Amelia Sanchez et al v. City of El Monte et al

Filing 29

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order. 27 (see document for further details) (klg)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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14 CITY OF EL MONTE; and DOES 1-10)
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Defendants.
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AMELIA SANCHEZ, et. al,

CASE No. 2:17-cv-03235 GW (AJW);
consolidated with CASE No. ED CV 17971 GW (AJWx)
[PROPOSED] PROTECTIVE
ORDER RE HOMICIDE BOOK
COMPILED BY THE LOS
ANGELES COUNTY SHERIFF’S
DEPARTMENT, HOMICIDE
BUREAU
MAGISTRATE JUDGE ANDREW J.
WISTRICH

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

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The Los Angeles County Sheriff’s Department (“LASD”) is producing,

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pursuant to a subpoena duces tecum, documents deemed confidential by LASD, under

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Federal and California State Law. These documents are compiled in an LASD’s

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“Homicide Book.” Such documents shall hereinafter be referred to as “Confidential

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Information.”

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The Plaintiffs do not deem these documents to be “confidential information,”
although Plaintiffs acknowledge some may be of a confidential nature, but to avoid
further delay and dispute, Plaintiffs accept these conditions, reserving the right to seek
judicial determination within 90-days of receipt of the documents by submitting any
item in dispute for an in-camera review and determination by the Court.
Plaintiffs agree that should they move for further order regarding determination
of the “confidentiality” of a document, Plaintiffs will first meet and confer with LASD
in an effort to jointly resolve any issue in dispute before requesting an in-camera
review and determination by the Court.
The Court orders that the following terms and conditions of this Protective
Order shall govern the use and disclosure of Confidential Information and information
derived therefrom until further order of the Court.
1.

The investigation of an Officer Involved Shooting of December 23, 2016

by the Los Angeles County Sheriff’s Department - Homicide Bureau, is subject to the
terms of this protective order. The investigation contained in the “Homicide Book” is
part of an ongoing criminal investigation that is confidential official information. The
disclosure of the documents in the Homicide Book pursuant to Rule 26 discovery
rules are to be designated as “CONFIDENTIAL INFORMATION.” Such designation
shall be made by stamping or otherwise marking the documents prior to production or
use in this litigation as follows:
“CONFIDENTIAL MATERIAL SUBJECT

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TO PROTECTIVE ORDER”
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2.

The labeled “CONFIDENTIAL INFORMATION” shall be used solely in

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connection with the preparation and trial of the within, Case No. 2:17-cv-03235 GW
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(AJW); consolidated with Case No. EDCV 17-971 GW (AJWx) or any related
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appellate proceeding, and not for any other purpose, including any other litigation.
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3.

Material designated as confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents derived in
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whole or in part from material designated as confidential shall be used only for the
purpose of the prosecution, defense or settlement of this action, and for no other
purpose.
4.

CONFIDENTIAL INFORMATION may not be disclosed, except as

provided in paragraphs 5, 6 and 7.
5.

CONFIDENTIAL INFORMATION may be disclosed only to the

following persons:
(a)

Counsel for any party and any party to this litigation;

(b)

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Paralegal, stenographic, clerical and secretarial personnel

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regularly employed by counsel referred to in (a).

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(c)

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Court personnel, including stenographic reporters engaged in
such proceedings as are necessarily incidental to preparation for

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the trial of this action;

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(d)

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Any outside expert or consultant retained in connection with this
action, and not otherwise employed by either party; and

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(e)

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Any “in-house” expert designated by either party to testify at trial
in this matter.

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Nothing in this order prevents a witness from disclosing events or activities

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personal to him or her, that is, a witness can disclose to others information previously

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given to the LASD with respect to what he or she saw, heard or otherwise sensed and

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that information shall not be deemed “CONFIDENTIAL INFORMATION.”

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Nothing in this Order shall preclude any party from allowing witnesses to read or

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listen to a copy of their own recorded interviews or from being shown photographs of

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the scene.

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photographs.

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6.

Said witnesses shall not be provided a copy of said interview or
Each person to whom disclosure is made, with the exception of counsel,

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and the parties, who are presumed to know the contents of this protective order, and

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court personnel, shall prior to the time of disclosure, be provided by the person
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furnishing him/her such material a copy of this order, and shall execute a
nondisclosure agreement in the form of Attachment A, a copy of which shall be
provided forthwith to counsel for each other party. Such person also must consent to
be subject to the jurisdiction of this United States District Court with respect to any
proceeding relating to enforcement of this order, including without limitation, any
proceeding for contempt.
7.

Until such time as Plaintiffs obtain a reclassification of the

“CONFIDENTIAL INFORMATION,” either by written agreement with LASD or by
judicial determination after an in-camera review, testimony taken at a deposition may
be designated as confidential by making a statement to that effect on the record at the
deposition.

Arrangements shall be made with the court reporter taking and

transcribing such deposition to separately bind such portions of the transcript
containing information designated as confidential, and to label such portions
appropriately.
8.

If CONFIDENTIAL INFORMATION, including any portion of a

deposition transcript, is included in any papers to be filed with the Court prior to

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either joint resolution by the parties or prior to an in-camera review as stated above,

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such papers shall be accompanied by an application which comports with Local Rule

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79-5.1 and seeks to (a) file the confidential portions thereof under seal (if such

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portions are segregable), or (b) file the papers in their entirety under seal (if the

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confidential portions are not segregable). The Application shall be directed to the

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judge to whom the papers are directed. Pending the ruling on the application, the

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papers or portions thereof subject to the sealing application shall be lodged under seal

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in accordance with Local Rule 79-5.1.

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9.

At the conclusion of the trial and of any appeal or upon termination of

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this litigation, all CONFIDENTIAL INFORMATION received under the provisions

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of this order (including any copies made and/or any computer materials made or

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stored) shall be tendered back to the LASD’s counsel within 30 days or destroyed by
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Plaintiff after approval by LASD. Provisions of this order in so far as they restrict
disclosure and use of the material shall be in effect until further order of this Court.
10.

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The foregoing is without prejudice to the right of any party:
(a)

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To apply to the Court for a further protective order relating to
CONFIDENTIAL INFORMATION or relating to discovery in

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this litigation;

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(b)

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To

apply

to

the

CONFIDENTIAL

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Court

for

an

INFORMATION

order

removing

designation

from

the
any

documents; and

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(c)

To apply to the Court for an order compelling production of

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documents or modification of this order or for any order

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permitting disclosure of CONFIDENTIAL INFORMATION

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beyond the terms of this order.

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11.

LASD contends that GOOD CAUSE exists for designating these

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materials as privileged and confidential because they are part of an ongoing criminal

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investigation and constitute official information. Plaintiffs do not agree with this

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characterization, but agree to resolve the dispute as set forth in this Protective Order

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and until further order of the Court.

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12.

CONFIDENTIAL INFORMATION produced in connection with the

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Court Order shall not be disclosed, disseminated, or in any manner provided to the

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media or any member of the public, unless the Court has ruled that the information

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may be divulged to the media and the public.

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13.

In the event that any CONFIDENTIAL INFORMATION is used or

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referred to during the course of any court proceeding in this action, such information

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shall not lose its confidential status through such use.

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14.

Counsel, in the above-referenced matter, and those individuals authorized

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to review the information in connection with this civil matter are expressly prohibited

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from duplicating, copying or otherwise distributing, disseminating, or orally
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disclosing any of the disclosed CONFIDENTIAL INFORMATION to any person or
entity for any purpose.
15.

Counsel for each party shall take reasonable precautions to prevent the

unauthorized or inadvertent disclosure of CONFIDENTIAL INFORMATION.
16.

In the event that the terms of this Protective Order are violated, the

parties agree that the aggrieved party may immediately apply to this Court to obtain
injunctive relief and monetary sanctions against any person violating or threatening to
violate any of the terms of this Protective Order. This Court shall retain jurisdiction

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over the parties for the purpose of enforcing this Protective Order, and the Court shall

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have the power to modify this Protective Order at any time and to impose whatever

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penalties it deems appropriate for the violation of this Protective Order, including but

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not limited to monetary sanctions, judicial sanctions, issue preclusion, and contempt.

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Any such request for injunctive relief and/or monetary sanctions must be made by a

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properly noticed motion and pursuant to statute and after contacting the alleged

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grieving party and holding a conference in an effort to resolve the dispute.

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17.

This Protective Order, and the obligations of all persons thereunder,

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including those relating to the disclosure and use of CONFIDENTIAL

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INFORMATION, shall survive the final termination of this case, whether such

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termination is by settlement, judgment, dismissal, appeal or otherwise, until further

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order of the Court.

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18.

Upon termination of the instant case, counsel shall return any and all

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CONFIDENTIAL INFORMATION or information designated as confidential,

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including portions of deposition transcripts which may contain documents designated

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confidential, to the LASD’s attorney of record for this matter, within thirty (30) days

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following termination of this matter.

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19.

Production of all CONFIDENTIAL INFORMATION ordered disclosed

by this Court shall take place on or before December 1, 2017.

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IT IS SO ORDERED.

2 DATED: November 21, 2017
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BY: ___________________________
ANDREW J. WISTRICH
UNITED STATES MAGISTRATE JUDGE

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ATTACHMENT A

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NON DISCLOSURE AGREEMENT
I, _____________________________, do solemnly swear that I am fully
familiar with the terms of the Protective Order Concerning Confidential Information
entered in AMELIA SANCHEZ; and, SANTOS SANCHEZ v. THE CITY OF EL
MONTE, ET AL., Case No. 2:17-CV-3235 GW (AGRx), and hereby agree to comply
with and be bound by the terms and conditions of said Order unless modified by
further Order of the Court. I hereby consent to the jurisdiction of the Court for purpose
of enforcing this nondisclosure agreement.

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DATED:
_________________________________________

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