Clinton D. Alford v. Beck et al

Filing 34

PROTECTIVE ORDER RE: DISCLOSURE OF CONFIDENTIAL INFORMATION by Magistrate Judge Alicia G. Rosenberg 32 . SEE ORDER FOR DETAILS. **** NOT CHANGES MADE BY THE COURT. **** (mp)

2:14-cv-08874-FMO )R Document 32-1 Filed 03/25/15 )age 1 of 7 Page ID #:211

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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I CLINTON D. ALFORD, JR.

) Case No.CV14-08874 FMO (AGRx)
) lion. Fernando M 01gum - Cir,n, 22, 5" FL
) Hon. Mag. Alicia G. Rosenberg Ctr,’n, B, 8’’ El.

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Plaintiff,

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V.

L.A,P,D, CHIEF BECK DET. STEVEN
RAZO 426761, OFFICERS: GARCIA
#37480, CORTEZ #35758, McCOY
#40166, TORNEK #38159 & CITY OF
LOS ANGELES, individually & in their
official capacities as peace officers &;
Does 1-10.

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[PROPOSED] PROTECTIVE
ORDER RE: DISCLOSURE OF
CONFIDENTIAL INFORMATION

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Defendants.

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WHEREAS, Plaintiff Clinton D. Alford, Jr., is seeking materials and information that

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Defendants City of Los Angeles, et al.,("City Defendants") maintain as confidential, such

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as personnel files of the police officers involved in this incident, Internal Affairs materials

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and information, video recordings and other administrative materials and information

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currently in the possession of the City Defendants and which the City Defendants believe

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need special protection from public disclosure and from use for any purpose other than

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prosecuting this litigation;
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2:14-cv-08874-FMO. )R Document 32-1 Filed 03/25/15

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WHEREAS, Plaintiff is also seeking official information contained in the personnel

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files of police officers, including but not limited to Officer Garcia, Officer Cortez, Officer

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Tornek, Officer McCoy and Detective Razo, which the City Defendants maintain as strictly

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confidential and which the City Defendants believe need special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation;
WHEREAS, the City Defendants assert that the confidentiality of the materials and

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information sought by Plaintiff is recognized by California and federal law, as evidenced

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inter alia by Galfbrnia Penal Code section 832.7 and Kerr v. United States Dist. Ci. for

9 N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), affd, 426 U.S. 394 (1976);
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information referenced above except under protective order or pursuant to court order, if at

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WHEREAS, the City Defendants have not publicly released the materials and
all;

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’linary action against Los Angeles Police Department ("LAPD") office

.s been use

dence in disciplinary proceedings, where the officers’
LAPD policy;

nsidered to be cont
WHEREAS, absentap

’ye order delineating the re,

the part of the parties hereto, ther

sDeciflc ris

one or more of the many attorneys,
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messes invoivea in rns case, as w
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et ws

d professional and legal har

ilities ofnondisclosur

ecessarv and undue disciosur
law clerks, paralegals and expe

ne corrisk of embarrassment, harassmer

epart of the L

referenced in the material

d information;
he unfettered disclosure of the materials and

iAft

would allow the media to share this information with poten

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tion, absent

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k&vv. thuid coocl (&uce, ocdex6 as

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Defe ants
ff,
n(hereinafter "Disclosing Party(ies)") may designate as confidential

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any personnel files, videos, Internal Affairs materials or any other materials or writing that

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they, in good faith, believe is protected from disclosure within the meaning of FRCivP

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26(g), in that they believe the material contains confidential or private information. Such

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materials may be classified as subject to this protective order by marking the material, each

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document or writing with a watermark that includes words such as "Confidential,"

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"Confidential Documents," "Confidential Material," "Subject to Protective Order," or words

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of a similar effect, and that includes the case name and case number. Materials and writings

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so designated, and all privileged information derived therefrom [hereinafter collectively
referred to as "Confidential Material"], shall be treated in accordance with the terms of this

Order

iu+atronjn making this designation, the Disclosing Parties are also representing that no

portion of the materials is segregable and, therefore, subject to production without
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restriction as "Confidential,"
2.

Confidential Material may be used by the persons receiving such information

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[hereinafter "Receiving Party(ies)"] only for the purpose of litigation of this case, and for

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such other purposes as permitted by law,

(P

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3.

Ordr

This S*pFlat-ie1applies not only to the Confidential Material, but also to (1)

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

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

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or presentations by Receiving Parties that might reveal Confidential Material.

(9,

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4.

the Confidential

Material may only be disclosed to the Court and to the following "qualified" 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 and Los Angeles Police Department;

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(c)

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

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personnel who are employees in the offices of counsel referred to in subparagraph (a);
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)age 4 of 7 Page ID #:214

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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 in

paragraph 3(a), (c) or (d), counsel for the Receiving Party who seeks to use or disclose such

6 Confidential Material shall first provide a copy of this Stipulation and have the individual
7 to whom the Receiving Party intends to disclose said Confidential Material sign the
8 Nondisclosure Agreement set forth in Attachment "A", stating that the person has received
9 and read a copy of the Stipulation and understands that s/he is bound by the terms of the
10 Stipulation.
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6.

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

12 any qualified person described herein shall retain the original executed copy of the
13 Nondisclosure Agreements until thirty (30) days after this litigation has become final,
14 including any appellate review, and monitoring of an injunction. Counsel for the Receiving
15 Party shall maintain all signed Nondisclosure Agreements and shall produce the original
16 signature page upon reasonable written notice from opposing counsel. If an issue arises
17 regarding a purported unauthorized disclosure of Confidential Material, upon noticed
18 motion of contempt filed by the Disclosing Parties, counsel for the Receiving Party may he
19 required to file the signed Nondisclosure Agreements, as well as a list of the disclosed
20 materials, in camera with the Court having jurisdiction of the Stipulation.
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7.

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

22 part of the depositions in this matter
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Gieihall be subject to this Order. In preparing the original deposition videotape,
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audiotape, or portions thereof, any copies thereof, or portions of copies thereof, all materials
c’i-jr/toy
,
,
ad
ignated as "Confidential Material,"
Jdes

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be segregated from the rest of the deposition. No copies

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of such segregated "Confidential Material" portions of the materials described above shall

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be provided to any persons other than those persons identified in paragraph 4. Nothing in

2 this agreement is intended to limit the rights of third parties to obtain such Confidential
3 Material through discovery and subpoena power in other proceedings, subject to a motion
4 for a protective order filed in those proceedings by the party seeking to prevent disclosure
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of the Confidential Material.
8.

If any "Confidential Material" or testimony derived from such materials occurs

7 at a deposition, those attending such portions of the depositions shall be bound by this
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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 Order f o r
c4r
ca&ii
14 such material. pn-bi -iei4ie of the correction of a designation, the Receiving Party
-c -fra.
O
4oe y’O–
t’&L, +AQV~
T
the material
Ctb.
rPt4 moui
-1FoI-+e-e-I1u

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10.

:Ei.e.

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

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o- LeaAci

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If any Receiving Party who receives Confidential Mat eri al is served with a
pro rvl
subpoena or other request seeking Confidential Material, s/he or it shall 4eJ.y 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 notice
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to

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

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to

this Order and include a copy of this Order. I-eent-thtiH-pru-or-d4Ft,sttre

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12.

Any 4eadiftg

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theJ.in_orni.a1-rn4er-se-ah Any .&therp1eadings, motions, briefs, declarations,
stipulations, exhibits or other written submissions that refer but do not contain or

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incorporate Confidential Material, shall designate the particular aspects that are confidential
so as to enable the Court, in drafting presumptively public orders relating to these filings
under seal, to determine whether there is evidence which the Court should attempt not to
disclose. If any papers to be filed with the Court contain ~MWn& itm-, the proposed
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filing shall be accompanied by an application to file the papers. or the portion thereof
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containing the protected information, under sea l and that 44 s a
shall be directed
to the judge to whom the papers are directed. Pending the ruling on the application, the
papers or portions thereof subject to the sealing application shall be lodged under seal,
13.

i4efRa-t+
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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.
15.

Any violation of this Order may be punished by

any

and all appropriate

measures including, without limitation, contempt proceedings and/or monetary sanctions.
16.

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

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

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materials removed from the protective order and to have the materials declared not
confidential, or o,therwise move to modify, the Stipulation as to some or all of the materials.
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c17. Ahy procedures specified above in this Protective Order are in addition to, an

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

ATTACHMENT "A"
NONDISCLOSURE AGREEMENT
I, _____ ___________

________do solemnly swear that lam fully familiar with the

terms of the Protective Order entered in Clinton D. Alford, Jr., v. LAPD Chief Beck et al.,
United States District Court for the Central District of California, Central Division, Case No.
No.CV14-08874 FMO (AGRx), and hereby agree to comply with and be bound by the terms
and conditions of said Order. I hereby consent to the jurisdiction of the United States
District Court for the Central District of California for purposes of enforcing this Order.

Dated:

Signed:

IT IS SO ORDERED.
Dated:

Mudil 2(o

,2015

By:OL

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HONORABLE ALICIA G. RdSENBERG
UNITED STATES MAGISTRATE JUDGE