S.A. v. Hacienda La Puente Unified School District

Filing 34

STIPULATED PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh 33 (im)

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LEARNING RIGHTS LAW CENTER
JANEEN STEEL (SBN 211401)
[e-mail]
KYRA CLIPPER (SBN 280904)
[e-mail]
PATRICIA VAN DYKE
[e-mail] (SBN 160033)
205 S. Broadway, Suite 808
Los Angeles, California 90012
Phone: [phone]
Fax: [phone]

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Attorneys for Plaintiff S.A.
HARBOTTLE LAW GROUP
S. Daniel Harbottle (SBN 156442)
[e-mail]
Sydney J. Blaauw (SBN 293331)
[e-mail]
18401 Von Karman Ave., Suite 200
Irvine, CA 92612
Phone: [phone]
Fax: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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S.A., by and through his guardian ad
litem, Lisa Trifiletti,
Plaintiff,

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v.
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HACIENDA LA PUENTE UNIFIED
SCHOOL DISTRICT.

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Defendant.
_________________________________

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Case No.: 2:17-CV-02759BRO(PJWx)
DISCOVERY MATTER
STIPULATED PROTECTIVE
ORDER

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1. PURPOSES AND LIMITATIONS
Discovery in this action will involve production of the confidential, personal

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medical and educational information of a foster youth for which special protection

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from public disclosure and from use for any purpose other than prosecuting this

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litigation may be warranted. Accordingly, the parties hereby stipulate to and petition

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the Court to enter the following Stipulated Protective Order (“Order”). The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or

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responses to discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to confidential

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treatment under the applicable legal principles. The parties further acknowledge, as

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set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle

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them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a party

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seeks permission from the Court to file material under seal.

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2. GOOD CAUSE STATEMENT
Plaintiff S.A. is a six-year-old foster child who has been diagnosed with

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autism spectrum disorder. He has been enrolled as a special education student in

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defendant Hacienda La Puente Unified School District (“District”) since 2014. In

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this action, S.A. alleges that District discriminated against him on the basis of his

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disability by engaging in an illegal pattern and practice of shortening S.A.’s school

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schedule, excluding him from school on the basis of his disability, and failing to

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provide appropriate accommodations and supports. Accordingly, S.A. alleges that

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District deprived him of the benefits of, and access to, his education including, but

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not limited to, those early interventions that are so crucial for children on the autism

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spectrum. District denies S.A.’s allegations, denies his claims for injunctive relief

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and damages, and denies it has any liability to him.

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Because of the nature of this case, the Parties anticipate that they will seek and

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rely on confidential information throughout the course of discovery and in support of
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Stipulated Protective Order 

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their claims and defenses, including, but not limited to, academic and/or

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performance records; nursing and health records; medical information;

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psychoeducational evaluations; and individualized education or 504 plans. Most, if

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not all of this information is protected from disclosure under state or federal statutes,

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court rules, case decisions or common law, particularly because S.A. is a foster

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youth who remains under the jurisdiction of the Juvenile Court.
The Parties and any third parties whose confidential or private information

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may be discussed or referred to within these documents may be harmed if no

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protective order is entered to shield against the dissemination of such private,

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confidential information. Thus, in order to expedite the flow of information, to

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facilitate the prompt resolution of disputes over confidentiality of discovery

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materials to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable, necessary uses of

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such material in preparation for and in the conduct of the trial, to address their

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handling at the end of litigation and serve the ends of justice, a protective order is

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justified in this matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so designated

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without a good faith belief that has been maintained in a confidential, non-public

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manner, and there is good cause why it should not be part of the public record in this

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case.

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3.

DEFINITIONS

3.1 Action: S. A., by and through his guardian ad litem, Lisa Trifilleti v.
Hacienda La Puente Unified School District, Case No.: 2:17-CV-02759BRO-PJW (C. D. CA)
3.2 Challenging Party: A Party or Non-Party that challenges the designation of
information or items under this Order.
3.3 “CONFIDENTIAL” Information or Items: information (regardless of how

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it is generated, stored or maintained) or tangible things that qualify for

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protection under Federal Rule of Civil Procedure 26(c), and as specified
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above in the Good Cause Statement.
3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).
3.5 Designating Party: a Party or Non-Party that designates information or
items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL.”
3.6 Disclosure or Discovery Material: all items or information, regardless of

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the medium or manner in which it is generated, stored or maintained

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(including, among other things, testimony, transcripts and tangible things),

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that are produced or generated in disclosures or responses to discovery in

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this matter.

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3.7 Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to

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serve as an expert witness or a consultant in the Action.

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3.8 House Counsel: attorneys who are employees of a Party to this Action.

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House Counsel does not include Outside Counsel of Record or any other

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outside counsel.

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3.9 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this action.
3.10

Outside Counsel of Record: attorneys who are not employees of a Party

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to this Action but are retained to represent or advise a Party to this Action

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and have appeared in this Action on behalf of that Party or are affiliated

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with a law firm which has appeared on behalf of that Party or in the related,

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administrative due process case.

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3.11

Party: any party to this Action, including its officers, directors,

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employees, consultants, retained experts and Outside Counsel of Record

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(and their support staffs).

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Stipulated Protective Order 

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3.12

Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.
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Professional Vendors: persons or entities that provide litigation support

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services (e.g. photocopying, videotaping, translating, preparing exhibits or

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demonstrations and organizing, storing or retrieving data in any form or

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medium) and their employees and subcontractors.

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3.14

Protected Material:

any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”
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Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.
4. SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries or

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compilations of Protected Material; and (3) any testimony, conversations or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the trial

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judge. This Order does not govern the use of Protected Material at trial.

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5. DURATION
Even after final disposition of this litigation, the confidentiality obligations
imposed by this Order shall remain in effect until a Designating Party agrees
otherwise in writing or a court order otherwise directs. Final disposition shall be
deemed to be the later of (1) dismissal of all claims and defenses in this Action,
with or without prejudice; and (2) final judgment herein after the completion and
exhaustion of all appeals, rehearings, remands, trials or reviews of this Action,
including the time limits for filing motions or applications for extension of time
pursuant to applicable law.

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Stipulated Protective Order 

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6. DESIGNATING PROTECTED MATERIAL

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6.1 Exercise of Restraint and Care in Designating Materials for Protection

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designations to specific material that

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qualifies under the appropriate standards. The Designating Party must designate

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for protection only those parts of material, documents, items or oral or written

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communications that qualify so that other portions of the material, documents,

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items or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g. to unnecessarily encumber the case development process or to

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impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party

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must promptly notify all other Parties that it is withdrawing the inapplicable

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designation.

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6.2 Manner and Timing of Designations. Except as otherwise provided in this
Order (see, e.g. second paragraph of section 6.2(a) below, or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for
protection under this Order must be clearly so designated before the
material is disclosed or produced.
Designation in conformity with this Order requires:
(a) For information in documentary form (e.g. paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings),

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that the Producing Party affix at a minimum, the legend “CONFIDENTIAL”

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Stipulated Protective Order 

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(hereinafter “CONFIDENTIAL legend”), to each page that contains

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protected material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify the

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protected portions(s) (e.g. by making appropriate markings in the margins).

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A Party or Non-Party that makes original documents available for

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inspection need not designate them for protection until after the inspecting

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Party has indicated which documents it would like copied and produced.

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During the inspection and before designation, all of the original material

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made available for inspection shall be deemed “CONFIDENTIAL.” After

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the inspecting Party has identified the documents it wants copied and

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produced, the Producing Party must determine which documents, or portions

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of documents, qualify for protection under this Order. Then, before

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producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for protections,

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the Producing Party also must clearly identify the protected portions(s) (e.g.,

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by making appropriate markings in the margins.)

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(b) For testimony given in depositions that the Designating Party identify the
Disclosure or Discovery Material on the record, before the close of the
deposition all protected testimony.
(c) For information produced in some form other than documentary and for any
other tangible items that the Producing Party affix in a prominent place on

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the exterior of the container or containers in which the information is stored
the legend “CONFIDENTIAL.” If only a portion or portions of the
information warrants protection, the Producing Party, to the extent
practicable, shall identify the protected portion(s).
6.3 Inadvertent Failure To Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone,

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Stipulated Protective Order 

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waive the Designating Party’s right to secure protection under this Order for

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such material. Upon timely correction of a designation, the Receiving Party

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must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

7.1 Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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7.2 Meet and Confer. The Challenging Party shall initiate the dispute
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resolution process under Local Rule 37.1 et seq.
7.3 Burden. The burden of persuasion in any such challenge proceeding shall

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be on the Designating Party. Frivolous challenges, and those made for an

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improper purpose (e.g. to harass or impose unnecessary burdens and

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expenses on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s

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designation until the Court rules on the challenge.

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8.

ACCESS TO AND USE OF PROTECTED MATERIAL

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8.1 Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection

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with this Action only for prosecuting, defending or attempting to settle this

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Action. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the Action
has been terminated, a Receiving Party must comply with the provisions of
section 14 below (FINAL DISPOSITION). Protected Material must be
stored and maintained by a Receiving Party at a location and in a secure
manner that ensures that access is limited to the persons authorized under

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this Order.

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Stipulated Protective Order 

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8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the Court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a) The Receiving Party’s Outside Counsel of Record in this Action, as

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well as employees of said Outside Counsel to whom it is reasonably necessary

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to disclose the information for this Action;

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(b) the officers, directors and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement To Be Bound” (Exhibit A);

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(d) the Court and its personnel;

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(e) Court reporters and staff;

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(f) Professional jury or trial consultants, mock jurors and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and who

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have signed the “Acknowledgement and Agreement To Be Bound” (Exhibit A);

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(g) the author or recipient of a document containing the information or

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a custodian or other person who otherwise possessed or knew the information;

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(h) During their depositions, witnesses and attorneys for witnesses in

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the Action to whom disclosure is reasonably necessary provided: (1) the

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deposing party requests that the witness sign the form attached as Exhibit A;

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and (2) they will not be permitted to keep any confidential information unless

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they sign Exhibit A (“Agreement and Acknowledgement To Be Bound”) unless

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otherwise agreed by the Designating Party or ordered by the Court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected

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Material may be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Order; and
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Stipulated Protective Order 

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(i) Any mediator or settlement officer and their supporting personnel, as

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mutually agreed upon by any of the parties engaged in settlement discussions.

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9. PROTECTED MATERIAL SUBPOENED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation

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that compels the disclosure of any information or items designated in this

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Action as “CONFIDENTIAL,” that Party must:

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(a) Promptly notify in writing the Designating Party and include a copy
of the subpoena or court order;
(b) Promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material
covered by the subpoena or order is subject to this Protective Order;
and
(c) Cooperate with respect to all reasonable procedures sought to be
pursued by the Designating party whose Protected Material may be
affected.

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If the Designating Party timely seeks a protective order, the Party
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served with the subpoena or court order shall not produce any
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information designated in this action as “CONFIDENTIAL” before a
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determination by the court from which the subpoena or order issued,
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unless the Party has obtained the Designating Party’s written
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permission. The Designating Party shall bear the burden and expense
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of seeking protection in that court of its confidential material and
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nothing in these provisions should be construed as authorizing or
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encouraging a Receiving Party in the Action to disobey a lawful
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directive from another court.
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10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION

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(a) The terms of this Order are applicable to information produced by a Non-

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Party in this Action and designated as “CONFIDENTIAL.” Such

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information produced by Non-Parties in connection with this litigation is

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protected by the remedies and relief provided by this Order. Nothing in

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these provisions should be construed as prohibiting a Non-Party from
seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession and the
Party is subject to an agreement with the Non-Party not to produce the

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Non-Party’s confidential information, then the Party shall:
(1) Promptly notify in writing the Requesting Party and the Non-Party
that some or all of the information requested is subject to a
confidentiality agreement with a Non-Party;
(2) Promptly provide the Non-Party with a copy of this Order, the

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relevant discovery request(s) and a reasonably specific description

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of the information requested; and

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(3) Make the information requested available for inspection by the NonParty if requested.
(c) If the Non-Party fails to seek a protective order from this Court within 14

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days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to

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the discovery request, but must adhere to this Order to the extent it applies

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to such information. If the Non-Party timely seeks a protective order, the

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Receiving Party shall not produce any information in its possession or
control that is subject to the confidentiality agreement with the Non-Party
before a determination by the Court. Absent a court order to the contrary,
the Non-Party shall bear the burden and expense of seeking protection in
this Court of its Protected Material.

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11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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Stipulated Protective Order 

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the Designating Party of the unauthorized disclosure; (b) use its best

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efforts to retrieve all unauthorized copies of the Protected Material,(c) inform the

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person or persons to whom unauthorized disclosures were made of all of the

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terms of this Order, and (d) request such person or persons execute the

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“Acknowledgment and Agreement To Be Bound” that is attached as Exhibit A.

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12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Party shall be those set forth in

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Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to

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modify whatever procedure may be established in an e-discovery order that

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provides for production without prior privilege review. Pursuant to Federal Rule

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of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

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effect of disclosure of a communication or information covered by the attorney-

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client privilege or work product protection, the parties may incorporate their

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agreement in the stipulated protective order submitted to the Court.

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13. MISCELLANEOUS

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13.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
13.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to
object to disclosing or producing any information or item on any ground
not addressed in this Order. Similarly, no Party waives any right to object

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on any ground to use in evidence of any of the material covered by this

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Stipulated Protective Order 

Stipulated Protective Order.

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13.3 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5. Protected

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Material may only be filed under seal pursuant to a court order
authorizing the sealing of the specific Protected Material at issue. If a

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Party’s request to file Protected Material under seal is denied by the

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Court, then the Receiving Party may file the information in the public

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record unless otherwise instructed by the Court.

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14.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 5,
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within 60 days of a written request by the Designating Party, each Receiving
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Party must return all Protected Material to the Producing Party or destroy such
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material. As used in this subdivision, “all Protected Material” includes all
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copies, abstracts, compilations, summaries and any other format reproducing or
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capturing any of the Protected Material. Whether the Protected Material is
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returned or destroyed, the Receiving Party must submit a written certification to
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the Producing Party ( and if not the same person or entity, the Designating
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Party) by the 60 day deadline that (1) identifies (by category, where
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appropriate) all the Protected Material that was returned or destroyed and (2)
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affirms that the Receiving Party has not retained any copies abstracts,
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compilations, summaries or any other format reproducing or capturing any of
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the Protected Material. Notwithstanding this provision, Counsel are entitled to
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retain an archival copy of all pleadings, motions papers, trial, deposition and
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hearing transcripts, legal memoranda , correspondence, deposition and trial
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exhibits, expert reports, attorney work product and consultant and expert work
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product, even if such material contain Protected Material. Any such archival
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copies that contain or constitute Protected Material remain subject to this
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Protective Order as set forth in Section 5 (DURATION).
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15. Any violation of this Order may be punished by any and all appropriate

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measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

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DATED: 9/7/2017

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s/ Patricia Van Dyke

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LEARNING RIGHTS LAW CENTER

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Attorneys for Plaintiff

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DATED: 9/7/2017

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s/ Sydney J. Blaauw

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HARBOTTLE LAW GROUP

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Attorneys for Defendant

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: September 7, 2017

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_______________________________
Patrick J. Walsh
U.S. Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

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I, ______________________________[print or type full name], of

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_____________________________________[print or type full address], declare

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under penalty of perjury that I have read in its entirety and understand the

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Stipulated Protective Order that was issued by the United States District Court in

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S. A., by and through his guardian ad litem, Lisa Trifilleti v. Hacienda La Puente

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Unified School District, Case No.: 2:17-CV-02759-BRO-PJW (C. D. CA). I agree

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to comply with and to be bound by all the terms of this Stipulated Protective

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Order and I understand and acknowledge that failure to so comply could expose

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me to sanctions and punishment in the nature of contempt. I solemnly promise

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that I will not disclose in any manner any information or item that is subject to this

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Stipulated Protective Order to any person or entity except in strict compliance

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with the provisions of this Order. I further agree to submit to the jurisdiction of

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the United States District Court for the Central District of California for the

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purpose of enforcing the terms of this Stipulated Protective Order, even if such

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enforcement proceedings occur after termination of this action. I hereby appoint

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_______________________ [ print or type full name] of

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__________________________________________ [ print or type full address

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and telephone number] as my California agent for service of process in connection

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with any action or any proceedings related to enforcement of this Stipulated

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Protective Order.

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Date:__________________

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City and State where sworn and signed:_____________________________

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Printed name: ___________________________

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Signature: ______________________________
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Stipulated Protective Order