John Johnson v. City of Long Beach

Filing 25

PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. (sbou)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 JOHN JOHNSON, 12 Plaintiff, 13 14 v. CITY OF LONG BEACH, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. CV 15-02201-PJW PROTECTIVE ORDER 16 17 1. A. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of 19 confidential, proprietary, or private information for which special 20 protection from public disclosure and from use for any purpose other 21 than prosecuting this litigation may be warranted. 22 parties hereby stipulate to and petition the Court to enter the 23 following Stipulated Protective Order. 24 this Order does not confer blanket protections on all disclosures or 25 responses to discovery and that the protection it affords from public 26 disclosure and use extends only to the limited information that is 27 entitled 28 principles. to confidential treatment Accordingly, the The parties acknowledge that under the applicable legal The parties further acknowledge, as set forth in Section 1 12.3, below, that this Stipulated Protective Order does not entitle 2 them to file confidential information under seal; Civil Local Rule 3 79-5 sets forth the procedures that must be followed and the standards 4 that will be applied when a party seeks permission from the court to 5 file material under seal. 6 7 B. GOOD CAUSE STATEMENT 8 This action is likely to involve private information for which 9 special protection from public disclosure and from use for any purpose 10 other than prosecution of this action is warranted. 11 and information consist of, information implicating privacy rights of 12 third parties, information otherwise generally unavailable to the 13 public, or which may be privileged or otherwise protected from 14 disclosure 15 decisions, or common law. Accordingly, to expedite the flow of 16 information, to facilitate the prompt resolution of disputes over 17 confidentiality 18 information the parties are entitled to keep confidential, to ensure 19 that the parties are permitted reasonable necessary uses of such 20 material in preparation for and in the conduct of trial, to address 21 their handling at the end of the litigation, and serve the ends of 22 justice, a protective order for such information is justified in this 23 matter. It is the intent of the parties that information will not be 24 designated as confidential for tactical reasons and that nothing be so 25 designated without a good faith belief that it has been maintained in 26 a confidential, non-public manner, and there is good cause why it 27 should not be part of the public record of this case. under state of or federal discovery statutes, materials, 28 2 to Such materials court rules, adequately case protect 1 2. DEFINITIONS 2 2.1 Action: This pending federal law suit. 3 2.2 Challenging Party: a Party or Non-Party that challenges the 4 5 designation of information or items under this Order. 2.3 "CONFIDENTIAL" Information or Items: information (regardless 6 of how it is generated, stored or maintained) or tangible things that 7 qualify for protection under Federal Rule of Civil Procedure 26(c), 8 and as specified above in the Good Cause Statement. 9 10 11 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates 12 information or items that it produces in disclosures or in responses 13 to discovery as "CONFIDENTIAL." 14 2.6 Disclosure or Discovery Material: all items or information, 15 regardless of the medium or manner in which it is generated, stored, 16 or maintained (including, among other things, testimony, transcripts, 17 and tangible things), that are produced or generated in disclosures or 18 responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience 20 in a matter pertinent to the litigation who has been retained by a 21 Party or its counsel to serve as an expert witness or as a consultant 22 in this Action. 23 2.8 House Counsel: attorneys who are employees of a party to 24 this Action. House Counsel does not include Outside Counsel of Record 25 or any other outside counsel. 26 2.9 Non-Party: any natural person, partnership, corporation, 27 association, or other legal entity not named as a Party to this 28 action. 3 1 2.10 Outside Counsel of Record: attorneys who are not employees 2 of a party to this Action but are retained to represent or advise a 3 party to this Action and have appeared in this Action on behalf of 4 that party or are affiliated with a law firm which has appeared on 5 behalf of that party, and includes support staff. 6 2.11 Party: any party to this Action, including all of its 7 officers, directors, employees, consultants, retained experts, and 8 Outside Counsel of Record (and their support staffs). 9 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 11 2.13 Professional Vendors: 12 litigation 13 translating, preparing exhibits or demonstrations, and organizing, 14 storing, or retrieving data in any form or medium) and their employees 15 and subcontractors. 16 17 services 2.14 Protected Material: (e.g., photocopying, videotaping, any Disclosure or Discovery Material that is designated as "CONFIDENTIAL." 18 19 support persons or entities that provide 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 20 21 3. 22 SCOPE The protections conferred by this Stipulation and Order cover not 23 only 24 information copied or extracted from Protected Material; (2) all 25 copies, excerpts, summaries, or compilations of Protected Material; 26 and (3) any testimony, conversations, or presentations by Parties or 27 their Counsel that might reveal Protected Material. 28 Protected Material (as defined above), but also (1) any Any use of Protected Material at trial shall be governed by the 4 1 orders of the trial judge. 2 This Order does not govern the use of Protected Material at trial. 3 4 4. 5 DURATION Even after final disposition of this litigation, the 6 confidentiality obligations imposed by this Order shall remain in 7 effect until a Designating Party agrees otherwise in writing or a 8 court order otherwise directs. 9 be the later of (1) dismissal of all claims and defenses in this 10 Action, with or without prejudice; and (2) final judgment herein after 11 the completion and exhaustion of all appeals, rehearings, remands, 12 trials, or reviews of this Action, including the time limits for 13 filing any motions or applications for extension of time pursuant to 14 applicable law. Final disposition shall be deemed to 15 16 17 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for 18 Protection. 19 items for protection under this Order must take care to limit any such 20 designation to specific material that qualifies under the appropriate 21 standards. 22 those 23 communications that qualify so that other portions of the material, 24 documents, items, or communications for which protection is not 25 warranted are not swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 Designations that are shown to be clearly unjustified or that have 28 been made for an improper purpose (e.g., to unnecessarily encumber the parts Each Party or Non-Party that designates information or The Designating Party must designate for protection only of material, documents, 5 items, or oral or written 1 case development process or to impose unnecessary expenses and burdens 2 on other parties) may expose the Designating Party to sanctions. 3 If it comes to a Designating Party's attention that information 4 or 5 protection, that Designating Party must promptly notify all other 6 Parties that it is withdrawing the inapplicable designation. 7 items that 5.2 it designated for protection Manner and Timing of Designations. do not qualify for Except as otherwise 8 provided in this Order (see, e.g., second paragraph of Section 5.2(a) 9 below), or as otherwise stipulated or ordered, Disclosure or Discovery 10 Material that qualifies for protection under this Order must be 11 clearly so designated before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or 14 electronic documents, but excluding transcripts of depositions or 15 other pretrial or trial proceedings), that the Producing Party affix 16 at a minimum, the legend "CONFIDENTIAL" (hereinafter "CONFIDENTIAL 17 legend"), to each page that contains protected material. 18 portion 19 protection, 20 protected portion(s) (e.g., by making appropriate markings in the 21 margins). or portions the of the Producing material Party also on a must page If only a qualifies clearly for identify the 22 A Party or Non-Party that makes original documents available for 23 inspection need not designate them for protection until after the 24 inspecting Party has indicated which documents it would like copied 25 and produced. 26 of 27 "CONFIDENTIAL." 28 documents it wants copied and produced, the Producing Party must the During the inspection and before the designation, all material made After available the for inspecting 6 inspection Party has shall be deemed identified the 1 determine which documents, or portions thereof, qualify for protection 2 under this Order. Then, before producing the specified documents, the 3 Producing Party must affix the "CONFIDENTIAL legend" to each page that 4 contains Protected Material. 5 material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making 7 appropriate markings in the margins). 8 9 10 (b) If only a portion or portions of the for testimony given in depositions that the Designating Party identify the Disclosure or Discovery material on the record, before the close of the deposition. 11 (c) for information produced in some form other than documentary 12 and for any other tangible items, that the Producing Party affix in a 13 prominent place on the exterior of the container or containers in 14 which the information 15 portion or portions of the information warrants protection, the 16 Producing 17 protected portion(s). 18 5.3 Party, to is stored the legend "CONFIDENTIAL." If only a the extent practicable, Inadvertent Failures to Designate. shall identify the If timely corrected, an 19 inadvertent failure to designate qualified information or items does 20 not, standing alone, waive the Designating Party's right to secure 21 protection under this Order for such material. Upon timely correction 22 of a designation, the Receiving Party must make reasonable efforts to 23 assure that the material is treated in accordance with the provisions 24 of this Order. 25 26 27 28 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with 7 1 the Court's Scheduling Order. 2 3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 4 6.3 The burden of persuasion in any such challenge proceeding 5 shall be on the Designating Party. Frivolous challenges, and those 6 made for an improper purpose (e.g., to harass or impose unnecessary 7 expenses and burdens on other parties) may expose the Challenging 8 Party to sanctions. 9 withdrawn the confidentiality designation, all parties shall continue 10 to afford the material in question the level of protection to which it 11 is entitled under the Producing Party's designation until the Court 12 rules on the challenge. Unless the Designating Party has waived or 13 14 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected 16 Material that is disclosed or produced by another Party or by a 17 Non-Party 18 defending, or attempting to settle this Action. 19 Material may be disclosed only to the categories of persons and under 20 the conditions described in this Order. 21 terminated, a Receiving Party must comply with the provisions of 22 Section 13 below (FINAL DISPOSITION). in connection with this Action only for prosecuting, Such Protected When the Action has been 23 Protected Material must be stored and maintained by a Receiving 24 Party at a location and in a secure manner that ensures that access is 25 limited to the persons authorized under this Order. 26 7.2 Disclosure of "CONFIDENTIAL" Information or Items. ordered by the court or 27 otherwise 28 Designating Party, a Receiving Party may disclose any information or 8 permitted in writing Unless by the 1 2 item designated "CONFIDENTIAL" only to: (a) the Receiving Party's Outside Counsel of Record in this 3 Action, as well as employees of said Outside Counsel of Record to whom 4 it is reasonably necessary to disclose the information for this 5 Action; 6 (b) the officers, directors, and employees (including House 7 Counsel) of the Receiving Party to whom disclosure is reasonably 8 necessary for this Action; 9 (c) Experts (as defined in this Order) of the Receiving Party to 10 whom disclosure is reasonably necessary for this Action and who have 11 signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and 15 Professional Vendors to whom disclosure is reasonably necessary for 16 this Action and who have signed the "Acknowledgment and Agreement to 17 Be Bound" (Exhibit A); 18 (g) the author or recipient of a document containing the 19 information or a custodian or other person who otherwise possessed or 20 knew the information; 21 (h) during their depositions, witnesses, and attorneys for 22 witnesses, in the Action to whom disclosure is reasonably necessary 23 provided: (1) the deposing party requests that the witness sign the 24 form attached as Exhibit 1 hereto; 25 to keep any confidential information unless they sign "Acknowledgment 26 and Agreement to Be Bound" (Exhibit A), unless otherwise agreed by the 27 Designating Party or ordered by the court. 28 deposition testimony or exhibits to depositions that reveal Protected and (2) they will not be permitted 9 Pages of transcribed 1 Material may be separately bound by the court reporter and may not be 2 disclosed 3 Protective Order; and 4 (i) to anyone except as permitted under this Stipulated any mediator or settlement officer, and their supporting 5 personnel, mutually agreed upon by any of the parties engaged in 6 settlement discussions. 7 8 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in 11 other litigation that compels disclosure of any information designated 12 in this Action as "CONFIDENTIAL," that Party must: 13 (a) promptly notify in writing the Designating Party. Such 14 notification shall include a copy of the subpoena or court order, 15 unless prohibited by law; 16 (b) promptly notify in writing the party who caused the subpoena 17 or order to issue in the other litigation that some or all of the 18 material 19 Protective Order. 20 Stipulated Protective Order; and 21 (c) covered by the subpoena or order is subject to this Such notification shall include a copy of this cooperate with respect to all reasonable procedures sought 22 to be pursued by the Designating Party whose Protected Material may be 23 affected. 24 If the Designating Party timely seeks a protective order, the 25 Party served with the subpoena or court order shall not produce any 26 information designated in this action as "CONFIDENTIAL" before a 27 determination by the court from which the subpoena or order issued, 28 unless the Party has obtained the Designating Party's permission. The 10 1 Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in 3 these provisions should be construed as authorizing or encouraging a 4 Receiving Party in this Action to disobey a lawful directive from 5 another court. 6 7 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 8 LITIGATION 9 (a) 10 produced 11 "CONFIDENTIAL." Such information produced by Non-Parties in connection 12 with this litigation is protected by the remedies and relief provided 13 by this Order. 14 prohibiting a Non-Party from seeking additional protections. 15 (b) The terms of this Order are applicable to information by a Non-Party in this Action and designated as Nothing in these provisions should be construed as In the event that a Party is required, by a valid discovery 16 request, to produce a Non-Party's confidential information in its 17 possession, 18 Non-Party not to produce the Non-Party's confidential information, 19 then the Party shall: 20 (1) and the Party is subject to an agreement with the promptly notify in writing the Requesting Party and the 21 Non-Party that some or all of the information requested is subject to 22 a confidentiality agreement with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated 24 Protective Order in this Action, the relevant discovery request(s), 25 and a reasonably specific description of the information requested; 26 and 27 28 (3) make the information requested available for inspection by the Non-Party, if requested. 11 1 (c) If the Non-Party fails to seek a protective order from this 2 court 3 information, 4 confidential information responsive to the discovery request. If the 5 Non-Party timely seeks a protective order, the Receiving Party shall 6 not produce any information in its possession or control that is 7 subject to the confidentiality agreement with the Non-Party before a 8 determination by the court. Absent a court order to the contrary, the 9 Non-Party shall bear the burden and expense of seeking protection in 10 within 14 the days of receiving Receiving Party the may notice produce and the accompanying Non-Party’s this court of its Protected Material. 11 12 10. 13 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, 14 it has disclosed Protected Material to any person or in any 15 circumstance not authorized under this Stipulated Protective Order, 16 the Receiving Party must immediately (a) notify in writing the 17 Designating Party of the unauthorized disclosures, (b) use its best 18 efforts to retrieve all unauthorized copies of the Protected Material, 19 (c) inform the person or persons to whom unauthorized disclosures were 20 made of all the terms of this Order, and (d) request such person or 21 persons to execute the "Acknowledgment and Agreement to Be Bound" that 22 is attached hereto as Exhibit A. 23 24 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 25 MATERIAL 26 When a Producing Party gives notice to Receiving Parties that 27 certain inadvertently produced material is subject to a claim of 28 privilege or other protection, the obligations of the Receiving 12 1 Parties are those set forth in Federal Rule of Civil Procedure 2 26(b)(5)(B). 3 procedure may be established in an e-discovery order that provides for 4 production without prior privilege review. 5 of Evidence 502(d) and (e), insofar as the parties reach an agreement 6 on the effect of disclosure of a communication or information covered 7 by the attorney-client privilege or work product protection, the 8 parties may incorporate their agreement in the stipulated protective 9 order submitted to the court. This provision is not intended to modify whatever Pursuant to Federal Rule 10 11 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the 13 right of any person to seek its modification by the Court in the 14 future. 15 12.2 Right to Assert Other Objections. By stipulating to the 16 entry of this Protective Order no Party waives any right it otherwise 17 would have to object to disclosing or producing any information or 18 item on any ground not addressed in this Stipulated Protective Order. 19 Similarly, no Party waives any right to object on any ground to use in 20 evidence of any of the material covered by this Protective Order. 21 12.3 Filing Protected Material. A Party that seeks to file under 22 seal any Protected Material must comply with Civil Local Rule 79-5. 23 Protected Material may only be filed under seal pursuant to a court 24 order authorizing the sealing of the specific Protected Material at 25 issue. 26 denied by the court, then the Receiving Party may file the information 27 in the public record unless otherwise instructed by the court. If a Party's request to file Protected Material under seal is 28 13 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in 3 paragraph 4, within 60 days of a written request by the Designating 4 Party, each Receiving Party must return all Protected Material to the 5 Producing 6 subdivision, "all Protected Material" includes all copies, abstracts, 7 compilations, summaries, and any other format reproducing or capturing 8 any of the Protected Material. 9 returned or destroyed, the Receiving Party must submit a written 10 certification to the Producing Party (and, if not the same person or 11 entity, to the Designating Party) by the 60 day deadline that 12 (1) identifies (by category, where appropriate) all the Protected 13 Material that was returned or destroyed and (2) affirms that the 14 Receiving Party has not retained any copies, abstracts, compilations, 15 summaries or any other format reproducing or capturing any of the 16 Protected Material. 17 entitled to retain an archival copy of all pleadings, motion papers, 18 trial, 19 correspondence, 20 attorney work product, and consultant and expert work product, even if 21 such materials contain Protected Material. 22 that contain or constitute Protected Material remain subject to this 23 Protective Order as set forth in Section 4 (DURATION). 24 // 25 // 26 // 27 // 28 // Party or deposition, destroy such material. As used in this Whether the Protected Material is Notwithstanding this provision, Counsel are and deposition hearing and transcripts, trial 14 exhibits, legal expert memoranda, reports, Any such archival copies 1 2 14. VIOLATIONS OF THIS ORDER Any violation of this Order may be punished by any and all 3 appropriate measures including, without 4 proceedings and/or monetary sanctions. 5 6 7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 8 9 DATED: September 15, 2016 10 11 ________________________________ 12 PATRICK J. WALSH UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 limitation, contempt EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 4 5 I, _____________________________ [print 6 _________________ [print or type full address], declare under penalty 7 of perjury that I have read in its entirety and understand the 8 Stipulated Protective Order that was issued by the United States 9 District Court for the Central District of California on [date] in the 10 case of ___________ [insert formal name of the case and the number and 11 initials assigned to it by the court]. 12 be bound by all the terms of this Stipulated Protective Order and I 13 understand and acknowledge that failure to so comply could expose me 14 to sanctions and punishment in the nature of contempt. 15 promise that I will not disclose in any manner any information or item 16 that is subject to this Stipulated Protective Order to any person or 17 entity except in strict compliance with the provisions of this Order. 18 I further agree to submit to the jurisdiction of the United States 19 District Court for the Central District of California for the purpose 20 of enforcing the terms of this Stipulated Protective Order, even if 21 such enforcement proceedings occur after termination of this action. 22 I hereby appoint ___________________ [print or type full name] of 23 _________________________ [print or type full address and telephone 24 number] as my California agent for service of process in connection 25 with this action or any proceedings related to enforcement of this 26 // 27 // 28 // 16 or type full name], of I agree to comply with and to I solemnly 1 Stipulated Protective Order. 2 Date: ________________ 3 City and State where sworn and signed:________________________ 4 5 Printed name: _______________________________ 6 7 Signature: __________________________________ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17

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