Steven Moore v. County of Los Angeles et al

Filing 72

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulated Protective Order 70 . (see document for details) (hr)

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1 2 3 4 5 6 JILL WILLIAMS – State Bar No. 221793 CAYLIN W. JONES – State Bar No. 327829 CARPENTER, ROTHANS & DUMONT, LLP 500 S. Grand Avenue, 19th Floor Los Angeles, CA 90071 (213) 228-0400 / (213) 228-0401 [Fax] / Attorneys for Defendant, County of Los Angeles 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STEVEN MOORE, ) Case No.: 2:20-cv-07751-MWF-AGR ) ) STIPULATION RE PROTECTIVE ) ORDER Plaintiff, ) ) vs. ) ) COUNTY OF LOS ANGELES; ) DEPUTY MEDINA, individually and ) in his official capacity; DEPUTY ROE, ) individually and in his official capacity; ) DEPUTY CERVANTES, individually ) and in his official capacity; DEPUTY ) JUAREZ, individually and in his ) official capacity; OSJ ) ENFORCEMENT DEPUTY ) GORMAN, individually and in his ) official capacity; DOES 1 through 100, ) inclusive. ) ) ) Defendants. ) ) IT IS HEREBY STIPULATED by and among the parties hereto, through their respective counsel of record, as follows: 26 1. A. PURPOSES AND LIMITATIONS 27 Discovery in this action may involve production of confidential, proprietary, 28 or private information for which special protection from public disclosure and -1STIPULATION RE PROTECTIVE ORDER 1 from use for any purpose other than prosecuting this litigation may be warranted. 2 Accordingly, the parties hereby stipulate and petition the Court to enter the 3 following Stipulated Protective Order. The parties acknowledge that this Order 4 does not confer blanket protections on all disclosures or responses to discovery and 5 that the protection it affords from public disclosure and use extends only to the 6 limited information or items that are entitled to confidential treatment under the 7 applicable legal principles. The parties further acknowledge, as set forth in Section 8 12.3, below, that this Stipulated Protective Order does not entitle them to file 9 confidential information under seal; Civil Local Rule 79-5 sets forth the 10 procedures that must be followed and the standards that will be applied when a 11 party seeks permission from the court to file material under seal. 12 B. GOOD CAUSE STATEMENT 13 The parties submit that GOOD CAUSE exists to enter the proposed 14 protective order to balance the plaintiff’s right to discovery with the defendants’ 15 concerns that certain documents may consist of confidential information 16 concerning the parties to this litigation, as well as individuals who are not parties 17 to this litigation, which may be protected by the official information privilege, law 18 enforcement privilege and the right to privacy, as protected by the California and 19 United States Constitution. The parties agree that all documents marked 20 confidential and produced pursuant to this protective order are subject to the terms 21 of this protective unless otherwise ordered by the Court. 22 2. DEFINITIONS 23 2.1 Action: Steven Moore v. County of Los Angeles, et al., Case No. 2:20- 24 25 26 27 28 cv-07751-MWF-AGR. 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for -2STIPULATION RE PROTECTIVE ORDER 1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 2 the Good Cause Statement. 3 4 5 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 6 items that it produces in disclosures or in responses to discovery as 7 “CONFIDENTIAL.” 8 2.6 Disclosure or Discovery Material: all items or information, regardless of 9 the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced 11 or generated in disclosures or responses to discovery in this matter. 12 2.7 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve 14 as an expert witness or as a consultant in this Action. 15 2.8 House Counsel: attorneys who are employees of a party to this Action. 16 House Counsel does not include Outside Counsel of Record or any other outside 17 counsel. 18 19 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 20 2.10 Outside Counsel of Record: attorneys who are not employees of a party 21 to this Action but are retained to represent or advise a party to this Action and have 22 appeared in this Action on behalf of that party or are affiliated with a law firm 23 which has appeared on behalf of that party, and includes support staff. 24 2.11 Party: any party to this Action, including all of its officers, directors, 25 employees, consultants, retained experts, and Outside Counsel of Record (and their 26 support staffs). 27 28 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. -3STIPULATION RE PROTECTIVE ORDER 1 2.13 Professional Vendors: persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 6 7 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 8 from a Producing Party. 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. Any 15 use of Protected Material at trial shall be governed by the orders of the trial judge. 16 This Order does not govern the use of Protected Material at trial. 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 22 with or without prejudice; and (2) final judgment herein after the completion and 23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 24 including the time limits for filing any motions or applications for extension of 25 time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 Each Party or Non-Party that designates information or items for protection -4STIPULATION RE PROTECTIVE ORDER 1 under this Order must take care to limit any such designation to specific material 2 that qualifies under the appropriate standards. The Designating Party must 3 designate for protection only those parts of material, documents, items, or oral or 4 written communications that qualify so that other portions of the material, 5 documents, items, or communications for which protection is not warranted are not 6 swept unjustifiably within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to 10 impose unnecessary expenses and burdens on other parties) may expose the 11 Designating Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that 13 it designated for protection do not qualify for protection, that Designating Party 14 must promptly notify all other Parties that it is withdrawing the inapplicable 15 designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in 17 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 18 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 19 under this Order must be clearly so designated before the material is disclosed or 20 produced. 21 Designation in conformity with this Order requires: 22 (a) for information in documentary form (e.g., paper or electronic 23 documents, but excluding transcripts of depositions or other pretrial or trial 24 proceedings), that the Producing Party affix at a minimum, the legend 25 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 26 contains protected material. If only a portion or portions of the material on a page 27 qualifies for protection, the Producing Party also must clearly identify the 28 protected portion(s) (e.g., by making appropriate markings in the margins). -5STIPULATION RE PROTECTIVE ORDER 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine 7 which documents, or portions thereof, qualify for protection under this Order. 8 Then, before producing the specified documents, the Producing Party must affix 9 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 10 only a portion or portions of the material on a page qualifies for protection, the 11 Producing Party also must clearly identify the protected portion(s) (e.g., by making 12 appropriate markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identify the 14 Disclosure or Discovery Material on the record, before the close of the deposition 15 all protected testimony. 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information is stored the legend 19 “CONFIDENTIAL.” If only a portion or portions of the information warrants 20 protection, the Producing Party, to the extent practicable, shall identify the 21 protected portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 23 failure to designate qualified information or items does not, standing alone, waive 24 the Designating Party’s right to secure protection under this Order for such 25 material. Upon timely correction of a designation, the Receiving Party must make 26 reasonable efforts to assure that the material is treated in accordance with the 27 provisions of this Order. 28 /// -6STIPULATION RE PROTECTIVE ORDER 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be on 8 the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties shall 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under 20 the conditions described in this Order. When the Action has been terminated, a 21 Receiving Party must comply with the provisions of section 13 below (FINAL 22 DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 otherwise ordered by the court or permitted in writing by the Designating Party, a 28 Receiving Party may disclose any information or item designated -7STIPULATION RE PROTECTIVE ORDER 1 2 “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 3 as employees of said Outside Counsel of Record to whom it is reasonably 4 necessary to disclose the information for this Action; the officers, directors, and 5 employees (including House Counsel) of the Receiving Party to whom disclosure 6 is reasonably necessary for this Action; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for this Action; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 18 19 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses ,and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing 21 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 22 they will not be permitted to keep any confidential information unless they sign the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 24 agreed by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material may 26 be separately bound by the court reporter and may not be disclosed to anyone 27 except as permitted under this Stipulated Protective Order; and 28 (i) any mediator or settlement officer, and their supporting personnel, -8STIPULATION RE PROTECTIVE ORDER 1 2 3 4 mutually agreed upon by any of the parties engaged in settlement discussions. 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 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL,” that Party must: 7 8 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order to 10 issue in the other litigation that some or all of the material covered by the subpoena 11 or order is subject to this Protective Order. Such notification shall include a copy 12 of this Stipulated Protective Order; and 13 14 15 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served 16 with the subpoena or court order shall not produce any information designated in 17 this action as “CONFIDENTIAL” before a determination by the court from which 18 the subpoena or order issued, unless the Party has obtained the Designating Party’s 19 permission. The Designating Party shall bear the burden and expense of seeking 20 protection in that court of its confidential material and nothing in these provisions 21 should be construed as authorizing or encouraging a Receiving Party in this Action 22 to disobey a lawful directive from another court. 23 24 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 remedies and relief provided by this Order. Nothing in these provisions should be -9STIPULATION RE PROTECTIVE ORDER 1 2 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 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party that 7 some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 10 Order in this Action, the relevant discovery request(s), and a reasonably specific 11 description of the information requested; and 12 13 14 (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 15 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has 24 disclosed Protected Material to any person or in any circumstance not authorized 25 under this Stipulated Protective Order, the Receiving Party must immediately (a) 26 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 27 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 28 the person or persons to whom unauthorized disclosures were made of all the terms - 10 STIPULATION RE PROTECTIVE ORDER 1 of this Order, and (d) request such person or persons to execute the 2 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 3 A. 4 5 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other 8 protection, the obligations of the Receiving Parties are those set forth in Federal 9 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 10 whatever procedure may be established in an e-discovery order that provides for 11 production without prior privilege review. Pursuant to Federal Rule of Evidence 12 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 13 of a communication or information covered by the attorney-client privilege or 14 work product protection, the parties may incorporate their agreement in the 15 stipulated protective order submitted to the court. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 person to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in 22 this Stipulated Protective Order. Similarly, no Party waives any right to object on 23 any ground to use in evidence of any of the material covered by this Protective 24 Order. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Civil Local Rule 79-5. Protected Material 27 may only be filed under seal pursuant to a court order authorizing the sealing of the 28 specific Protected Material at issue. If a Party’s request to file Protected Material - 11 STIPULATION RE PROTECTIVE ORDER 1 under seal is denied by the court, then the Receiving Party may file the information 2 in the public record unless otherwise instructed by the court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 4, within 5 60 days of a written request by the Designating Party, each Receiving Party must 6 return all Protected Material to the Producing Party or destroy such material. As 7 used in this subdivision, “all Protected Material” includes all copies, abstracts, 8 compilations, summaries, and any other format reproducing or capturing any of the 9 Protected Material. Whether the Protected Material is returned or destroyed, the 10 Receiving Party must submit a written certification to the Producing Party (and, if 11 not the same person or entity, to the Designating Party) by the 60 day deadline that 12 (1) identifies (by category, where appropriate) all the Protected Material that was 13 returned or destroyed and (2)affirms that the Receiving Party has not retained any 14 copies, abstracts, compilations, summaries or any other format reproducing or 15 capturing any of the Protected Material. Notwithstanding this provision, Counsel 16 are entitled to retain an archival copy of all pleadings, motion papers, trial, 17 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 18 and trial exhibits, expert reports, attorney work product, and consultant and expert 19 work product, even if such materials contain Protected Material. Any such archival 20 copies that contain or constitute Protected Material remain subject to this 21 Protective Order as set forth in Section 4 (DURATION). 22 14. Any violation of this Order may be punished by any and all appropriate 23 measures including, without limitation, contempt proceedings and/or monetary 24 sanctions. 25 26 /// 27 /// 28 /// - 12 STIPULATION RE PROTECTIVE ORDER 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: July 12, 2021 LAW OFFICE OF J. BLACKNELL 4 By: 5 6 7 8 9 DATED: July 12, 2021 /s/ Kellen Davis ___________________________________ Jovan Blacknell Kellen Davis Attorneys for Plaintiff CARPENTER, ROTHANS & DUMONT LLP /s/ Jill Williams By: ___________________________________ Jill Williams Caylin W. Jones Attorneys for Defendant, County of Los Angeles 10 11 12 13 14 15 DATED: July 12, 2021 COLLINSON, DAEHNKE, INLOW & GRECO 16 /s/ Laura E. Inlow By: ___________________________________ Laura E. Inlow Attorney for Defendants, Deputies Brandon Garmon and Steve Medina 17 18 19 20 21 22 23 24 25 26 DATED: July 12, 2021 SEKI, NISHIMURA & WATASE, LLP /s/ Janet L. Keuper By: ___________________________________ Gilbert M. Nishimura Janet L. Keuper Attorneys for Defendants, Deputies Dustin Row, Gabriel Juarez and Steven Cervantes 27 28 - 13 STIPULATION RE PROTECTIVE ORDER 1 2 3 DATED: _____________________________________ Honorable Alicia G. Rosenberg United States Magistrate Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 STIPULATION RE PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of ___________ [insert formal name of the case and the 8 number and initials assigned to it by the court]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the terms 16 of this Stipulated Protective Order, even if such enforcement proceedings occur 17 after termination of this action. I hereby appoint __________________________ 18 [print or type full name] of _______________________________________ [print 19 or type full address and telephone number] as my California agent for service of 20 process in connection with this action or any proceedings related to enforcement of 21 this Stipulated Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 - 15 STIPULATION RE PROTECTIVE ORDER

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