Shainie Lindsey et al v. City of Pasadena et al

Filing 109


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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 SHAINIE LINDSEY, et al., Plaintiffs, 12 13 14 v. CITY OF PASADENA, et al., 15 16 17 Defendants. 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE No. 2:16-cv-08602 SJO (RAOx) PROTECTIVE ORDER RE HOMICIDE BOOK COMPILED BY THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, HOMICIDE BUREAU MAGISTRATE JUDGE ROZELLA A. OLIVER 20 21 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 22 The Los Angeles County Sheriff’s Department (“LASD”) is producing, 23 pursuant to a subpoena duces tecum, documents deemed confidential by LASD, under 24 Federal and California State Law. These documents are compiled in an LASD’s 25 “Homicide Book.” Such documents shall hereinafter be referred to as “Confidential 26 Information.” 27 28 -1PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 The Court orders that the following terms and conditions of this Protective Order shall govern the use and disclosure of Confidential Information and information derived therefrom until further order of the Court. 1. The investigation of the death of Reginald Thomas on September 30, 2016 by the Los Angeles County Sheriff’s Department - Homicide Bureau, is subject to the terms of this protective order. The investigation contained in the “Homicide Book” is part of an ongoing criminal investigation that is confidential official information. The disclosure of the documents in the Homicide Book pursuant to Rule 26 discovery rules are to be designated as “CONFIDENTIAL INFORMATION.” Such designation shall be made by stamping or otherwise marking the documents prior to production or use in this litigation as follows: “CONFIDENTIAL MATERIAL SUBJECT 13 TO PROTECTIVE ORDER” 14 2. The labeled “CONFIDENTIAL INFORMATION” shall be used solely in 15 connection with the preparation and trial of the within, Case No. 2:16-cv-08602 SJO 16 (RAOx) or any related appellate proceeding, and not for any other purpose, including 17 any other litigation. 18 3. Material designated as confidential under this Order, the information 19 contained therein, and any summaries, copies, abstracts, or other documents derived in 20 whole or in part from material designated as confidential shall be used only for the 21 purpose of the prosecution, defense or settlement of this action, and for no other 22 purpose. 23 4. CONFIDENTIAL INFORMATION may not be disclosed, except as 24 provided in paragraphs 5, 6 and 7. 25 5. CONFIDENTIAL INFORMATION may be disclosed only to the 26 following persons: 27 (a) Counsel for any party and any party to this litigation; 28 -2PROTECTIVE ORDER 1 (b) 2 Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in (a). 3 (c) 4 Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for 5 the trial of this action; 6 (d) 7 Any outside expert or consultant retained in connection with this action, and not otherwise employed by either party; and 8 (e) 9 Any “in-house” expert designated by either party to testify at trial in this matter. 10 Nothing in this order prevents a witness from disclosing events or activities 11 personal to him or her, that is, a witness can disclose to others information previously 12 given to the LASD with respect to what he or she saw, heard or otherwise sensed and 13 that information shall not be deemed “CONFIDENTIAL INFORMATION.” 14 Nothing in this Order shall preclude any party from allowing witnesses to read or 15 listen to a copy of their own recorded interviews or from being shown photographs of 16 the scene. 17 photographs. 18 6. Said witnesses shall not be provided a copy of said interview or Each person to whom disclosure is made, with the exception of counsel, 19 and the parties, who are presumed to know the contents of this protective order, and 20 court personnel, shall prior to the time of disclosure, be provided by the person 21 furnishing him/her such material a copy of this order, and shall execute a 22 nondisclosure agreement in the form of Attachment A, a copy of which shall be 23 provided forthwith to counsel for each other party. Such person also must consent to 24 be subject to the jurisdiction of this United States District Court with respect to any 25 proceeding relating to enforcement of this order, including without limitation, any 26 proceeding for contempt. 27 28 7. Until such time as Plaintiffs obtain a reclassification of the “CONFIDENTIAL INFORMATION,” either by written agreement with LASD or by -3PROTECTIVE ORDER 1 2 3 4 5 6 7 judicial determination after an in-camera review, testimony taken at a deposition may be designated as confidential by making a statement to that effect on the record at the deposition. transcribing such deposition to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately. 8. 8 9 10 11 12 13 14 Arrangements shall be made with the court reporter taking and If CONFIDENTIAL INFORMATION, including any portion of a deposition transcript, is included in any papers to be filed with the Court prior to either joint resolution by the parties or prior to an in-camera review as stated above, such papers shall be accompanied by an application which comports with Local Rule 79-5.1 and seeks to (a) file the confidential portions thereof under seal (if such portions are segregable), or (b) file the papers in their entirety under seal (if the confidential portions are not segregable). The Application shall be directed to the judge to whom the papers are directed. Pending the ruling on the application, the 15 papers or portions thereof subject to the sealing application shall be lodged under seal 16 in accordance with Local Rule 79-5.1. 17 9. At the conclusion of the trial and of any appeal or upon termination of 18 this litigation, all CONFIDENTIAL INFORMATION received under the provisions 19 of this order (including any copies made and/or any computer materials made or 20 stored) shall be tendered back to the LASD’s counsel within 30 days or destroyed by 21 the parties’ counsel, after approval by LASD. Provisions of this order in so far as they 22 restrict disclosure and use of the material shall be in effect until further order of this 23 Court. 24 25 10. The foregoing is without prejudice to the right of any party: (a) To apply to the Court for a further protective order relating to 26 CONFIDENTIAL INFORMATION or relating to discovery in 27 this litigation; 28 -4PROTECTIVE ORDER 1 (b) 2 (c) 5 Court for an INFORMATION order removing designation from the any To apply to the Court for an order compelling production of permitting disclosure of CONFIDENTIAL INFORMATION 7 11 the documents or modification of this order or for any order 6 10 to documents; and 4 9 apply CONFIDENTIAL 3 8 To beyond the terms of this order. 11. LASD contends that GOOD CAUSE exists for designating these materials as privileged and confidential because they are part of an ongoing criminal investigation and constitute official information. 12. CONFIDENTIAL INFORMATION produced in connection with the 12 Court Order shall not be disclosed, disseminated, or in any manner provided to the 13 media or any member of the public, unless the Court has ruled that the information 14 may be divulged to the media and the public. 15 13. In the event that any CONFIDENTIAL INFORMATION is used or 16 referred to during the course of any court proceeding in this action, such information 17 shall not lose its confidential status through such use. 18 14. Counsel, in the above-referenced matter, and those individuals authorized 19 to review the information in connection with this civil matter are expressly prohibited 20 from duplicating, copying or otherwise distributing, disseminating, or orally 21 disclosing any of the disclosed CONFIDENTIAL INFORMATION to any person or 22 entity for any purpose. 23 24 25 15. Counsel for each party shall take reasonable precautions to prevent the unauthorized or inadvertent disclosure of CONFIDENTIAL INFORMATION. 16. In the event that the terms of this Protective Order are violated, the 26 parties agree that the aggrieved party may immediately apply to this Court to obtain 27 injunctive relief and monetary sanctions against any person violating or threatening to 28 violate any of the terms of this Protective Order. This Court shall retain jurisdiction -5PROTECTIVE ORDER 1 2 3 4 5 6 7 8 over the parties for the purpose of enforcing this Protective Order, and the Court shall have the power to modify this Protective Order at any time and to impose whatever penalties it deems appropriate for the violation of this Protective Order, including but not limited to monetary sanctions, judicial sanctions, issue preclusion, and contempt. Any such request for injunctive relief and/or monetary sanctions must be made by a properly noticed motion and pursuant to statute and after contacting the alleged grieving party and holding a conference in an effort to resolve the dispute. 17. This Protective Order, and the obligations of all persons thereunder, 9 including those relating to the disclosure and use of CONFIDENTIAL 10 INFORMATION, shall survive the final termination of this case, whether such 11 termination is by settlement, judgment, dismissal, appeal or otherwise, until further 12 order of the Court. 13 18. Upon termination of the instant case, counsel shall return any and all 14 CONFIDENTIAL INFORMATION or information designated as confidential, 15 including portions of deposition transcripts which may contain documents designated 16 confidential, to the LASD’s attorney of record for this matter, within thirty (30) days 17 following termination of this matter. 18 19. Production of all CONFIDENTIAL INFORMATION ordered disclosed 19 by this Court shall take place within ten (10) days of the Court executing and entering 20 this Order. 21 22 IT IS SO ORDERED. 23 DATED: November 30, 2017 24 25 BY: ___________________________ ROZELLA A. OLIVER UNITED STATES MAGISTRATE JUDGE 26 27 28 -6PROTECTIVE ORDER 1 ATTACHMENT A 2 3 4 5 6 7 8 9 NON DISCLOSURE AGREEMENT I, _____________________________, do solemnly swear that I am fully familiar with the terms of the Protective Order Concerning Confidential Information entered in SHAINIE LINDSEY, ET AL. V. CITY OF PASADENA, ET AL., Case No. 2:16-CV-08602 SJO (RAOX), and hereby agree to comply with and be bound by the terms and conditions of said Order unless modified by further Order of the Court. I hereby consent to the jurisdiction of the Court for purpose of enforcing this nondisclosure agreement. 10 11 12 DATED: _________________________________________ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7PROTECTIVE ORDER

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