Anni Ma v. City of Los Angeles et al

Filing 41

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. IT IS HEREBY ORDERED: The parties may designate as confidential the following: [A] The Use of Force Report pertaining to the Los Angeles Police Department's internal investigation of the incident underlying this lawsuit; and [B] Any documents which the Court orders or the parties agree in writing shall be kept confidential. 40 (SEE ORDER FOR FURTHER DETAILS) (gr)

1
2

4/10/2017
G
R

3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12 ANNI MA,

CASE NO. CV16-05819 DMG(RAO)
[Assigned to Hon. Dolly M. Gee
Magistrate: Rozella A. Oliver]

13
Plaintiff,

14
15
16
17
18
19
20
21

vs.

PROTECTIVE ORDER

CITY OF LOS ANGELES; CITY
OF LOS ANGELES POLICE
DEPARTMENT; OFFICER
WESTON #38719, Individually and
in his Official Capacity as Police
Officer; OFFICER BERMUDEZ
#38268, Individually and in his
Official Capacity as a Police Officer;
and DOES 1 through 10, Inclusive,
Defendant.

22
23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24

Whereas Plaintiff ANNI MA has propounded requests for production of

25
26

documents and has requested confidential documents from Defendants CITY OF

27 LOS ANGELES and LOS ANGELES POLICE DEPARTMENT, and the parties
28
1

1 having met and conferred, and seek to avoid burdening the Court with possibly
2

unnecessary discovery motions, and whereas the parties agree the release of certain

3
4

documents may assist in resolving this matter, and have stipulated to the following

5 terms and conditions, IT IS HEREBY ORDERED:
6

1.

The parties may designate as confidential the following:

7
[A]

8

The Use of Force Report pertaining to the Los Angeles Police

9 Department’s internal investigation of the incident underlying this lawsuit; and
10

[B]

Any documents which the Court orders or the parties agree in

11
12 writing shall be kept confidential;
13 all of which the parties believe might contain information of a privileged,
14

confidential, private or sensitive nature, by affixing to such document or writing a

15
16 legend, such as “Confidential,” “Confidential Documents,” “Confidential
17 Material,” “Subject to Protective Order” or words of similar effect. These
18

categories of documents and writings so designated, and all information derived

19
20 therefrom (hereinafter, collectively, “Confidential Information”), shall be treated in
21 accordance with the terms of this stipulation.
22

2.

Confidential Information may be used by the persons receiving

23
24 such information only for the purpose of this litigation.
25
26
27

3.

Subject to the further conditions imposed by this stipulation,

Confidential Information may be disclosed only to counsel for the parties and to

28 experts.
2

1
2

4.

Prior to the disclosure of any Confidential Information to any

expert, counsel for the party that has received and seeks to use or disclose such

3
4

Confidential Information shall first provide any such person with a copy of this

5 Order, and shall cause him or her to execute, on a second copy which counsel shall
6

thereafter serve on the other party the following acknowledgment:

7
8
9
10

“I understand that I am being given access to Confidential
Information pursuant to the foregoing stipulation and order.
I have read the Order and agree to be bound by its terms

11
12

with respect to the handling, use and disclosure of such

13

Confidential Information.

14

Dated: _______________/s/________________________”

15
16

5.

Upon the final termination of this litigation, including any appeal

17 pertaining thereto, all Confidential Information and all copies thereof shall be
18

returned to the Defendants, except as to Court personnel. All Confidential

19
20 Information disclosed to any person or party pursuant to any provision hereof also
21 shall be returned to the Defendants.
22

6.

If any party who receives Confidential Information receives a

23
24 subpoena or other request seeking Confidential Information, he, she or it shall
25 immediately give written notice to the Defendants’ counsel, identifying the
26
Confidential Information sought and the time in which production or other
27
28 disclosure is required, and shall object to the request or subpoena on the grounds of
3

1 this stipulation so as to afford the Defendants an opportunity to obtain an order
2

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

3
4

other request for production or disclosure of Confidential Material. Other than

5 objecting on the grounds of this stipulation, no party shall be obligated to seek an
6

order barring production of Confidential Information, which obligation shall be

7
8

borne by the Defendants. However, in no event should production or disclosure be

9 made without written notice to Defendants’ counsel unless required by court order
10

after serving written notice to defendants’ counsel.

11
12

7.

Any pleadings, motions, briefs, declarations, stipulations,

13 exhibits or other written submissions to the Court in this litigation which contain,
14

reflect, incorporate or refer to Confidential Information shall be filed and maintained

15
16 under seal, after written application to the Court made. If the Court approves the
17 application to file the documents under seal, the original and judge’s copy of the
18

document shall be sealed in separate envelopes with a title page affixed to the

19
20 outside of each envelope. No sealed or confidential record of the Court maintained
21 by the Clerk shall be disclosed except upon written order of the Court.
22

8.

Counsel for the parties shall request that any motions,

23
24 applications or other pre-trial proceedings which could entail the discussion or
25 disclosure of Confidential Information be heard by the Court outside the presence of
26
the jury, unless having heard from counsel, the Court orders otherwise.
27
9.
Nothing herein shall prejudice any party's rights to object to the
28
4

1 introduction of any Confidential Information into evidence, on grounds including
2

but not limited to relevance and privilege.

3
4

10.

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

5
6
7

DATED: April 10, 2017

____________________________________
HONORABLE ROZELLA A. OLIVER
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5