Armando Quezada et al., v. City of Los Angeles et al

Filing 40

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

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1 2 3 4 5 Dana M. Dorsett (SBN 185154) Jeremy Cook (SBN 283576) MOON & DORSETT, PC 601 W. Fifth St., 8th Floor Los Angeles, CA 90071 Phone: 213-380-1526 Fax: 213-486-0070 6 7 8 9 Attorneys for Plaintiffs ARMANDO QUEZADA, CATALINA DE QUEZADA, R. V., M. Q., and A. Q. C. 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA 13 14 15 ARMANDO QUEZADA, CATALINA DE QUEZADA, R. V., M. Q., and A. Q. C., 16 17 18 Plaintiffs, v. CITY OF LOS ANGELES, et al. Defendants. 19 ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-07382-ODW(PJWx) STIPULATED PROTECTIVE ORDER Honorable Otis D. Wright, II Honorable Patrick J. Walsh Action Filed: Sep 22, 2015 20 21 1. A. Purposes And Limitations 22 Discovery in this action is likely to involve production of confidential, 23 proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to Page 1 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 enter the following Stipulated Protective Order. The parties acknowledge that this 2 Order does not confer blanket protections on all disclosures or responses to 3 discovery and that the protection it affords from public disclosure and use extends 4 only to the limited information or items that are entitled to confidential treatment 5 under the applicable legal principles. The parties further acknowledge, as set forth 6 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 7 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 8 procedures that must be followed and the standards that will be applied when a 9 party seeks permission from the court to file material under seal. 10 B. Good Cause Statement 11 This action is likely to involve information, including police records and 12 documents, protected by the peace officer personnel privilege, the attorney-client 13 privilege, the deliberative process privilege, the official information privilege, 14 government information privilege, right to privacy, or the third party right to 15 privacy. 16 Accordingly, to expedite the flow of information, to facilitate the prompt 17 resolution of disputes over confidentiality of discovery materials, to adequately 18 protect information the parties are entitled to keep confidential, to ensure that the 19 parties are permitted reasonable necessary uses of such material in preparation for 20 and in the conduct of trial, to address their handling at the end of the litigation, and 21 serve the ends of justice, a protective order for such information is justified in this 22 matter. It is the intent of the parties that information will not be designated as 23 confidential for tactical reasons and that nothing be so designated without a good 24 faith belief that it has been maintained in a confidential, non-public manner, and 25 there is good cause why it should not be part of the public record of this case. Page 2 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 2 2. DEFINITIONS 3 2.1 Action: this pending federal lawsuit. 4 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 5 information or items under this Order. 6 2.3 7 is generated, stored or maintained) or tangible things that qualify for protection 8 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 9 Cause Statement. “CONFIDENTIAL” Information or Items: information (regardless of how it 10 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 11 support staff). 12 2.5 13 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 14 2.6 15 medium or manner in which it is generated, stored, or maintained (including, 16 among other things, testimony, transcripts, and tangible things), that are produced 17 or generated in disclosures or responses to discovery in this matter. 18 2.7 19 pertinent to the litigation who has been retained by a Party or its counsel to serve 20 as an expert witness or as a consultant in this Action. 21 2.8 22 House Counsel does not include Outside Counsel of Record or any other outside 23 counsel. Designating Party: a Party or Non-Party that designates information or items Disclosure or Discovery Material: all items or information, regardless of the Expert: a person with specialized knowledge or experience in a matter House Counsel: attorneys who are employees of a party to this Action. 24 25 Page 3 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 2.9 Non-Party: any natural person, partnership, corporation, association, or other 2 legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 4 this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm 6 which has appeared on behalf of that party, and includes support staff. 7 2.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is designated 17 as “CONFIDENTIAL.” 18 2.15 Receiving Party: 19 from a Producing Party. 20 3. a Party that receives Disclosure or Discovery Material SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. Page 4 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge. This Order does not govern the use of Protected Material at trial. 3 4. DURATION Even after final disposition of this litigation, the confidentiality obligations 4 5 imposed by this Order shall remain in effect until a Designating Party agrees 6 otherwise in writing or a court order otherwise directs. Final disposition shall be 7 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 8 with or without prejudice; and (2) final judgment herein after the completion and 9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 10 including the time limits for filing any motions or applications for extension of 11 time pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection 15 under this Order must take care to limit any such designation to specific material 16 that qualifies under the appropriate standards. The Designating Party must 17 designate for protection only those parts of material, documents, items, or oral or 18 written communications that qualify so that other portions of the material, 19 documents, items, or communications for which protection is not warranted are not 20 swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or 21 routinized designations are prohibited. Designations that are shown to be clearly 22 unjustified or that have been made for an improper purpose (e.g., to unnecessarily 23 encumber the case development process or to impose unnecessary expenses and 24 burdens on other parties) may expose the Designating Party to sanctions. 25 Page 5 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 5.2 5 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of 6 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 7 Discovery Material that qualifies for protection under this Order must be clearly so 8 designated before the material is disclosed or produced. 9 10 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 14 contains protected material. If only a portion or portions of the material on a page 15 qualifies for protection, the Producing Party also must clearly identify the 16 protected portion(s) (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for inspection 18 need not designate them for protection until after the inspecting Party has indicated 19 which documents it would like copied and produced. During the inspection and 20 before the designation, all of the material made available for inspection shall be 21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 22 documents it wants copied and produced, the Producing Party must determine 23 which documents, or portions thereof, qualify for protection under this Order. 24 Then, before producing the specified documents, the Producing Party must affix 25 the “CONFIDENTIAL legend” to each page that contains Protected Material. If Page 6 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 only a portion or portions of the material on a page qualifies for protection, the 2 Producing Party also must clearly identify the protected portion(s) (e.g., by making 3 appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party identify the 4 5 Disclosure or Discovery Material on the record, before the close of the deposition 6 all protected testimony. (c) for information produced in some form other than documentary and for 7 8 any other tangible items, that the Producing Party affix in a prominent place on the 9 exterior of the container or containers in which the information is stored the legend 10 “CONFIDENTIAL.” If only a portion or portions of the information warrants 11 protection, the Producing Party, to the extent practicable, shall identify the 12 protected portion(s). 13 5.3 14 to designate qualified information or items does not, standing alone, waive the 15 Designating Party’s right to secure protection under this Order for such material. 16 Upon timely correction of a designation, the Receiving Party must make 17 reasonable efforts to assure that the material is treated in accordance with the 18 provisions of this Order. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure Any Party or Non-Party may challenge a designation of confidentiality at 21 22 any time that is consistent with the Court’s Scheduling Order. 23 6.2 24 25 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. Page 7 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 6.3 Challenges. The burden of persuasion in any such challenge proceeding shall be on the 2 3 Designating Party. Frivolous challenges, and those made for an improper purpose 4 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 5 expose the Challenging Party to sanctions. Unless the Designating Party has 6 waived or withdrawn the confidentiality designation, all parties shall continue to 7 afford the material in question the level of protection to which it is entitled under 8 the Producing Party’s designation until the Court rules on the challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending, or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under 14 the conditions described in this Order. When the Action has been terminated, a 15 Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 17 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 21 Unless otherwise ordered by the court or permitted in writing by the 22 Designating Party, a Receiving Party may disclose any information or item 23 designated “CONFIDENTIAL” only to: 24 25 Page 8 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 1 2 as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the 4 5 Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order), or other consultants, of the Receiving 6 7 Party to whom disclosure is reasonably necessary for this Action; 8 (d) the court and its personnel; 9 (e) court reporters and their staff; (f) professional jury or trial consultants, mock jurors, and Professional 10 11 Vendors to whom disclosure is reasonably necessary for this Action; (g) the author or recipient of a document containing the information or a 12 13 custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in the 14 15 Action to whom disclosure is reasonably necessary. Pages of transcribed 16 deposition testimony or exhibits to depositions that reveal Protected Material may 17 be separately bound by the court reporter and may not be disclosed to anyone 18 except as permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, 19 20 mutually agreed upon by any of the parties engaged in settlement discussions. 21 8. 22 IN OTHER LITIGATION 23 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED If a Party is served with a subpoena or a court order issued in other litigation 24 that compels disclosure of any information or items designated in this Action as 25 “CONFIDENTIAL,” that Party must: Page 9 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER (a) promptly notify in writing the Designating Party. Such notification shall 1 2 include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena 5 or order is subject to this Protective Order. Such notification shall include a copy 6 of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued 7 8 by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served 9 10 with the subpoena or court order shall not produce any information designated in 11 this action as “CONFIDENTIAL” before a determination by the court from which 12 the subpoena or order issued, unless the Party has obtained the Designating Party’s 13 permission. The Designating Party shall bear the burden and expense of seeking 14 protection in that court of its confidential material and nothing in these provisions 15 should be construed as authorizing or encouraging a Receiving Party in this Action 16 to disobey a lawful directive from another court. 17 9. 18 PRODUCED IN THIS LITIGATION 19 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by a Non- 20 Party in this Action and designated as “CONFIDENTIAL.” Such information 21 produced by Non-Parties in connection with this litigation is protected by the 22 remedies and relief provided by this Order. Nothing in these provisions should be 23 construed as prohibiting a Non-Party from seeking additional protections. 24 25 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is Page 10 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: (1) promptly notify in writing the 3 Requesting Party and the Non-Party that some or all of the information requested is 4 subject to a confidentiality agreement with a Non-Party; (2) promptly provide the 5 Non-Party with a copy of the Stipulated Protective Order in this Action, the 6 relevant discovery request(s), and a reasonably specific description of the 7 information requested; and (3) make the information requested available for 8 inspection by the Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not authorized 20 under this Stipulated Protective Order, the Receiving Party must immediately (a) 21 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 22 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 23 the person or persons to whom unauthorized disclosures were made of all the terms 24 of this Order, and (d) request such person or persons to execute the 25 Page 11 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 2 A. 3 11. 4 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE When a Producing Party gives notice to Receiving Parties that certain 5 6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in Federal 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 production without prior privilege review. Pursuant to Federal Rule of Evidence 11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 12 of a communication or information covered by the attorney-client privilege or 13 work product protection, the parties may incorporate their agreement in the 14 stipulated protective order submitted to the court. 15 12. 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. Similarly, no Party waives any right to object on 22 any ground to use in evidence of any of the material covered by this Protective 23 Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 25 Material must comply with Civil Local Rule 79-5. Protected Material may only be MISCELLANEOUS Page 12 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 filed under seal pursuant to a court order authorizing the sealing of the specific 2 Protected Material at issue. If a Party's request to file Protected Material under seal 3 is denied by the court, then the Receiving Party may file the information 4 in the public record unless otherwise instructed by the court. 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 7 60 days of a written request by the Designating Party, each Receiving Party must 8 return all Protected Material to the Producing Party or destroy such material. As 9 used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 compilations, summaries, and any other format reproducing or capturing any of the 11 Protected Material. Whether the Protected Material is returned or destroyed, the 12 Receiving Party must submit a written certification to the Producing Party (and, if 13 not the same person or entity, to the Designating Party) by the 60 day deadline that 14 (1) identifies (by category, where appropriate) all the Protected Material that was 15 returned or destroyed and (2) affirms that the Receiving Party has not retained any 16 copies, abstracts, compilations, summaries or any other format reproducing or 17 capturing any of the Protected Material. Notwithstanding this provision, Counsel 18 are entitled to retain an archival copy of all pleadings, motion papers, discovery 19 and discovery responses, trial, deposition, and hearing transcripts, legal 20 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 21 work product, and consultant and expert work product, even if such materials 22 contain Protected Material. Any such archival copies that contain or constitute 23 Protected Material remain subject to this Protective Order as set forth in Section 4 24 (DURATION). 25 Page 13 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 14. 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 Any violation of this Order may be punished by any and all appropriate IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 Dated: Dec 29, 2016 MOON & DORSETT, PC 7 By:_______/s/_____________ Dana M. Dorsett, Esq. Jeremy Cook, Esq. Attorneys for Plaintiffs ARMANDO QUEZADA, CATALINA DE QUEZADA, R. V., M. Q., and A. Q. C. 8 9 10 11 12 13 Dated: Dec 29, 2016 Los Angeles City Attorney 14 By:______/s/______________ Elizabeth Fitzgerald, Esq. Attorneys for Defendants 15 16 17 18 19 Pursuant to Local Rule 5-4.3.4(a)(2)(i), the signatures of all signatories have been indicated on this document with an “/s/,” and the filer hereby attests that all signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 DATED: January 2, 2017 23 24 25 ____________________________ Honorable Patrick J. Walsh United States Magistrate Judge Page 14 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 EXHIBIT A ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 2 3 4 I, ___________________________ [print or type full name], of _______ __________________________________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 6 7 8 9 understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on ______________ [date] in the case of ARMANDO QUEZADA, et al. v. CITY OF LOS ANGELES, et al., Case No.: 2:15-cv-07382. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure 10 to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the 16 terms of this Stipulated Protective Order, even if such enforcement proceedings 17 occur after termination of this action. I hereby appoint __________________ 18 [print or type full name] of _______________________________________ 19 _________________________________________________ [print or type full 20 21 22 23 address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ City and State where sworn and signed: __________________________ 24 25 Printed name: _______________________________ Signature: __________________________________ Page 15 of 15 [PROPOSED] STIPULATED PROTECTIVE ORDER

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