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)

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