Samuel Bonner v. City of Long Beach et al

Filing 41

STIPULATE PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order #40 . [See document for further information] (et)

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SAMUEL BONNER,

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Plaintiff,

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Honorable Maria A. Audero
STIPULATED PROTECTIVE
ORDER

vs.
CITY OF LONG BEACH; COUNTY OF
LOS ANGELES; WILLIAM
COLLETTE; ESTATE OF WILLIAM
COLLETT; JOHN HENRY MILLER;
ESTATE OF JOHN HENRY MILLER;
and DOES 1 through 10, inclusive,

Complaint Filed: April 27, 2022
Trial Date:
None

Defendants.

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Case No.: 2:22-cv-02819-CAS-MAA

1.

PURPOSES AND LIMITATIONS
Discovery in this action is likely to 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.
Accordingly, the parties hereby stipulate to and petition the Court to enter the
following Stipulated Protective Order. The parties acknowledge that this Stipulated
Protective Order does not confer blanket protections on all disclosures or responses
to discovery and that the protection it affords from public disclosure and use extends
only to the limited information or items that are entitled to confidential treatment
under the applicable legal principles. The parties further acknowledge, as set forth in
Section 13.3 below, that this Stipulated Protective Order does not entitle them to file
confidential information under seal; Local Rule 79-5 sets forth the procedures that
must be followed and the standards that will be applied when a party seeks permission
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STIPULATED PROTECTIVE ORDER

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from the Court to file material under seal.

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2.

GOOD CAUSE STATEMENT

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Though Plaintiff may be entitled, in certain limited circumstances, to examine

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and receive information in police officers’ personnel files and internal affairs files, to

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the extent that they are relevant to their claims in the above-captioned action, the City

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of Long Beach (“City”) and the Long Beach Police Department (the “Department”)

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contend that a protective order is necessary to prevent random distribution of such

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information. Furthermore, this proposed protective order was created for the purpose

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of protecting certain information that may be subject to the official information

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privilege, law enforcement privilege, and the right to privacy, as protected by the

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California and United States Constitution, balanced with Plaintiff’s right to discovery

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in this litigation.

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The City, Department, and Defendants herein contend that they have an interest

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in protecting their privacy rights relating to information in City officers’ personnel

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files as well as the privacy rights of third parties and other related information.

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It is the policy of the Department not to disclose information contained in

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background investigations about its employees, or other information contained in

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confidential police personnel files unless ordered to do so by a court of competent

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jurisdiction. Further, it is the policy of the Department not to disclose information

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contained in police reports to those other than the parties involved in the incident,

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their representatives, prosecutors, etc. unless ordered to do so by a court of competent

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jurisdiction.

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Within the Department, access to personnel files is restricted to those on a

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“need to know” basis. Controlled access to the files is regarded by the Department as

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essential in order to assure the integrity and security of such files. The Department

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contends that uncontrolled disclosure of such information can disrupt the

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Department’s vital, day-to-day operations, erode the integrity and security of the

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confidential personnel and related files, affect the morale of Department’s personnel,
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STIPULATED PROTECTIVE ORDER

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and frustrate the legitimate purposes of gathering the information in these files,

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including adversely impacting disciplinary procedures within the Department.

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With respect to police reports, unfettered access is not granted to the public.

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Instead, access is restricted to those investigating the incident, involved in the incident

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or their representatives, those who are prosecuting and/or defending those involved,

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and those who maintain the records. The Department contends that controlled access

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is necessary to not only assure the integrity and security of said files, but also to ensure

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the privacy rights of those involved especially third-party witnesses and minors are

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protected. Permitting uncontrolled disclosure can disrupt the Department’s day-to-

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day operations, including but not limited to adversely impacting the Department’s

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ability to thoroughly investigate incidents.

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Further, the Department contends that information contained in the requested

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material case files is gathered and maintained in confidence by the Department. The

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information gathered in these case files generally includes the statements of third-

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party witnesses collected in confidence. Witnesses are told that the confidentiality of

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their statement will be protected and that they are for the confidential use of the

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Department. The Department believes that uncontrolled release of this information

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would cause needless intrusion into and violation of privacy rights.

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In light of the nature of the claims and allegations in this case and the parties’

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representations that discovery in this case will involve the production of confidential

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records, and in order to expedite the flow of information, to facilitate the prompt

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resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that the

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parties are permitted reasonable necessary uses of such material in connection with

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this action, to address their handling of such material at the end of the litigation, and

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to serve the ends of justice, a protective order for such information is justified in this

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matter. The parties shall not designate any information/documents as confidential

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without a good faith belief that such information/documents have been maintained in
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STIPULATED PROTECTIVE ORDER

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a confidential, non-public manner, and that there is good cause or a compelling reason

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why it should not be part of the public record of this case.

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3.

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DEFINITIONS
3.1 Action:

2:22-cv-02819-CAS-MAA, Samuel Bonner vs. City of Long

Beach, et al.
3.2 Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Stipulated Protective Order.

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3.3. “CONFIDENTIAL” Information or Items: Information (regardless of how

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

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as
their support staff).

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3.5. Designating Party: A Party or Nonparty that designates information or

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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3.6. Disclosure or Discovery Material: All items or information, regardless of

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

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among other things, testimony, transcripts, and tangible things), that is produced or

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generated in disclosures or responses to discovery in this matter.

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

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

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an expert witness or as a consultant in this Action.

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3.8. In-House Counsel: Attorneys who are employees of a party to this Action.

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In-House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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3.9. Nonparty: Any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
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STIPULATED PROTECTIVE ORDER

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3.10. Outside Counsel of Record: Attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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3.11. Party: Any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, In-House Counsel, and Outside Counsel of

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Record (and their support staffs).
3.12. Producing Party: A Party or Nonparty that produces Disclosure or

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Discovery Material in this Action.

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3.13. Professional Vendors: Persons or entities that provide litigation support

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

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

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and their employees and subcontractors.
3.14. Protected Material: Any Disclosure or Discovery Material that is

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

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from a Producing Party.

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4.

SCOPE

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The protections conferred by this Stipulated Protective Order cover not only

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Protected Material, but also (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 might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Stipulated Protective Order does not govern the use of Protected

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Material at trial.

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5.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations
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STIPULATED PROTECTIVE ORDER

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imposed by this Stipulated Protective Order shall remain in effect until a Designating

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Party agrees otherwise in writing or a court order otherwise directs. Final disposition

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shall be deemed to be the later of (1) dismissal of all claims and defenses in this

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Action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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6.

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DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Nonparty that designates information or items for

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protection under this Stipulated Protective Order must take care to limit any

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such designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only those parts

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of material, documents, items, or oral or written communications that qualify

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so that other portions of the material, documents, items, or communications for

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which protection is not warranted are not swept unjustifiably within the ambit

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of this Stipulated Protective Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made

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for an improper purpose (e.g., to unnecessarily encumber the case development

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process or to impose unnecessary expenses and burdens on other parties) may

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expose the Designating Party to sanctions.

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6.2.

Manner and Timing of Designations.

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Except as otherwise provided in this Stipulated Protective Order (see,

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e.g., Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or

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Discovery Material that qualifies for protection under this Stipulated Protective

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Order must be clearly so designated before the material is disclosed or

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produced.
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STIPULATED PROTECTIVE ORDER

Designation in conformity with this Stipulated Protective Order requires

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the following:

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(a)

For information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or

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trial proceedings), that the Producing Party affix at a minimum, the

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legend “CONFIDENTIAL” to each page that contains protected

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

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for protection, the Producing Party also must clearly identify the

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

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A Party or Nonparty that makes original documents available for

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inspection need not designate them for protection until after the

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inspecting Party has indicated which documents it would like copied and

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produced. During the inspection and before the designation, all of the

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material

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“CONFIDENTIAL.” After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection

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under this Stipulated Protective Order. Then, before producing the

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specified documents, the Producing Party must affix the legend

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

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

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protection, the Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins).

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(b)

made

available

for

inspection

shall

be

deemed

For testimony given in depositions, that the Designating Party identify

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the Disclosure or Discovery Material on the record, before the close of

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the deposition, all protected testimony.

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(c)

For information produced in nondocumentary form, and for any other
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STIPULATED PROTECTIVE ORDER

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tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored

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the legend “CONFIDENTIAL.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the extent

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practicable, shall identify the protected portion(s).
6.3.

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Inadvertent Failure to Designate.

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If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating

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Party’s right to secure protection under this Stipulated Protective Order

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

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

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in accordance with the provisions of this Stipulated Protective Order.

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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

Timing of Challenges.

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Any Party or Nonparty may challenge a designation of

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confidentiality at any time that is consistent with the Court’s Scheduling

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Order.

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7.2.

Meet and Confer.

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The Challenging Party shall initiate the dispute resolution process,

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which shall comply with Local Rule 37.1 et seq., and with Section 4 of

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Judge Audero’s Procedures (“Mandatory Telephonic Conference for

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Discovery Disputes”).

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7.3

Burden of Persuasion.

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The burden of persuasion in any such challenge proceeding shall

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

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an improper purpose (e.g., to harass or impose unnecessary expenses and

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

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Similarly, frivolous or improper confidential designations may likewise
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STIPULATED PROTECTIVE ORDER

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subject the Designating Party to sanctions. Unless the Designating Party

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has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to

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which it is entitled under the Producing Party’s designation until the

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Court rules on the challenge.

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8.

ACCESS TO AND USE OF PROTECTED MATERIALS
8.1.

Basic Principles.

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A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Nonparty in connection with this

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

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

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of persons and under the conditions described in this Stipulated

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Protective Order. When the Action reaches a final disposition, a

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Receiving Party must comply with the provisions of Section 14 below.

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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 that access is

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limited to the persons authorized under this Stipulated Protective Order.

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8.2.

Disclosure of “CONFIDENTIAL” Information or Items.

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Unless otherwise ordered by the Court or permitted in writing by

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the Designating Party, a Receiving Party may disclose any information

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or item designated “CONFIDENTIAL” only to:

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(a)

The Receiving Party’s Outside Counsel of Record, as well as

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employees of said Outside Counsel of Record to whom it is

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reasonably necessary to disclose the information for this Action;

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(b)

The officers, directors, and employees (including In-House

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Counsel) of the Receiving Party to whom disclosure is reasonably

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necessary for this Action;

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(c)

Experts of the Receiving Party to whom disclosure is reasonably
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STIPULATED PROTECTIVE ORDER

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necessary

for

this

Action

and

who

have

signed

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

the

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(d)

The Court and its personnel;

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(e)

Court reporters and their staff;

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(f)

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary

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or this Action and who have signed the “Acknowledgment and

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Agreement to be Bound” (Exhibit A);
(g)

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The author or recipient of a document containing the information

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or a custodian or other person who otherwise possessed or knew

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the information;
(h)

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During their depositions, witnesses, and attorneys for witnesses,

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in the Action to whom disclosure is reasonably necessary

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provided: (i) the deposing party requests that the witness sign the

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

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(ii) the witness will not be permitted to keep any confidential

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information unless they sign the “Acknowledgment and

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Agreement to Be Bound,” unless otherwise agreed by the

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Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court reporter

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and may not be disclosed to anyone except as permitted under this

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Stipulated Protective Order; and
(i)

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Any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged in

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settlement discussions.

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9.

PROTECTED

MATERIAL

SUBPOENAED

PRODUCED IN OTHER LITIGATION
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STIPULATED PROTECTIVE ORDER

OR

ORDERED

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

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that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must:
(a)

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Promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

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(b)

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Promptly notify in writing the party who caused the subpoena or order

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to issue in the other litigation that some or all of the material covered by

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the subpoena or order is subject to this Stipulated Protective Order. Such

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notification shall include a copy of this Stipulated Protective Order; and
(c)

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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 action

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as “CONFIDENTIAL” before a determination by the Court from which the subpoena

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or order issued, unless the Party has obtained the Designating Party’s permission. The

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

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of its confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a lawful

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directive from another court.

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10.

A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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10.1. Application.

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The terms of this Stipulated Protective Order are applicable to

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information produced by a Nonparty in this Action and designated as

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“CONFIDENTIAL.” Such information produced by Nonparties in

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connection with this litigation is protected by the remedies and relief

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provided by this Stipulated Protective Order. Nothing in these provisions

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should be construed as prohibiting a Nonparty from seeking additional
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STIPULATED PROTECTIVE ORDER

protections.

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10.2. Notification.

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In the event that a Party is required, by a valid discovery request,

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to produce a Nonparty’s confidential information in its possession, and

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the Party is subject to an agreement with the Nonparty not to produce the

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Nonparty’s confidential information, then the Party shall:

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(a)

Promptly notify in writing the Requesting Party and the Nonparty
that some or all of the information requested is subject to a

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confidentiality agreement with a Nonparty;

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(b)

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Promptly provide the Nonparty with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s),

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and a reasonably specific description of the information requested;

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and
(c)

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Make the information requested available for inspection by the
Nonparty, if requested.

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10.3. Conditions of Production.

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If the Nonparty fails to seek a protective order from this Court

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within fourteen (14) days after receiving the notice and accompanying

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information, the Receiving Party may produce the Nonparty’s

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confidential information responsive to the discovery request. If the

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Nonparty timely seeks a protective order, the Receiving Party shall not

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produce any information in its possession or control that is subject to the

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confidentiality agreement with the Nonparty before a determination by

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the Court. Absent a court order to the contrary, the Nonparty shall bear

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the burden and expense of seeking protection in this Court of its

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Protected Material.

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11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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STIPULATED PROTECTIVE ORDER

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

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

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Stipulated Protective Order, the Receiving Party immediately must (1) notify in

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writing the Designating Party of the unauthorized disclosures, (2) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (3) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this

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Stipulated Protective Order, and (4) request such person or persons to execute the

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“Acknowledgment and Agreement to be Bound” (Exhibit A).

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12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the Stipulated Protective Order submitted

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to the Court.

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13.

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MISCELLANEOUS
13.1. Right to Further Relief.
Nothing in this Stipulated Protective Order abridges the right of
any person to seek its modification by the Court in the future.
13.2. Right to Assert Other Objections.

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By stipulating to the entry of this Stipulated Protective Order, no

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Party waives any right it otherwise would have to object to disclosing or

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producing any information or item on any ground not addressed in this
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STIPULATED PROTECTIVE ORDER

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Stipulated Protective Order. Similarly, no Party waives any right to

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object on any ground to use in evidence of any of the material covered

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by this Stipulated Protective Order.
13.3. Filing Protected Material.

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A Party that seeks to file under seal any Protected Material must

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comply with Local Rule 79-5. Protected Material may only be filed

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under seal pursuant to a court order authorizing the sealing of the specific

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Protected Material at issue. If a Party's request to file Protected Material

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under seal is denied by the Court, then the Receiving Party may file the

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information in the public record unless otherwise instructed by the Court.

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14.

FINAL DISPOSITION

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After the final disposition of this Action, within sixty (60) days of a written

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request by the Designating Party, each Receiving Party must return all Protected

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Material to the Producing Party or destroy such material. As used in this subdivision,

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“all Protected Material” includes all copies, abstracts, compilations, summaries, and

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any other format reproducing or capturing any of the Protected Material. The

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Receiving Party must submit a written certification to the Producing Party (and, if not

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the same person or entity, to the Designating Party) by the 60-day deadline that (1)

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identifies (by category, where appropriate) all Protected Material that was received

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during the pendency of this Action, (2) certifies that all Protected Material was either

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returned or destroyed, and (3) affirms that the Receiving Party has not retained any

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copies, abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Protected Material. Notwithstanding this provision, Counsel is

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entitled to retain an archival copy of all pleadings; motion papers; 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 copies

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that contain or constitute Protected Material remain subject to this Stipulated
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STIPULATED PROTECTIVE ORDER

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Protective Order as set forth in Section 5.

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15.

VIOLATION

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Any violation of this Stipulated Order may be punished by any and all

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appropriate measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: November 17, 2022

______/s/Gregory Peacock____
Attorneys for Plaintiff
SAMUEL BONNER

DATED: November 17, 2022

______/s/ Matthew M. Peters___
Attorneys for Defendant
CITY OF LONG BEACH

DATED: November 17, 2022

______/s/ James Sargent______
Attorneys for Defendant
COUNTY OF LOS ANGELES

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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November 18, 2022
DATED: _________________

__________________________
Maria A. Audero
United States Magistrate Judge

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ATTESTATION OF CONCURRENCE FROM ALL SIGNATORIES
In compliance with Local Rule 5-4.3.4(a)(2)(i), I, Matthew M. Peters, hereby
attest that all other signatories listed, and on whose behalf the filing is submitted,
concur in the filing’s content and have authorized the filing.
DATED: November 17, 2022

By: /s/ Matthew M. Peters
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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _______________________ [full name], of __________________

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________________ [address], declare under penalty of perjury that I have read in its

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entirety and understand the Stipulated Protective Order that was issued by the United

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States District Court for the Central District of California on ________________

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[date] in the case of ____________________________________________________

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[case name and number]. I agree to comply with and to be bound by all the terms of

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this Stipulated Protective Order, and I understand and acknowledge that failure to so

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

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

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

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compliance with the provisions of this Stipulated Protective 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 occur after

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termination of this action. I hereby appoint ________________________ [full name]

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of ________________________________________ [address and telephone number]

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as my California agent for service of process in connection with this action or any

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proceedings related to enforcement of this Stipulated Protective Order.

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Signature:

__________________________

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Printed Name:

__________________________

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Date:

__________________________

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City and State Where Sworn and Signed:

__________________________

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STIPULATED PROTECTIVE ORDER