Damion Russell et al v. City of Los Angeles et al

Filing 42

Stipulated PROTECTIVE ORDER re Personnel Complaints & Training Issues by Magistrate Judge Charles F. Eick. (sp)

Case 2 14-cv-07926-JFW-E Document 41-1 Filed 08/31/15 Page 1 of 8 Page ID #:592

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tJNITEI). STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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V.

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) Case No CVI4-7926-JFW ft,x)
& Case No CV 14-9433 JFW(Ex)
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’ DR et al Plaintiff,

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CITY OF LOS ANGELES, et al.
Defendants

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DAMION RUSSELL, et al.

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Plaitniffs,

DEFENDANT CITY OF LOS
ANGELES, et at. AND
PLAINTIFFS’ STIPULATED
PROTECTIVE ORDER RE
PERSONNEL COMPLAINTS &
TRAINING ISSUES

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V.

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CITY OF LOS ANGELS, et al

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PROTEtTI J’E ORDER I’ERSOANEL

RELATED DOCUMENTS

After the Plaintiffs DAMION RUSSELL, an incapacitated adult, by and Through

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his Guardian, JO ANN PRICE, JO ANN PRICE, in her individual capacity & Q,DR., a

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Stipulated Protecti ve Order

CV14-79.26JFW (Ex)

Case 2 14-cv-07
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Minor, By and Through Her Guardian Ad Litem KIANNA LEE (hereinafter referred to

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as "Plaintiffs ), by and through their attorneys of record, Humbert(.) Guizar, Esq. of
4 Guizar Henderson & CarrazcoL.LP. (Counsel for Russel )& A. George Glasco, Esq. of
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the LAW OFFICES OF A. GEORGE GLASCO, P.C. (Counsel for Q.D.R.) and
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7 Defendants CITY OF LOS ANGELES, a local public entity, CHARLES L. BECK., AKA
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CHARLIE BECK., CHIEF OF THE LOS ANGELES POLICE DEPARTMENT;

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10 OS WALDO PEDEMENTE; ROBERT VILLALOBOS (hereinafter referred to as
11 "Defendants"),by and through then attorneys of record, Michael N Feuer, City
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Attorney. Cory M Brente Supervising Assistant C i ty Attoi ney and Christian R
istian
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14 Booi quez conferred regarding the Production of Personnel Documents, including any
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Complaints of Excessive Force and Discipline for Excessive Force (5 Years), IT IS
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17 HEREBY ORDERED, pursuant to the stipulation oithc parties that the following
18 Protective Order, and its terms shall govern documents and things in this matter:
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For purposes of this Order. Confidential Materials include, but are not limited to
2 1 the following five (5) categories of requested personnel documents regarding the subject
2 matters at: I) hulure to Train , 21 Excessive Force: 31 Failure to Follow Guidelines andior
23 Policies-, and 4)

Re-Training:.

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Employee periodic evaluations for the past five (.5) yeals,

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Complaints of Excessive Force for the past five () years with the

understanding that any and all documents, summaries, Officer Statements and/or writings

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created during the above-listed Complaints, whether recorded or transcribed are
protected,
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Any records revealing the result(s of the use of forces described above

within the past five (5) years;
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Any records of re-training;

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Any records ol disciplinary action within the past five (5) years.

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10 Protection for any and all documents produced, which include, but are not limited to, the
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following:

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Interviews,
Officer Statements whether written 01 recorded;
Legend wldiagram;
Pictures - Which coincide with an Officer(s) compelled
statement which were intended to iellect the Officer’s stated or
perception of events,
Investigative Narrative ,
MI addenda

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II. TERMS OF THE PROTECTIVE ORDER
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The Confidential Documentation being provided pursuant to this Protective

22 Order will he accomplished by affixing to such document or writing a legend, such as
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"Confidential," "Confidential Documents," "Confidential Material Subject to Protective

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25 Order" oi’words of similar effect. The documents and writings so designated, and all
26 information derived therefrom (hereinafter, collectively, ’Confidential Information"),

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shall be treated in accordance with the terms of this stipulation/protective order, The

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der

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519

L "Confidential’ Watermark shall not obscure the writings on the document’s legibility and
shall not be repeated more than once per page.
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Confidential Information may be used by the persons receiving such

6 information only for the purpose of this above-captioned litigation.
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Subject to the further conditions imposed by this stipulation/protective order,

8 Confidential Information may be disclosed only to the following persons
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Counsel for the parties and to experts, investigators, paralegal assistants,
office cleiks, secretaries and other such personnel working under their
supervision,

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Such other parties as may be
hereto, or by Court Order.

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Prior to the disclosure of any Confidential Information to any person

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by written stipulation among the parties

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16 described in paragraph 3(a), or 3(b) counsel for the party that has received and seeks to
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8 use or disclose such Confidential Information shalt first provide any such person with a
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19 Copy of this protective order, and shall cause him or her to execute the following
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acknowledgment

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"1 understand that I am being given access to Confidential Information

23 pursuant to the torgoing protective order, I have read the stipulation/protective order
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/ and agree to be bound by its terms with respect to the handling, use and disclosure of
26 such Confidential Information.
Dated:/8/ *

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Once this is completed, Counsel for Plaintiffs will serve a copy of the acknowledgment

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upon Defendants.

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Upon the final termination of this federal litigation, including any appeal

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pertaining .thereto including but not limited to any event wherein the case is ever

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7 remanded to State Court or dismissed and refiled in State Court, all Complaints.
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Investigations. Repbrts, materials, as well as any other Court Ordered Documents

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:io provided pursuant to this Protective Order and all copies thereof shall be returned to the

11 Offices of the Los Angeles City Attorney’s Office, 6th Floor, City Hall Fast Los
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Angeles, California 90012 for
All Confidential documentation
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destruction/shredding.

14 provided to any person or party, pursuant to any provision hereof, also shall be returned
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to the City Attorneys Office.
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II any party who recercs Confidential Inoi mation receives a subpoena
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18 and/or public record request seeking Confidential Information, he. she or it shall
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20 immediately give" written notice to counsel fordefendants, identifying the Confidential
Information sought. and the time in which production or other disclosure is required, and
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shall object to the request or subpoena an the grounds of this stipulation/protective order

24 so as to afford defendants an 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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27 disclosure of Confidential Material, However, in no event should production or
28 disclosure he made without written approval by defendants’ 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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3 lnlbnnation.. Nothing in this Protective Order should be construed as authorizing party
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in this action to disobey a :la’\’t’uJl directive from another court.
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Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

7 written submissions to the Court in this litigation which contain, reflect, incorporate or
refer to Confidential Information, it shall be the party seeking to use such information
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10 burden to first request the sealing of such documents pursuant to Local Rule 79-5.1.
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Counsel -for the parties hereto agree to request that in the event any motions,

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applications or other pre-trial. proceedings which could entail the discussion or disclosure

1.4 of Confidential Information., that such a Party will first seek. special permission from
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Court to hear such information outside the presence of the jury. Counsel for the parties

17 further agree that, during any portion of the trial of this action which could entail
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the

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discussion or disclosure of Confidential information, that Defendants will have an

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opportunity to make a special request to the Court that access to the courtroom be limited

21 to parties their counsel and other designated representative, experts or consultants who

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agreed to be bound by this stipulation/protetive order, and court pci sonnel

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Nod’tiug liereiii shall prejudice 111V partys rights to ob Cd to the introduction

Confidential Infornitition into evdcnce on grounds including, hut not lnnitut to

relevance and privilege.
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This Protective Order survives settlements trial and/or appeal.

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ITI-S’W STIPULATED

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r)ATa): August 24. 2015

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lV11(tl1AJ:1, N. FEUEI&, Cit)’

TO
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.At(OWCY

By:

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(1 IRIS I IAN R B() }ORQt I / Deputy- City Attorney
Attoun. loi Uclendant C. 1 [Y[)1 LOS AN(jlJ ES

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DA 1111) , August 0 0 IS GUIZARIANV/
SRS
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,&(ARRA/( 0 LI P

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Oflhloil

Russell and

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20 I)ATEi): August
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LAW OFFICES OF A. OFORih GLA.SCO P.C.
By
A
hiough
Attorneys: for Q I) R Minor, 13) and Through
Her Guardian Ad Lii.em Kianria Lee, Plaintiff

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*TIth is a continued Signature Page for the ALDERLAW, P.C. Attorney’s & the
2 Honorable Magistrate Judge CHARLES E J1’CK signature for the Stipulated Protective
Order.
Note

4 DATED: August
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9 DATED: August

2015

ALDL
BY

2015

E ALDER
Attorneys for Plaintiffs Dainion Russell and
Jo’rioc

ALDERLAW, P.C.

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URA SEDRISH
Attorneys for Plaintiffs Darnion Russell and
Jo Aim Price

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Dated,
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MAOISTRATF CHARLES F BICK
United States Magistrate Judge

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Page
t1puiated Protective 0d

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