Norvell Fobi v. County of Los Angeles et al

Filing 20

ORDER RE STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL MATERIALS by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 19 . (See Order for Further Details). NOTE CHANGES MADE BY THE COURT. (kl)

Case ~ x:16-cv-09263-GW-MGR Document 19-1 Filed 04/26/17 rage 1 of 9 Page ID #:90

M ANDATORY
HAMBERS COPX
C

1
2
3
4

5
6
7
8

PAUL B. BEACH, State Bar No. 166265
pbeach lbaclaw.com
llENN~ M. GONZALES,Bar No. 59414
dgonzales(~lbaclaw.com
RAYMONT~ W. SAKAI, State Bar No. 193507
rsakai lbaclaw.com
CA
N M. AGUADO,State Bar No. 291941
caguado~lbaclaw.com
,err
LAWRE CE BEACH ALLEN & CHOI,PC ~~~ :~. ""j~°-~ ~r'n~ v r~~,~ ~~~ i
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Telephone No. 818)545-1925
Facsimile No. 18) 545-1937
(
Attorneys for Defendant County of Los Angeles
And Deputy Brad Witkosky

~tvT ~ ;~ ~ ~~ ~ ~ ~ - ,,;,- ,f
'
~ ~ `~ ~ `"'` =`' ~ ~-~ ~ ~~ w ~~"

9

l0

UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

12

NORVELL FUBI, an individual
Plaintiff,

13
14

Lase No. 2:16 CV 9263 UW (AUI~)
Magistrate Judge Alicia G. Rosenberg

vs.

16

COUNTY OF LOS ANGELES;
DEPUTY BRAD WITKOSKY,an
individual, and DOES 1-10, inclusive,

17

Defendants.

15

l ORDER RE
TIPULATION FOR PROTECTIVE
ORDER RE CONFIDENTIAL
MATERIALS
[
Stipulation or Protective OYder re
Confidentaa MateYialsfiled
concuYrently herewith)

18
19
2
0

Having reviewed and considered the Parties' Stipulation for Protective

21

Order Re: Confidential Materials, good cause showing therein, IT IS SO

22

ORDERED:

23

1.

Plaintiff Plaintiff is Norvell Fobi (hereinafter "Plaintiff').

24

2
.

Defendants. Defendants are County of Los Angeles and Deputy

25

Brad Witkosky (hereinafter "Defendants")(Plaintiff and Defendants are

26

collectively referred to hereinafter as "the Parties").

27
28

3.

Disclosing Party Disclosing Party shall refer to Defendant County

of Los Angeles.
1
FOBI//[Proposed] Ordcr re Stipulation for Protective Order

Case ~:16-cv-09263-GW-„GR Document 19-1 Filed 04/26/17 gage 2 of 9 Page ID #:91

1

4.

Receivin~Part~ The Receiving Party is Plaintiff and his agents as

2 set forth in Paragraph Nos. 17 and 18 of this Protective Order.
3

5.

Case Summary. This case arises from Plaintiff's allegation that his

4 rights were violated by Defendants arising from adeputy-involved-shooting on
5

March 5, 2016.

6

6.

Good Cause Statement and Confidential Materials. Defendants

7

anticipate that during discovery in this action they will exchange documents,

8

items, or materials and other information that contain sensitive and confidential

9 information that derives actual or potential value from not being generally known
l0 to the public and are the subject of reasonable efforts to maintain their
11

confidentiality. Defendants believe, in good faith, that these documents and/or

12

writings are protected by the Official Information Privilege, the right to privacy

13

guaranteed in the Federal Constitution, the First Amendment and California

14

Constitution, Article I, Section I, and various California Government, Penal, and

15

Evidence Code sections, and thus protected from disclosure. This will be

16

accomplished by affixing to such document or writing a legend, such as

17 "CONFIDENTIAL" or "CONFIDENTIAL —SUBJECT TO PROTECTIVE
18

ORDER" or words of similar effect. Documents and writings so designated,

19

hereinafter, collectively "Confidential Information", shall be treated in

20

accordance with the terms of this stipulation/protective order. Documents,

21

writings and things to be designated as such, include the following:
a)

22

Any material relating to or regarding the personnel files and/or

23

records of any employee or former employee of the Los Angeles County Sheriff's

24

Department("LASD");
b)

25
26

Any material relating to any personnel investigations

conducted by the LASD or other law enforcement agency regarding any member

27 or former member of the LASD;
28

///

2
FOBU/[Proposed] Order re Stipulation for Protective Order

Case ~:16-cv-09263-GW-~~R Document 19-1 Filed 04/26/17 rage 3 of 9 Page ID #:92

1

c)

Any material relating to incidents involving Plaintiff

2 containing sensitive and private information regarding third parties;
3

d)

Any material relating to or regarding the documents within the

4 LASD,Detective Division, Homicide Bureau's File No.: 016-01989-0378-055;
5

and

6

e)

Any material relating to or regarding investigations by the

7 LASD,Internal Affairs Bureau, relating to or regarding incidents involving
8

Plaintiff.

9

7.

Interests In Favor OfProtective Order. This Order is necessary to

10

expedite discovery, while maintaining confidential and private information of

11

Defendants and third parties, and Defendants believe it is necessary to protect

12

parties or persons from annoyance, embarrassment, oppression, or undue burden

13

or expense. Further, Defendants contend disclosure of such information without a

14

protective order may compromise the safety of Defendants and third parties.

15

8.

Stipulation. The Parties are entering into this Stipulation for

16 Protective Order to protect against any improper disclosure or risk of
17

circumvention of law that might result from disclosure of sensitive and

18

confidential information as described in this Order. To informally resolve this

19

discovery matter, the Parties have agreed to this Stipulation for Protective Order

2 that carefully limits the use and dissemination of the Confidential Information.
0
21

9.

Confidential Information. This Protective Order shall apply to all

22

Confidential Information produced by Disclosing Party to the Receiving Party.

23

The Confidential Information maybe contained in originals and copies of

24 relevant interrogatory responses obtained from Disclosing Party in this matter;
25

originals and copies of relevant documents responsive to requests for production

26

of documents obtained from the Disclosing Party in this matter; and originals and

27 copies of transcripts, video recordings, and audio recordings of any deposition
28

taken in this matter during which the Confidential Information is used,
3
FOBU/[Proposed] Order re Stipulation for Protective Order

Case ~:16-cv-09263-GW-„~R Document 19-1 Filed 04/26/17 gage 4 of 9 Page ID #:93

1

mentioned, reviewed, discussed, and/or referred to. The Confidential Information

2

shall be subject to this Protective Order as follows:

3

10.

Storage Of Confidential Information. Immediately upon production

4

by the Disclosing Party, attorneys for the Receiving Party shall personally secure

5

and maintain the Confidential Information in their possession. The Confidential

6 Information shall not, under any circumstances, be left in an open or unsecured
7 location where unauthorized persons (such as unauthorized employees of counsel,
8
9
to

cleaning personnel, etc.) might have access to them.
11.

Confidential Information Lem All documents containing

Confidential Information shall be stamped "CONFIDENTIAL" or

11 "CONFIDENTIAL —SUBJECT TO PROTECTIVE ORDER" or words of similar
12
13

effect. Such stamp shall not obscure the document.
12.

Limitation Of Use Of Confidential Information. Attorneys for the

14

Receiving Party shall not cause or knowingly permit disclosure of the contents of

15

the Confidential Information, in any manner, including orally, beyond the

16

disclosure permitted under the terms and conditions of this Order. Any such

17

disclosure shall be construed as a violation of this Order, except when used for

18

purposes of this litigation as described in Paragraph Nos. 15 and 16 of this

19 Protective Order.
2
0
21

13.

Testimony Re~a

~ The Confidential Information. In the case of

depositions, any party may designate all or any portion of the deposition

22 testimony given in this litigation as Confidential Information orally during the
23

deposition. Any questions intended to elicit testimony regarding the contents of

24 the Confidential Information shall be conducted only in the presence of persons
25

authorized to review the Confidential Information as provided in this Order. The

26

Parties may be present for any such testimony. Any deposition transcript

27 containing such questions and testimony shall be subject to the same protections
28

and precautions applicable to the Confidential Information.
4
FOBU/[Proposed] Order rc Stipulation for Protective Order

Case :16-cv-09263-GW-~~R Document 19-1 Filed 04/26/17 ;age 5 of 9 Page ID #:94

1

14.

Inadvertent Disclosure. If the Disclosing Party inadvertently

2 produces any Confidential Information without designating it as such, it maybe
3 remedied by(1) promptly notifying the other parties of the error; and (2)
4 providing a substitute copy of the Confidential Information with a proper legend.
5 In that event, the Receiving Party who has obtained inadvertently produced
6

undesignated Confidential Information will:(1)return the previously produced

7

Confidential Information and destroy all copies thereof; and(2)if the Receiving

8 Party has already disseminated the Confidential Information to any person, the
9

Receiving Party will notify all such persons the information was disseminated to

10 the Confidential Information in writing of the need to return such Confidential
11

Information and not to further disseminate it. This provision applies to any and

12 all Confidential Information produced to the Receiving Party.
13

15.

Limitations On The Non-Litigation Use Of Confidential

14 Information. The confidentiality ofthe Confidential Information received from
15

Defendants during discovery in this action shall be maintained, and all

16

Confidential Information exchanged will be used solely for the litigation of this

17 action entitled. Specifically, the Receiving Party may not use such documents,
18

records, or other information (or the contents thereof for any other purpose,

19 including use as background material, or for inclusion in books, magazines,
20 newspapers, or other publications. The Receiving Party is prohibited from
21

placing any of the Confidential Information on the Internet.
16.

22
23

Court Filings. If necessary in the judgment of attorneys for

Receiving Party, said attorneys may show or reveal the contents of the

24 Confidential Information to the court only pursuant to Local Rule 79-5 or Ninth
25
26
~
~d~'

27

28

Circuit Rule 27-13. Receiving Party will inform the Court and Parties of an
1►~~r rte'
Confidential Information it intends to resent durin trial ~ ~~'
~~

u

a~- -hr~i'a,L

Ll be

pu, I~'c a~jse.►~a

a,r-a+e C~~- o-r

.Receiving Party's presentation of Confidential Information during
5
FOBU/[Proposed] Order re Stipulation for Protective Order

Case ~':16-cv-09263-GW-~,GR Document 19-1 Filed 04/26/17 rage 6 of 9 Page ID #:95

1 1 trial will not require compliance with the written consent as set forth in Paragraph
2 No. 18 below.
3

17.

Other Persons Authorized To Review Confidential Information. The

4 Receiving Party's attorneys of record may be permitted to see originals and
5 ' obtain copies of the Confidential Information covered by this Order. Also,
6 Defendants, including officers, directors, employees, and experts thereof maybe
7 permitted to review the Confidential Information. Additionally, paralegals,
8 secretaries, expert witnesses, and other individuals and entities that maybe
9 employed or retained by the Receiving Party to assist in the preparation and/or the
10 litigation of this action may be permitted to see originals and obtain copies of the
11

Confidential Information covered by this Order, provided such experts and

12 i employees have first executed the written statement set forth in Paragraph No. 18
13 ~' below, and comply with the provisions of that section. The Parties' attorneys
14 I~ may review the Confidential Information with the Parties they represent.
15
16

18.

Applicability Of Order To Other Persons. Prior to the disclosure of

any Confidential Information to any person described above, attorneys for the

17 Receiving Party who seeks to use or disclose such Confidential Information shall
18 f provide any such person with a copy of this Order, and shall cause him or her
irst
19 I to execute the following acknowledgment:
20 '

"
I

21 I~

that I am fully familiar with the terms of the Stipulated

22

Protective Order entered in this action and hereby agree to

23

comply with and be bound by the terms and conditions of the

24

said Order with respect to the handling, use and disclosure of

25 ~I

each Confidential Document. I understand that I may be

26

subject to penalties for contempt of Court if I violate this Order

27 ~

and hereby consent to the jurisdiction of said Court for

Zs I~

purposes of enforcing this Order.

FOBU/[Proposed] Order re Stipulation for Protective Order

do solemnly swear

Case ~ x:16-cv-09263-GW-~~R Document 19-1 Filed 04/26/17 rage 7 of 9 Page ID #:96

Dated:

1
2

/s/

This written requirement applies to, but is not limited to, expert witnesses and

3 ~ other individuals and entities that may be employed or retained by the Receiving
4 ~ Party's counsel to assist in the preparation andlor the litigation of this action. The
5

Receiving Party shall be responsible for maintaining the signed original of each

6

such written statement until the conclusion of these proceedings, including any

7

appeal. Counsel for Receiving Party shall insure that their office staff, including,

8

but not limited to, paralegals and secretaries, shall be made aware of their

9

obligations under this protective order.
19.

10

No waiver of objections. Nothing in this Stipulation and Order

11

constitutes any decision by the Court concerning discovery disputes or the

12

admission into evidence of any specific document or testimony or liability for

13

payment of any costs of production or reproduction of documents. This Order

14

also does not constitute a waiver by any party of any right to object to discovery

15

or admission into evidence of any document, record, testimony or other

16

information that is subject to this Order. Nor do Defendants waive any privileges,

17

including, but not limited to, the investigatory files or official information

18

privileges by entering into this order. See e.g., Weiner v. FBI,943 F.2d 972, 985

9th Cir. 1991); Miller v. Pancucci, 141 F.R.D. 292(C.D. Cal. 1992).
19 (
20.

2
0

Subpoena for Confidential Information. In the event that the

21

Receiving Party receives a subpoena, discovery request, or other legal process

22

seeking production of Confidential Information, the Receiving Party must give

23

prompt written notice to the Disclosing Party. The Receiving Party shall inform

2
4

the person or entity seeking the information of the existence of this Stipulation

25

and Order and shall not produce the Confidential Information absent a Court

2
6

Order requiring such production.

27

/
//

28

/
//

7
FOBU/[Proposed] Order re Stipulation for Protective Order

Case :16-cv-09263-GW-,.uR Document 19-1 Filed 04/26/17 rage 8 of 9 Page ID #:97

1

21.

Modification. For good cause, any party may seek a modification of

2 this Order, first by attempting to obtain the consent of the other parties to such
3
4

modification, and then, absent consent, by application to this Court.
22.

Return of Confidential Information. No more than thirty(30)

5

calendar days after the conclusion of this case the Receiving Party and every

6

other person and/or entity~who received originals or copies of the Confidential

7 Information shall return all originals, copies of the Confidential Information, and
8

material derived therefrom, including, but not limited to, all logs) of persons

9

authorized to review the protected documents and the written statements)

10

acknowledging the terms and provisions of this Order pursuant to Paragraph

11

No. 18 of this Order, to the Disclosing Party care o£

12
13
14
15

Paul B. Beach, Esq.
Lawrence Beach Allen &Choi,PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219

~,~,
,~~~

Alternatively, the Receiving Party and every other person and/or entity~who

~
~ 16

received originals or copies of the Confidential Information may destroy all such

17

material and material derived therefrom within thirty (30) calendar days after the

18

conclusion of this case. Additionally, within thirty(30) calendar days after the

19

conclusion of this case, counsel for the Receiving Party shall send a signed

20

declaration stating that such material has been destroyed pursuant to this

21

Protective Order.

22

This case has concluded when (i) a final judgment has been entered by the

23

Court or the case has otherwise been dismissed with prejudice; (ii) the time for

24

any objection to or request for reconsideration of such a judgment or dismissal

25

has expired; (iii) all available appeals have concluded or the time for such appeals

26

has expired;(iv) any post appeal proceedings have themselves concluded; and (v)

27

after payment of monies due, if any, to Plaintiff andlor his attorneys, whether via

28 judgment, settlement or otherwise. The Parties understand that they have no
8
FOBU/[Proposed] Order re Stipulation for Protective Order

Case ~:16-cv-09263-GW-~~R Document 19-1 Filed 04/26/17 rage 9 of 9 Page ID #:98

1

control over documents in possession of the District Court and Courts of Appeal.

2 The Receiving Party has no obligation to obtain any such Confidential
3

Information that was filed with the court, or part of the trial of this matter, other

4 than filing documents in compliance with Paragraph No. 16 or Confidential
5
6

Information returned by the Courts(s).
23.

Survivability Of This Protective Order. This Stipulation and

7 Protective Order shall survive the termination of this action

r~~-

8

9

IT IS SO ORDERED.
~~ ~

10

11

Dated:

Ilo 2011

12

~L,C,~,LcA
Magistrate Jud e Alicia G. Ros berg
Unified States Magistrate Judge

13
14
15
16
17
18
19
2
0
21
22
23
24
25
26
27
28

9
FOBU/[Proposed] Order rc Stipulation for Protective Order

I