Aloni Bonilla v. California Highway Patrol et al

Filing 68

PROTECTIVE ORDER FOR DISTRICT ATTORNEY FILES by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 66 . (See Order for details) (bem)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ALONI BONILLA,
Plaintiff,

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Case No. CV 14-2174 BRO (JPRx)
PROTECTIVE ORDER FOR
DISTRICT ATTORNEY FILES

v.

13 CHP OFFICER JOSE RAMIREZ AND
CHP OFFICER ROBERT
14 BERNARDINO
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Defendants.

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Based upon the Stipulation of the Parties and, GOOD CAUSE APPEARING,

19 IT IS ORDERED THAT,
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1.

The PROTECTED DOCUMENTS shall be used solely in connection

21 with the preparation and trial of this action, Aloni Bonilla v. CHP Officer Jose
22 Ramirez et al. -- Case No. CV 14-2174 BRO (JPRx), or any related appellate
23 proceeding, and not for any other purpose, including any other litigation. This
24 paragraph shall not preclude the Plaintiff's or Defendants' attorneys of record in this
25 case from indicating, in connection with discovery or a discovery motion in another
26 action, an awareness of responsive documents. In indicating such awareness in any
27 other action, the Plaintiff's and Defendants' attorney of record shall not disclose the
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CV 14-2174 BRO (JPRx)

1 substance of the Confidential Information.
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2.

The PROTECTED DOCUMENTS shall be treated as confidential by

3 Plaintiff and Defendants and their respective counsel and shall not be further
4 disclosed, disseminated or otherwise distributed except as provided in this
5 Protective Order.
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3.

The PROTECTED DOCUMENTS, or any portion thereof, may not be

7 disclosed, distributed or disseminated except as provided in subparagraph (d) below.
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4.

The PROTECTED DOCUMENTS, or any portion thereof, may only be

9 disclosed to the following persons:
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(a)

Counsel for Parties only and specifically not to Plaintiff or Defendants

11 with the exception of any recordings, written or otherwise, of Plaintiff's or
12 Defendants' own statements;
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(b)

All members of the Parties' legal teams, including, but not limited to,

14 paralegal, investigative, support, stenographic, clerical and secretarial and related
15 personnel regularly employed by counsel referred to in subparagraph (1) above.
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(c)

The Court and Court personnel, including stenographic reporters

17 engaged in such proceedings as are necessarily incidental to preparation for the trial
18 of this action; and
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(d)

Expert witnesses designated by Plaintiff's or Defendants' counsel solely

20 for the purpose of this litigation.
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5.

Furthermore, each person (except Court personnel) to whom disclosure

22 of The PROTECTED DOCUMENTS, or any portion thereof, is made, with the
23 exception of those identified in subparagraph d. above who are presumed to know
24 the contents of this Protective Order, shall, prior to the time of disclosure, be
25 provided a copy of this Protective Order by the person furnishing him/her such
26 material, and shall agree on the record or in writing that he/she has read the
27 Protective Order, and that he/she understands the provisions of the Protective Order,
28 and that he/she agrees to be bound by the provisions of this Protective Order. Such
HOA.1988958.1
CV 14-2174 BRO (JPRx)
PROTECTIVE ORDER FOR
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1 person (except Court personnel) also must consent in writing to be subject to the
2 jurisdiction of the United States District Court, Central District of California, with
3 respect to any proceeding relating to enforcement of this Order, including without
4 limitation, any proceeding for contempt. Unless made on the record in this
5 litigation, counsel making the disclosure to any person described above shall retain
6 the original executed copy of said agreement until final termination of this litigation.
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6.

If the PROTECTED DOCUMENTS, or any portion thereof which were

8 not part of a public filing, are to be filed with the Court by any of the parties to this
9 STIPULATION, in any form, the party who wishes to do so shall prepare the
10 Application required by Local Rule 79-5.1 beforehand.
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7.

Nothing in paragraph 4 is intended to prevent officials or employees of

12 the County of Los Angeles or other authorized governmental officials from having
13 access to the PROTECTED DOCUMENTS if they would have had access in the
14 normal course of their job duties. Further, nothing in this Protective Order prevents
15 subsequent attorneys representing Plaintiffs or Defendants in a re-trial or other post16 trial proceedings from gaining access to the PROTECTED DOCUMENTS to the
17 extent they are otherwise available through ordinary discovery procedures or similar
18 means. Finally, nothing in this Order precludes a witness from disclosing events or
19 activities personal to him or her; that is, a witness can disclose to others information
20 previously given to the County of Los Angeles with respect to what he or she saw,
21 heard or otherwise sensed.
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8.

The foregoing is without prejudice to the right of the Plaintiff,

23 Defendants and the DA:
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a.

To apply to the Court for a further protective order relating to

25 confidential material or relating to discovery in this litigation; and
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b.

To apply to the Court for an order compelling production of documents

27 or modification of this protective order or for any order permitting disclosure of
28 documents or the information contained therein the terms of this protective order.
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PROTECTIVE ORDER FOR
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c.

Plaintiff and Defendants do not waive any right to assert, inter alia, that

2 the DA does not have a legitimate interest or need to limit access to documents
3 reflecting and/or related to its internal decision making process in Plaintiff's or
4 Defendants' case and do not waive their respective rights seeking discovery of these
5 documents. Plaintiff and Defendants do not waive their rights to seek disclosure of
6 any and all documents in the possession of the DA relating to the District Attorney
7 files for the cases subpoenaed and identified above on any and all applicable
8 grounds, including but not limited to his rights and guarantees afforded to them by
9 law.
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9.

Once the Protective Order issues, the following schedule will take

11 effect, subject to extraordinary circumstances or by mutual agreement of the
12 Plaintiff, Defendants and the DA:
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a.

Within Fifteen (15) calendar days of the notice to counsel for the

14 DA, of the Court's entry of the Protective Order, the DA will make available, for
15 inspection and/or photocopying, the non-privileged, non-confidential documents in
16 its possession, custody or control, which are responsive to the above-referenced
17 subpoenas duces tecum.
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b.

The Plaintiff and Defendants shall place a stamp on each

19 PROTECTED DOCUMENT marked "Confidential–Subject to Protective Order."
20 The marking shall not, to the extent practicable, prevent or impede the reading of the
21 text of the PROTECTED DOCUMENT. If through its inadvertence, surprise or
22 neglect, the Plaintiff or Defendants do not label a PROTECTED DOCUMENT as
23 indicated, counsel for Plaintiff and/or Defendants shall so notify the DA and shall
24 place the phrase "Confidential–subject to Protective Order," on the PROTECTED
25 DOCUMENT.
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c.

Within Thirty (30) days after the date that an Order terminating

27 this litigation becomes no longer subject to judicial review, counsel for Plaintiff and
28 Defendants shall promptly return to the DA all copies of the PROTECTED
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1 DOCUMENTS and shall certify it has not retained any such documents, or portions
2 thereof except as required by the Court.
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10.

This Protective Order, when entered into by the Court, shall be

4 retroactive to the date of the initial disclosure of documents made by the DA in this
5 matter.
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11.

This Protective Order is entered into without prejudice to the right of

7 any party and/or the DA to file any motion for relief from the Court from any
8 restriction hereof or for any other or further restriction on the production, exchange,
9 or use of any documents, testimony, or other information produced, given, or
10 exchanged in the course of discovery in this action. Further, by entering into this
11 Protective Order, neither Plaintiff nor Defendants waive the right to file a Motion in
12 Limine regarding all or a portion of the PROTECTED DOCUMENTS. This Order
13 may be modified, amended, or vacated by further Order of the Court.
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12.

This Protective Order shall survive the final determination for this

15 action and shall remain in full force and effect after conclusion of all proceedings
16 herein, and the court shall have continuing jurisdiction to enforce its terms.
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IT IS SO ORDERED.

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19 DATED: February 12, 2016

__________________________

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HON. JEAN P. ROSENBLUTH
United States District Court
Magistrate Judge

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HOA.1988958.1

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DISTRICT ATTORNEY FILES

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CV 14-2174 BRO (JPRx)