Cash Jerome Ferguson-Cassidy v. City of Los Angeles et al

Filing 95

PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 86 . (See Order for details) [Note Changes Made By The Court] (bem)

1 Kevin E. Gilbert, SBN: 209236

LOZANO SMITH

2 2001 North Main Street, Suite 650

Walnut Creek, CA 94596
[phone]
Facsimile:
[phone]
4 Email:
[e-mail]
3 Telephone:

NOTE: CHANGES MADE BY THE COURT

5 Attorney for Defendant

OFFICER JACOB MAYNARD

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA

LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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CASH JEROME FERGUSON-CASSIDY,
Plaintiff,

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Case No. 14-CV-06768 SVW (JPRx)

DISCOVERY MATTER

v.
CITY OF LOS ANGELES; LOS

14 ANGELES POLICE DEPARTMENT; and

PROTECTIVE ORDER

JACOB MAYNARD, Police Officer II,

15 LAPD Serial No. 34820, in his official and
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individual capacity,

Defendants.

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{SR160781}

[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

Discovery Cutoff:
Pretrial Conference:
Trial Date:

None set
August 31, 2015
September 8, 2015

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WHEREAS, Defendant City of Los Angeles, Los Angeles Police Department and

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Defendant Officer Jacob Maynard (“City Defendants”) are seeking information which

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Plaintiff Cash Jerome Ferguson-Cassidy (“Plaintiff”) contends is confidential and

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requires special protection from public disclosure, such as psychological evaluations and

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testing related to Plaintiff’s claimed damages in the above-referenced litigation; and

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WHEREAS, absent a protective order delineating the responsibilities of
nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary and

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LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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undue disclosure by one or more of the many attorneys, secretaries, law clerks, paralegals

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and expert witnesses involved in this case, as well as the corollary risk of embarrassment,

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harassment and professional and legal harm on the part of Plaintiff referenced in the

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materials and information.

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STIPULATION

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Accordingly, the parties stipulate as follows:

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1.

Plaintiff (hereinafter “Disclosing Party(ies)”) may designate as confidential

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any psychological testing materials, data, results, reports and/or evaluation conducted by

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any licensed healthcare provider and/or their designee which he, in good faith, believes is

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protected from disclosure within the meaning of Fed.R.Civ.P. 26(g), in that he believes

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the material contains confidential or private information. Materials and writings so

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designated, and all privileged information derived therefrom (hereinafter collectively

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referred to as “Confidential Material”), shall be treated in accordance with the terms of

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this Stipulation. In making this designation, the Disclosing Parties are also representing

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that no portion of the materials is segregable and, therefore, subject to production without

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restriction as “Confidential.”

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2.

Confidential Material may be used by the persons receiving such

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information (hereinafter “Receiving Party(ies)”) only for the purpose of litigation of this

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case, and for such other purposes as permitted by law.

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[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

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3.

This Stipulation applies not only to the Confidential Material, but also to:

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(1) any information copied or extracted from the Confidential Material; (2) all copies,

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excerpts, summaries or compilations of Confidential Material; and (3) any testimony,

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conversations, or presentations by Receiving Parties that might reveal Confidential

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Material.

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4.

Subject to the further conditions imposed by this Stipulation, the

Confidential Material may only be disclosed to the Court and to the following “qualified”

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LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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persons:

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(a)

Counsel of record for the parties to this civil litigation;

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(b)

Defendants City of Los Angeles, Los Angeles Police Department

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and/or Officer Maynard;

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(c)

Attorneys, paralegals, law clerks, stenographic, clerical and secretarial

personnel who are employees in the offices of counsel referred to in subparagraph (a);

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(d)

Parties to the litigation;

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(e)

Expert witnesses consulted and/or retained for this action; and

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(f)

The judge and court personnel, including stenographic reporters.

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5.

Prior to the disclosure of any Confidential Material to any person described

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in paragraph 4(a), (c) or (d), counsel for the Receiving Party who seeks to use or disclose

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such Confidential Material shall first provide a copy of this Stipulation and have the

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individual to whom the Receiving Party intends to disclose said Confidential Material

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sign the Nondisclosure Agreement set forth in Attachment “A,” stating that the person

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has received and read a copy of the Stipulation and understands that s/he is bound by the

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terms of the Stipulation.

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6.

Unless made on the record in this litigation, counsel making the disclosure to

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any qualified person described herein shall retain the original executed copy of the

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Nondisclosure Agreement until thirty (30) days after this litigation has become final,

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[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

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including any appellate review, and monitoring of an injunction. Counsel for the

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Receiving Party shall maintain all signed Nondisclosure Agreements and shall produce

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the original signature page upon reasonable written notice from opposing counsel. If an

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issue arises regarding a purported unauthorized disclosure of Confidential Material, upon

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noticed motion of contempt filed by the Disclosing Party, counsel for the Receiving Party

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may be required to file the signed Nondisclosure Agreement, as well as a list of the

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disclosed materials, in camera with the Court having jurisdiction of the Stipulation.

LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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7.

The court reporter, videographer and audiographer, if any, who record all or

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part of the depositions in this matter shall be subject to this Protective Order provided

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that they sign a copy of attachment A. In preparing the original deposition videotape,

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audiotape, or portions thereof, any copies thereof, or portions of copies thereof, all

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materials designated as “Confidential Material,” and all testimony involving information

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derived from such “Confidential” materials shall be segregated from the rest of the

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deposition. No copies of such segregated “Confidential Material” portions of the

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materials described above shall be provided to any persons other than those persons

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identified in paragraph 4. Nothing in this agreement is intended to limit the rights of

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third parties to obtain such Confidential Material through discovery and subpoena power

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in other proceedings, subject to a motion for a protective order filed in those proceedings

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by the party seeking to prevent disclosure of the Confidential Material.

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8.

If any Confidential Material or testimony derived from such materials occurs

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at a deposition, those attending such portions of the depositions shall be bound by this

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Protective Order provided that, if they are not a party or counsel, they sign a copy of

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Attachment A, and, therefore, shall not disclose to any person or entity, in any manner.

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9.

An inadvertent failure to designate qualified materials or items does not,

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standing alone, waive the Disclosing Party’s right to secure protection under this

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Protective Order for such material. Upon being notified of the correction of a

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[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

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designation, the Receiving Party must make reasonable efforts to assure that the material

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is treated in accordance with the provisions of this Protective Order.

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10.

Upon final termination of this litigation, including any appeal pertaining

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thereto, all materials still classified as Confidential Material at that time, and all copies

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thereof, including copies provided to any qualified person in paragraph 3 herein above,

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shall be returned to the Disclosing Party within thirty (30) days.

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11.

If any Receiving Party who receives Confidential Material is served with a

LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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subpoena or other request seeking Confidential Material, s/he or it shall immediately give

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written notice to counsel for the Disclosing Parties, identifying the Confidential Material

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sought and the time in which production or other disclosure is required. Such notice shall

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be given sufficiently in advance of the date for production or other disclosure so that the

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Disclosing Parties have the 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. The Receiving Party also shall immediately give

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notice to the party who caused the subpoena or other request to issue that the material is

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subject to this Order and include a copy of this Order. If the disclosing party timely

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challenges the subpoena or other order, in no event should production or disclosure be

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made without prior written approval by the Disclosing Party’s counsel unless required by

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court order arising from a motion to compel production or disclosure of Confidential

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Material.

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12.

Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

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written submissions to the court in this litigation which contain or incorporate

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Confidential Material shall be filed and maintained in accordance with Local Rule 79-5,

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which governs the filing of materials under seal. Any other pleadings, motions, briefs,

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declarations, stipulations, exhibits or other written submissions that refer but do not

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contain or incorporate Confidential Material, shall designate the particular aspects that

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[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

are confidential so as to enable the court, in drafting presumptively public orders relating

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to these filings under seal, to determine whether there is evidence which the court should

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attempt not to disclose. If any papers to be filed with the court contain protected

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information, the proposed filing shall be accompanied by an application to file the papers

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or the portion thereof containing the protected information, under seal and that the

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application shall be directed to the judge to whom the papers are directed. Pending the

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ruling on the application, the papers or portions thereof subject to the sealing application

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LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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shall be lodged under seal.

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13.

Counsel for the parties agree to request that any motions, applications or

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other pre-trial proceedings which would entail the disclosure of Confidential Material be

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heard by the court in a manner that would preserve the confidential nature of the

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information, unless having heard opposition from counsel to such a process, the court

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orders otherwise.

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14.

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Nothing herein shall prejudice any party’s rights to object to the introduction

of any Confidential Material into evidence.

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15.

Any violation of this Protective Order may be punished by any and all

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appropriate measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

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16.

Any party bound by this Stipulation who contests the confidential nature of

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materials produced pursuant to this Stipulation may move the court for an order to have

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the materials removed from the protective order and to have the materials declared not

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confidential, or otherwise move to modify the Stipulation as to some or all of the

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materials. Any such motion must be filed in compliance with Local Rule 37.

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[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

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Any procedures specified above in this Protective Order are in addition to,

and not in lieu of, compliance with the local rules regarding discovery motions.

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IT IS SO ORDERED.

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LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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Dated: August 31, 2015

By:
HONORABLE JEAN P. ROSENBLUTH
UNITED STATES MAGISTRATE JUDGE

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[Proposed] Protective Order [14-cv-06768 SVW (JPRx)]

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ATTACHMENT “A”

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NONDISCLOSURE AGREEMENT

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I, __________________________do solemnly swear that I am fully familiar with
the terms of the Protective Order entered in Cash Jerome Ferguson-Cassidy v. Los

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Angeles Police Department, et al., United States District Court for the Central District of

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California, Central Division, Case No. CV14-06768 SVW (JPRx), and hereby agree to

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LOZANO SMITH
2001 North Main Street, Suite 650 Walnut Creek, California 94596
Tel [phone] Fax [phone]

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comply with and be bound by the terms and conditions of said Protective Order. I hereby

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consent to the jurisdiction of the United States District Court for the Central District of

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California for purposes of enforcing this Order.

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Dated:

Signed:

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{SR160781}

Attachment “A” Nondisclosure Agreement [14-cv-06768 SVW (JPRx)]