N.A.M. et al v. County of Los Angeles et al

Filing 26

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order 20 (yb)

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DENNIS M. GONZALES, Bar No. 59414
[e-mail]
RAYMOND W. SAKAI, State Bar No. 193507
[e-mail]
ARNOLD F. LEE, State Bar No. 278610
[e-mail]
LAWRENCE BEACH ALLEN & CHOI, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Defendant
County of Los Angeles

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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N.A.M., a minor, individually and as
Successor in Interest to JAVIER
MENDEZ, deceased, by and through
her Guardian Ad Litem, ALINE
BILAMDJIAN, and N.O.M., a minor,
individually and as Successor in
Interest to JAVIER MENDEZ,
deceased, by and through his Guardian
Ad Litem, ALINE BILAMDJIAN,

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Plaintiffs,
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vs.
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COUNTY OF LOS ANGELES, a
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municipal entity, and DOES 1 through )
10, inclusive,
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Defendants.
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Case No. CV 14-04090 JFW (AJWx)
Honorable Andrew J. Wistrich
PROTECTIVE ORDER RE
CONFIDENTIAL MATERIALS
[Stipulation for Protective Order filed
concurrently herewith]

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Having reviewed and considered the Parties’ Stipulation for Protective

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Order Governing Confidential Information Produced During Discovery, good

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cause showing therein, IT IS SO ORDERED:
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Plaintiffs. Plaintiffs are N.A.M., a minor, individually and as

Successor in Interest to JAVIER MENDEZ, deceased, by and through her
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N.A.M.\

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Guardian Ad Litem, ALINE BILAMDJIAN, and N.O.M., a minor, individually

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and as Successor in Interest to JAVIER MENDEZ, deceased, by and through his

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Guardian Ad Litem, ALINE BILAMDJIAN, (hereinafter “Plaintiffs”).
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Defendant. Defendant is County of Los Angeles (hereinafter

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“Defendant”) (Plaintiff and Defendant are collectively referred to hereinafter as

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“the Parties”).

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3.

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of Los Angeles.

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Disclosing Party. Disclosing Party shall refer to Defendant County
Receiving Party. The Receiving Party shall refer to all Parties

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receiving information from Disclosing Party pursuant to this protective order.

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The Receiving Parties are the Parties and their agents as set forth in Paragraph

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Nos. 17 and 18 of this Protective Order.
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Case Summary. This case arises from Plaintiffs’ allegations that

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their rights were violated by Defendant arising from the death of Decedent Javier

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Mendez (“Decedent”) on February 13, 2014.
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Good Cause Statement and Confidential Materials. The Defendant

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anticipate that during discovery in this action they will exchange documents,

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items, or materials and other information that contain sensitive and confidential

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information that derives actual or potential value from not being generally known

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to the public and are the subject of reasonable efforts to maintain their

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confidentiality. Defendant believes, in good faith, that these documents and/or

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writing are protected by the Official Information Privilege, the right to privacy

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guaranteed in Federal Constitution, First Amendment and California Constitution,

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Article I, Section I, and various California Government, Penal, and Evidence

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Code sections, and thus protected from disclosure. This will be accomplished by

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affixing to such document or writing a legend, such as “CONFIDENTIAL” or

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or words of similar

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effect. Documents and writings so designated, hereinafter, collectively,
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(“Confidential Information”), shall be treated in accordance with the terms of this

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stipulation/protective order. Documents, writings and things to be designated as

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such, include the following:

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a)

Any material relating to or regarding the personnel files and/or

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records of any employee or former employee of the Los Angeles County Sheriff’s

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Department (“LASD”);
b)

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Any material relating to any personnel investigations

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conducted by the LASD or other law enforcement agency regarding any member

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or former member of the LASD;
c)

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Any material relating to incidents involving Plaintiffs or

Decedent containing sensitive and private information regarding third parties;
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Any material, including but not limited to records from the

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Glendale Police Department, pertaining to allegations or investigations about

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abuse of Plaintiff minors or any minors, which is produced pursuant to subpoena;

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and
e)

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Any confidential, sensitive and/or private material relating to

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the federal criminal prosecution of Anthony Valento and Gayle Bassett, including

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material from the United States Attorney’s Office.
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Interests In Favor Of Protective Order. This Order is necessary to

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expedite discovery, while maintaining confidential and private information of

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Defendant and third parties, and Defendant believe it is necessary to protect

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parties or persons from annoyance, embarrassment, oppression, or undue burden

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or expense. Further, Defendant contends disclosure of such information without a

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protective order may compromise the safety of Defendant and third parties.
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Stipulation. The Parties are entering into this Stipulation for

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Protective Order to protect against any improper disclosure or risk of

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circumvention of law that might result from disclosure of sensitive and

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confidential information as described in this Order. To informally resolve this
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discovery matter, the Parties have agreed to this Stipulation for Protective Order

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that carefully limits the use and dissemination of the Confidential Information.
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Confidential Information. This Protective Order shall apply to all

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Confidential Information, produced by Disclosing Party to the Receiving Party.

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The Confidential Information may be contained in originals and copies of

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relevant interrogatory responses obtained from Disclosing Party in this matter;

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originals and copies of relevant documents responsive to requests for production

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of documents obtained from the Disclosing Party in this matter; and originals and

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copies of transcripts, video recordings, and audio recordings of any deposition

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taken in this matter during which the Confidential Information is used,

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mentioned, reviewed, discussed, and/or referred to. The Confidential Information

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shall be subject to this Protective Order as follows:
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Storage Of Confidential Information. Immediately upon production

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by the Disclosing Party, attorneys for the Receiving Party shall personally secure

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and maintain the Confidential Information in their possession. The Confidential

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Information shall not, under any circumstances, be left in an open or unsecured

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location where unauthorized persons (such as unauthorized employees of counsel,

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cleaning personnel, etc.) might have access to them.
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Confidential Information Legend. All documents containing

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Confidential Information shall be stamped “CONFIDENTIAL” or

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or words of similar

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effect. Such stamp shall not obscure the document.
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Limitation Of Use Of Confidential Information. Attorneys for the

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Receiving Party shall not cause or knowingly permit disclosure of the contents of

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the Confidential Information, in any manner, including orally, beyond the

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disclosure permitted under the terms and conditions of this Order. Any such

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disclosure shall be construed as a violation of this Order, except when used for

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purposes of this litigation as described in Paragraph Nos. 15 and 16 of this
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Protective Order.

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Testimony Regarding The Confidential Information. In the case of

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depositions, any party may designate all or any portion of the deposition

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testimony given in this litigation as Confidential Information orally during the

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deposition. Any questions intended to elicit testimony regarding the contents of

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the Confidential Information shall be conducted only in the presence of persons

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authorized to review the Confidential Information as provided in this Order. The

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Parties may be present for any such testimony. Any deposition transcript

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containing such questions and testimony shall be subject to the same protections

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and precautions applicable to the Confidential Information.
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Inadvertent Disclosure. If the Disclosing Party inadvertently

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produces any Confidential Information without designating it as such, it may be

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remedied by (1) promptly notifying the other parties of the error; and (2)

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providing a substitute copy of the Confidential Information with a proper legend.

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In that event, the Receiving Parties who have obtained inadvertently produced

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undesignated Confidential Information will: (1) return the previously produced

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Confidential Information and destroy all copies thereof; and (2) if the Receiving

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Party has already disseminated the Confidential Information to any person, the

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Receiving Party will notify all such persons the information was disseminated to

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the Confidential Information in writing of the need to return such Confidential

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Information and not to further disseminate it. This provision applies to any and

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all Confidential Information produced to the Receiving Party.
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Limitations On The Non-Litigation Use Of Confidential

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Information. The confidentiality of the Confidential Information received from

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Defendant during discovery in this action shall be maintained, and all

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Confidential Information exchanged will be used solely for the litigation of this

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action entitled. Specifically, the Receiving Party may not use such documents,

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records, or other information (or the contents thereof) for any other purpose,
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including use as background material, or for inclusion in books, magazines,

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newspapers, or other publications. The Receiving Party is prohibited from

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placing any of the Confidential Information on the Internet.
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Court Filings. If necessary in the judgment of attorneys for

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Receiving Party, said attorneys may show or reveal the contents of the

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Confidential Information to the court only pursuant to Local Rule 79-5 or Ninth

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Circuit Rule 27-13. Receiving Party will inform the Court and Parties of any

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Confidential Information it intends to present during trial so appropriate measure

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may be considered by the Court that may be necessary to protect the Confidential

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Information. Receiving Party’s presentation of Confidential Information during

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trial will not require compliance with the written consent as set forth in paragraph
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Other Persons Authorized To Review Confidential Information. The

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Receiving Parties’ attorneys of record may be permitted to see originals and

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obtain copies of the Confidential Information covered by this Order. Also,

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Defendant, including officers, directors, employees, and experts thereof may be

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permitted to review the Confidential Information. Additionally, paralegals,

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secretaries, expert witnesses, and other individuals and entities that may be

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employed or retained by the Receiving Party to assist in the preparation and/or the

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litigation of this action may be permitted to see originals and obtain copies of the

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Confidential Information covered by this Order, provided such experts and

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employees have first executed the written statement set forth in Paragraph No. 18

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below, and comply with the provisions of that section. The Parties’ attorneys

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may review the Confidential Information with the Parties they represent.
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Applicability Of Order To Other Persons. Prior to the disclosure of

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any Confidential Information to any person described above, attorneys for the

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Receiving Party who seeks to use or disclose such Confidential Information shall

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first provide any such person with a copy of this Order, and shall cause him or her

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to execute the following acknowledgment:
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“I, _____________________________, do solemnly swear that

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I am fully familiar with the terms of the Stipulated Protective

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Order entered in this action and hereby agree to comply with

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and be bound by the terms and conditions of the said Order

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with respect to the handling, use and disclosure of each

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Confidential Document. I understand that I may be subject to

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penalties for contempt of Court if I violate this Order and

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hereby consent to the jurisdiction of said Court for purposes of

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enforcing this Order.
Dated: __________ /s/_____________________________”

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This written requirement applies to, but is not limited to, expert witnesses and

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other individuals and entities that may be employed or retained by the Receiving

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Party’s counsel to assist in the preparation and/or the litigation of this action. The

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Receiving Party shall be responsible for maintaining the signed original of each

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such written statement until the conclusion of these proceedings, including any

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appeal. Counsel for Receiving Parties shall insure that their office staff,

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including, but not limited to, paralegals and secretaries, shall be made aware of

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their obligations under this protective order.
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No waiver of objections. Nothing in this Stipulation and Order

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constitutes any decision by the Court concerning discovery disputes or the

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admission into evidence of any specific document or testimony or liability for

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payment of any costs of production or reproduction of documents. This Order

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also does not constitute a waiver by any party of any right to object to discovery

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or admission into evidence of any document, record, testimony or other

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information that is subject to this Order. Nor do Defendant waive any privileges,

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including, but not limited to, the investigatory files or official information

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privileges, see, e.g., Weiner v. FBI, 943 F. 2d 972, 985 (9th Cir. 1991), or Miller

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v. Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering into this order. By
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signing this order Receiving Parties do not agree that any of these documents are

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protected by any such privileges.
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Subpoena for Confidential Information. In the event that the

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Receiving Party receives a subpoena, discovery request, or other legal process

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seeking production of Confidential Information, the Receiving Party must give

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prompt written notice to the Disclosing Party. The Receiving Party shall inform

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the person or entity seeking the information of the existence of this Stipulation

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and Order and shall not produce the Confidential Information absent a Court

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Order requiring such production.
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Modification. For good cause, any party may seek a modification of

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this Order, first by attempting to obtain the consent of the other parties to such

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modification, and then, absent consent, by application to this Court.
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Return of Confidential Information. No more than thirty (30)

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calendar days after the conclusion of this case the Receiving Party and every

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other person and/or entity who received originals or copies of the Confidential

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Information shall return all originals, copies of the Confidential Information, and

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material derived therefrom, including, but not limited to, all log(s) of persons

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authorized to review the protected documents and the written statement(s)

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acknowledging the terms and provisions of this Order pursuant to Paragraph

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No. 18 of this Order, to the Disclosing Party care of:
Dennis M. Gonzales, Esq.
Raymond W. Sakai, Esq.
Lawrence Beach Allen & Choi, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219

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Alternatively, the Receiving Party and every other person and/or entity who

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received originals or copies of the Confidential Information may destroy all such

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material and material derived therefrom within thirty (30) calendar days after the

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conclusion of this case. Additionally, within thirty (30) calendar days after the
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conclusion of this case, counsel for the Receiving Party shall send a signed

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declaration stating that such material has been destroyed pursuant to this

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Protective Order. This case has concluded when (i) a final judgment has been

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entered by the Court or the case has otherwise been dismissed with prejudice; (ii)

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the time for any objection to or request for reconsideration of such a judgment or

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dismissal has expired; (iii) all available appeals have concluded or the time for

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such appeals has expired; (iv) any post appeal proceedings have themselves

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concluded; and (v) after payment of monies due, if any, to Plaintiff and/or their

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attorneys, whether via judgment, settlement or otherwise. The Parties understand

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that they have no control over documents in possession of the District Court and

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Courts of Appeal. The Receiving Party has no obligation to obtain any such

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Confidential Information that was filed with the court, or part of the trial of this

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matter, other than filing documents in compliance with paragraph 16 or

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Confidential Information returned by the Courts(s).
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Survivability Of This Protective Order. This Stipulation and

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Protective Order shall survive the termination of this action, and the Court shall

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retain jurisdiction to enforce it.
IT IS SO ORDERED.

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Dated: __11/5/2014
__________________
__________________________________
Honorable Andrew J. Wistrich
United States Magistrate Judge

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