Tara McMahon v. Luis Valenzuela et al

Filing 30

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 25 . SEE ORDER FOR DETAILS. ***** NOTE CHANGES MADE BY THE COURT. ***** (mp)

Case : 14-cv-02085-CA-AGR Document 25 Filed 07/25/14 Page 1 of 5 Page ID #:136

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Caleb E. Mason
MILLER BARONDESS LLP
1999 Avenue of the Stars, Suite 1000
Los Angeles, CA 90067
Direct: 310-552-7568
Main: 310-552-4400
Fax: [phone]
[e-mail]

IT IS SO ORDERED.
DATED: 9Wt 25 201’f
UNITED STATES MAGISTRATE JUD
NOTE CHANGES MADE BY THE COURT

Attorneys for Plaintiff, TARA MCMAHON

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TARA MCMAHON, an individual,

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Case No. CV14-2085

Plaintiff,

Cg~
AGRx

STIPULATION FOR PROTECTIVE
ORDER REGARDING
DISCLOSURE OF CONFIDENTIAL
INFORMATION

VS.
CITY OF LOS ANGELES, et al.,
Defendants

NOTE CHANGES MADE BY THE COURT

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Whereas Plaintiff Tara McMahon has propounded requests for production of

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documents upon Defendant City of Los Angeles pertaining to official and confidential

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information, contained in documents maintained by the Defendants, and whereas the

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parties having met and conferred, the parties have stipulated to the following terms and

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conditions:

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A. ITEMS COVERED BY THIS PROTECTIVE ORDER

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1. The protective order applies only to the following:
a. Internal affairs investigation of defendants pertaining to Officers

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Nichols and Valenzuela and plaintiff.
b. Medical records of any party.

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Stip for protective order.wpd

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2.

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

"CONFIDENTIAL" that party may not stamp the records in such a way as to cover any
written portion of the records. The documents must remain completely legible.
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
may be used in this case only, including any appeals, and not for any other purpose
whatsoever.

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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,
investigators and clerical employees working under counsel’s supervision,

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as well as outside copying, graphic, computer services, and court reporters
performing services in connection with this action;
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;
d. Witnesses while being examined by counsel at a deposition or
trial. However, if the item is attached as an exhibit to a deposition

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transcript, the copy attached as an exhibit shall be redacted to omit names,
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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
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
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prevent 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 by the court. If however, the other party does not file its motion within two

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weeks of the notice, the party wishing to disclose the information may deem the issue

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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, any party

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having received confidential material shall return those items, along with all copies, to
the producing party. Any messenger or postage fees shall be paid by the requesting

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party. In the alternative, the producing party may request the items be destroyed. This
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provision does not obligate the Court to act in a certain matter in relation to the
confidential documents.
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 producing party’s counsel, identifying the Confidential Information

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sought and the time in which production or other disclosure is required, and shall object

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to the request or subpoena on the grounds of this stipulation so as to afford the

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producing parties an opportunity to obtain an order barring production or other

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disclosure, or to otherwise respond to the subpoena or other request for production or
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disclosure of Confidential Material. Other than objecting on the grounds of this
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Case 14-v-02085-CA )\GR Document 25 Filed 07/25/14 Page 4 of 5 Page ID #:139

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stipulation, no party shall be obligated to seek an order baiTing production of

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Confidential Information, which obligation shall be borne by the producing parties.

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However, in no event should production or disclosure be made without written approval
by the producing party’s counsel unless required by court order arising from a motion

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to compel production or disclosure of Confidential Information.
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7. Any pleadings, motions, briefs, declarations, stipulations, exhibits or other
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

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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

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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
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
protective order are dissolved, except for the return of the confidential documents to the
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 pretrial proceedings which entail the discussion or disclosure of Confidential Information
be heard by the Court outside the presence of the jury or potential jurors

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’’ -Fc, reiLac’
heard fronicounel, the Court orders othervi@&ounsel for the parties further agree)that
during any portion of the trial of this action which could entail the discussion or
disclosure of Confidential Information, access to the courtroom be limited to parties,

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their family members, their counsel and other designated representative, experts or
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consultants who agree to be bound by this stipulation, testifying witnesses and court
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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

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facsimile as if it were the original document.
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

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stipulation among counsel and/or by order of the Court.

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IT IS SO STIPULATED:

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DATED: July 24, 2014
By
GEOFFREY PLO WDEN, Deputy City Attorney
Attorneys for Defendant City of Los Angeles

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DATED: July 24, 2014
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By
CALEB MASON
Attorneys for Plaintiff Tara Mc Mahaon
DATED: July 24, 2014
By

/S/
PETER FERGUSOIN
Attorneys for Defendant James Nichols

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DATED: July 24, 2014
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By
THOMAS HURRELL
A ttorneys for Defendant Luis Valenzuela
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