Gabriel Sanchez v. County of Los Angeles et al

Filing 44

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order 42 . See document for details. (yb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GABRIEL SANCHEZ, an individual, )
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Plaintiff,
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vs.
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COUNTY OF LOS ANGELES, a
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governmental entity; MORGAN
ARTEAGA, an individual; and DOES )
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1 to 20, inclusive,
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Defendants.
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CASE NO. CV14-06902 JFW (AJWx)
[Assigned to Judge John F. Walter,
Courtroom 16]
PROTECTIVE ORDER FOR
DOCUMENTS AND INFORMATION
DISCLOSED DURING DISCOVERY

Complaint Filed: 9/4/14
Trial: 4/28/15

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After considering the stipulation filed by Plaintiff and Defendant concurrently

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herewith, and with good cause appearing, it is hereby ordered as follows:
The Court hereby issues a protective order precluding publication and limiting

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the use of the following documents and information which contain confidential and

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privileged information: (a) Any information or documents contained in the

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personnel file or employment records of Deputy Morgan Arteaga that is in the

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possession the Los Angeles County Sheriff’s Department (including, but not
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limited to, complaints regarding use of excessive force, other types of complaints,

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internal investigations, disciplinary history, medical records, and payroll records,

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job performance evaluations, education records, employee training records); and

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(b) Information contained in the investigation reports related to the arrest and

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detention of persons other than Plaintiff, which is confidential and has not been

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made public.

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1.

Good cause exists for issuance of a protective order pursuant to Federal

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Rule of Civil Procedure Rule 26(c) to facilitate the production of documents and

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information responsive to the discovery requests of Plaintiffs and to balance the

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privacy interests and protection of information afforded to law enforcement officers

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in the state of California including Deputy Morgan Arteaga that County contends is

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statutorily deemed confidential and protected by California Evidence Code section

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1040 et seq., the official information privilege (Sanchez v. City of Santa Ana, 936

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F.2d 1027, 1033 (9th Cir. 1990)), California Penal Code section 832.5 et seq., and

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California Evidence Code sections 1043 and 1045, and the right to privacy as

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guaranteed by the United States Constitution. Good cause further exists because if

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this confidential information were made public in this proceeding, it could allow for

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misuse of the peace officer personnel information and other official information in

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other judicial and administrative proceedings. Additionally, all named defendants are

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currently active peace officers, some or all of whom regularly work in the field;

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therefore, if this confidential information were made public, the information could be

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misused in ways that endanger the lives of the officers and their families and/or

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interfere with their law enforcement duties.
2.

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The information and/or documentation identified above that are the

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subject of this order will be referred to collectively as the “CONFIDENTIAL

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INFORMATION.”

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litigation as follows:
a.

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CONFIDENTIAL INFORMATION shall be used in this

CONFIDENTIAL INFORMATION shall be used solely in

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connection with this litigation and the preparation of this case, or

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any related appellate proceeding, and not for any other purpose,

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including any other litigation or administrative proceedings.

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Further, Plaintiff’s counsel is expressly prohibited from disclosing

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any CONFIDENTIAL INFORMATION (either the documents or

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deposition testimony themselves, or any information contained

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therein) to either Plaintiff Gabriel Sanchez or the attorneys

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representing Plaintiff in his state court criminal proceedings (Case

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No. 4SY02314).

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b.

CONFIDENTIAL INFORMATION produced in this action may be

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designated by Defendants by marking each page of the document(s)

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with a stamp stating “CONFIDENTIAL”. Should Plaintiff seek

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any CONFIDENTIAL INFORMATION from sources other than

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through Defendant’s counsel, Plaintiff must provide Defendants

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with written notice of their intent to do so no later than ten days

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prior to seeking such documents. This notice shall include the

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name, address, and telephone number of the person or entity from

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whom Plaintiff seeks such CONFIDENTIAL INFORMATION, and

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a detailed description of any documents or information sought.

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Should the CONFIDENTIAL INFORMATION be sought through a

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subpoena, timely service of the subpoena itself on Defendants’

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counsel shall constitute sufficient written notice. Plaintiff agrees

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that the first review of documents or information obtained in this

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manner shall be in the joint presence of both Plaintiff’s counsel and

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Defendant’s counsel, and that Defendants may mark the documents

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and/or testimony as “CONFIDENTIAL” in accordance with the

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procedures outlined herein. This subsection does not modify or

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alter any requirements under the Local Rules or the Federal Rules
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of Civil Procedure, or preclude Defendants from seeking a

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protective order prior to the production of any CONFIDENTIAL

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INFORMATION.

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c.

Testimony taken at a deposition, conference, hearing, or trial may

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be designated as confidential by making a statement to that effect

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on the record at the deposition or other proceeding. Arrangements

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shall be made with the court reporter taking and transcribing such

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proceeding to separately bind such portions of the transcript

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containing information designated as confidential, and to label such

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portions appropriately.

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d.

At any time after receipt of documents labeled “CONFIDENTIAL,”

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Plaintiff may provide Defendants with a written objection to the

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classification of specific documents as “CONFIDENTIAL” and the

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basis for Plaintiff’s objection. Upon receipt of such written

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objection, the Defendants shall provide a written response to

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Plaintiff within three business days. If the Defendants do not agree

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with the position of Plaintiff, the Plaintiff shall have the option of

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proceeding with a discovery motion, pursuant to Local Rule 37 et

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seq., contesting the confidential nature of the disputed documents.

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The parties shall comply with the meet and confer requirements of

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Local 37 et seq. prior to the filing of any such motion. The

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Defendants shall bear the burden of establishing the confidential

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nature of the disputed documents.

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e.

Under

no

circumstances

shall

the

CONFIDENTIAL

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INFORMATION, or the information contained therein, be retained,

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compiled, stored, used as a database, or disseminated, in any form,

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except for purposes of this litigated matter in accordance with this

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Protective Order or by further order of the Court.
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f.

Defendants reserve all evidentiary objections, including but not

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limited to the following objections: on grounds that particular

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documents are CONFIDENTIAL by the attorney-client privilege

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and/or the attorney work product doctrine; official information

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privilege; are not likely to lead to the discovery of admissible

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evidence, and as such are not relevant to the causes of action raised

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by this lawsuit under Federal Rules of Civil Procedure, Rule

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26(a)(1)(A)(B); and all remedies under the code, including the right

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to recess the deposition to bring a protective order before the Court.

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g.

Plaintiff reserve all rights and remedies under the Federal Rules of

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Civil Procedure and the Federal Rules of Evidence pertaining to

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discovery.

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h.

CONFIDENTIAL INFORMATION and the information contained

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therein may not be disclosed, except as set forth in paragraph 2(i)

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below.

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i.

CONFIDENTIAL INFORMATION may only be disclosed to the

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following persons:

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i.

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Counsel for Plaintiff (excluding Plaintiff’s criminal counsel in
LASC Case No. 4SY02314)

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ii.

Paralegal, law clerk, stenographic, clerical, and secretarial

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personnel regularly employed by counsel referred to in

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paragraph 2(i)(i) above.

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iii. Court personnel, including stenographic reporters, necessary

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for the preparation and processing of this action.

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iv. Any expert or consultant retained in the instant case.

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v.

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j.

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Any individual approved by the Court.

CONFIDENTIAL INFORMATION shall not be divulged to any
other person or entities, including the print, radio, television, or any

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other media.

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k.

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CONFIDENTIAL INFORMATION shall not be posted on the
internet or on any website.

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l.

If CONFIDENTIAL INFORMATION is included in any papers to

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be filed in Court, such papers shall be labeled “Confidential –

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Subject to Court Order” and requested to be filed under seal in

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accordance with Local Rule 79-5.

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m. In the event that any of the CONFIDENTIAL INFORMATION is

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used in any Court proceeding in this action, it shall not lose its

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confidential status through such use, and the party using

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CONFIDENTIAL INFORMATION shall take all reasonable steps

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to maintain its confidentiality during such use, including but not

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limited to redaction and/or filing documents under seal.

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n.

Nothing in paragraph 2(e) is intended to prevent authorized

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government officials for the County of Los Angeles from having

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access to the documents if they had access in the normal course of

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their job duties.

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3.

Plaintiff, Plaintiff’s counsel, Defendants, and Defendant’s counsel shall

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cause the substance of this Protective Order to be communicated to each person to

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whom CONFIDENTIAL INFORMATION is revealed and/or disseminated and shall

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obtain agreement to abide by the Protective Order from each such person.

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4.

After completion of the judicial process in this case, including any

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appeals or other termination of this litigation, all CONFIDENTIAL INFORMATION

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received under the provisions of this Order and copies thereof shall be destroyed or

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returned to the attorneys of record for Defendants, Collins Collins Muir + Stewart

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LLP, 1100 El Centro Street, South Pasadena, CA 91030. This case shall be completed

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when (i) a final judgment has been entered by the Court or the case has otherwise

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been dismissed with prejudice; (ii) the time for any objection to or request for
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reconsideration of such a judgment or dismissal has expired; (iii) all available appeals

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have concluded or the time for such appeals has expired; and (iv) any post appeal

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proceedings have themselves concluded. The provisions of this Order shall be in

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effect until further order of this Court.

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5.

Any counsel, expert, or consultant retained in the instant case or

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investigator retained by counsel for any party to this case, shall not disclose the

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CONFIDENTIAL INFORMATION or the information contained therein in to any

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other persons or entities for any reason, nor in any other court proceeding subject to

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further order of this Court.

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6.

Provisions of this Order insofar as they restrict disclosure and the use of

material shall be in effect until further order of this Court.

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7.

For good cause, any party may seek a modification of this Order, by first

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attempting to obtain the consent of the other parties to such modification, and then,

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absent consent, by application to this Court.

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IT IS SO ORDERED.

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_____2/18/15___________________
Date

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__________________________________
Hon. Andrew J. Wistrich
United States Magistrate Judge

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