Guadalupe Raya v. County of Ventura et al

Filing 37

PROTECTIVE ORDER [CHANGES MADE BY COURT TO PARAGRAPHS 18 AND 24] by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 35 . See order for details. (hr)

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PAUL B. BEACH, State Bar No. 166265
[e-mail]
JAMES S. EICHER, State Bar No. 213796
[e-mail]
LAWRENCE BEACH ALLEN & CHOI, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Defendants
County of Ventura and Ventura County
Sheriff Geoff Dean

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Guadalupe Raya, individually and as
Successor in Interest,

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Plaintiff,
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vs.
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County Of Ventura, Ventura County )
Sheriff Geoff Dean, California Forensic )
Medical Group, Incorporated,
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Geronimo Soloranzo, and DOES 1
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through 100, inclusive,
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Defendants.
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Case No. CV 15-07673 CBM (JCx)
Magistrate Judge Jacqueline Chooljian
PROTECTIVE ORDER RE
CONFIDENTIAL MATERIALS
[CHANGES MADE BY COURT TO
PARAGRAPHS 18 AND 24]

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Having reviewed and considered the Parties’ Stipulation for Protective
Order governing Confidential Information produced during discovery, good cause
showing therein, IT IS SO ORDERED:
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Plaintiff. Plaintiff is Guadalupe Raya (hereinafter “Plaintiff”).

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Defendants. Defendants are County of Ventura, Ventura County

Sheriff Geoff Dean (hereinafter “County Defendants”), California Forensic
Medical Group (hereinafter “Defendant CFMG”) and Geronimo Solorzano (who
has not filed a responsive pleading in this matter).
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Plaintiff and all Defendants currently before the court are collectively
referred to hereinafter as “the Parties”.

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Disclosing Party. Disclosing Party shall refer to County Defendants.

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Receiving Party. The Receiving Parties are the Plaintiff and

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Defendant CFMG and their agents as set forth in Paragraph Nos. 17 and 18 of this

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Protective Order.

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Case Summary. This case arises from Plaintiff’s allegations that

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Defendants violated her rights and those of Plaintiff’s decedent, Edgar

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Solorzano, based on the May 25, 2015 suicide by Plaintiff’s decedent while an

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inmate at the Ventura County Jail.
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Good Cause Statement and Confidential Materials. County

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Defendants anticipate that during discovery in this action they will exchange

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documents, items, or materials and other information that contain sensitive and

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confidential information that derives actual or potential value from not being

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generally known to the public and are the subject of reasonable efforts to maintain

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their confidentiality. Defendants believe, in good faith, that these documents

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and/or writing are protected by the Official Information Privilege, the right to

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privacy guaranteed in Federal Constitution, First Amendment and California

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Constitution, Article I, Section I, and various California Government, Penal, and

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Evidence Code sections, and thus protected from disclosure. This will be

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accomplished by affixing to such document or writing a legend, such as

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“CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO PROTECTIVE

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ORDER” or words of similar effect. Documents and writings so designated,

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hereinafter, collectively, (“Confidential Information”), shall be treated in

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accordance with the terms of this stipulation/protective order. Documents,

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writings and things to be designated as such, include the following:

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a)

Any material relating to the criminal investigation of the May

25, 2015 incident involving Plaintiff’s decedent at the Ventura County Jail;
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b)

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Any material relating to the housing of Plaintiff’s decedent at

the Ventura County Jail;
c)

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Any material containing sensitive and/or private information

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regarding third parties housed at the Ventura County Jail at or near the time

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of the incident.

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d)

Any policy and procedure manuals pertaining to the housing

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of inmates at the Ventura County Jail.

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7.

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Interests In Favor Of Protective Order. This Order is necessary to

expedite discovery, while maintaining confidential and private information of

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Defendants and third parties, and it is necessary to protect parties or persons from

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annoyance, embarrassment, oppression, or undue burden or expense. Further,

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disclosure of such information without a protective order may compromise the

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safety of third parties.

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Stipulation. The Parties are entering into this Stipulation for

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Protective Order to protect against any improper disclosure or risk of

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circumvention of law that might result from disclosure of sensitive and

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confidential information as described in this Order. To informally resolve this

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discovery matter, the Parties have agreed to this Stipulation for Protective Order

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that carefully limits the use and dissemination of the Confidential Information.

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Confidential Information. This Protective Order shall apply to all

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Confidential Information, produced by Disclosing Party to the Receiving Party.

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The Confidential Information may be contained in originals and copies of

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relevant interrogatory responses obtained from Disclosing Party in this matter;

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originals and copies of relevant documents responsive to requests for production

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of documents obtained from the Disclosing Party in this matter; and originals and

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copies of transcripts, video recordings, and audio recordings of any deposition

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taken in this matter during which the Confidential Information is used,

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mentioned, reviewed, discussed, and/or referred to. The Confidential Information
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shall be subject to this Protective Order as follows:
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Storage Of Confidential Information. Immediately upon production

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by the Disclosing Party, attorneys for the Receiving Party shall personally secure

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and maintain the Confidential Information in their possession. The Confidential

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Information shall not, under any circumstances, be left in an open or unsecured

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location where unauthorized persons (such as unauthorized employees of counsel,

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cleaning personnel, etc.) might have access to them.

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Confidential Information Legend. All documents containing

Confidential Information shall be stamped “CONFIDENTIAL” or

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or words of similar

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effect. Such stamp shall not obscure the document.

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Limitation Of Use Of Confidential Information. Attorneys for the

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Receiving Party shall not cause or knowingly permit disclosure of the contents of

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the Confidential Information, in any manner, including orally, beyond the

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disclosure permitted under the terms and conditions of this Order. Any such

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disclosure shall be construed as a violation of this Order, except when used for

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purposes of this litigation as described in Paragraph Nos. 15 and 16 of this

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Protective Order.

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13.

Testimony Regarding The Confidential Information. In the case of

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depositions, any party may designate all or any portion of the deposition

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testimony given regarding the Confidential Information in this litigation as

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Confidential Information orally during the deposition. Any questions intended to

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elicit testimony regarding the contents of the Confidential Information shall be

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conducted only in the presence of persons authorized to review the Confidential

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Information as provided in this Order. Any deposition transcript containing

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such questions and testimony shall be subject to the same protections and

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precautions applicable to the Confidential Information. During any depositions,

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witnesses, along with their attorneys, may review Confidential Information only
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where disclosure is reasonably necessary provided: (1) the deposing party

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requests that the witness sign the written statement set forth in Paragraph No. 18

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below; and (2) they will not be permitted to keep any confidential information

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reviewed. Pages of transcribed deposition testimony or exhibits to depositions

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that reveal Confidential Information may be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this

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Stipulated Protective Order.

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14.

Inadvertent Disclosure. If the Disclosing Party inadvertently

produces any Confidential Information without designating it as such, it may be

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remedied by (1) promptly notifying the other parties of the error; and (2)

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providing a substitute copy of the Confidential Information with a proper legend.

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In that event, the Receiving Parties who have obtained inadvertently produced

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undesignated Confidential Information will: (1) return the previously produced

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Confidential Information and destroy all copies thereof; and (2) if the Receiving

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Party has already disseminated the Confidential Information to any person, the

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Receiving Party will notify all such persons the information was disseminated to

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the Confidential Information in writing of the need to return such Confidential

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Information and not to further disseminate it. This provision applies to any and

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all Confidential Information produced to the Receiving Party.

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15.

Limitations On The Non-Litigation Use Of Confidential

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Information. The confidentiality of the Confidential Information received from

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Defendants during discovery in this action shall be maintained, and all

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Confidential Information exchanged will be used solely for the litigation of this

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entitled action. Specifically, the Receiving Party may not use such documents,

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records, or other information (or the contents thereof) for any other purpose,

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including use as background material, or for inclusion in books, magazines,

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newspapers, or other publications. The Receiving Party is prohibited from

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placing any of the Confidential Information on the Internet.
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Court Filings. If necessary in the judgment of attorneys for

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Receiving Party, said attorneys may show or reveal the contents of the

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Confidential Information to the court only pursuant to Local Rule 79-5 or Ninth

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Circuit Rule 27-13. Good Cause must be shown for any under seal filing. If a

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party's request to file Protected Material under seal is denied by the Court, then

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the Receiving Party may file the information in the public record unless otherwise

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instructed by the Court. Receiving Party will inform the Court and Parties of any

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Confidential Information it intends to present during trial so appropriate measure

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may be considered by the Court that may be necessary to protect the Confidential

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Information. Receiving Party’s presentation of Confidential Information during

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trial will not require compliance with the written consent as set forth in Paragraph

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No. 18 below.

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Other Persons Authorized To Review Confidential Information. The

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Receiving Parties’ attorneys of record may review copies of the Confidential

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Information covered by this Order. Also, Defendants, including officers,

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directors, employees, authors of documents containing Confidential Information,

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and experts thereof may be permitted to review the Confidential Information. In

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addition, in the course of this litigation, it may become necessary for Confidential

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Information to be disclosed to the Court and its personnel, court reporters and

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their staff, along with any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged in settlement

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discussions. Additionally, expert witnesses and other individuals and entities that

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may be employed or retained by the Receiving Party to assist in the preparation

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and/or the litigation of this action may be permitted to see originals and obtain

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copies of the Confidential Information covered by this Order, provided such

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experts and employees have first executed the written statement set forth in

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Paragraph No. 18 below, and comply with the provisions of that section.

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Moreover, professional jury or trial consultants, mock jurors and professional
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venders to whom disclosure is reasonably necessary for this action may be

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permitted to review Confidential Information covered by this Order, provided

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such individuals have first executed the written statement set forth in Paragraph

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No. 18 below, and comply with the provisions of that section. Counsel for

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Receiving Parties shall insure the enforcement of this protective order on their

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office staff, including, but not limited to, paralegals and secretaries. The Parties’

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attorneys may review the Confidential Information with the Parties they represent

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subject to the limitations set forth in Paragraph 19.

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Applicability Of Order To Other Persons. Prior to the disclosure of

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any Confidential Information to any person described above, other than the

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Court and Court personnel, attorneys for the Receiving Party who seek to use

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or disclose such Confidential Information shall first provide any such person with

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a copy of this Order, and shall cause him or her to execute the following

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acknowledgment:

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“I, _____________________________, do solemnly swear

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that I am fully familiar with the terms of the Stipulated

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Protective Order entered in this action and hereby agree to

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comply with and be bound by the terms and conditions of the

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said Order with respect to the handling, use and disclosure of

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each Confidential Document. I understand that I may be

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subject to penalties for contempt of Court if I violate this Order

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and hereby consent to the jurisdiction of said Court for

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purposes of enforcing this Order.

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Dated: __________ /s/_____________________________”

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This written requirement applies to, but is not limited to, expert witnesses and

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other individuals and entities that may be employed or retained by the Receiving

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Party’s counsel to assist in the preparation and/or the litigation of this action, and
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includes all individuals identified in Paragraphs 13 and 17 above, other than the

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Court and Court personnel. The Receiving Party shall be responsible for

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maintaining the signed original of each such written statement until the

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conclusion of these proceedings, including any appeal.
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Plaintiff’s Possession of Materials. Plaintiff may not have

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possession of any Confidential Information, or material derived therefrom.

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Further, Plaintiff’s attorneys or agents may not show, reveal, or communicate to

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Plaintiff or, in any other way, share with Plaintiff any of the Defendants’ personal

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identification information, including, but not limited to, addresses, phone

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numbers, and family relations.
20.

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No waiver of objections. Nothing in this Stipulation and Order

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constitutes any decision by the Court concerning discovery disputes or the

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admission into evidence of any specific document or testimony or liability for

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payment of any costs of production or reproduction of documents. This Order

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also does not constitute a waiver by any party of any right to object to discovery

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or admission into evidence of any document, record, testimony or other

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information that is subject to this Order. Nor do Defendants waive any privileges,

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including, but not limited to, the investigatory files or official information

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privileges, see, e.g., Weiner v. FBI, 943 F.2d 972, 985 (9th Cir. 1991), or Miller v.

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Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering into this stipulation.
21.

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Subpoena for Confidential Information. In the event that the

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Receiving Party receives a subpoena, discovery request, or other legal process

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seeking production of Confidential Information, the Receiving Party must give

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prompt written notice to the Disclosing Party. The Receiving Party shall inform

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the person or entity seeking the information of the existence of this Stipulation

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and Order and shall not produce the Confidential Information absent a Court

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Order requiring such production.

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22.

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Modification. For good cause, any party may seek a modification of

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this Order, first by attempting to obtain the consent of the other parties to such

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modification, and then, absent consent, by application to this Court.
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Challenging Confidential Designation. Receiving Party shall initiate

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the dispute resolution process by providing written notice of each designation it is

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challenging and describing the basis for each challenge. The written notice must

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recite that the challenge to confidentiality is being made in accordance with this

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paragraph of the Protective Order. The Parties shall attempt to resolve each

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challenge in good faith and must begin the process by conferring within 14 days

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of the date of service of notice. In conferring, Receiving Party must explain the

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basis for its belief that the confidentiality designation was not proper and must

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give Defendants an opportunity to review the designated material, to reconsider

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the circumstances, and, if no change in designation is offered, to explain the basis

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for the chosen designation. Receiving Party may seek judicial intervention only

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after engaging in this meet and confer process. Local Rule 37 must be followed

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in presenting a dispute to the Court.
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Return of Confidential Information. No more than thirty (30)

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calendar days after the conclusion of this case the Receiving Party and every

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other person and/or entity who received originals or copies of the Confidential

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Information, other than the Court/Court personnel, shall return all originals,

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copies of the Confidential Information, and material derived therefrom, including,

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but not limited to, all log(s) of persons authorized to review the protected

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documents and the written statement(s) acknowledging the terms and provisions

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of this Order pursuant to Paragraph No. 18 of this Order, to the Disclosing Party

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care of:

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Paul B. Beach, Esq.
James S. Eicher Jr., Esq.
Lawrence Beach Allen & Choi, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Alternatively, the Receiving Party and every other person and/or entity

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who received originals or copies of the Confidential Information, other than the

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Court/Court personnel, may destroy all such material and material derived

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therefrom within thirty (30) calendar days after the conclusion of this case.

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Additionally, within thirty (30) calendar days after the conclusion of this case,

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counsel for the Receiving Party shall send a signed declaration stating that such

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material has been destroyed pursuant to this Protective Order. This case has

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concluded when (i) a final judgment has been entered by the Court or the case has

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otherwise been dismissed with prejudice; (ii) the time for any objection to or

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request for reconsideration of such a judgment or dismissal has expired; (iii) all

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available appeals have concluded or the time for such appeals has expired; (iv)

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any post-appeal proceedings have themselves concluded; or (v) after payment of

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monies due, if any, to Plaintiff and/or his attorneys, whether via judgment,

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settlement or otherwise.

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Survivability Of This Protective Order. This Stipulation and

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Protective Order shall survive the termination of this action, and the Court shall

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retain jurisdiction to enforce it.

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IT IS SO ORDERED.

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Dated: January 4, 2016___________ ______________/s/__________________
Honorable Jacqueline Chooljian
United States Magistrate Judge

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