A. G. et al v. County of Los Angeles et al

Filing 18

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich: GRANTED 17 (SEE DOCUMENT FOR FURTHER DETAILS) (klg)

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PAUL B. BEACH, State Bar No. 166265
DENNIS M. GONZALES, State Bar No. 59414
RAYMOND W. SAKAI, State Bar No. 193507
[e-mail]
ARNOLD LEE, State Bar No. 278610
[e-mail]
LAWRENCE BEACH ALLEN & CHOI, PC
100 West Broadway, Suite 1200
Glendale, California 91210-1219
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Defendants
COUNTY OF LOS ANGELES and LUKE LIU

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MINOR AG, individually, and as
successor in interest to decedent
FRANCISCO GARCIA, by and
Through her Guardian Ad Litem,
LAREN TURNER; ESTATE OF
FRANCISCO GARCIA; MERARDO
GARCIA MEDINA; MARIA LUZ
RUIZ,
Plaintiff,

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vs.
COUNTY OF LOS ANGELES,
LUKE LIU, and DOES 2-10,
inclusive,
Defendants.

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Case No. 2:17-CV-00753-GW-AJW
Honorable Andrew J. Wistrich
[PROPOSED] ORDER GRANTING
STIPULATION FOR PROTECTIVE
ORDER RE CONFIDENTIAL
MATERIALS

Action Filed: January 30, 2017

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Having reviewed and considered the Parties’ Stipulation for Protective

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Order Governing Confidential Materials, good cause showing therein, IT IS SO

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ORDERED:

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Plaintiffs. Plaintiffs are A.G., a minor, individually and as Successor

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in Interest to FRANCISCO GARCIA, deceased, by and through her Guardian Ad

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Litem, LAREN TURNER, Estate of FRANCISCO GARCIA, MERARDO

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GARCIA MEDINA, and MARIA LUZ RUIZ (hereinafter “Plaintiffs”).
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2.

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Defendants. Defendants are County of Los Angeles and Luke Liu

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(hereinafter “Defendants”) (Plaintiffs and Defendants are collectively referred to

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hereinafter as “the Parties”).

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3.

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of Los Angeles.

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4.

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Disclosing Party. Disclosing Party shall refer to Defendant County
Receiving Party. The Receiving Party are Plaintiffs and their agents

as set forth in Paragraph Nos. 17 and 18 of this Protective Order.
5.

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Good Cause Statement and Confidential Materials. Defendants

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anticipate that during discovery in this action they will produce documents, items,

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or materials and other information that Defendants contend contain sensitive and

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confidential information that derives actual or potential value from not being

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generally known to the public and are the subject of reasonable efforts to maintain

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their confidentiality. Defendants contend that these documents and/or writings

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

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guaranteed in the Federal Constitution, the First Amendment and California

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

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

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

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“CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO PROTECTIVE

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

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hereinafter, collectively “Confidential Information”, shall be treated in

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

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

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

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

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Department (“LASD”);

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b)

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Any material relating to any personnel investigations

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

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or former member of the LASD;
c)

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Decedent containing sensitive and private information regarding third parties;
d)

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Investigations by the Los Angeles Sheriff’s Department

Homicide Bureau relating or regarding File No.: 016-00885-2310-013 and
e)

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Any material relating to incidents involving Plaintiffs or

Investigations by the Los Angeles Sheriff’s Department

Internal Affairs Bureau relating to or regarding incidents involving Plaintiffs or
Decedent.
6.

Interests In Favor Of Protective Order. This Order is necessary to

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expedite discovery, while maintaining confidential and private information of

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

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

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

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

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Stipulation. The Parties are entering into this Stipulation for

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Protective Order to protect against improper disclosure or risk of circumvention

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of law that might result from any party disclosing sensitive and confidential

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

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

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carefully limits the use and dissemination of the Confidential Information.

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Confidential Information. This Protective Order shall apply to all

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Confidential Information produced by Disclosing Party to the Receiving Party.

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The Confidential Information may be contained in originals and copies of

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relevant interrogatory responses obtained from Disclosing Party in this matter;

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originals and copies of relevant documents responsive to requests for production

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of documents obtained from the Disclosing Party in this matter; and originals and
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copies of transcripts, video recordings, and audio recordings of any deposition

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taken in this matter during which the Confidential Information is used,

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

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shall be subject to this Protective Order as follows:

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9.

Storage Of Confidential Information. Immediately upon production

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

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and maintain the Confidential Information in their possession. The Confidential

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Information must remain in a location that is protected to prevent unauthorized

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persons such as unauthorized employees of counsel, cleaning personnel, etc. from

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accessing the Confidential Information (e.g. any digital files containing the

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Confidential Information shall be password protected and/or hard copies of files

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shall be stored in file cabinets that only authorized individuals can access).

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Alternately stated, the Confidential Information shall not, under any

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circumstances, be left in an open or unsecured location.

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Confidential Information Legend. All documents containing

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Confidential Information shall be stamped “CONFIDENTIAL” or

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or words of similar

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effect. Such stamps shall not obscure any portion of the document.

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Challenging Confidentiality Designations:
i.

Timing of Challenges: Any Party or Non-Party may challenge

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a designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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ii.

Meet and Confer: The Challenging Party – a party or non-

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party that challenges the designation of information or items under this Order –

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shall initiate the dispute resolution process under Local Rule 37.1 et seq. Unless

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the Disclosing Party has waived or withdrawn the confidentiality designation, all

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parties shall continue to afford the material in question the level of protection to

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which it is entitled under the Disclosing Party’s designation until the Court rules
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on the challenge.
iii.

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Judicial Intervention: In the event that the Parties cannot

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resolve a the dispute, the Parties shall comply with Civil Local Rules 37-2 et seq.,

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37-3, and 37-4 to seek judicial intervention.

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12.

Limitation Of Use Of Confidential Information. Attorneys for the

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

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

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

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

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

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Protective Order.

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13.

Testimony Regarding The Confidential Information. In the case of

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

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testimony given in this litigation as Confidential Information orally during the

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

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

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

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

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

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and precautions applicable to the Confidential Information.

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14.

Inadvertent Disclosure. If the Disclosing Party inadvertently

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produces any Confidential Information without designating it as such, it may be

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remedied by (1) promptly notifying the other parties of the error; and (2)

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providing a substitute copy of the Confidential Information with a proper legend.

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In that event, the Receiving Party who has obtained inadvertently produced

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

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

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Party has already disseminated the Confidential Information to any person, the
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Receiving Party will notify all such persons the information was disseminated to

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

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

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all Confidential Information produced to the Receiving Party.

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15.

Limitations On The Non-Litigation Use Of Confidential

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Information. The confidentiality of the Confidential Information received from

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

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

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

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

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including use as background material, or for inclusion in books, magazines,

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newspapers, or other publications. The Receiving Party is prohibited from

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placing any of the Confidential Information on the Internet.

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16.

Court Filings. If necessary in the judgment of attorneys for the

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

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Confidential Information to the court only pursuant to Local Rule 79-5 or Ninth

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Circuit Rule 27-13. The Receiving Party will inform the Court and Parties of any

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Confidential Information it intends to present during trial so appropriate measure

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may be considered by the Court that may be necessary to protect the Confidential

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Information. The Receiving Party’s presentation of Confidential Information

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during trial will not require compliance with the written consent as set forth in

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Paragraph No. 18 below, and comply with the provisions of that section.

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17.

Other Persons Authorized To Review Confidential Information. The

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Receiving Party’s attorneys of record may be permitted to see originals and

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obtain copies of the Confidential Information covered by this Order. Also,

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Defendants, including officers, directors, employees, and experts thereof may be

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permitted to review the Confidential Information. Additionally, paralegals,

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secretaries, expert witnesses, and other individuals and entities that may be
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employed or retained by the Receiving Party to assist in the preparation and/or the

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litigation of this action may be permitted to see originals and obtain copies of the

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Confidential Information covered by this Order, provided such experts and

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employees have first executed the written statement set forth in Paragraph No. 18

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below, and comply with the provisions of that section. The Parties’ attorneys

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may review the Confidential Information with the Parties they represent.

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18.

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

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

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Receiving Party who seeks to use or disclose such Confidential Information shall

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first provide any such person with a copy of this Order, and shall cause him or her

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to execute the following acknowledgment:

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“I, _____________________________, declare under penalty

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of perjury that I am fully familiar with the terms of the

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Stipulated Protective Order entered in this action and hereby

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agree to comply with and be bound by the terms and conditions

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

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disclosure of each Confidential Document. I understand that I

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may be subject to penalties for contempt of Court if I violate

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this Order and hereby consent to the jurisdiction of said Court

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for purposes of enforcing this Order.

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Dated: __________ /s/_____________________________”

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

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other individuals and entities that may be employed or retained by the Receiving

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Party’s counsel to assist in the preparation and/or the litigation of this action. The

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

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

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

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including, but not limited to, paralegals and secretaries, shall be made aware of
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their obligations under this protective order.
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No waiver of objections. Nothing in this Stipulation and Order

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constitutes any decision by the Court concerning discovery disputes or the

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

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

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

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

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

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

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privileges, see, e.g., Weiner v. FBI, 943 F.2d 972, 985 (9th Cir. 1991), or Miller v.

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Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering into this order.

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Subpoena for Confidential Information. In the event that the

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

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seeking production of Confidential Information, the Receiving Party must give

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

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

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

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Order requiring such production.

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

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

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

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

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

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

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Information shall make available for pickup copies of the Confidential

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Information, and material derived therefrom, including, but not limited to, all

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log(s) of persons authorized to review the protected documents and the written

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statement(s) acknowledging the terms and provisions of this Order pursuant to
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Paragraph No. 18 of this Order. Alternatively, the Receiving Party and every

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

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Information shall destroy all such material and material derived therefrom within

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

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case, counsel for the Receiving Party shall send a signed declaration stating that

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such material has been destroyed pursuant to this Protective Order. This case has

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

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otherwise been dismissed with prejudice; (ii) the time for any objection to or

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request for reconsideration of such a judgment or dismissal has expired; (iii) all

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

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any post appeal proceedings have themselves concluded; and (v) after payment of

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monies due, if any, to Plaintiffs and/or their attorneys, whether via judgment,

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settlement or otherwise. The Parties understand that they have no control over

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documents in possession of the District Court and Courts of Appeal. The

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Receiving Party has no obligation to obtain any such Confidential Information

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

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documents in compliance with paragraph 16 or Confidential Information returned

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by the Courts(s).

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Survivability Of This Protective Order. This Stipulation and

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Protective Order shall survive the termination of this action, and the Court shall

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retain jurisdiction to enforce it.

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IT IS SO ORDERED.

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DATED: July 19, 2017

________________________________
Honorable Andrew J. Wistrich
United States Magistrate Judge

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