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

Filing 18


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1 2 3 4 5 6 7 PAUL B. BEACH, State Bar No. 166265 DENNIS M. GONZALES, State Bar No. 59414 RAYMOND W. SAKAI, State Bar No. 193507 rsakai@lbaclaw.com ARNOLD LEE, State Bar No. 278610 alee@lbaclaw.com LAWRENCE BEACH ALLEN & CHOI, PC 100 West Broadway, Suite 1200 Glendale, California 91210-1219 Telephone No. (818) 545-1925 Facsimile No. (818) 545-1937 Attorneys for Defendants COUNTY OF LOS ANGELES and LUKE LIU 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 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, 16 17 18 19 vs. COUNTY OF LOS ANGELES, LUKE LIU, and DOES 2-10, inclusive, Defendants. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 21 22 Having reviewed and considered the Parties’ Stipulation for Protective 23 Order Governing Confidential Materials, good cause showing therein, IT IS SO 24 ORDERED: 25 1. Plaintiffs. Plaintiffs are A.G., a minor, individually and as Successor 26 in Interest to FRANCISCO GARCIA, deceased, by and through her Guardian Ad 27 Litem, LAREN TURNER, Estate of FRANCISCO GARCIA, MERARDO 28 GARCIA MEDINA, and MARIA LUZ RUIZ (hereinafter “Plaintiffs”). 1 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 2. 1 Defendants. Defendants are County of Los Angeles and Luke Liu 2 (hereinafter “Defendants”) (Plaintiffs and Defendants are collectively referred to 3 hereinafter as “the Parties”). 4 3. 5 of Los Angeles. 6 4. 7 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. 8 Good Cause Statement and Confidential Materials. Defendants 9 anticipate that during discovery in this action they will produce documents, items, 10 or materials and other information that Defendants contend contain sensitive and 11 confidential information that derives actual or potential value from not being 12 generally known to the public and are the subject of reasonable efforts to maintain 13 their confidentiality. Defendants contend that these documents and/or writings 14 are protected by the Official Information Privilege, the right to privacy 15 guaranteed in the Federal Constitution, the First Amendment and California 16 Constitution, Article I, Section I, and various California Government, Penal, and 17 Evidence Code sections, and thus protected from disclosure. This will be 18 accomplished by affixing to such document or writing a legend, such as 19 “CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO PROTECTIVE 20 ORDER” or words of similar effect. Documents and writings so designated, 21 hereinafter, collectively “Confidential Information”, shall be treated in 22 accordance with the terms of this stipulation/protective order. Documents, 23 writings, and things to be designated include the following: a) 24 Any material relating to or regarding the personnel files and/or 25 records of any employee or former employee of the Los Angeles County Sheriff’s 26 Department (“LASD”); 27 /// 28 /// 2 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. b) 1 Any material relating to any personnel investigations 2 conducted by the LASD or other law enforcement agency regarding any member 3 or former member of the LASD; c) 4 5 Decedent containing sensitive and private information regarding third parties; d) 6 7 10 11 Investigations by the Los Angeles Sheriff’s Department Homicide Bureau relating or regarding File No.: 016-00885-2310-013 and e) 8 9 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 12 expedite discovery, while maintaining confidential and private information of 13 Defendants and third parties, and Defendants contend it is necessary to protect 14 parties or persons from annoyance, embarrassment, oppression, or undue burden 15 or expense. Further, Defendants contend disclosure of such information without a 16 protective order may compromise the safety of Defendants and third parties. 17 7. Stipulation. The Parties are entering into this Stipulation for 18 Protective Order to protect against improper disclosure or risk of circumvention 19 of law that might result from any party disclosing sensitive and confidential 20 information as described in this Order. To informally resolve this discovery 21 matter, the Parties have agreed to this Stipulation for Protective Order that 22 carefully limits the use and dissemination of the Confidential Information. 23 8. Confidential Information. This Protective Order shall apply to all 24 Confidential Information produced by Disclosing Party to the Receiving Party. 25 The Confidential Information may be contained in originals and copies of 26 relevant interrogatory responses obtained from Disclosing Party in this matter; 27 originals and copies of relevant documents responsive to requests for production 28 of documents obtained from the Disclosing Party in this matter; and originals and 3 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 copies of transcripts, video recordings, and audio recordings of any deposition 2 taken in this matter during which the Confidential Information is used, 3 mentioned, reviewed, discussed, and/or referred to. The Confidential Information 4 shall be subject to this Protective Order as follows: 5 9. Storage Of Confidential Information. Immediately upon production 6 by the Disclosing Party, attorneys for the Receiving Party shall personally secure 7 and maintain the Confidential Information in their possession. The Confidential 8 Information must remain in a location that is protected to prevent unauthorized 9 persons such as unauthorized employees of counsel, cleaning personnel, etc. from 10 accessing the Confidential Information (e.g. any digital files containing the 11 Confidential Information shall be password protected and/or hard copies of files 12 shall be stored in file cabinets that only authorized individuals can access). 13 Alternately stated, the Confidential Information shall not, under any 14 circumstances, be left in an open or unsecured location. 15 10. Confidential Information Legend. All documents containing 16 Confidential Information shall be stamped “CONFIDENTIAL” or 17 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or words of similar 18 effect. Such stamps shall not obscure any portion of the document. 19 20 11. Challenging Confidentiality Designations: i. Timing of Challenges: Any Party or Non-Party may challenge 21 a designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 ii. Meet and Confer: The Challenging Party – a party or non- 24 party that challenges the designation of information or items under this Order – 25 shall initiate the dispute resolution process under Local Rule 37.1 et seq. Unless 26 the Disclosing Party has waived or withdrawn the confidentiality designation, all 27 parties shall continue to afford the material in question the level of protection to 28 which it is entitled under the Disclosing Party’s designation until the Court rules 4 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 on the challenge. iii. 2 Judicial Intervention: In the event that the Parties cannot 3 resolve a the dispute, the Parties shall comply with Civil Local Rules 37-2 et seq., 4 37-3, and 37-4 to seek judicial intervention. 5 12. Limitation Of Use Of Confidential Information. Attorneys for the 6 Receiving Party shall not cause or knowingly permit disclosure of the contents of 7 the Confidential Information, in any manner, including orally, beyond the 8 disclosure permitted under the terms and conditions of this Order. Any such 9 disclosure shall be construed as a violation of this Order, except when used for 10 purposes of this litigation as described in Paragraph Nos. 15 and 16 of this 11 Protective Order. 12 13. Testimony Regarding The Confidential Information. In the case of 13 depositions, any party may designate all or any portion of the deposition 14 testimony given in this litigation as Confidential Information orally during the 15 deposition. Any questions intended to elicit testimony regarding the contents of 16 the Confidential Information shall be conducted only in the presence of persons 17 authorized to review the Confidential Information as provided in this Order. The 18 Parties may be present for any such testimony. Any deposition transcript 19 containing such questions and testimony shall be subject to the same protections 20 and precautions applicable to the Confidential Information. 21 14. Inadvertent Disclosure. If the Disclosing Party inadvertently 22 produces any Confidential Information without designating it as such, it may be 23 remedied by (1) promptly notifying the other parties of the error; and (2) 24 providing a substitute copy of the Confidential Information with a proper legend. 25 In that event, the Receiving Party who has obtained inadvertently produced 26 undesignated Confidential Information will: (1) return the previously produced 27 Confidential Information and destroy all copies thereof; and (2) if the Receiving 28 Party has already disseminated the Confidential Information to any person, the 5 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 Receiving Party will notify all such persons the information was disseminated to 2 the Confidential Information in writing of the need to return such Confidential 3 Information and not to further disseminate it. This provision applies to any and 4 all Confidential Information produced to the Receiving Party. 5 15. Limitations On The Non-Litigation Use Of Confidential 6 Information. The confidentiality of the Confidential Information received from 7 Defendants during discovery in this action shall be maintained, and all 8 Confidential Information exchanged will be used solely for the litigation of this 9 action entitled. Specifically, the Receiving Party may not use such documents, 10 records, or other information (or the contents thereof) for any other purpose, 11 including use as background material, or for inclusion in books, magazines, 12 newspapers, or other publications. The Receiving Party is prohibited from 13 placing any of the Confidential Information on the Internet. 14 16. Court Filings. If necessary in the judgment of attorneys for the 15 Receiving Party, said attorneys may show or reveal the contents of the 16 Confidential Information to the court only pursuant to Local Rule 79-5 or Ninth 17 Circuit Rule 27-13. The Receiving Party will inform the Court and Parties of any 18 Confidential Information it intends to present during trial so appropriate measure 19 may be considered by the Court that may be necessary to protect the Confidential 20 Information. The Receiving Party’s presentation of Confidential Information 21 during trial will not require compliance with the written consent as set forth in 22 Paragraph No. 18 below, and comply with the provisions of that section. 23 17. Other Persons Authorized To Review Confidential Information. The 24 Receiving Party’s attorneys of record may be permitted to see originals and 25 obtain copies of the Confidential Information covered by this Order. Also, 26 Defendants, including officers, directors, employees, and experts thereof may be 27 permitted to review the Confidential Information. Additionally, paralegals, 28 secretaries, expert witnesses, and other individuals and entities that may be 6 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 employed or retained by the Receiving Party to assist in the preparation and/or the 2 litigation of this action may be permitted to see originals and obtain copies of the 3 Confidential Information covered by this Order, provided such experts and 4 employees have first executed the written statement set forth in Paragraph No. 18 5 below, and comply with the provisions of that section. The Parties’ attorneys 6 may review the Confidential Information with the Parties they represent. 7 18. Applicability Of Order To Other Persons. Prior to the disclosure of 8 any Confidential Information to any person described above, attorneys for the 9 Receiving Party who seeks to use or disclose such Confidential Information shall 10 first provide any such person with a copy of this Order, and shall cause him or her 11 to execute the following acknowledgment: 12 “I, _____________________________, declare under penalty 13 of perjury that I am fully familiar with the terms of the 14 Stipulated Protective Order entered in this action and hereby 15 agree to comply with and be bound by the terms and conditions 16 of the said Order with respect to the handling, use and 17 disclosure of each Confidential Document. I understand that I 18 may be subject to penalties for contempt of Court if I violate 19 this Order and hereby consent to the jurisdiction of said Court 20 for purposes of enforcing this Order. 21 Dated: __________ /s/_____________________________” 22 This written requirement applies to, but is not limited to, expert witnesses and 23 other individuals and entities that may be employed or retained by the Receiving 24 Party’s counsel to assist in the preparation and/or the litigation of this action. The 25 Receiving Party shall be responsible for maintaining the signed original of each 26 such written statement until the conclusion of these proceedings, including any 27 appeal. Counsel for the Receiving Party shall insure that their office staff, 28 including, but not limited to, paralegals and secretaries, shall be made aware of 7 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 2 their obligations under this protective order. 19. No waiver of objections. Nothing in this Stipulation and Order 3 constitutes any decision by the Court concerning discovery disputes or the 4 admission into evidence of any specific document or testimony or liability for 5 payment of any costs of production or reproduction of documents. This Order 6 also does not constitute a waiver by any party of any right to object to discovery 7 or admission into evidence of any document, record, testimony or other 8 information that is subject to this Order. Nor do Defendants waive any privileges, 9 including, but not limited to, the investigatory files or official information 10 privileges, see, e.g., Weiner v. FBI, 943 F.2d 972, 985 (9th Cir. 1991), or Miller v. 11 Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering into this order. 12 20. Subpoena for Confidential Information. In the event that the 13 Receiving Party receives a subpoena, discovery request, or other legal process 14 seeking production of Confidential Information, the Receiving Party must give 15 prompt written notice to the Disclosing Party. The Receiving Party shall inform 16 the person or entity seeking the information of the existence of this Stipulation 17 and Order and shall not produce the Confidential Information absent a Court 18 Order requiring such production. 19 21. Modification. For good cause, any party may seek a modification of 20 this Order, first by attempting to obtain the consent of the other parties to such 21 modification, and then, absent consent, by application to this Court. 22 22. Return of Confidential Information. No more than thirty (30) 23 calendar days after the conclusion of this case the Receiving Party and every 24 other person and/or entity who received originals or copies of the Confidential 25 Information shall make available for pickup copies of the Confidential 26 Information, and material derived therefrom, including, but not limited to, all 27 log(s) of persons authorized to review the protected documents and the written 28 statement(s) acknowledging the terms and provisions of this Order pursuant to 8 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 Paragraph No. 18 of this Order. Alternatively, the Receiving Party and every 2 other person and/or entity who received originals or copies of the Confidential 3 Information shall destroy all such material and material derived therefrom within 4 thirty (30) calendar days after the conclusion of this case. Additionally, within thirty (30) calendar days after the conclusion of this 5 6 case, counsel for the Receiving Party shall send a signed declaration stating that 7 such material has been destroyed pursuant to this Protective Order. This case has 8 concluded when (i) a final judgment has been entered by the Court or the case has 9 otherwise been dismissed with prejudice; (ii) the time for any objection to or 10 request for reconsideration of such a judgment or dismissal has expired; (iii) all 11 available appeals have concluded or the time for such appeals has expired; (iv) 12 any post appeal proceedings have themselves concluded; and (v) after payment of 13 monies due, if any, to Plaintiffs and/or their attorneys, whether via judgment, 14 settlement or otherwise. The Parties understand that they have no control over 15 documents in possession of the District Court and Courts of Appeal. The 16 Receiving Party has no obligation to obtain any such Confidential Information 17 that was filed with the court, or part of the trial of this matter, other than filing 18 documents in compliance with paragraph 16 or Confidential Information returned 19 by the Courts(s). 20 21 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 9 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O. 1 23. Survivability Of This Protective Order. This Stipulation and 2 Protective Order shall survive the termination of this action, and the Court shall 3 retain jurisdiction to enforce it. 4 5 IT IS SO ORDERED. 6 7 8 9 10 DATED: July 19, 2017 ________________________________ Honorable Andrew J. Wistrich United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 2:17-cv-00753-GW-AJW\MINOR A.G.\[Proposed] Order re Stip for P.O.

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