Joseph Barreda v. City of Downey et al

Filing 46

CORRECTED STIPULATION AND STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order #45 . [SEE ORDER FOR FURTHER DETAILS.] (et)

1 RONALD O. KAYE, SBN 145051
[e-mail]
2 LINDSAY BATTLES, SBN 262862
[e-mail]
3 KAYE, MCLANE, BEDNARSKI & LITT, LLP
975 E. Green Street
4 Pasadena, California 91106
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff Joseph Barreda,
Through his Guardian Ad Litem Nancy Barreda
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JOSEPH BARREDA, by and through his
10 Guardian Ad Litem NANCY
11 BARREDA,

Case No.: 2:19-cv-02508-DSF-JEM

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[Honorable John E. McDermott]

Discovery Matter

Plaintiff,

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vs.

14 CITY OF DOWNEY, CARL
15 CHARLES, CHRISTOPHER PINAL, E.
VALDEZ, TODD LOCKWOOD,
16 THOMAS QUINTERO, STEVE
17 LECHUGA, THE GEO GROUP, INC.,
NICHOLAS ANDRADE, AND DOES
18 1-10, INCLUSIVE,
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Defendants.

CORRECTED STIPULATION AND
STIPULATED PROTECTIVE
ORDER

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1.

PURPOSES AND LIMITATIONS
This case arises from Plaintiff Joseph Barreda’s (“Barreda”) March 5, 2018

attempted suicide at the Downey City Jail. The Parties agree that disclosure and
discovery activity in this action will involve production of confidential, proprietary,
or private information for which special protection from public disclosure and from
use for any purpose other than prosecuting this litigation may be warranted. Such
confidential materials include Barreda’s medical records and witness statements

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and other materials generated in connection with the City of Downey’s

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investigation regarding the March 5, 2018 suicide attempt.

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This protective order extends to all materials previously exchanged between

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by the parties subject to a pre-litigation, Confidentiality Agreement. Before the

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instant lawsuit was filed, the City of Downey, the Downey Police Department

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(collectively “Downey”), and The GEO Group, Inc., on the one hand, and Joseph

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Barreda, Nancy Barreda, and Arthur Barreda (“the Barredas”) on the other hand,

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along with their respective legal counsel, agreed to voluntary, pre-lawsuit exchange

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of information and documents related to the incident. The purpose of this exchange

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was to facilitate pre-lawsuit evaluation and potential informal resolution of

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Plaintiff’s claims. Although the parties agree to extend the instant Stipulated

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Protective Order to all materials earlier produced subject to the pre-lawsuit
Confidentiality Agreement, as set forth in greater detail in Paragraph 7 below, no
party is precluded from raising a challenge to another Party’s confidentiality
designation.
The Parties further agree that disclosure pursuant to the instant Stipulated
Protective Order shall not be construed as a waiver of applicable privilege with
regard to subsequent third-party litigants. Any documents produced pursuant to this
Stipulated Protective Order that were generated in connection with, or are relevant
to, Barreda’s March 5, 2018 attempted suicide retain the same confidentiality and
privileged status they had prior to their production under this agreement. If they

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qualified as privileged or confidential documents under applicable law prior to this

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agreement, their production under this agreement does not alter or waive their status

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as privileged documents; if they did not qualify as privileged documents under

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applicable law, their production under this agreement does provide any privileged

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status they did not previously have. The production of documents pursuant to this

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agreement has no bearing on their admissibility: documents otherwise admissible

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remain admissible.

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The Parties acknowledge that the protection this agreement provides from

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public disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under Federal Rule of Civil Procedure 26(c) and

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applicable legal principles. The Parties further acknowledge, as set forth in Section

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13.4, below, that this agreement does not automatically entitle them to file under-

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seal information deemed “CONFIDENTIAL” pursuant to this agreement simply

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because it was designated “CONFIDENTIAL” pursuant to this agreement.

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2.

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DEFINITIONS
2.1

Action: The above-captioned lawsuit of Joseph Barreda vs. City of

Downey, et al., Case No. 2:19-cv-2508-DSF-JEM.
2.2

Counsel: Kaye McLane Bednarski & Litt, LLP (counsel for Plaintiff),

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Lawrence Beach Allen & Choi PC (counsel for the City of Downey, Carl Charles,

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Christopher Pinal, E. Valdez and Todd Lockwood) and Burke, Williams &

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Sorensen LLP (counsel for The GEO Group, Inc. (“GEO”) and GEO Defendants,

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Thomas Quintero, Steve Lechuga and Nicholas Andrade) as well as the Downey

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City Attorney’s Office.

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2.3 “CONFIDENTIAL” Material or Information: information (regardless of
how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c).
2.4

Protected Material/Information: any Disclosure or Discovery Material

including Barreda’s medical records and materials generated as part of Downey’s
investigation of the March 5, 2018 suicide attempt including, but not limited to, any
audio and video recordings of witness interviews and encounters between Downey
and or GEO personnel with Barreda that have been designated as
“CONFIDENTIAL” pursuant to the pre-lawsuit Confidentiality Agreement and the
instant agreement.
2.5

Designating or Producing Party: a Party or Non-Party that designates

Disclosure or Discovery Material that it produces as “CONFIDENTIAL.”

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2.6

Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

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2.7

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 serve as

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an expert witness or as a consultant in this action.
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or other legal entity no named as a Party to this action.
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Non-Party: any natural person, partnership, corporation, association,
Party: any party to this action, including all of its officers, directors,

employees, consultants, retained experts, and Counsel (and their support staffs).
3.

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SCOPE
The protections conferred by this agreement cover Protected Material (as

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defined above), including (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

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and (3) any testimony, conversations, or presentations by parties or their counsel

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that reveal Protected Material.

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4.

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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, re-hearings, remands, trials, or reviews of this Action,
including the time limits for filing any motions or applications for extension of time
pursuant to applicable law.
5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

Each Party that designates information or items for protection under this Order

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must take care to limit any such designation to specific material being produced in

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conjunction with this Action.

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5.2

Manner and Timing of Designations. For information in documentary

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form, the Designating Party shall affix a “CONFIDENTIAL” legend to each page

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that contains protected material. The legend shall be affixed in a manner that does

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not obscure the contents of the document. For testimony given in depositions, the

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Designating Party shall identify all Protected Information on the record, before the

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close of deposition. For information produced in some other form, the Designating

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Party shall affix a “CONFIDENTIAL” designation on a prominent place. For

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information produced in some form other than documentary form, and for any other

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tangible items, the Designating Party shall affix, in a prominent place on the

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exterior of the container or containers in which the information is stored the legend
“CONFIDENTIAL.” If only a portion of the information warrants protection, the
Producing Party shall identify the protected portion.
5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive
the designating Party’s right to secure protection under this Order for such material.
Upon timely correction of a designation, the Receiving Party must make reasonable
efforts to assure that the material is treated in accordance with the provisions of this
Agreement.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Challenges. This Order shall be without prejudice to the right of the

parties (i) to bring before the Court at any time the question of whether any
particular document or information is confidential or whether its use should be
restricted or (ii) to present a motion to the Court under Federal Rules of Civil
Procedure 26(c) for a separate protective order as to any particular document or
information, including restrictions differing from those as specified herein. This
Order shall not be deemed to prejudice the parties in any way in any future

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application for modification of this Order.

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6.2

Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time. Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption or

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delay of the litigation, a Party does not waive its right to challenge a confidentiality

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designation by electing not to mount a challenge promptly after the original

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designation is disclosed.
6.3

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Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process by providing written notice of each designation it is challenging

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and describing the basis for each challenge. To avoid ambiguity as to whether a

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challenge has been made, the written notice must recite that the challenge to
confidentiality is being made in accordance with this specific paragraph of the
Protective Order. The parties shall attempt to resolve each challenge in good faith
and must begin the process by conferring directly (in voice to voice dialogue; other
forms of communication are not sufficient) within 14 days of the date of service of
notice. In conferring, the Challenging Party must explain the basis for its belief that
the confidentiality designation was not proper and must give the Designating Party
an opportunity to review the designated material, to reconsider the circumstances,
and, if no change in designation is offered, to explain the basis for the chosen
designation. A Challenging Party may seek judicial intervention only if it has

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engaged in this meet and confer process first or establishes that the Designating

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Party is unwilling to participate in the meet and confer process in a timely manner.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this case only for

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the purpose of prosecuting, defending or attempting to settle this action. Such

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Protected Material may be disclosed only to the categories of persons and under the
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conditions described in this Order. When the litigation has been terminated, a

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Receiving Party must comply with the provisions of Paragraph 13 below (FINAL

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DISPOSTION). Protected Material must be stored and maintained by a Receiving

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Party at a location and in a secure manner that ensures access is limited to the

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persons authorized under this Order and Receiving Parties shall take reasonable

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steps to prevent disclosure of Protected Material to any third party.

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Unless permitted in writing by the designating Party, a Receiving Party may
disclose Protected Material only to:
(a)

Counsel, including their respective associates, clerks, legal

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assistants, support personnel and investigators and litigation

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support services (photocopy services or transcription services)
who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);
(b)

their employees, hired by any Party who have signed the

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

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Any parties to this agreement (including their officers and
employees) who have signed the “Acknowledgment and

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Any designated or retained experts (as defined in this Order) and

Agreement to Be Bound” (Exhibit A);
(d)

The owner or author of the Protected Material;

(e)

Any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions who have signed the

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

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(f)

The Court and its personnel;

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(g)

Court reporters and their staff, professional jury or trial

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consultants, mock jurors, and Professional Vendors (photocopy

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services or transcription services) to whom disclosure is

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reasonably necessary for this litigation and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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and

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During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the

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“Acknowledgement and Agreement to Be Bound” (Exhibit A)

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unless otherwise agreed by the Designating Party or ordered

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by the Court. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material must be

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separately bound by the court reporter and may not be disclosed

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to anyone except as permitted under this Stipulated Protective

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Order.
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Subject to the terms of this Agreement, nothing herein shall restrict a

recipient of Protected Material from: (a) making working copies, abstracts, digests
and analysis of such information for use in connection with settlement negotiations;
or (b) converting or translating Protected Material into a different format for storage
or analysis, provided that access to Protected Material, in whatever form stored or
reproduced, shall be limited to qualified recipients.
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation

that compels disclosure of any information or items designated as
“CONFIDENTIAL,” that Party must:
(a)

promptly notify, in writing, the Designating Party, with a copy

of the subpoena or court order;
(b)

promptly notify, in writing, the Party who issued the subpoena

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or order to that some or all of the material covered by the subpoena or order is

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subject to this Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(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 served with

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the subpoena or court order shall not produce any information designated in this

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matter as “CONFIDENTIAL” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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written permission. Insofor as the instant Section 8 is concerned, the Designating

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Party shall bear the burden and expense of seeking protection in that court of its

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confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party to disobey a lawful directive from

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another court.

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9.

PRODUCED IN THIS LITIGATION.

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
The terms of the instant Stipulated Protective Order are applicable to

information produced by a Non-Party in this action and designated as
“CONFIDENTIAL.” Such information produced by Non-Parties in connection
with this litigation is protected by the remedies and relief provided by this Order.
Nothing in these provisions should be construed as prohibiting a Non-Party from
seeking additional protections.
10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

Protected Material to any person or in any circumstance not authorized under this
Confidentiality Agreement, the Receiving Party must immediately (a) notify, in
writing, the Producing Party of the unauthorized disclosures, (b) use its best efforts
to retrieve all unauthorized copies of the Protected Material, (c) inform the person
or persons to whom unauthorized disclosures were made of all the terms of this
Order, and (d) request such person or persons to execute the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
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
protection, the obligations of the Receiving Parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(B). After being notified, the Receiving Parties
must promptly return, sequester, or destroy the specified information and any
copies it has; must not use or disclose the information until the claim is resolved;
must take reasonable steps to retrieve the information if any Receiving Party
disclosed it before being notified.
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MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the court in the future.
12.2 Non-Waiver: 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 Stipulated Protective
Order.
12.3 Right to Assert Other Objections/Contest Claims of Privilege. This
Order has no impact on the rights of the Parties to later contest claims of privilege
in connection with the documents produced. By entering this agreement, no Party
waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this agreement. Similarly, no

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Party waives any right to object on any ground to use in evidence of any of the

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material covered by this agreement.

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12.4 Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not publicly release or otherwise file in the public record in

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this action any 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 and this Court’s
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Standing Orders. Protected Material may only be filed under seal pursuant to a

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court order authorizing the sealing of the specific Protected Material at issue.

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Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a written

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application establishing that the Protected Material is entitled to protection under

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the law. However, only the portions of documents, including briefs, exhibits, or

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any other moving or opposing papers that contain Protected Material need to be

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filed under seal. If a Party's request to file Protected Material under seal is denied

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by the court, then the Receiving Party may file the information in the public record

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unless otherwise instructed by the court.

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12.5 Enforceability. The validity, construction and performance of this

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Stipulated Protective Order shall be governed and construed in accordance with the

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laws of California applicable to contracts made and to be wholly performed within
such state, without giving effect to any conflict of laws provisions thereof. The
Federal and state courts located in California shall have sole and exclusive
jurisdiction over any disputes arising under, or in any way connected with or related
to, the terms of this Agreement and Receiving Party: (i) consents to personal
jurisdiction therein; and (ii) waives the right to raise forum non conveniens or any
similar objection.
13.

FINAL DISPOSITION
Within sixty (60) days after final disposition of this action, as defined in

Paragraph 5, and upon request by a Designating Party made, each Receiving Party
shall return all Protected Material to the Designating Party or destroy such material.
As used in this Paragraph, “all Protected Material” includes all copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of the
Protected Material. Whether the Protected Material is returned or destroyed, the
Receiving Party must submit a written certification to the Producing Party (and, if
not the same person or entity, to the Designating Party) by the sixty (60) day
deadline that (1) identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and (2) affirms that the Receiving Party has

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not retained any copies, abstracts, compilations, summaries or any other format

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reproducing or capturing any of the Protected Material. Notwithstanding the

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foregoing, Counsel of Receiving Parties are entitled to retain an archival copy of all

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pleadings, motion papers, discovery pleadings and productions, trial, deposition,

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and 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 materials 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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Confidentiality Agreement as set forth in Section 4 (DURATION).

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Dated: October 10, 2019

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By:

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Ronald O. Kaye
Lindsay Battles

Attorneys for Joseph Barreda,
Nancy Barreda and Arthur Barreda

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KAYE, MCLANE, BEDNARSKI & LITT LLP

Dated: October 10, 2019

LAWRENCE, BEACH, ALLEN & CHOI, PC

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By: /s/ Michael D. Allen
Michael D. Allen

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Attorneys for the City of Downey

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Dated: October 10, 2019

BURKE, WILLIAMS & SORENSEN, LLP

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By: /s/ Martin Kosla
Susan E. Coleman
Martin Kosla

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Attorneys for The GEO Group

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BASED ON THE FOREGOING, AND GOOD CAUSE SHOWING, IT IS SO
ORDERED:
Dated: October 10, 2019

________________________________
Honorable John E. McDermott
United States Magistrate Judge
Central District of California

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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],

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of _______________________________________ [print or type full address],

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declare 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 for

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the Central District of California on ______ [date] in the case of Joseph Barreda vs.

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City of Downey, et al., Case No. 2:19-cv-2508-DSF-JEM.

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I agree to comply with and to be bound by all the terms of the Stipulated

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Protective Order and I understand and acknowledge that failure to comply could

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

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promise that I will not disclose in any manner any information or item that is

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subject to the Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occurs after the

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termination of this action.

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I hereby appoint ____________________________________ [print or type

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full name] at _______________________________________ [print or type full

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

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

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Stipulated Protective Order.

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Date: ________________________________

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Signature:_______________________________

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City and State where sworn and signed: ______________________________

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