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1 2 3 4 5 6 7 DAVID D. LAWRENCE, State Bar No. 123039 DENNIS M. GONZALES, Bar No. 59414 RAYMOND W. SAKAI, State Bar No. 193507 LAWRENCE BEACH ALLEN & CHOI, PC 100 West Broadway, Suite 1200 Glendale, California 91210-1219 Telephone No. (818) 545-1925 NOTE: CHANGES MADE BY THE COURT Facsimile No. (818) 545-1937 Attorneys for Defendants City of Burbank and Chief Scott LaChasse 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 ) JEREMY BASSETT, APRIL RICKMAN, G. B. through his guardian ) ad litem JEREMY BASSETT, R. B. ) through his guardian ad litem JEREMY ) BASSETT, J. B. through her guardian ) ad litem JEREMY BASSETT, A. B. ) ) through her guardian ad litem ) JEREMY BASSETT, ) ) Plaintiffs, ) ) vs. ) ) CITY OF BURBANK; SCOTT ) LACHASSE; ANTHONY VALENTO; MARK ARMENDARIZ; ) GAYLE BASSETT; and DOES 1-10, ) ) inclusive, ) ) Defendants. ) Case No. CV 14-01348 SVW (CWx) Magistrate Judge Carla Woehrle AMENDED PROTECTIVE ORDER RE CONFIDENTIAL MATERIALS [Stipulation for Protective Order filed concurrently herewith] Having reviewed and considered the Parties’ Stipulation for Protective 23 Order Governing Confidential Information Produced During Discovery, good 24 cause showing therein, IT IS SO ORDERED: 25 1. Plaintiffs. Plaintiffs are Jeremy Bassett, April Rickman, G. B. 26 through his guardian ad litem Jeremy Bassett, R. B. through his guardian ad litem 27 Jeremy Bassett, J. B. through her guardian ad litem Jeremy Bassett, and A. B. 28 through her guardian ad litem Jeremy Bassett, (hereinafter “Plaintiffs”). 1 BASSETT\PROPOSED PROTECTIVE ORDER 1 2 3 2. Disclosing Party. Disclosing Party shall refer to Defendants City of Burbank and Anthony Valento and non-party City of Glendale. 3. Receiving Party. The Receiving Party shall refer to all Parties 4 receiving information from Disclosing Party pursuant to this protective order. 5 The Receiving Parties are the Parties and their agents as set forth in Paragraph 6 Nos. 17 and 18 of this Protective Order. 7 4. Case Summary. This case arises from Plaintiffs’ allegations that 8 their rights under federal and state law were violated as a result of purported 9 wrongful conduct by Defendants related to Plaintiff Jeremy Bassett’s two arrests 10 in 2012 and related criminal prosecution. Plaintiffs further allege that Defendant 11 Valento and Gayle Bassett, Plaintiff Jeremy Bassett’s ex-wife, conspired to extort 12 monies from Plaintiff Jeremy Bassett regarding criminal charges filed against 13 Plaintiff Jeremy Bassett. Plaintiffs also claim that in mid-2013, Defendant 14 Valento used excessive force on Plaintiff G.B. 15 5. Good Cause Statement and Confidential Materials. The Parties 16 anticipate that during discovery in this action they will exchange documents, 17 items, or materials and other information that contain sensitive and confidential 18 information that derives actual or potential value from not being generally known 19 to the public and are the subject of reasonable efforts to maintain their 20 confidentiality. The Parties have agreed that the below-listed documents shall be 21 designated confidential documents and/or writings because the Defendants 22 believe, in good faith, that these documents and/or writings are protected by the 23 Official Information Privilege, the right to privacy guaranteed in Federal 24 Constitution, First Amendment and California Constitution, Article I, Section I, 25 and various California Government, Penal, and Evidence Code sections, and thus 26 protected from disclosure. This will be accomplished by affixing to such 27 document or writing a legend, such as “CONFIDENTIAL” or “CONFIDENTIAL 28 – SUBJECT TO PROTECTIVE ORDER” or words of similar effect. Documents 2 BASSETT\PROPOSED PROTECTIVE ORDER 1 and writings so designated, hereinafter, collectively, (“Confidential 2 Information”), shall be treated in accordance with the terms of this 3 stipulation/protective order. Documents, writings and things to be designated as 4 such, include the following: 5 a) Any material relating to or regarding the personnel files and/or 6 records of any employee or former employee of the Burbank Police Department, 7 including Defendants Mark Armendariz and Anthony Valento ; b) 8 9 Any material relating to any personnel investigations conducted by the Burbank Police Department regarding any member or former 10 member of the Burbank Police Department, including Defendants Anthony 11 Valento and Mark Armendariz; c) 12 13 Any material relating to incidents involving Plaintiffs containing sensitive and private information regarding third parties; d) 14 Any material, including but not limited to records from the 15 Glendale Police Department, pertaining to allegations or investigations about 16 abuse of Plaintiff minors or any minors, which is produced pursuant to subpoena; 17 and e) 18 Any confidential, sensitive and/or private material relating to 19 the federal criminal prosecution of Anthony Valento and Gayle Bassett, including 20 material from the United States Attorney’s Office. 21 6. Interests In Favor Of Protective Order. This Order is necessary to 22 expedite discovery, while maintaining confidential and private information of 23 Defendants and third parties, and Defendants believe it is necessary to protect 24 parties or persons from annoyance, embarrassment, oppression, or undue burden 25 or expense. Further, Defendant contends disclosure of such information without a 26 protective order may compromise the safety of Defendants and third parties. 27 28 7. Stipulation. The Parties are entering into this Stipulation for Protective Order to protect against any improper disclosure or risk of 3 BASSETT\PROPOSED PROTECTIVE ORDER 1 circumvention of law that might result from disclosure of sensitive and 2 confidential information as described in this Order. To informally resolve this 3 discovery matter, the Parties have agreed to this Stipulation for Protective Order 4 that carefully limits the use and dissemination of the Confidential Information. 5 8. Confidential Information. This Protective Order shall apply to all 6 Confidential Information, produced by Disclosing Party to the Receiving Party. 7 The Confidential Information may be contained in originals and copies of 8 relevant interrogatory responses obtained from Disclosing Party in this matter; 9 originals and copies of relevant documents responsive to requests for production 10 of documents obtained from the Disclosing Party in this matter; and originals and 11 copies of transcripts, video recordings, and audio recordings of any deposition 12 taken in this matter during which the Confidential Information is used, 13 mentioned, reviewed, discussed, and/or referred to. The Confidential Information 14 shall be subject to this Protective Order as follows: 15 9. Storage Of Confidential Information. Immediately upon production 16 by the Disclosing Party, attorneys for the Receiving Party shall personally secure 17 and maintain the Confidential Information in their possession. The Confidential 18 Information shall not, under any circumstances, be left in an open or unsecured 19 location where unauthorized persons (such as unauthorized employees of counsel, 20 cleaning personnel, etc.) might have access to them. 21 10. Confidential Information Legend. All documents containing 22 Confidential Information shall be stamped “CONFIDENTIAL” or 23 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or words of similar 24 effect. Such stamp shall not obscure the document. 25 11. Limitation Of Use Of Confidential Information. Attorneys for the 26 Receiving Party shall not cause or knowingly permit disclosure of the contents of 27 the Confidential Information, in any manner, including orally, beyond the 28 disclosure permitted under the terms and conditions of this Order. Any such 4 BASSETT\PROPOSED PROTECTIVE ORDER 1 disclosure shall be construed as a violation of this Order, except when used for 2 purposes of this litigation as described in Paragraph Nos. 15 and 16 of this 3 Protective Order. 4 12. Testimony Regarding The Confidential Information. In the case of 5 depositions, any party may designate all or any portion of the deposition 6 testimony given in this litigation as Confidential Information orally during the 7 deposition. Any questions intended to elicit testimony regarding the contents of 8 the Confidential Information shall be conducted only in the presence of persons 9 authorized to review the Confidential Information as provided in this Order. The 10 Parties may be present for any such testimony. Any deposition transcript 11 containing such questions and testimony shall be subject to the same protections 12 and precautions applicable to the Confidential Information. 13 13. Inadvertent Disclosure. If the Disclosing Party inadvertently 14 produces any Confidential Information without designating it as such, it may be 15 remedied by (1) promptly notifying the other parties of the error; and (2) 16 providing a substitute copy of the Confidential Information with a proper legend. 17 In that event, the Receiving Parties who have obtained inadvertently produced 18 undesignated Confidential Information will: (1) return the previously produced 19 Confidential Information and destroy all copies thereof; and (2) if the Receiving 20 Party has already disseminated the Confidential Information to any person, the 21 Receiving Party will notify all such persons the information was disseminated to 22 the Confidential Information in writing of the need to return such Confidential 23 Information and not to further disseminate it. This provision applies to any and 24 all Confidential Information produced to the Receiving Party. 25 14. Limitations On The Non-Litigation Use Of Confidential 26 Information. The confidentiality of the Confidential Information received from 27 Defendant during discovery in this action shall be maintained, and all 28 Confidential Information exchanged will be used solely for the litigation of this 5 BASSETT\PROPOSED PROTECTIVE ORDER 1 action entitled. Specifically, the Receiving Party may not use such documents, 2 records, or other information (or the contents thereof) for any other purpose, 3 including use as background material, or for inclusion in books, magazines, 4 newspapers, or other publications. The Receiving Party is prohibited from 5 placing any of the Confidential Information on the Internet. 6 15. Court Filings. If necessary in the judgment of attorneys for 7 Receiving Party, said attorneys may show or reveal the contents of the 8 Confidential Information to the court only pursuant to Local Rule 79-5 or Ninth 9 Circuit Rule 27-13. Receiving Party will inform the Court and Parties of any 10 Confidential Information it intends to present during trial so appropriate measure 11 may be considered by the Court that may be necessary to protect the Confidential 12 Information. Receiving Party’s presentation of Confidential Information during 13 trial will not require compliance with the written consent as set forth in paragraph 14 16. Other Persons Authorized To Review Confidential Information. The 15 Receiving Parties’ attorneys of record may be permitted to see originals and 16 obtain copies of the Confidential Information covered by this Order. Also, 17 Defendants, including officers, directors, employees, and experts thereof may be 18 permitted to review the Confidential Information. Additionally, paralegals, 19 secretaries, expert witnesses, and other individuals and entities that may be 20 employed or retained by the Receiving Party to assist in the preparation and/or the 21 litigation of this action may be permitted to see originals and obtain copies of the 22 Confidential Information covered by this Order, provided such experts and 23 employees have first executed the written statement set forth in Paragraph No. 18 24 below, and comply with the provisions of that section. The Parties’ attorneys 25 may review the Confidential Information with the Parties they represent. 26 17. Applicability Of Order To Other Persons. Prior to the disclosure of 27 any Confidential Information to any person described above, attorneys for the 28 Receiving Party who seeks to use or disclose such Confidential Information shall 6 BASSETT\PROPOSED PROTECTIVE ORDER 1 first provide any such person with a copy of this Order, and shall cause him or her 2 to execute the following acknowledgment: 3 “I, _____________________________, do solemnly swear that 4 I am fully familiar with the terms of the Stipulated Protective 5 Order entered in this action and hereby agree to comply with 6 and be bound by the terms and conditions of the said Order 7 with respect to the handling, use and disclosure of each 8 Confidential Document. I understand that I may be subject to 9 penalties for contempt of Court if I violate this Order and 10 hereby consent to the jurisdiction of said Court for purposes of 11 enforcing this Order. 12 Dated: __________ /s/_____________________________” 13 This written requirement applies to, but is not limited to, expert witnesses and 14 other individuals and entities that may be employed or retained by the Receiving 15 Party’s counsel to assist in the preparation and/or the litigation of this action. The 16 Receiving Party shall be responsible for maintaining the signed original of each 17 such written statement until the conclusion of these proceedings, including any 18 appeal. Counsel for Receiving Parties shall insure that their office staff, 19 including, but not limited to, paralegals and secretaries, shall be made aware of 20 their obligations under this protective order. 21 18. No waiver of objections. Nothing in this Stipulation and Order 22 constitutes any decision by the Court concerning discovery disputes or the 23 admission into evidence of any specific document or testimony or liability for 24 payment of any costs of production or reproduction of documents. This Order 25 also does not constitute a waiver by any party of any right to object to discovery 26 or admission into evidence of any document, record, testimony or other 27 information that is subject to this Order. Nor do Defendants waive any privileges, 28 including, but not limited to, the investigatory files or official information 7 BASSETT\PROPOSED PROTECTIVE ORDER 1 privileges, see, e.g., Weiner v. FBI, 943 F. 2d 972, 985 (9th Cir. 1991), or Miller 2 v. Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering into this order. By 3 signing this order Receiving Parties do not agree that any of these documents are 4 protected by any such privileges. 5 19. Subpoena for Confidential Information. In the event that the 6 Receiving Party receives a subpoena, discovery request, or other legal process 7 seeking production of Confidential Information, the Receiving Party must give 8 prompt written notice to the Disclosing Party. The Receiving Party shall inform 9 the person or entity seeking the information of the existence of this Stipulation 10 and Order and shall not produce the Confidential Information absent a Court 11 Order requiring such production. 12 20. Modification. For good cause, any party may seek a modification of 13 this Order, first by attempting to obtain the consent of the other parties to such 14 modification, and then, absent consent, by application to this Court. 15 21. Return of Confidential Information. No more than thirty (30) 16 calendar days after the conclusion of this case the Receiving Party and every 17 other person and/or entity who received originals or copies of the Confidential 18 Information shall return all originals, copies of the Confidential Information, and 19 material derived therefrom, including, but not limited to, all log(s) of persons 20 authorized to review the protected documents and the written statement(s) 21 acknowledging the terms and provisions of this Order pursuant to Paragraph 22 No. 18 of this Order, to the Disclosing Party care of: 23 24 25 26 Dennis M. Gonzales, Esq. Raymond W. Sakai, Esq. Lawrence Beach Allen & Choi, PC 100 West Broadway, Suite 1200 Glendale, California 91210-1219 27 28 8 BASSETT\PROPOSED PROTECTIVE ORDER Alternatively, the Receiving Party and every other person and/or entity 1 2 who received originals or copies of the Confidential Information may destroy all 3 such material and material derived therefrom within thirty (30) calendar days 4 after the conclusion of this case. Additionally, within thirty (30) calendar days 5 after the conclusion of this case, counsel for the Receiving Party shall send a 6 signed declaration stating that such material has been destroyed pursuant to this 7 Protective Order. This case has concluded when (i) a final judgment has been 8 entered by the Court or the case has otherwise been dismissed with prejudice; (ii) 9 the time for any objection to or request for reconsideration of such a judgment or 10 dismissal has expired; (iii) all available appeals have concluded or the time for 11 such appeals has expired; (iv) any post appeal proceedings have themselves 12 concluded; and (v) after payment of monies due, if any, to Plaintiff and/or their 13 attorneys, whether via judgment, settlement or otherwise. The Parties understand 14 that they have no control over documents in possession of the District Court and 15 Courts of Appeal. The Receiving Party has no obligation to obtain any such 16 Confidential Information that was filed with the court, or part of the trial of this 17 matter, other than filing documents in compliance with paragraph 16 or 18 Confidential Information returned by the Courts(s). No more than thirty (30) calendar days after the conclusion of this case the 19 20 Receiving Party and every other person and/or entity who received originals or 21 copies of non-party City of Glendale’s Confidential Information shall destroy all 22 such material and notify the Glendale Records Bureau Administrator of the same. Glendale Police Department Records Bureau Administrator 131 North Isabel Street Glendale, CA 91206 23 24 25 26 27 28 /// 9 BASSETT\PROPOSED PROTECTIVE ORDER 1 22. Survivability Of This Protective Order. This Stipulation and 2 Protective Order shall survive the termination of this action, and the Court shall 3 retain jurisdiction to enforce it. 4 IT IS SO ORDERED. 5 6 7 Dated: June 19, 2014 8 ______________________________ Honorable Carla Woehrle United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 BASSETT\PROPOSED PROTECTIVE ORDER

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