The Estate of Kenney Watkins et al v. City of Los Angeles et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm: GRANTED. (SEE DOCUMENT FOR FURTHER DETAILS) 22 (klg)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THE ESTATE OF KENNEY
10 WATKINS, PRESCIOUS SASSER,
individually, as successor in interest
11 to KENNY WATKINS
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Plaintiffs
vs.

Case No.: CV17-00485 JFW (FFMx)

[PROPOSED]
PROTECTIVE ORDER

14 CITY OF LOS ANGELES, LOS
ANGELES POLICE
15 DEPARTMENT, EVAN URIAS, and
DOES 1
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Defendants.

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Whereas plaintiffs have propounded a request for production of documents
upon defendants pertaining to official and confidential information, contained in
documents maintained by the Los Angeles Police Department, and whereas the

23 parties having met and conferred with each other and the Court, and stipulated to
24 certain terms and conditions, the Court hereby orders as follows:
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1.

Defendants may designate as confidential any document or

26 writing that they, in good faith, believe contains information of a privileged,
27 confidential, private or sensitive nature, by affixing to such document or writing a
28 legend, such as “Confidential.” “Confidential Documents,” “Confidential Material,”

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1 “Subject to Protective Order” or words of similar effect. Documents and writings so
2 designated, and all information derived therefrom (hereinafter, collectively referred
3 to as “Confidential Information”), shall be treated in accordance with the terms of
4 this order.
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2.

If Plaintiff’s counsel believes that any document, writing or

6 information that has been designated by Defendants as Confidential (or an
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equivalent designation) does not warrant that designation Plaintiff's counsel will
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advise Defendants’ counsel. The parties will attempt in good faith to resolve the
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question of whether the designation is warranted. If the parties are unable to resolve
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the matter informally, the disagreement will be resolved by the Magistrate Judge (or
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District Judge, if appropriate). Notwithstanding Plaintiff's counsel belief that a
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document, writing or information that has been designated by Defendants as
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Confidential (or an equivalent designation) does not warrant that designation,
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Plaintiff's counsel will continue to treat it as such in accordance with the terms of
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this Protective Order unless and until the parties agree otherwise or the Court so
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17 determines.
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3.

Confidential Information may be used by the persons receiving

19 such information only for the purpose of this litigation.
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Subject to the further conditions imposed by this stipulation,
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21 Confidential Information may be disclosed only to the following persons:
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(a)

Counsel for the parties, parties, and to experts, investigators,

23 paralegal assistants, office clerks, secretaries and other such personnel working
24 under their supervision;
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(b)

The Court and its personnel; and

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(c)

Such other parties as may be agreed by written stipulation among

27 the parties hereto.
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5.

Prior to the disclosure of any Confidential Information to any

2 person described in paragraph 4(a) or 4(c), counsel for the party that has received
3 and seeks to use or disclose such Confidential Information shall first provide any
4 such person with a copy of this stipulation, and shall cause him or her to execute, on
5 a second copy which counsel shall thereafter serve on the other party the following
6 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/________________________”
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6.
Upon the final termination of this litigation, including any appeal
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pertaining thereto, all Confidential Information and all copies thereof shall be
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returned to the Defendant City of Los Angeles through the City Attorney’s Office.
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17 All Confidential Information disclosed to any person or party pursuant to any
18 provision hereof also shall be returned to the Defendants.
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7.

If any party who receives Confidential Information receives a subpoena

20 or other request seeking Confidential Information, he, she or it shall immediately
21 give written notice to the Defendants’ counsel, identifying the Confidential
22 Information sought and the time in which production or other disclosure is required,
23 and shall object to the request or subpoena on the grounds of this stipulation so as to
24 afford the Defendants an opportunity to obtain an order barring production or other
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disclosure, or to otherwise respond to the subpoena or other request for production
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or disclosure of Confidential Material. Other than objecting on the grounds of this
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stipulation, no party shall be obligated to seek an order barring production of
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Confidential Information, which obligation shall be borne by the Defendants. If the
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Defendants, or any of them, timely seek a protective order, the party served with the
subpoena or court order shall not produce any information designated in this action
as “CONFIDENTIAL” before a determination by the court from which the subpoena
or order issued, unless the party has obtained the objecting party’s permission. The
objecting Defendant(s) shall bear the burden and expense of seeking protection in
that court of the confidential material and nothing in these provisions should be
construed as authorizing or encouraging a party in this Action to disobey a lawful
directive from another court.
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Any pleadings, motions, briefs, declarations, stipulations,
exhibits or other written submissions to the Court in this litigation which contain,
reflect, incorporate or refer to Confidential Information shall be submitted to the
Court with an application for an order sealing the submission pursuant to Local Rule
79.
9.

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Counsel for the parties hereto agree that any motions,

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

18 potential jurors, unless having heard from counsel, the Court orders otherwise. Any
19 use of Confidential Information at trial shall be governed by the orders of the trial
20 judge. This Order does not govern the use of Confidential Information at trial.
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10.

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

2 introduction of any Confidential Information into evidence, on grounds including but
3 not limited to relevance and privilege.
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11.

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

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ORDER
GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED.

9 DATED: July 21, 2017
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/S/ FREDERICK F. MUMM
FREDERICK F. MUMM
UNITED STATES MAGISTRATE JUDGE

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