Tanya Tate-Cook et al v. County of Los Angeles et al

Filing 28

PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 26 . See order for details. (hr)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 TANYA TATE-COOK, et al., Plaintiff, 11 v. 12 Case No. 2:16-cv-02068-BRO-JC PROTECTIVE ORDER 13 COUNTY OF LOS ANGELES, et al., 14 Defendants. 15 16 17 1. A. PURPOSES AND LIMITATIONS 18 As the parties have represented that discovery in this action is likely to 19 involve production of confidential, proprietary, or private information for which 20 special protection from public disclosure and from use for any purpose other than 21 prosecuting this litigation may be warranted, this Court enters the following 22 Protective Order. This Order does not confer blanket protections on all disclosures 23 or responses to discovery. The protection it affords from public disclosure and use 24 extends only to the limited information or items that are entitled to confidential 25 treatment under the applicable legal principles. Further, as set forth in Section 12.3, 26 below, this Protective Order does not entitle the parties to file confidential 27 information under seal. Rather, when the parties seek permission from the court to 28 1 file material under seal, the parties must comply with Civil Local Rule 79-5 and 2 with any pertinent orders of the assigned District Judge and Magistrate Judge. 3 B. GOOD CAUSE STATEMENT 4 In light of the nature of the claims and allegations in this case and the parties’ 5 representations that discovery in this case will involve the production of confidential 6 records (e.g., materials relating to ongoing investigations of the Los Angeles County 7 Sheriff’s Department and other official records not publicly available through the 8 California Public Records Act), and in order to expedite the flow of information, to 9 facilitate the prompt resolution of disputes over confidentiality of discovery 10 materials, to adequately protect information the parties are entitled to keep 11 confidential, to ensure that the parties are permitted reasonable necessary uses of 12 such material in connection with this action, to address their handling of such 13 material at the end of the litigation, and to serve the ends of justice, a protective 14 order for such information is justified in this matter. The parties shall not designate 15 any information/documents as confidential without a good faith belief that such 16 information/documents have been maintained in a confidential, non-public manner, 17 and that there is good cause or a compelling reason why it should not be part of the 18 public record of this case. 19 2. 2.1 20 21 Action: The instant action: Tanya Tate-Cook, et al., v. County of Los Angeles, et al., Case No. 2:16-cv-02068-BRO-JC. 2.2 22 23 DEFINITIONS Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 24 “CONFIDENTIAL” Information or Items: information (regardless of 25 how it is generated, stored or maintained) or tangible things that qualify for 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 27 the Good Cause Statement. 28 /// 2 1 2 3 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 information or 4 items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL.” 6 2.6 Disclosure or Discovery Material: all items or information, regardless 7 of the medium or manner in which it is generated, stored, or maintained (including, 8 among other things, testimony, transcripts, and tangible things), that are produced or 9 generated in disclosures or responses to discovery in this matter. 10 2.7 Expert: a person with specialized knowledge or experience in a matter 11 pertinent to the litigation who has been retained by a Party or its counsel to serve as 12 an expert witness or as a consultant in this Action. 13 2.8 House Counsel: attorneys who are employees of a party to this Action. 14 House Counsel does not include Outside Counsel of Record or any other outside 15 counsel. 16 17 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 18 2.10 Outside Counsel of Record: attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to this Action and 20 have appeared in this Action on behalf of that party or are affiliated with a law firm 21 which has appeared on behalf of that party, and includes support staff. 22 2.11 Party: any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their 24 support staffs). 25 26 27 28 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 3 2.14 Protected Material: 4 any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: 5 6 Material from a Producing Party. 7 3. a Party that receives Disclosure or Discovery SCOPE 8 The protections conferred by this Order cover not only Protected Material (as 9 defined above), but also (1) any information copied or extracted from Protected 10 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 11 and (3) any deposition testimony, conversations, or presentations by Parties or their 12 Counsel that might reveal Protected Material, other than during a court hearing or at 13 trial. 14 Any use of Protected Material during a court hearing or at trial shall be 15 governed by the orders of the presiding judge. This Order does not govern the use 16 of Protected Material during a court hearing or at trial. 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 22 or without prejudice; and (2) final judgment herein after the completion and 23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 24 including the time limits for filing any motions or applications for extension of time 25 pursuant to applicable law. 26 5. 27 28 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under 4 1 this Order must take care to limit any such designation to specific material that 2 qualifies under the appropriate standards. The Designating Party must designate for 3 protection only those parts of material, documents, items, or oral or written 4 communications that qualify so that other portions of the material, documents, 5 items, or communications for which protection is not warranted are not swept 6 unjustifiably within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to impose 10 unnecessary expenses and burdens on other parties) may expose the Designating 11 Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other Parties that it is withdrawing the inapplicable designation. 5.2 15 Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 18 under this Order must be clearly so designated before the material is disclosed or 19 produced. Designation in conformity with this Order requires: 20 (a) 21 for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions), that the Producing Party affix 23 at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 24 legend”), to each page that contains protected material. If only a portion or portions 25 of the material on a page qualifies for protection, the Producing Party also must 26 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 27 margins). 28 /// 5 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, before 8 producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 10 portion or portions of the material on a page qualifies for protection, the Producing 11 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 markings in the margins). (b) for testimony given in depositions that the Designating Party identifies 13 14 on the record, before the close of the deposition as protected testimony. 15 (c) for information produced in some form other than documentary and 16 for any other tangible items, that the Producing Party affix in a prominent place on 17 the exterior of the container or containers in which the information is stored the 18 legend “CONFIDENTIAL.” If only a portion or portions of the information 19 warrants protection, the Producing Party, to the extent practicable, shall identify the 20 protected portion(s). 5.3 21 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive 23 the Designating Party’s right to secure protection under this Order for such material. 24 Upon timely correction of a designation, the Receiving Party must make reasonable 25 efforts to assure that the material is treated in accordance with the provisions of this 26 Order. 27 /// 28 /// 6 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 2 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 6.2 5 6 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 6.3 7 The burden of persuasion in any such challenge proceeding shall be on 8 the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 7. 16 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under the 20 conditions described in this Order. When the Action has been terminated, a 21 Receiving Party must comply with the provisions of Section 13 below. 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, a 27 Receiving 28 “CONFIDENTIAL” only to: Party may disclose any 7 information or item designated 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 2 well 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 4 5 the Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the court and its personnel; 9 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the information or a 14 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 19 form attached as Exhibit A hereto; and (2) they will not be permitted to keep any 20 confidential information unless they sign the “Acknowledgment and Agreement to 21 Be Bound” attached as Exhibit A, unless otherwise agreed by the Designating Party 22 or ordered by the court. Pages of transcribed deposition testimony or exhibits to 23 depositions that reveal Protected Material may be separately bound by the court 24 reporter and may not be disclosed to anyone except as permitted under this 25 Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, 26 27 mutually agreed upon by any of the parties engaged in settlement discussions. 28 /// 8 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 6 7 shall include a copy of the subpoena or court order unless prohibited by law; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Protective Order; and (c) 12 13 cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission, or unless otherwise required by the law or court order. The Designating 19 Party shall bear the burden and expense of seeking protection in that court of its 20 confidential material and nothing in these provisions should be construed as 21 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 22 directive from another court. 23 9. 24 PRODUCED IN THIS LITIGATION A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 /// 9 1 remedies and relief provided by this Order. Nothing in these provisions should be 2 construed as prohibiting a Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party 8 that some or all of the information requested is subject to a confidentiality 9 agreement with a Non-Party; 10 (2) promptly provide the Non-Party with a copy of the Protective 11 Order in this Action, the relevant discovery request(s), and a reasonably specific 12 description of the information requested; and 13 14 (3) make the information requested available for inspection by the Non-Party, if requested. 15 (c) If a Non-Party represented by counsel fails to commence the process 16 called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the 17 notice and accompanying information or fails contemporaneously to notify the 18 Receiving Party that it has done so, the Receiving Party may produce the Non- 19 Party’s confidential information responsive to the discovery request. 20 unrepresented Non-Party fails to seek a protective order from this court within 14 21 days of receiving the notice and accompanying information, the Receiving Party 22 may produce the Non-Party’s confidential information responsive to the discovery 23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 24 not produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Non-Party before a determination by the court 26 unless otherwise required by the law or court order. Absent a court order to the 27 contrary, the Non-Party shall bear the burden and expense of seeking protection in 28 this court of its Protected Material. 10 If an 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Protective Order, the Receiving Party must immediately (a) notify in writing the 5 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 6 all unauthorized copies of the Protected Material, (c) inform the person or persons to 7 whom unauthorized disclosures were made of all the terms of this Order, and (d) 8 request such person or persons to execute the “Acknowledgment and Agreement to 9 Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without 17 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 18 as the parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement into this Protective Order. 21 12. 22 23 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 24 12.2 Right to Assert Other Objections. No Party waives any right it 25 otherwise would have to object to disclosing or producing any information or item 26 on any ground not addressed in this Protective Order. Similarly, no Party waives 27 any right to object on any ground to use in evidence of any of the material covered 28 by this Protective Order. 11 1 12.3 Filing Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Civil Local Rule 79-5 and with any pertinent 3 orders of the assigned District Judge and Magistrate Judge. If a Party's request to 4 file Protected Material under seal is denied by the court, then the Receiving Party 5 may file the information in the public record unless otherwise instructed by the 6 court. 7 13. FINAL DISPOSITION 8 After the final disposition of this Action, as defined in Section 4, within 60 9 days of a written request by the Designating Party, each Receiving Party must return 10 all Protected Material to the Producing Party or destroy such material. As used in 11 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 summaries, and any other format reproducing or capturing any of the Protected 13 Material. Whether the Protected Material is returned or destroyed, the Receiving 14 Party must submit a written certification to the Producing Party (and, if not the same 15 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned or 17 destroyed and (2) affirms that the Receiving Party has not retained any copies, 18 abstracts, compilations, summaries or any other format reproducing or capturing any 19 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 20 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 21 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 22 reports, attorney work product, and consultant and expert work product, even if such 23 materials contain Protected Material. Any such archival copies that contain or 24 constitute Protected Material remain subject to this Protective Order as set forth in 25 Section 4. 26 /// 27 /// 28 /// 12 1 14. Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 5 IT IS SO ORDERED. 6 7 DATED: February 6, 2017 8 9 10 ___________/s/______________ Honorable Jacqueline Chooljian United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Protective Order that was issued 7 by the United States District Court for the Central District of California on February 8 6, 2017, in the case of Tanya Tate-Cook, et al., v. County of Los Angeles, et al., 9 Case No. 2:16-cv-02068-BRO-JC. I agree to comply with and to be bound by all 10 the terms of this Protective Order and I understand and acknowledge that failure to 11 so comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 14

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