Walter Deleon et al v. City of Los Angeles et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 24 (sbu)

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11/04/16

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WALTER DELEON, an individual;
12 YOVANNA DELEON as court-appointed
conservator to WALTER DELEON;
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Plaintiffs,
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Case No. CV16-03721 FMO (RAOx)
[Assigned to Hon. Fernando M. Olguin;
Magistrate: Rozella A. Oliver]

adv.
PROTECTIVE ORDER

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CITY OF LOS ANGELES; LOS
17 ANGELES POLICE DEPARTMENT;
CAIRO PALACIOS, an individual and
18 officer; and DOE OFFICERS 1-10;
Inclusive,
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Defendants.
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23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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Whereas Plaintiff WALTER DELEON has propounded requests for
production of documents and has requested confidential documents from

27 Defendant LOS ANGELES POLICE DEPARTMENT, and the parties having met
28 and conferred, and seek to avoid burdening the Court with possibly unnecessary
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1 discovery motions, and whereas the parties agree the release of certain documents
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may assist in resolving this matter, and have stipulated to the following terms and

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4 conditions, IT IS HEREBY ORDERED:
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1.

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The parties may designate as confidential the following:
[A]

Transcripts of interviews conducted pursuant to the Los

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8 Angeles Police Department’s internal investigation of the incident underlying this
9 lawsuit;
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[B]

Any documents which the Court orders or the parties agree in

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12 writing shall be kept confidential;
13 all of which the parties believe might contain information of a privileged,
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confidential, private or sensitive nature, by affixing to such document or writing a

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16 legend, such as “Confidential.” “Confidential Documents,” “Confidential
17 Material,” “Subject to Protective Order” or words of similar effect. These
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categories of documents and writings so designated, and all information derived
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20 therefrom (hereinafter, collectively, “Confidential Information”), shall be treated in
21 accordance with the terms of this stipulation.
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2.
Confidential Information may be used by the persons receiving
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24 such information only for the purpose of this litigation.
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3.

Subject to the further conditions imposed by this stipulation,

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Confidential Information may be disclosed only to the following persons:

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(a)

Counsel for the parties and to experts, investigators, paralegal

assistants, office clerks, secretaries and other such personnel working under their

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4 supervision;
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(b)

Such other parties as may be agreed by written stipulation

among the parties hereto.

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4.

Prior to the disclosure of any Confidential Information to any

9 person described in paragraph 3(a) or 3(b), counsel for the party that has received
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and seeks to use or disclose such Confidential Information shall first provide any

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12 such person with a copy of this stipulation, and shall cause him or her to execute,
13 on a second copy which counsel shall thereafter serve on the other party the
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following acknowledgment:

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“I understand that I am being given access to Confidential

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Information pursuant to the foregoing stipulation and order.

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I have read the Order and agree to be bound by its terms

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with respect to the handling, use and disclosure of such

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Confidential Information.

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Dated: _______________/s/________________________”
5.

Upon the final termination of this litigation, including any

25 appeal pertaining thereto, all Confidential Information and all copies thereof shall
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be returned to the Defendants, except as to Court personnel. All Confidential
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1 Information disclosed to any person or party pursuant to any provision hereof also
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shall be returned to the Defendants.

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6.

If any party who receives Confidential Information receives a

5 subpoena or other request seeking Confidential Information, he, she or it shall
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immediately give written notice to the Defendants’ counsel, identifying the

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8 Confidential Information sought and the time in which production or other
9 disclosure is required, and shall object to the request or subpoena on the grounds of
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this stipulation so as to afford the Defendants an opportunity to obtain an order

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12 barring production or other disclosure, or to otherwise respond to the subpoena or
13 other request for production or disclosure of Confidential Material. Other than
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objecting on the grounds of this stipulation, no party shall be obligated to seek an

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16 order barring production of Confidential Information, which obligation shall be
17 borne by the Defendants. However, in no event should production or disclosure be
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made without written notice to Defendants’ counsel unless required by court order
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20 after serving written notice to defendants’ counsel.
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7.

Any pleadings, motions, briefs, declarations, stipulations,

exhibits or other written submissions to the Court in this litigation which contain,

24 reflect, incorporate or refer to Confidential Information shall be filed and
25 maintained under seal, after written application to the Court made. If the Court
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approves the application to file the documents under seal, the original and judge’s
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28 copy of the document shall be sealed in separate envelopes with a title page affixed
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1 to the outside of each envelope. No sealed or confidential record of the Court
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maintained by the Clerk shall be disclosed except upon written order of the Court.

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8.

Counsel for the parties shall request that any motions,

5 applications or other pre-trial proceedings which could entail the discussion or
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disclosure of Confidential Information be heard by the Court outside the presence

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8 of the jury, unless having heard from counsel, the Court orders otherwise.
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9.

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

introduction of any Confidential Information into evidence, on grounds including

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12 but not limited to relevance and privilege.
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10.

This Protective Order survives settlement, trial and/or appeal.

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DATED: November 4, 2016
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HONORABLE ROZELLA A. OLIVER
UNITED STATES MAGISTRATE JUDGE

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