Christopher Jaramillo v. City of Los Angeles, et al

Filing 32

AMENDED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon. Re Amended Stipulation for Protective Order 31 . (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CASE NO. CV16-01227DMG (AFMx)

CHRISTOPHER JARAMILLO,

Hon. Mag Judge Alexander F. MacKinnon, Crtrm H,
9th Floor, Spring Street Courthouse

Plaintiff,
vs.
CITY OF LOS ANGELES; LOS
ANGELES POLICE DEPARTMENT; and
DOES 1 through 25, inclusive,
Defendants.

[PROPOSED]
AMENDED PROTECTIVE ORDER
RE: DISCLOSURE OF
CONFIDENTIAL INFORMATION

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WHEREAS, Plaintiff is seeking materials and information that Defendant City
of Los Angeles (“City”) maintains as confidential, such as personnel files of the police

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officers involved in this incident, Force Investigation Division materials and

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information, Internal Affairs materials and information, and other administrative

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materials and information currently in the possession of the City and which the City

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believes need special protection from public disclosure and from use for any purpose

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other than prosecuting this litigation;

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WHEREAS, Plaintiff is also seeking official information contained in the

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personnel files of the involved police officers, LAPD Officers, which the City
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maintains as strictly confidential and which the City believes need special protection
from public disclosure and from use for any purpose other than prosecuting this

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litigation;

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WHEREAS, the City asserts that the confidentiality of the materials and

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information sought by Plaintiff is recognized by California and federal law, as

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evidenced inter alia by California Penal Code section 832.7 and Kerr v. United States

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Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976);
WHEREAS, the City has not publicly released the materials and information
referenced above except under protective order or pursuant to court order, if at all;
WHEREAS, the City contends these materials and information are of the type
that has been used to initiate disciplinary action against Los Angeles Police

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Department (“LAPD”) officers, and has been used as evidence in disciplinary

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proceedings, where the officers’ conduct was considered to be contrary to LAPD

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policy;

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WHEREAS, the City contends that absent a protective order delineating the

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responsibilities of nondisclosure on the part of the parties hereto, there is a specific risk

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of unnecessary and undue disclosure by one or more of the many attorneys, secretaries,

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law clerks, paralegals and expert witnesses involved in this case, as well as the

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corollary risk of embarrassment, harassment and professional and legal harm on the

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part of the LAPD officers referenced in the materials and information;

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WHEREAS, the City contends that the unfettered disclosure of the materials and

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information, absent a protective order, would allow the media to share this information

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with potential jurors in the area, impacting the rights of the City herein to receive a fair
trial.

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ORDER ON STIPULATION

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The Court, having found good cause, Orders as follows:

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1.

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Defendants (hereinafter “Disclosing Party(ies)”) may designate as

confidential any personnel files, videos, Internal Affairs materials or any other

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materials or writing that they, in good faith, believe is protected from disclosure within

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the meaning of FRCivP 26(g), in that they believe the material contains confidential or

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private information. Such materials may be classified as subject to this protective

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order by marking the material, each document or writing with a watermark that

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includes words such as “Confidential,” “Confidential Documents,” “Confidential

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Material,” “Subject to Protective Order,” or words of a similar effect, and that includes

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the case name and case number.

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Materials and writings so designated, and all

privileged information derived therefrom [hereinafter collectively referred to as

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“Confidential Material”], shall be treated in accordance with the terms of this Order.

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In making this designation, the Disclosing Parties are also representing that no portion

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of the materials is segregable and, therefore, subject to production without restriction

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as “Confidential.”

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2.

Confidential Material may be used by the persons receiving such

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information [hereinafter “Receiving Party(ies)”] only for the purpose of litigation of

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this case, and for such other purposes as permitted by law.

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3.

This Order applies not only to the Confidential Material, but also to (1)

any information copied or extracted from the Confidential Material; (2) all copies,

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excerpts, summaries or compilations of Confidential Material; and (3) any testimony,

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conversations, or presentations by Receiving Parties that might reveal Confidential

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Material.

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4.

The Confidential Material may only be disclosed to the Court and to the

following “qualified” persons:

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(a)

Counsel of record for the parties to this civil litigation;

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(b)

Defendants City of Los Angeles and Los Angeles Police

(c)

Attorneys, paralegals, law clerks, stenographic, clerical and

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Department;

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secretarial personnel who are employees in the offices of counsel referred to in
subparagraph (a);

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(d)
(e)

Expert witnesses consulted and/or retained for this action; and

(f)

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Parties to the litigation;

The judge and court personnel, including stenographic reporters.

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5.

Prior to the disclosure of any Confidential Material to any person

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described in paragraph 3(a), (c) or (d), counsel for the Receiving Party who seeks to

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use or disclose such Confidential Material shall first provide a copy of this Stipulation

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and have the individual to whom the Receiving Party intends to disclose said

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Confidential Material sign the Nondisclosure Agreement set forth in Attachment “A”,

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stating that the person has received and read a copy of the Stipulation and understands

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that s/he is bound by the terms of the Stipulation.
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6.

Unless made on the record in this litigation, counsel making the disclosure

to any qualified person described herein shall retain the original executed copy of the

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Nondisclosure Agreements until thirty (30) days after this litigation has become final,

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including any appellate review, and monitoring of an injunction. Counsel for the

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Receiving Party shall maintain all signed Nondisclosure Agreements and shall produce

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the original signature page upon reasonable written notice from opposing counsel. If

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an issue arises regarding a purported unauthorized disclosure of Confidential Material,

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upon noticed motion of contempt filed by the Disclosing Parties, counsel for the

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Receiving Party may be required to file the signed Nondisclosure Agreements, as well

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as a list of the disclosed materials, in camera with the Court having jurisdiction of the

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Stipulation.

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7.

The court reporter, videographer, and audiographer, if any, who record all

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or part of the depositions in this matter shall be subject to this Order. In preparing the

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original deposition videotape, audiotape, or portions thereof, any copies thereof, or

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portions of copies thereof, all materials and testimony designated as “Confidential

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Material”, including testimony derived from the “Confidential Material”, shall be

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segregated from the rest of the deposition. No copies of such segregated “Confidential

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Material” portions of the materials described above shall be provided to any persons

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other than those persons identified in paragraph 4. Nothing in this agreement is

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intended to limit the rights of third parties to obtain such Confidential Material through

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discovery and subpoena power in other proceedings, subject to a motion for a

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protective order filed in those proceedings by the party seeking to prevent disclosure of

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the Confidential Material.
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8.

If any “Confidential Material” or testimony derived from such materials

occurs at a deposition, those attending such portions of the depositions shall be bound

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by this Order and, therefore, shall not disclose to any person or entity, in any manner,

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including orally, any statements made by Defendants City of Los Angeles and Los

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Angeles Police Department, or any other current or former employee of the Los

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Angeles Police Department during the “Confidential” sections of said depositions.

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9.

An inadvertent failure to designate qualified materials or items does not,

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standing alone, waive the Disclosing Party’s right to secure protection under this Order

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for such material.

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Receiving Party must make reasonable efforts to assure that the material is treated in

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Upon being notified of the correction of a designation, the

accordance with this provisions of this Order.

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10.

Upon final termination of this litigation, including any appeal pertaining

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thereto, all materials still classified as Confidential Material at that time, and all copies

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thereof, including copies provided to any qualified person in paragraph 3 herein above,

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shall be returned to the Disclosing Party within thirty (30) days.

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11.

If any Receiving Party who receives Confidential Material is served with

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a subpoena or other request seeking Confidential Material, s/he or it shall immediately

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give written notice to counsel for the Disclosing Parties, identifying the Confidential

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Material sought and the time in which production or other disclosure is required. Such

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notice shall be given sufficiently in advance of the date for production or other

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disclosure so that the Disclosing Parties have the opportunity to obtain an order barring

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production or other disclosure, or to otherwise respond to the subpoena or other

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request for production or disclosure of Confidential Material. The Receiving Party
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also shall immediately give notice to the party who caused the subpoena or other
request to issue that the material is subject to this Order and include a copy of this

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Order. In no event should production or disclosure be made without prior written

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approval by the Disclosing Party’s Counsel unless required by court order arising from

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a motion to compel production or disclosure of Confidential Material.

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12.

Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

written submissions to the Court in this litigation which contain or incorporate

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Confidential Material shall be filed and maintained in accordance with Local Rule 79-

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5, which governs the filing of materials under seal. Any other pleadings, motions,

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briefs, declarations, stipulations, exhibits or other written submissions that refer but do

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not contain or incorporate Confidential Material, shall designate the particular aspects

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that are confidential so as to enable the Court, in drafting presumptively public orders

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relating to these filings under seal, to determine whether there is evidence which the

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Court should attempt not to disclose. If any papers to be filed with the Court contain

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Confidential Material, the proposed filing shall be accompanied by an application to

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file the papers or the portion thereof containing the protected information, under seal

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and that the application shall be directed to the judge to whom the papers are directed.

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Pending the ruling on the application, the papers or portions thereof subject to the

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sealing application shall be lodged under seal.

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13.

Counsel for the parties agree to request that any motions, applications or

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other pre-trial proceedings which would entail the disclosure of Confidential Material

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be heard by the Court in a manner that would preserve the confidential nature of the

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information, unless having heard opposition from counsel to such a process, the Court
orders otherwise.

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introduction of any Confidential Material into evidence.

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Nothing herein shall prejudice any party’s rights to object to the

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Any violation of this Order may be punished by any and all appropriate

measures including, without limitation, contempt proceedings and/or monetary
sanctions.
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Any party bound by the Order who contests the confidential nature of

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materials produced pursuant to this Order may move the Court for an order to have the

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materials removed from the protective order and to have the materials declared not

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confidential, or otherwise move to modify the Order as to some or all of the materials.

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17.

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This Protective Order does not govern the use of confidential material at

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trial, and use of confidential material at trial shall be governed by order of the trial

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judge.

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Any challenge to a confidentiality designation shall be submitted to the

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Court in the form of a joint stipulation under Local Rule 37.
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Any procedures specified above in this Protective Order are in addition to,

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and not in lieu of, compliance with the local rules regarding discovery motions.

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ATTACHMENT “A”

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NONDISCLOSURE AGREEMENT

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I, __________________________do solemnly swear that I am fully familiar

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with the terms of the Protective Order entered in Christopher Jaramillo v. City of Los

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Angeles, et al., United States District Court for the Central District of California,

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Central Division, Case No. No. CV16-01227DMG (AFM), and hereby agree to

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comply with and be bound by the terms and conditions of said Order. I hereby consent

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to the jurisdiction

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of the United States District Court for the Central District of California for purposes of

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enforcing this Order.

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Dated:

Signed:

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IT IS SO ORDERED.
Dated: 1/18/ 2017
By: ____________________________________________
ALEXANDER F. MAC KINNON
UNITED STATES MAGISTRATE JUDGE
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