Michael Ray Hanline v. County of Ventura et al

Filing 83

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich: GRANTED. 82 (klg)

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1 2 3 4 5 6 Tomas A. Guterres, Esq. (State Bar No. 152729) Audra C. Call, Esq. (State Bar No. 252804) Carl B. Arias, Esq. (State Bar No. 205068) COLLINS COLLINS MUIR + STEWART LLP 1100 El Centro Street South Pasadena, CA 91030 (626) 243-1100 – FAX (626) 243-1111 Email: acall@ccmslaw.com Email: carias@ccmslaw.com 7 8 9 Exempt from Payment of Filing Fee Pursuant to Govt. Code § 6103. Attorneys for Defendants COUNTY OF VENTURA, OFFICE OF THE VENTURA COUNTY DISTRICT ATTORNEY, VENTURA COUNTY SHERIFF’S DEPARTMENT and RICHARD RODRIGUEZ 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA ) CASE NO. 2:15-cv-08808-VAP (AJWx) MICHAEL RAY HANLINE, ) [Assigned to the Hon. Virginia A. Phillips, ) Courtroom 8A, 8th Floor] Plaintiff, ) ) [PROPOSED] ORDER TO PROTECT vs. ) CONFIDENTIAL INFORMATION COUNTY OF VENTURA, OFFICE ) ) OF THE VENTURA COUNTY DISTRICT ATTORNEY; VENTURA ) Complaint Filed: 11/12/2015 ) COUNTY SHERIFF’S ) Trial Date: DEPARTMENT; LOUIS October 3, 2017 ) SAMONSKY; RICHARD ) RODRIGUEZ; CHARLOTTE ) McCOY, as Successor in Interest to MARTIN McCOY; and DOES 1-10 ) ) INCLUSIVE, ) ) Defendant. ) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Based upon the stipulation of the parties and GOOD CAUSE APPEARING, 27 IT IS ORDERED THAT pursuant to Federal Rules of Civil Procedure Rule 26(c), 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 File No. 19659 1 PROTECTIVE ORDER 1 the following information is protected and precluded from publication as follows: 2 1. 3 Information contained in the personnel files of MARTIN McCOY and 4 RICHARD RODRIGUEZ which is confidential and has not been made public, 5 including, but not limited to, any and all citizen’s complaints and/or complaints, 6 reviews, or discipline initiated by other law enforcement personnel and any training 7 records. 8 2. Good cause exists for issuance of a protective order pursuant to Federal 9 10 Rule of Civil Procedure Rule 26(c) to facilitate the production of documents and 11 information responsive to the discovery requests of Plaintiff and to balance the 12 privacy interests and protection of information afforded to law enforcement officers 13 in the state of California including MARTIN McCOY and RICHARD 14 RODRIGUEZ that DEFENDANTS contend is statutorily deemed confidential and 15 protected by California Evidence Code section 1040 et seq., the privilege for official 16 information (Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990)), 17 California Penal Code section 832.5 et seq., and California Evidence Code sections 18 1043 and 1045. Good cause further exists because if this confidential information 19 were made public in this proceeding, it could allow for misuse of the peace officer 20 personnel information and other official information in other judicial and 21 administrative proceedings. IT IS FURTHER ORDERED THAT: 22 23 24 25 26 27 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 3. The information and/or documentation referred to in Paragraph 1 above will be referred to as the “CONFIDENTIAL INFORMATION.” The Court orders that the CONFIDENTIAL INFORMATION be released to PLAINTIFF’s counsel for purposes of litigation in this matter. The parties and their respective counsel hereby stipulate that the CONFIDENTIAL INFORMATION shall be used in this litigation as follows: File No. 19659 2 PROTECTIVE ORDER 1 a. CONFIDENTIAL INFORMATION shall be used solely in 2 connection with this litigation and the preparation of this case, or 3 any related appellate proceeding, and not for any other purpose, 4 including any other litigation or administrative proceedings. 5 Further, PLAINTIFF’s Counsel agrees that the designated 6 personnel files shall not be shared with, or provided to 7 PLAINTIFF and/or any other unauthorized persons and is being 8 provided under an “attorneys’ eyes only” provision. 9 b. CONFIDENTIAL INFORMATION produced in this action may 10 be designated by DEFENDANTS by marking each page of the 11 document(s) with a stamp stating “CONFIDENTIAL Subject to 12 Protective Order”. 13 c. Testimony taken at a deposition, conference, hearing, or trial may 14 be designated as confidential by making a statement to that effect 15 on the record at the deposition or other proceeding. Arrangements 16 shall be made with the court reporter taking and transcribing such 17 proceeding to separately bind such portions of the transcript 18 containing information designated as confidential, and to label 19 such portions appropriately and shall be treated the same as 20 CONFIDENTIAL INFORMATION. 21 d. At any time after receipt of documents labeled “CONFIDENTIAL 22 Subject 23 DEFENDANTS with a written objection to the classification of 24 specific documents as “CONFIDENTIAL” and the basis for 25 PLAINTIFF’s objection. Upon receipt of such written objection, 26 the DEFENDANTS shall provide a written response to 27 PLAINTIFF within three business days. If the DEFENDANTS do 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 to Protective Order,” PLAINTIFF File No. 19659 3 PROTECTIVE ORDER may provide 1 not agree with the position of PLAINTIFF, the PLAINTIFF shall 2 have the option of proceeding with a discovery motion, pursuant to 3 Local Rule 37 et seq., contesting the confidential nature of the 4 disputed documents. The parties shall comply with the meet and 5 confer requirements of Local 37 et seq. prior to the filing of any 6 such motion. The DEFENDANTS shall bear the burden of 7 establishing the confidential nature of the disputed documents. 8 e. Under no circumstances shall the CONFIDENTIAL 9 INFORMATION, or the information contained therein, be 10 retained, compiled, stored, used as a database, or disseminated, in 11 any form, except for purposes of this litigated matter in accordance 12 with this Protective Order or by further order of the Court. 13 f. DEFENDANTS reserve all objections, including but not limited to 14 the following objections: on grounds that particular documents are 15 CONFIDENTIAL by the attorney-client privilege and/or the 16 attorney work product doctrine; official information privilege; are 17 not likely to lead to the discovery of admissible evidence, and as 18 such are not relevant to the causes of action raised by this lawsuit 19 under Federal Rules of Civil Procedure, Rule 26(a)(1)(A)(B); and 20 all remedies under the code, including the right to recess the 21 deposition to bring a protective order before the Court. 22 g. PLAINTIFF reserves all rights and remedies under the Federal 23 Rules of Civil Procedure and the Federal Rules of Evidence 24 pertaining to discovery. 25 h. CONFIDENTIAL INFORMATION and the information contained 26 therein may not be disclosed, except as set forth in paragraph 4(i) 27 below. 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 File No. 19659 4 PROTECTIVE ORDER 1 i. CONFIDENTIAL INFORMATION may only be disclosed to the 2 following persons: 3 i. Counsel for PLAINTIFF. 4 ii. Paralegal, law clerk, stenographic, clerical, and secretarial 5 personnel regularly employed by counsel referred to in 6 paragraph 4(i)(i) above. 7 iii. Court personnel, including stenographic reporters, necessary 8 for the preparation and processing of this action. 9 iv. Any expert or consultant retained in the instant case. 10 v. 11 j. Any individual approved by the Court. CONFIDENTIAL INFORMATION shall not be divulged to any 12 other person or entities, including the print, radio, television, or 13 any other media. 14 k. 15 CONFIDENTIAL INFORMATION shall not be posted on the internet or on any website. 16 l. If CONFIDENTIAL INFORMATION is included in any papers to 17 be filed in Court, such papers shall be labeled “Confidential – 18 Subject to Court Order” and filed under seal until further order of 19 the Court. 20 m. In the event that any of the CONFIDENTIAL INFORMATION is 21 used in any Court proceeding in this action, it shall not lose its 22 confidential status through such use, and the party using 23 CONFIDENTIAL INFORMATION shall take all reasonable steps 24 to maintain its confidentiality during such use, including but not 25 limited to redaction and/or filing documents under seal. 26 n. 27 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 Nothing in paragraph 4(e) is intended to prevent authorized government officials for the County of Los Angeles from having File No. 19659 5 PROTECTIVE ORDER 1 access to the documents if they had access in the normal course of 2 their job duties. 3 4. PLAINTIFF, PLAINTIFF’s Counsel, DEFENDANTS, and 4 DEFENDANTS’ Counsel shall cause the substance of this Protective Order to be 5 communicated to each person to whom CONFIDENTIAL INFORMATION is 6 revealed and/or disseminated and shall obtain agreement to abide by the Protective 7 Order from each such person. 8 5. After completion of the judicial process in this case, including any 9 appeals 10 INFORMATION received under the provisions of this Order and copies thereof 11 shall be destroyed or returned to the attorneys of record for DEFENDANTS, Collins 12 Collins Muir + Stewart LLP, 1100 El Centro Street, South Pasadena, CA 91030. This 13 case shall be completed when (i) a final judgment has been entered by the Court or 14 the case has otherwise been dismissed with prejudice; (ii) the time for any objection 15 to or request for reconsideration of such a judgment or dismissal has expired; (iii) all 16 available appeals have concluded or the time for such appeals has expired; and (iv) 17 any post appeal proceedings have themselves concluded. The provisions of this 18 Order shall be in effect until further order of this Court. 19 6. or other termination of this litigation, all CONFIDENTIAL Any counsel, expert, or consultant retained in the instant case or 20 investigator retained by counsel for any party to this case, shall not disclose the 21 CONFIDENTIAL INFORMATION or the information contained therein in to any 22 other persons or entities for any reason, nor in any other court proceeding subject to 23 further order of this Court. 24 7. Provisions of this Order insofar as they restrict disclosure and the use 25 of material shall be in effect until further order of this Court. 26 // 27 // 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 File No. 19659 6 PROTECTIVE ORDER 1 8. For good cause, any party may seek a modification of this Order, by 2 first attempting to obtain the consent of the other parties to such modification, and 3 then, absent consent, by application to this Court. 4 IT IS SO ORDERED. 5 6 DATED: March 10, 2017 7 8 ________________________________ Hon. Andrew J. Wistrich United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Collins Collins Muir + Stewart LLP 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 File No. 19659 7 PROTECTIVE ORDER

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