I.A., et al v. City of Redondo Beach, et al

Filing 23

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order #20 . * Note: Changes Made by the Court* [See document for further details.] (et)

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1 Mildred K. O'Linn (State Bar No. 159055) mko@manningllp.com 2 Michael Watts (State Bar No. 312210) mrw@manningllp.com 3 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4 801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 5 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendant, CITY OF 7 REDONDO BEACH, NOTE: CHANGES MADE BY THE COURT 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 I.A., a minor, by and through his guardian ad litem Willnicka Renee 12 Pollard, individually and as successorin-interest to Sergio Richard Acosta, Jr., 13 deceased, SERGIO ACOSTA, and DELMY ACOSTA ARELY 14 Plaintiffs, 15 v. 16 CITY OF REDONDO BEACH, a 17 municipality, and DOES 1 to 10, inclusive, 18 Defendants. 19 Case No. 2:20-cv-06447 DDP (JPRx) District Judge: Dean D. Pregerson; Magistrate Judge: Jean P. Rosenbluth STIPULATED PROTECTIVE ORDER DISCOVERY MATTER File Date: Trial Date: 07/20/20 N/A 20 1. INTRODUCTION 21 1.1 22 Discovery in this action may involve production of confidential, proprietary, PURPOSES AND LIMITATIONS 23 or private information for which special protection from public disclosure and from 24 use for any purpose other than prosecuting this litigation may be warranted. 25 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 26 following Stipulated Protective Order. The Parties acknowledge that this Order 27 does not confer blanket protections on all disclosures or responses to discovery and 28 that the protection it affords from public disclosure and use extends only to the STIPULATED PROTECTIVE ORDER 1 limited information or items that are entitled to confidential treatment under the 2 applicable legal principles. The Parties further acknowledge, as set forth in Section 3 12.3 below, that this Order does not entitle them to file Confidential Information 4 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed 5 and the standards that will be applied when a Party seeks permission from the Court 6 to file material under seal. 7 1.2 GOOD CAUSE STATEMENT 8 This action involves the officer-involved shooting of Sergio Acosta on July 9 26, 2018. Following the shooting, the Los Angeles County District Attorney’s 10 (“LADA”) office conducted an investigation into the shooting. The LADA’s 11 investigative report concerning the shooting contains numerous police reports, 12 witness statements, reports of evidence analysis prepared by the Los Angeles 13 County Crime Lab, and numerous audio and video recordings, among other items 14 (collectively, “LADA Report”). Other law enforcement agencies, including the Los 15 Angeles County Sheriff's Department and defendant City of Redondo Beach, may 16 also have performed some aspects of this investigation or have performed related 17 investigations that may involve officer personnel records or other confidential 18 information. Special protection of these documents from public disclosure and from 19 use for any purpose other than the prosecution, defense, and attempted settlement of 20 this action may be warranted. Public disclosures of such confidential and 21 proprietary materials and information, information otherwise generally unavailable 22 to the public, may be privileged or otherwise protected from disclosure under state 23 or federal statutes, court rules, case decisions, or common law. Accordingly, to 24 expedite the flow of information, to facilitate the prompt resolution of disputes over 25 confidentiality of discovery materials, to adequately protect information the parties 26 are entitled to keep confidential, to ensure that the parties are permitted reasonable 27 necessary uses of such material in preparation for and in the conduct of trial, to 28 address their handling at the end of the litigation, and serve the ends of justice, a 2 STIPULATED PROTECTIVE ORDER 1 protective order for such information is justified in this matter. It is the intent of the 2 parties that information will not be designated as confidential for tactical reasons 3 and that nothing be so designated without a good faith belief that it has been 4 maintained in a confidential, non-public manner, and there is good cause why it 5 should not be part of the public record of this case. 6 2. DEFINITIONS 7 2.1 Action: this pending federal lawsuit. 8 2.2 Challenging Party: a Party or Nonparty that challenges the designation 9 of information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 how it is generated, stored, or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the 13 Good Cause Statement. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 15 their agents, including but not limited to investigators, and support staff). 16 2.5 Designating Party: a Party or Nonparty that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless 20 of the medium or manner in which it is generated, stored, or maintained (including, 21 among other things, testimony, transcripts, and tangible things), that are produced or 22 generated in disclosures or responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this action. 26 2.8 House Counsel: attorneys who are employees of a Party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 28 counsel. 3 STIPULATED PROTECTIVE ORDER 1 2.9 Nonparty: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a 4 Party to this Action but are retained to represent or advise a Party and have appeared 5 in this Action on behalf of that Party or are affiliated with a law firm that has 6 appeared on behalf of that Party, including support staff. 7 2.11 Party: any Party to this Action, including all of its officers, directors, 8 employees, consultants, translators, agents, retained experts, and Outside Counsel of 9 Record (and their support staffs). 10 2.12 Producing Party: a Party or Nonparty that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation 13 support services (for example, photocopying, videotaping, translating, preparing 14 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or 15 medium) and their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above) but also any information copied or extracted 23 from Protected Material; all copies, excerpts, summaries, or compilations of 24 Protected Material; and any testimony, conversations, or presentations by Parties or 25 their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial will be governed by the orders of the 27 trial judge. This Order does not govern the use of Protected Material at trial. 28 /// 4 STIPULATED PROTECTIVE ORDER 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order will remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition is the later 5 of (1) dismissal of all claims and defenses in this Action, with or without prejudice, 6 or (2) final judgment after the completion and exhaustion of all appeals, rehearings, 7 remands, trials, or reviews of this Action, including the time limits for filing any 8 motions or applications for extension of time under applicable law. 9 5. 10 DESIGNATING PROTECTED MATERIAL 5.1 Each Party or Nonparty that designates information or items for 11 protection under this Order must take care to limit any such designation to specific 12 material that qualifies under the appropriate standards. The Designating Party must 13 designate for protection only those parts of material, documents, items, or oral or 14 written communications that qualify so that other portions of the material, 15 documents, items, or communications for which protection is not warranted are not 16 swept unjustifiably within the ambit of this Order. 17 Mass, indiscriminate, or routinized designations are prohibited. Designations 18 that are shown to be clearly unjustified or that have been made for an improper 19 purpose (for example, to unnecessarily encumber the case-development process or 20 to impose unnecessary expenses and burdens on other parties) may expose the 21 Designating Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items it 23 designated for protection do not qualify for that level of protection, that Designating 24 Party must promptly notify all other Parties that it is withdrawing the inapplicable 25 designation. 26 5.2 Except as otherwise provided in this Order, Disclosure or Discovery 27 Material that qualifies for protection under this Order must be clearly so designated 28 before the material is disclosed or produced. 5 STIPULATED PROTECTIVE ORDER 1 Designation in conformity with this Order requires the following: 2 (a) for information in documentary form (for example, paper or electronic 3 documents but excluding transcripts of depositions or other pretrial or trial 4 proceedings), the Producing Party must affix at a minimum the legend 5 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 6 or portions of the material on a page qualify for protection, the Producing Party 7 must clearly identify the protected portion(s) (for example, by making appropriate 8 markings in the margins). 9 A Party or Nonparty that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and 12 before the designation, all material made available for inspection must be treated as 13 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 14 wants copied and produced, the Producing Party must determine which documents, 15 or portions thereof, qualify for protection under this Order. Then, before producing 16 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 17 legend to each page that contains Protected Material. If only a portion or portions of 18 the material on a page qualify for protection, the Producing Party also must clearly 19 identify the protected portion(s) (for example, by making appropriate markings in 20 the margins). 21 (b) for testimony given in depositions, the Designating Party must identify 22 the Disclosure or Discovery Material that is protected on the record, before the close 23 of the deposition. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, the Producing Party must affix in a prominent place on the 26 exterior of the container or containers in which the information is stored the legend 27 “CONFIDENTIAL.” If only a portion or portions of the information warrant 28 6 STIPULATED PROTECTIVE ORDER 1 protection, the Producing Party, to the extent practicable, must identify the protected 2 portion(s). 3 5.3 If timely corrected, an inadvertent failure to designate qualified 4 information or items does not, standing alone, waive the Designating Party’s right to 5 secure protection under this Order for that material. On timely correction of a 6 designation, the Receiving Party must make reasonable efforts to assure that the 7 material is treated in accordance with the provisions of this Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Any Party or Nonparty may challenge a designation of confidentiality 10 at any time consistent with the Court’s scheduling order. 11 6.2 The Challenging Party must initiate the dispute-resolution process (and, 12 if necessary, file a discovery motion) under Local Rule 37. 13 6.3 The burden of persuasion in any such proceeding is on the Designating 14 Party. Frivolous challenges, and those made for an improper purpose (for example, 15 to harass or impose unnecessary expenses and burdens on other parties), may expose 16 the Challenging Party to sanctions. Unless the Designating Party has waived or 17 withdrawn the confidentiality designation, all parties must continue to afford the 18 material in question the level of protection to which it is entitled under the 19 Producing Party’s designation until the Court rules on the challenge. 20 7. ACCESS TO AND USE OF PROTECTED MATERIAL 21 7.1 A Receiving Party may use Protected Material that is disclosed or 22 produced by another Party or by a Nonparty in connection with this Action only for 23 prosecuting, defending, or attempting to settle this Action. Such Protected Material 24 may be disclosed only to the categories of people and under the conditions described 25 in this Order. When the Action has been terminated, a Receiving Party must comply 26 with the provisions of Section 13 below (FINAL DISPOSITION). 27 28 7 STIPULATED PROTECTIVE ORDER 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a manner sufficiently secure to ensure that access is limited to the 3 people authorized under this Order. 4 7.2 Unless otherwise ordered by the Court or permitted in writing by the 5 Designating Party, a Receiving Party may disclose any information or item 6 designated “CONFIDENTIAL” only to the following people: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 8 well as employees of that Outside Counsel of Record to whom it is reasonably 9 necessary to disclose the information for this Action; 10 (b) the officers, directors, and employees (including House Counsel) of 11 the Receiving Party to whom disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the Court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses and attorneys for witnesses to 23 whom disclosure is reasonably necessary, provided that the deposing party requests 24 that the witness sign the form attached as Exhibit A hereto and the witnesses will 25 not be permitted to keep any confidential information unless they sign the form, 26 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of 27 transcribed deposition testimony or exhibits to depositions that reveal Protected 28 8 STIPULATED PROTECTIVE ORDER 1 Material may be separately bound by the court reporter and may not be disclosed to 2 anyone except as permitted under this Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed on by any of the Parties engaged in settlement discussions or 5 appointed by the Court. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 that compels disclosure of any information or items designated in this Action as 10 “CONFIDENTIAL,” that Party must 11 (a) promptly notify in writing the Designating Party. Such notification 12 must include a copy of the subpoena or court order unless prohibited by law; 13 (b) promptly notify in writing the party who caused the subpoena or order 14 to issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification must include 16 a copy of this Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order should not produce any information designated in this 21 action as “CONFIDENTIAL” before a determination on the protective-order request 22 by the relevant court unless the Party has obtained the Designating Party’s 23 permission. The Designating Party bears the burden and expense of seeking 24 protection of its Confidential Material, and nothing in these provisions should be 25 construed as authorizing or encouraging a Receiving Party in this Action to disobey 26 a lawful directive from another court. 27 /// 28 /// 9 STIPULATED PROTECTIVE ORDER 1 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 5 protected by the remedies and relief provided by this Order. Nothing in these 6 provisions should be construed as prohibiting a Nonparty from seeking additional 7 protections. 8 (b) In the event that a Party is required by a valid discovery request to 9 produce a Nonparty’s Confidential Information in its possession and the Party is 10 subject to an agreement with the Nonparty not to produce the Nonparty’s 11 Confidential Information, then the Party must 12 (1) promptly notify in writing the Requesting Party and the Nonparty 13 that some or all of the information requested is subject to a confidentiality 14 agreement with a Nonparty; 15 (2) promptly provide the Nonparty with a copy of this Order, the 16 relevant discovery request(s), and a reasonably specific description of the 17 information requested; and 18 (3) make the information requested available for inspection by the 19 Nonparty, if requested. 20 (c) If the Nonparty fails to seek a protective order within 21 days of 21 receiving the notice and accompanying information, the Receiving Party may 22 produce the Nonparty’s Confidential Information responsive to the discovery 23 request. If the Nonparty timely seeks a protective order, the Receiving Party must 24 not produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Nonparty before a ruling on the protective-order 26 request. Absent a court order to the contrary, the Nonparty must bear the burden 27 and expense of seeking protection of its Protected Material. 28 /// 10 STIPULATED PROTECTIVE ORDER 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Order, the Receiving Party must immediately notify the Designating Party in writing 5 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized 6 copies of the Protected Material, inform the person or people to whom unauthorized 7 disclosures were made of the terms of this Order, and ask that person or people to 8 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 9 as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). 16 12. MISCELLANEOUS 17 12.1 Nothing in this Order abridges the right of any person to seek its 18 modification by the Court. 19 12.2 By stipulating to the entry of this Order, no Party waives any right it 20 otherwise would have to object to disclosing or producing any information or item 21 on any ground not addressed in this Order. Similarly, no Party waives any right to 22 object on any ground to use in evidence of any of the material covered by this 23 Order. 24 12.3 A Party that seeks to file under seal any Protected Material must 25 comply with Civil Local Rule 79-5. Protected Material may be filed under seal only 26 pursuant to a court order authorizing the sealing of the specific Protected Material at 27 issue. If a Party's request to file Protected Material under seal is denied, then the 28 11 STIPULATED PROTECTIVE ORDER 1 Receiving Party may file the information in the public record unless otherwise 2 instructed by the Court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 4, within 60 5 days of a written request by the Designating Party, each Receiving Party must return 6 all Protected Material to the Producing Party or destroy such material. As used in 7 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 8 summaries, and any other format reproducing or capturing any of the Protected 9 Material. Whether the Protected Material is returned or destroyed, the Receiving 10 Party must submit a written certification to the Producing Party (and, if not the same 11 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 12 category, when appropriate) all the Protected Material that was returned or 13 destroyed and affirms that the Receiving Party has not retained any copies, abstracts, 14 compilations, summaries, or any other format reproducing or capturing any of the 15 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 16 archival copy of all pleadings; motion papers; trial, deposition, and hearing 17 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 18 reports; attorney work product; and consultant and expert work product even if such 19 materials contain Protected Material. Any such archival copies that contain or 20 constitute Protected Material remain subject to this Order as set forth in Section 4 21 (DURATION). 22 /// 23 /// 24 /// 25 /// 26 27 28 12 STIPULATED PROTECTIVE ORDER 1 14. SANCTIONS 2 Any willful violation of this Order may be punished by civil or criminal 3 contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 4 other appropriate action at the discretion of the Court. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 DATED: September 8, 2020 8 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP By: 9 10 11 12 13 DATED: September 8, 2020 /s/ Michael Watts Mildred K. O'Linn, Esq. Michael Watts, Esq. Attorneys for Defendant, CITY OF REDONDO BEACH BROWNE GEORGE ROSS LLP 14 By: 15 16 17 18 19 DATED: September 8, 2020 /s/ Eric M. George Eric M. George, Esq. Thomas P. O'Brien, Esq. Ivy A. Wang, Esq. Attorneys for Plaintiffs LAW OFFICES OF TRENT COPELAND 20 By: 21 22 /s/ Trent Copeland Trent Copeland, Esq. Attorneys for Plaintiffs 23 24 IT IS SO ORDERED. 25 DATED: September 10, 2020 26 Hon. Jean P. Rosenbluth United States Magistrate Judge 27 28 13 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the U.S. District Court 7 for the Central District of California on [date] in the case of ___________ [insert 8 case name and number]. I agree to comply with and to be bound by all terms of 9 this Stipulated Protective Order, and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment, including contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the U.S. District Court for the 15 Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [full 18 name] of _______________________________________ [full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 14 STIPULATED PROTECTIVE ORDER

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