Stanley Jordan v. City of Hawthorne et al

Filing 32

PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. IT IS SO ORDERED. re Stipulation for Protective Order 31 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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STANLEY JORDAN,

Case No.14-CV-07554-ODW-JPR

Plaintiff,

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NOTE CHANGES MADE BY
THE COURT

vs.
CITY OF HAWTHORNE, ET AL,

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PROTECTIVE ORDER

Defendant.
TRIAL DATE: October 13, 2015

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The parties hereto through their attorney have stipulated and agreed to be
bound by the following Stipulated Protective Order.
WHEREAS, Plaintiff, STANLEY JORDAN, seeks police records that

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contain personal identifying information of witnesses and victims to crimes of

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which Plaintiff has been convicted; and

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WHEREAS, Plaintiff, STANLEY JORDAN may seek confidential records

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pertaining to the personnel records and private information regarding police

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officers from the CITY OF HAWTHORNE POLICE DEPARTMENT

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(“HAWTHORNE”), which are Confidential documents under the Federal Rules of

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Civil Procedure, and which are protected from disclosure under the California

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Evidence Code and Penal Code; and
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CV14-07554 (ODW)

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WHEREAS, the parties desire to preserve the identity and safety of victims
and witnesses, and

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WHEREAS, witnesses to and victims of crimes as well as police officers

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have a heightened right to privacy and protection of their confidential identifying

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information and personnel records for reasons of personal safety and public policy,

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the parties agree to be bound by a Protective Order in this case according to the

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following terms, conditions, and requirements; and

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WHEREAS, the parties agree that should the Judge presiding over this

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action not have the opportunity to review and sign this [Proposed] Protective Order

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before the production of any confidential materials is required to further the

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progress of this litigation, all materials produced that are marked confidential or

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attorneys’ eyes only will be subject to this Protective Order.
WHEREAS, the parties agree that should the Judge add, or change the terms

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of the Protective Order, the parties agree to be bound by the terms as ordered by

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the Court.
Terms, Conditions, and Requirements of the Protective Order

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1.

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All documents produced by HAWTHORNE in Defendants’ Rule 26

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Early Disclosures or in response to Plaintiff’s Request for Production of

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Documents pertaining to personal identifying information of civilian witnesses and

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victims, and any documents pertaining to police officers’ confidential personnel

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files1, and any documents or information derived therefrom, shall be considered to

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be “Confidential - Attorneys’ Eyes Only” Documents. In particular, witness,

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victim and personal identifying information of officers shall not be disclosed to

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Plaintiff, Stanley Jordan, unless by order of this Court or the information is

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necessary to the presentation of claims or defenses at the time of trial. This

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Confidential Personnel File includes but is not limited to citizen complaints,
internal affairs investigations, training records, disciplinary records, personal
identifying information, job applications and applications testing results.

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provision does not prohibit or prevent any party from attempting to introduce or

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moving to exclude relevant evidence at the time of trial.

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2.

All documents produced by HAWTHORNE, and any documents or

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information derived therefrom, considered to be “Confidential-Attorneys' Eyes

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Only,” shall be used solely for purposes of this litigation and may not be used for

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any other purpose whatsoever, including but not limited to the purpose of

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dissemination to the media or public, or in connection with any other litigation or

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proceedings.
3.

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All documents produced by HAWTHORNE, and any documents or

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information derived therefrom, considered to be “Confidential-Attorneys' Eyes

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Only,” shall be maintained in Plaintiff Counsel’s office in a secure location that is

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not readily accessible to persons other than those directly involved in the

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prosecution of this lawsuit, meaning Plaintiff’s attorneys of record, and support

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staff.

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4.

All documents produced by HAWTHORNE, and documents or

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information derived therefrom, considered to be “Confidential-Attorneys' Eyes

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Only,” that are stored electronically by Plaintiff’s Counsel shall be required to

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comply with the terms and conditions of this Order, the same as if the

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electronically stored documents or information derived therefrom were hard

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copies.

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5.

All documents produced by HAWTHORNE, and any documents or

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information derived therefrom, considered to be “Confidential-Attorneys' Eyes

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Only,” shall be viewed or disclosed only as necessary in this matter and only to the

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following persons under the following conditions:

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a. Plaintiff’s and Defendant’s Attorney(s);

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b. Plaintiff’s and Defendant’s Attorney Staff;

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c. Experts - No disclosure to experts shall occur until after the expert

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has signed a copy of the declaration attached hereto as Exhibit “A”
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under penalty of perjury indicating the expert will abide by the

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protective order, the expert’s signed declaration has been served on

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counsel for the opposing party, and the expert’s signed declaration

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has been filed with the Court; and,

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d. Court – No "Confidential-Attorneys' Eyes Only” document or any

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documents or information derived therefrom, shall be disclosed

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publically to the Court absent a Court order to that effect. Any

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documents subject to the Protective Order shall be “lodged under

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seal” with the Court pursuant to Local Rule 79-5 unless submitted
for in camera review by order of the Court.

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6.

The designation of discovery material as "Confidential-Attorneys'

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Eyes Only,” shall be so designated by affixing the legend, as appropriate, of

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"Confidential-Attorneys' Eyes Only” to each page containing any "Confidential-

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Attorneys' Eyes Only” Discovery Material. Affixing the appropriate legends on the

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cover of any multipage document which is bound, stapled, or otherwise securely

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attached shall designate all pages of the document as "Confidential-Attorneys' Eyes

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Only,” unless otherwise indicated by the producing party.

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If the producing party inadvertently produces Discovery Material that

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it considers to be "Confidential-Attorneys' Eyes Only” without such designation,

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the producing party may subsequently designate such Discovery Material as

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"Confidential-Attorneys' Eyes Only” by delivering written notice of such

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designation to the other parties within a reasonable period after becoming aware of

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the inadvertent failure to designate such Discovery Material, with the effect that

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such Discovery Material will thereafter be subject to the protections afforded by

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this Order. The initial failure to designate information in accordance with this

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Order shall not be deemed a waiver of confidentiality.

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Court Filings – No disclosure of any "Confidential-Attorneys' Eyes

Only” document or any documents or information derived therefrom, shall be filed
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with the Court without a prior Court order and except under Local Rule 79-5. If

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the Court grants a party permission to file a "Confidential-Attorneys' Eyes Only”

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item under seal with the Court, the parties shall meet and confer as to the filing of a

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duplicate copy of the document in order to identify any non-confidential

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information that may be filed and made part of the public record. Such duplicate

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documents containing non-confidential information shall be titled to show that it

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corresponds to an item filed under seal, e.g., “Redacted Copy of Sealed

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Declaration of John Smith in Support of Motion for Summary Judgment.” The

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sealed and redacted documents shall be filed simultaneously.

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Court/Trial Exhibits – No disclosure of any "Confidential-Attorneys'

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Eyes Only” document or any documents or information derived therefrom, shall be

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given to any juror to review, used for any purpose during trial, or introduced into

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evidence without prior written stipulation with opposing counsel or pursuant to

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Court order. In the event that any "Confidential - Attorneys' Eyes Only" Discovery

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Material is allowed by the Court to be used in any court proceeding in this action,

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it shall not lose its status as "Confidential - Attorneys' Eyes Only" Discovery

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Material through such use. Counsel shall confer on such procedures as are

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necessary to protect the confidentiality of any documents, information, and

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transcripts used in the course of any such court proceedings with Court permission.

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If any third party serves a subpoena or other process or request

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seeking to review any information designated as "Confidential - Attorneys' Eyes

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Only" the party to whom the demand is made (the “Recipient”) shall inform the

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producing party’s counsel immediately in writing and shall not permit inspection

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by or production to any third party on the grounds of the existence of this Order

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unless otherwise ordered by a court or the producing party agrees in writing.

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Nothing herein shall be construed as requiring the Recipient or anyone else

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covered by this Order to challenge or appeal any order requiring production of

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"Confidential - Attorneys' Eyes Only" Discovery Material covered by this Order, or
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to subject himself, herself, or itself to any penalties for non-compliance with any

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legal process or order.

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Nothing in this Order shall bar or otherwise restrict counsel for any

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party from rendering advice to their clients with respect to this action and, in the

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course thereof, from relying upon the examination of "Confidential - Attorneys'

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Eyes Only" Discovery Material; provided, however, that in rendering such advice,

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and in otherwise communicating with their clients, counsel shall not disclose the

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contents of "Confidential - Attorneys' Eyes Only" Discovery Material except in

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accordance with the terms of this Order.

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This Order shall survive the final termination of this action and the

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Court shall retain jurisdiction to resolve any dispute concerning the use of the

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information disclosed hereunder.

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Within sixty (60) calendar days after the conclusion of this action in

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its entirety (including expiration of appeal periods or the execution of a settlement

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agreement among the parties finally disposing of this action), all parties and

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persons having received "Confidential - Attorneys' Eyes Only" Discovery Material

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shall dispose of all such material either by (i) returning such material to counsel for

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the producing party, or (ii) destroying such material in a manner that ensures that it

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will not be disclosed to or disseminated or recovered by any person. Upon request,

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the parties, their counsel, and any experts shall separately provide written

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certification to any producing party making the request that such disposal has been

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completed.

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Counsel for the parties shall be entitled to retain all court papers,

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disposition and trial transcripts, exhibits used in affidavits, at depositions, and at

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trial, and attorney work-product, including materials which contain, quote, discuss,

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or analyze "Confidential - Attorneys' Eyes Only" Discovery Material, provided that

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such counsel and employees of such counsel shall continue to comply with all the

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terms of this Protective Order unless, after reasonable prior notice to the producing
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party, the disclosing counsel has obtained permission pursuant to court order or by

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agreement of the producing party.

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This agreement shall be binding upon and for the benefit of the

undersigned parties, the parties counsel, their successors and assigns.
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This Order is not binding on the Court or Court personnel. The Court

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may amend or modify this Order in the interests of justice or for public policy

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reasons at any time.

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DATED: ________________

THE COCHRAN LAW FIRM

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By: _______________________________
Brian Dunn, Esq.
Megan Gyongyos, Esq.
Attorneys for Plaintiff, Stanley
Jordan

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DATED: __________________

RUSSELL I. MIYAHIRA
CITY ATTORNEY

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By: _______________________________
Alison Stevens, Esq.
Attorneys for Defendants,
City of Hawthorne and
Matthew Manley

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DATED: : __________________

CARPENTER, ROTHANS & DUMONT

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By: _______________________________
Steven Rothans, Esq.
Attorneys for Defendants,
City of Hawthorne and
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Matthew Manley

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IT IS SO ORDERED.

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DATED: May 28, 2015

JEAN ROSENBLUTH
Honorable Jean P. Rosenbluth
United States Magistrate Judge

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