Felicisima Basa, et al vs. Greti Croft

Filing 14

CONFIDENTIALITY ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 13 . See order for details. (hr)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION FELICISIMA BASA, an individual, and ) SOUTHERN CALIFORNIA HOUSING ) RIGHTS CENTER, INC., d/b/a HOUSING ) RIGHTS CENTER, INC., a California ) nonprofit corporation, ) ) Plaintiffs, ) ) vs. ) ) GRETI CROFT, an individual, ) ) Defendant. ) Case No.: 2:15−cv−01707 TJH (JCx) Assigned to Courtroom: 17 The Hon. Terry J. Hatter, Jr. CONFIDENTIALITY ORDER Action Commenced: 03/09/2015 Trial Date: Not Set Discovery Cut-Off: Not Set Law & Motion Cut-Off: Not Set 20 21 The parties having entered into a Stipulation for the entry of a 22 Confidentiality Order to govern the disclosure, dissemination, and use of 23 “Confidential Information” produced by the parties in this action, and the Court 24 having reviewed the Stipulation and finding good cause for the entry of such an 25 order, HEREBY ORDERS THAT: CONFIDENTIAL INFORMATION 26 27 28 1. Plaintiff Southern California Housing Rights Center (“HRC”) contends that information regarding the investigative techniques used by the HRC -1CONFIDENTIALITY ORDER 1 staff and information relating to any investigation carried out by the HRC is 2 confidential and the public disclosure of such information would jeopardize 3 ongoing and future testing of other property owners’ practices in the City and 4 County of Los Angeles, and would tax the limited resources of the HRC by 5 requiring them to continually find and use new anonymous testers and new 6 investigative techniques. Therefore, Plaintiff HRC seeks to designate documents 7 related to its testers and investigative techniques as confidential. See Shammouh 8 v. Karp, 1996 U.S. Dist. LEXIS 16334 (E.D. Pa. Nov. 5, 1996) (holding good 9 cause exists to treat information regarding the identities of testers and investigative 10 techniques as confidential). 2. 11 Parties also seek to designate as Confidential Information documents 12 pertaining to the ownership or operation of the subject properties, as well as the 13 financial and personal information pertaining to tenants, employees, or 14 independent contractors associated with the management of the subject properties. 3. 15 Any documents or things produced in discovery that contain or reveal 16 Confidential Information or that are designated as Confidential Information under 17 the terms of the Order, and all copies, recordings, abstracts, excerpts, analyses, 18 court filings, or other writings that contain, reflect, reveal, suggest, or otherwise 19 disclose such Confidential Information shall be deemed to be Confidential 20 Information until and unless the court rules otherwise. 4. 21 The provisions of the Order shall not apply to information which can 22 be shown by competent evidence to be: (i) in the public domain at the time of 23 disclosure or, through no fault of the Receiving Party, in the public domain after 24 the time of disclosure; (ii) known to or developed by the Receiving Party prior to 25 the time of disclosure; or (iii) obtained from a third party unrelated to the parties or 26 action and not within its employ. 27 // 28 // -2CONFIDENTIALITY ORDER 1 2 DOCUMENTS 5. For the purposes of this Confidentiality Order, “Documents” means 3 all written, recorded, computerized, electronic, or graphical material or information 4 and things, whether produced or created by a Party or another person, and whether 5 produced in response to a discovery request, subpoena, agreement, or otherwise. 6 7 PARTIES 6. A “Disclosing Party” is the party who produces or discloses 8 Confidential Information, or on whose behalf such information is disclosed, to a 9 receiving party’s attorneys. A “Receiving Party” is any party (either Plaintiff or a 10 defendant) that receives or is permitted to receive Confidential Information from 11 the Disclosing Party under the Order. 12 13 DESIGNATION OF CONFIDENTIALITY 7. Confidential Information shall be disclosed by the parties and their 14 counsel only in accordance with the terms of this Confidentiality Order and shall 15 be used solely for the purposes of this action and shall not be used by the parties or 16 their counsel for any other purpose. The following describes the procedure for 17 designating “Confidential Information” as “Confidential.” a. 18 Confidential Information may be designated by a Disclosing 19 Party as “Confidential” by marking it as “Confidential” or by designating the 20 information as “Confidential” by any separate writing sufficient to identify the 21 information which is provided to the Receiving Party. b. 22 Where such designation is made by stamping or similar means, 23 it shall be made by placing notice on the document, thing, response to discovery, 24 deposition or court transcript or record, information, or document stored on 25 diskette or otherwise in computer usable form, or tangible thing or object, in such a 26 manner as will not interfere with the legibility or accessibility of the Confidential 27 Information. 28 -3CONFIDENTIALITY ORDER c. 1 Information and documents designated as “Confidential 2 Information” shall be subject to the disclosure restrictions of the Order. Any 3 Receiving Party or other person who receives a document so designated is subject 4 to this Confidentiality Order and the jurisdiction of the Central District of 5 California for enforcement of the Order. d. 6 If a party wishes to challenge the designation of a document or 7 portion of a document as “Confidential,” the party challenging the designation 8 shall meet and confer in good faith with the designating party in an attempt to 9 resolve the dispute pursuant to Local Rule 37-1. If the parties are unable to resolve 10 their dispute, they agree to file a joint stipulation, including all issues in dispute 11 and the contentions and points of authorities of each party, prior to seeking 12 adjudication of the matter pursuant to Local Rule 37-2 and Fed. R. Civ. P. 26(c). 13 Any motion challenging a confidential designation must be filed in strict 14 compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation 15 requirement). The party seeking confidentiality has the burden of establishing that 16 protection is warranted under Fed. R. Civ. P. 26(c). DISCLOSURE 17 18 8. Confidential Information disclosed by a Disclosing Party under the 19 Order shall be used by the Receiving Party only for purposes of this litigation and 20 not for any business, commercial, scientific, competitive, or other purpose 21 whatsoever. 22 9. Nothing in this Confidentiality Order shall be construed to impose 23 affirmative obligations on the Court or court personnel, who are subject only to the 24 Court’s internal procedures regarding the handling of material filed or lodged 25 under seal. Confidential Information shall not be disclosed by the parties or their 26 counsel to anyone other than the Court and its officers, counsel and their agents 27 and employees, and the parties. 28 -4CONFIDENTIALITY ORDER 1 10. Counsel may disclose Confidential Information to qualified third- 2 parties employed or retained to assist in the prosecution, defense, or settlement of 3 this action, such as investigators, expert witnesses and technical advisers. Anyone 4 (other than the Court and its personnel) who is allowed to receive Confidential 5 Information shall be provided with a copy of this Confidentiality Order and shall 6 sign a Non-Disclosure Agreement in form set forth below or in a substantially 7 similar form before such disclosure is made: 8 Non-Disclosure Agreement 9 I, (name of individual), have read and fully understand the 10 Confidentiality Order dated (date), in the action BASA, et al v. 11 CROFT, in the United States District Court for the Central District of 12 California. I am familiar with and agree to comply with and be bound 13 by the provisions of said Order and submit myself to the jurisdiction 14 of the United States District Court for the Central District of 15 California for any proceedings with respect to said Confidentiality 16 Order. I will not divulge to persons other than those specifically 17 authorized by said Order, or copy or use, except solely for the 18 purposes of this action, any material or information obtained pursuant 19 to said Order except as specifically permitted by the Court. Dated: 20 (Signature) 21 (Address) 22 (Telephone) 23 24 25 11. Confidential Information may be filed with the Court under seal only by following the requirements set forth in Local Rule 79-5. 12. Prior to hearings or testimony before the Court in this case, the 26 parties, in the event that it is known reasonably in advance of such hearing or 27 testimony that matters involving “Confidential Information” will be raised, shall so 28 advise the Court. -5CONFIDENTIALITY ORDER 1 2 INADVERTENT DISCLOSURE 13. In the event that a party discovers after they have produced 3 information that they have inadvertently failed to designate as “Confidential 4 Information,” that was not designated as Confidential, the disclosing party may 5 designate the information as Confidential by a subsequent notice in writing 6 identifying the information and furnishing the correct designation, in which event 7 the parties shall henceforth treat such information as provided in the Order, and 8 shall undertake a best effort to retrieve any disclosure, dissemination, or use of 9 such information prior to re-designation. 10 11 OTHER 14. Nothing in this Confidentiality Order shall affect the admissibility of 12 any Confidential Information in this action. 13 documents, producing Parties do not waive any objection to the confidential 14 documents’ admissibility, relevance, or any other ground of objection, all of which 15 grounds are specifically reserved. 16 17 18 15. By producing the confidential Within 30 days after the termination of this action all Confidential Information produced by a party shall be returned to that party’s counsel. 16. Nothing in this Confidentiality Order shall be construed to unduly 19 hamper the rights of the parties to prosecute and defend this action. The execution 20 of this Confidentiality Order shall not preclude any party from objecting to 21 discovery that it believes to be improper, from moving the Court for confidentiality 22 orders in the course of this litigation, or from moving for an order modifying or 23 expanding this Confidentiality Order as needed. 24 17. This Confidentiality Order shall survive the final termination of this 25 action. The Court shall retain jurisdiction to enforce this Confidentiality Order for 26 six months after the final termination to resolve any dispute concerning the use of 27 Confidential Information. 28 -6CONFIDENTIALITY ORDER 1 2 18. The parties to this agreement may exercise any rights they may have, at law or in equity, to enforce its terms. 3 4 IT IS SO ORDERED. 5 6 7 8 DATED: April 29, 2015 ___________/s/_______________ Hon. Jacqueline Chooljian United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7CONFIDENTIALITY ORDER

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