Benjamin Limon v. City of Rialto et al

Filing 28

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. re Stipulation for Protective Order 26 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 8 BENJAMIN LIMON, Plaintiff, 9 STIPULATED PROTECTIVE ORDER v. 10 11 CITY OF RIALTO; DAN STORDAHL; and DOES 1-5, Defendants. 12 Case No. 2:16-cv-03938 FMO (JPRx) NOTE CHANGES MADE BY THE COURT 13 14 15 1. A. PURPOSES AND LIMITATIONS 16 Discovery in this action is likely to involve production of confidential, 17 proprietary, or private information for which special protection from public 18 disclosure and from use for any purpose other than prosecuting this litigation may 19 be warranted. Accordingly, the parties hereby stipulate to and petition the court to 20 enter the following Stipulated Protective Order. The parties acknowledge that this 21 Order does not confer blanket protections on all disclosures or responses to 22 discovery and that the protection it affords from public disclosure and use extends 23 only to the limited information or items that are entitled to confidential treatment 24 under the applicable legal principles. The parties further acknowledge, as set forth 25 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 26 file confidential information under seal; Civil Local Rule 79-5 sets forth the 27 procedures that must be followed and the standards that will be applied when a 28 party seeks permission from the court to file material under seal. B. GOOD CAUSE STATEMENT 1 2 This action is likely to involve confidential information for which special 3 protection from public disclosure and from use for any purpose other than 4 prosecution of this action is warranted. Such confidential and proprietary materials 5 and information consist of, among other things, confidential business or financial 6 information, information regarding police tactics and strategies, police officer 7 personnel files, or other confidential research, development, or commercial 8 information (including information implicating privacy rights of third parties), 9 information otherwise generally unavailable to the public, or which may be 10 privileged or otherwise protected from disclosure under state or federal statutes, 11 court rules, case decisions, or common law. Accordingly, to expedite the flow of 12 information, to facilitate the prompt resolution of disputes over confidentiality of 13 discovery materials, to adequately protect information the parties are entitled to 14 keep confidential, to ensure that the parties are permitted reasonable necessary uses 15 of such material in preparation for and in the conduct of trial, to address their 16 handling at the end of litigation, and serve the ends of justice, a protective order for 17 such information is justified in this matter. It is the intent of the parties that 18 information will not be designated as confidential for tactical reasons and that 19 nothing be so designated without a good faith belief that it has been maintained in a 20 confidential, non-public manner, and there is good cause why it should not be part 21 of the public record of this case. 22 2. 23 24 25 26 27 28 DEFINITIONS 2.1 Action: This pending federal lawsuit and any consolidated or related actions. 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for 2 1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 2 the Good Cause Statement. 3 4 5 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 6 items that it produces in disclosures or in responses to discovery as 7 “CONFIDENTIAL.” 8 2.6 Disclosure or Discovery Material: all items or information, regardless 9 of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced 11 or generated in disclosures or responses to discovery in this matter. 12 2.7 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve as 14 an expert witness or as a consultant in this Action. 15 2.8 House Counsel: attorneys who are employees of a party to this action. 16 House Counsel does not include Outside Counsel of Record or any other outside 17 counsel. 18 19 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 20 2.10 Outside Counsel of Record: attorneys who are not employees of a 21 party to this action but are retained to represent or advise a party to this Action and 22 have appeared in this Action on behalf of that party or are affiliated with a law firm 23 which has appeared on behalf of that party, and includes support staff. 24 2.11 Party: any party to this Action, including all of its officers, directors, 25 employees, consultants, retained experts, and Outside Counsel of Record (and their 26 support staffs). 27 28 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 3 2.13 Professional Vendors: 1 persons or entities that provide litigation 2 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 2.14 Protected Material: 6 any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: 7 8 Material from a Producing Party. 9 3. a Party that receives Disclosure or Discovery SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 15 16 trial judge. This order does not govern the use of Protected Material at trial. 17 Defendant City of Rialto designates as Protected Material (1) any and all 18 police officer bodycam videos depicting the incident complained of by Plaintiff and 19 (2) any and all police officer personnel files and/or portions thereof. The Court 20 does not at this time make any finding concerning whether any of that information 21 is in fact entitled to protection as confidential. 22 4. DURATION 23 Even after final disposition of this litigation, the confidentiality obligations 24 imposed by this Order shall remain in effect until a Designating Party agrees 25 otherwise in writing or a court order otherwise directs. Final disposition shall be 26 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 27 or without prejudice; and (2) final judgment herein after the completion and 28 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 4 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 5. 4 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items, or oral or written 9 communications that qualify – so that other portions of the material, documents, 10 items, or communications for which protection is not warranted are not swept 11 unjustifiably within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber or retard the case development process or 15 to impose unnecessary expenses and burdens on other parties) expose the 16 Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 26 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 28 proceedings), that the Producing Party affix at a minimum, the legend 5 1 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 2 contains protected material. If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). 5 A Party or Non-Party that makes original documents or materials available 6 for inspection need not designate them for protection until after the inspecting Party 7 has indicated which material it would like copied and produced. During the 8 inspection and before the designation, all of the material made available for 9 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 10 identified the documents it wants copied and produced, the Producing Party must 11 determine which documents, or portions thereof, qualify for protection under this 12 Order. Then, before producing the specified documents, the Producing Party must 13 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 14 If only a portion or portions of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected portion(s) (e.g., by making 16 appropriate markings in the margins). (b) for testimony given in deposition that the Designating Party identify 17 18 on the record, before the close of the deposition all protected testimony. 19 (c) for information produced in some form other than documentary and 20 for any other tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information or item is stored 22 the legend “CONFIDENTIAL.” If only a portion or portions of the information or 23 item warrant protection, the Producing Party, to the extent practicable, shall identify 24 the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 26 failure to designate qualified information or items does not, standing alone, waive 27 the Designating Party’s right to secure protection under this Order for such 28 material. Upon timely correction of a designation, the Receiving Party must make 6 1 reasonable efforts to assure that the material is treated in accordance with the 2 provisions of this Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 4 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s 6 scheduling order. 6.2 7 8 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 9 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper 11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 12 parties) may expose the Challenging Party to sanctions. Unless the Designating 13 Party has waived or withdrawn the confidentiality designation, all parties shall 14 continue to afford the material in question the level of protection to which it is 15 entitled under the Producing Party’s designation until the court rules on the 16 challenge. 17 7. 18 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 19 disclosed or produced by another Party or by a Non-Party in connection with this 20 Action only for prosecuting, defending, or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the litigation has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below (FINAL 24 DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 1 otherwise ordered by the court or permitted in writing by the Designating Party, a 2 Receiving 3 “CONFIDENTIAL” only to: Party may disclose any information or item designated 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as 5 well as employees of said Outside Counsel of Record to whom it is reasonably 6 necessary to disclose the information for this Action; 7 8 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this litigation and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this litigation and who 16 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 18 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 19 (h) during their depositions, witnesses, and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 22 will not be permitted to keep any confidential information unless they sign the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 24 agreed by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material must 26 be separately bound by the court reporter and may not be disclosed to anyone 27 except as permitted under this Stipulated Protective Order; and 28 (i) any mediator or settlement officer, and their supporting personnel, 8 1 mutually agreed upon by any of the parties engaged in settlement discussions. 2 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 4 IN OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation 6 that compels disclosure of any information or items designated in this action as 7 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 8 9 shall include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order 11 to issue in the other litigation that some or all of the material covered by the 12 subpoena or order is subject to this Protective Order. Such notification shall include 13 a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be 14 15 pursued by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 the subpoena or court order shall not produce any information designated in this 18 action as “CONFIDENTIAL” before a determination by the court from which the 19 subpoena or order issued, unless the Party has obtained the Designating Party’s 20 permission or a court so orders. The Designating Party shall bear the burden and 21 expense of seeking protection in that court of its confidential material and nothing 22 in these provisions should be construed as authorizing or encouraging a Receiving 23 Party in this action to disobey a lawful directive from another court. 24 9. 25 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 26 (a) The terms of this Order are applicable to information produced by a 27 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 28 produced by Non-Parties in connection with this litigation is protected by the 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 Stipulated 11 Protective Order in this litigation, the relevant discovery request(s), and a 12 reasonably specific description of the information requested; and (3) make the information requested available for inspection by the 13 14 Non-Party, if requested. 15 (c) If the Non-Party fails to object or seek a protective order from this 16 court within 14 days of receiving the notice and accompanying information, the 17 Receiving Party may produce the Non-Party’s confidential information responsive 18 to the discovery request. If the Non-Party timely seeks a protective order, the 19 Receiving Party shall not produce any information in its possession or control that 20 is subject to the confidentiality agreement with the Non-Party before a 21 determination by the court. Absent a court order to the contrary, the Non-Party 22 shall bear the burden and expense of seeking protection in this court of its Protected 23 Material. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 28 writing the Designating Party of the unauthorized disclosures, (b) use its best 10 1 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 2 person or persons to whom unauthorized disclosures were made of all the terms of 3 this Order, and (d) request such person or persons to execute the “Acknowledgment 4 and Agreement to Be Bound” that is attached hereto as Exhibit A. 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the Receiving Parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 11 whatever procedure may be established in an e-discovery order that provides for 12 production without prior privilege review. Pursuant to Federal Rule of Evidence 13 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 14 of a communication or information covered by the attorney-client privilege or work 15 product protection, the parties may incorporate their agreement in the stipulated 16 protective order submitted to the court if the court so permits. 17 12. 18 19 MATERIAL 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. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in 23 this Stipulated Protective Order. Similarly, no Party waives any right to object on 24 any ground to use in evidence of any of the material covered by this Protective 25 Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5. Protected Material 28 may only be filed under seal pursuant to a court order authorizing the sealing of the 11 1 specific Protected Material at issue. If a Party’s request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information 3 in the public record unless otherwise instructed by the court. 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of the 10 Protected Material. Whether the Protected Material is returned or destroyed, the 11 Receiving Party must submit a written certification to the Producing Party (and, if 12 not the same person or entity, to the Designating Party) by the 60 day deadline that 13 (1) identifies (by category, where appropriate) all the Protected Material that was 14 returned or destroyed and (2) affirms that the Receiving Party has not retained any 15 copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, Counsel 17 are entitled to retain an archival copy of all pleadings, motion papers, trial, 18 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 19 and trial exhibits, expert reports, attorney work product, and consultant and expert 20 work product, even if such materials contain Protected Material. Any such archival 21 copies that contain or constitute Protected Material remain subject to this Protective 22 Order as set forth in Section 4 (DURATION). 23 // 24 // 25 // 26 // 27 // 28 // 12 1 // 2 // 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 I, Allen Christiansen, hereby attest that all other signatures listed, and on 6 whose behalf this filing is submitted, concur in the filing’s content and have 7 authorized this filing. 8 9 10 11 DATED: 12/15/2016 /s/ Allen Christiansen Allen Christiansen Attorneys for Defendants CITY OF RIALTO and DANE STORDAHL 12 13 14 DATED: 12/15/2016 15 /s/ Joseph M. McMullen Joseph M. McMullen Attorney for Plaintiff BENJAMIN LIMON 16 17 18 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 DATED: December 27, 2016 22 23 24 25 _____________________________________ JEAN ROSENBLUTH Jean P. Rosenbluth United States Magistrate Judge 26 27 28 13 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print 4 _________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on __________ [date] in the case of Benjamin Limon v. City 8 of Rialto, et al.; Case No. 2:16-cv-03938 FMO (JPRx). 9 I agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me 11 to sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Northern District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 28 Signature: _________________________________ 14 or type full name], of

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