Lloyd J. Collins v. State Of California et al

Filing 53

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 50 : NOTE CHANGES MADE BY THE COURT: (see attached) (jm)

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LAW OFFICES OF BASTIAN & DINI
ROBERT L. BASTIAN, JR. [SBN 170121]
MARINA R. DINI [SBN 169176]
9025 Wilshire Blvd., Suite 500
Beverly Hills, CA 90211
Telephone: [phone]
Facsimile: [phone]
email: [e-mail]
email: [e-mail]
Attorneys for Plaintiff
LLOYD JOSEPH COLLINS

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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LLOYD JOSEPH COLLINS,

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Plaintiffs,

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vs.

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STATE OF CALIFORNIA, et al.,

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Defendants.

Case No. 2:15-CV-00710-FFM
DISCOVERY STIPULATION &
[PROPOSED] PROTECTIVE
ORDER
[Before the Honorable Magistrate
Frederick F. Mumm]

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Subject to the approval of this Court, the parties hereby stipulate to the
following protective order:

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In connection with discovery proceedings in this action, the parties may

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designate any document, thing, material, testimony or other information

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derived therefrom as "Confidential" under the terms of this Stipulated

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Protective Order (hereinafter "Order"). Confidential information is information

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which has not been made public and which concerns or relates to plaintiff

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LLOYD JOSEPH COLLINS' Request for Production, Set One, propounded on

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defendant COUNTY OF LOS ANGELES, Nos. 1-9, 11, 13 and 15 [relating to jail

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documents and inmate complaints], and plaintiff LLOYD JOSEPH COLLINS’

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DISCOVERY STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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Request for Production, Set One propounded on defendant CHP OFFICER

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DANIEL J. RINGWELSKI [#019101 [relating to the underlying subject internal

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affair's investigation, personnel files, performance evaluations and related

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documents], Nos. 1-3, 5-6, 8-16, 19, 21, 22, 24, 28.

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GOOD CAUSE STATEMENT: Good cause is present because

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widespread dissemination of such materials without district court supervision

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may interfere with the settled privacy expectations of third party witnesses or

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the participants in such investigations, exposing such persons to

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embarrassment unrelated to what is necessary for this litigation and possible

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retaliation.

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Having found good cause, IT IS HEREBY ORDERED by this Court that

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any items produced by defendants in response to plaintiff LLOYD JOSEPH

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COLLINS' Request for Production, Set One, propounded on defendant

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COUNTY OF LOS ANGELES, Nos. 1-9, 11, 13 and 15 [relating to jail

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documents and inmate complaints] and plaintiff LLOYD JOSEPH COLLINS’

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Request for Production, Set One propounded on defendant CHP OFFICER

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DANIEL J. RINGWELSKI [#019101][relating to the underlying subject internal

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affair's investigation, personnel files, performance evaluations and related

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documents] shall be disclosed to counsel for the parties under the following

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protective order:

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1.

Prior to use in this litigation, the "Confidential Material" shall be

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stamped or otherwise marked: "Confidential Material subject to protective

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order."

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DISCOVERY STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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2.

The "Confidential Material" shall be used solely in connection with

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this litigation in the preparation and trial of this case, or any related

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proceeding, and not for any other purpose or in any other litigation.

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3.

The "Confidential Material" may be disclosed only to the following

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persons:

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(a)

counsel for any party to this action;

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(b)

paralegal, stenographic, clerical, and secretarial personnel

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regularly employed by counsel referred to in (a);
(c)

court personnel including stenographic reporters engaged in

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proceedings as are necessarily incidental to preparation for the trial of this

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action, including trial;

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(d)

any outside expert or consultant retained in connection with this

action and not otherwise employed by either party;
(e)

any in-house expert designated by any party to testify at trial in

this matter;
(f)

witnesses who may have the documents disclosed to them during

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deposition proceedings, may not leave the deposition with copies of the

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documents, and shall be bound by the provisions of paragraph 4;

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(g)

parties to this litigation.

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4.

Each person to whom disclosure is made hereunder shall, prior to

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the time of such disclosure, be provided by the person furnishing him/her

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such material, a copy of this order, and shall agree on the record or in writing

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that he/she has read the protective order and that he/she understands the

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provisions of the protective order and agrees to be bound by the same.

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5.

At the conclusion of the trial and of any appeal, or upon other

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termination of this litigation, all "Confidential Material" received in the

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provision of this order (including any copies made) shall be tendered back to

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DISCOVERY STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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counsel for the County of Los Angeles and State of California. Provisions of

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this order insofar as they restrict disclosure and use of the "Confidential

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Material" shall be and remain in effect until further order of this Court.

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6. The addresses, telephone numbers and other personal identifying

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information of the parties, or their family members, shall not be disclosed even

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under the terms of this protective order and such information is to be redacted

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before any disclosure of "Confidential Material." In the event of inadvertent

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disclosure, immediate steps will be taken to redact that information before

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further disclosure.

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7.

Further, the respective counsel for plaintiff, County of Los Angeles

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and State of California, hereby agree that any and all witness information,

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including that of plaintiff and/or defendant's date of birth, home addresses,

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social security number, driver's license number, names and personal

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information of family members, shall remain redacted from all documents

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previously disclosed, and to be disclosed under this protective order.

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8.

The foregoing is without prejudice to the right of any party: a) to

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apply to the court for a further protective order relating to any confidential

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material, or relating to discovery in this litigation; b) to apply to the Court for

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an order removing the "Confidential Material" designation from the document;

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c) to apply to the Court for an order compelling production of documents or

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modification of this order or for any order permitting disclosure of

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"Confidential Material" beyond the terms of this order.

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9.

Any document filed with the Court that reveals "Confidential

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Material" shall be submitted for filing under seal along with an application

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pursuant to Local Rule 79 filed under a sealed label. The submitted

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document should be contained in an envelope with a cover sheet as follows:

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"This document is subject to a protective order issued by the Court and may

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DISCOVERY STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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not be copied or examined except in compliance with that order." Documents

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so labeled shall be kept by the Court under seal to the extent the Court grants

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the application and shall be made available only to the Court or counsel.

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(FFM)

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10.

The persons bound by this agreement agree to subject themselves

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to the jurisdiction of the above-captioned federal court for purposes of the

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enforcement of this agreement and further understand that violation of this

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agreement subjects the violator to the contempt power of the federal court and

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any other remedies available to the aggrieved parties.

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11.

If a party to whom "Confidential Material" has been produced is

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subpoenaed or ordered by another court or administrative agency to produce

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information that is subject to this protective order, such party shall notify

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promptly the party who produced the material of the pending subpoena or

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order. It is the producing party’s responsibility to take whatever action it

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deems appropriate to challenge the subpoena or order in the issuing court or

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agency. The party subject to the subpoena or order shall not produce any

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"Confidential Material" in advance of the date required by the subpoena or

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order. Nothing herein shall be construed as relieving anyone subject to this

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order from any obligation to comply with a validly issued subpoena or

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order. (FFM)

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APPROVED AND SO ORDERED:

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DATED: October 27, 2015

/S/ FREDERICK F. MUMM
THE HON. FREDERICK F. MUMM
United States Magistrate Judge

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DISCOVERY STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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