Lucius Taylor v. County of Los Angeles et al

Filing 15

PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order 14 . (see document for details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 11 LUCIUS TAYLOR 12 13 14 15 CASE NO.: 2:23-cv-01046-GW-JDE Plaintiff STIPULATED PROTECTIVE ORDER v. COUNTY OF LOS ANGELES; and DOES 1 through 10, inclusive, 16 Defendants. 17 18 19 20 21 Based on the Parties’ Stipulation (Dkt. 14) and for good cause shown, the Court finds and orders as follows. 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than pursuing this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the 26 Court to enter the following Stipulated Protective Order. The parties 27 acknowledge that this Order does not confer blanket protections on all 28 disclosures or responses to discovery and that the protection it affords from ______________________________________________________________________________ -1STIPULATED PROTECTIVE ORDER 1 public disclosure and use extends only to the limited information or items that 2 are entitled to confidential treatment under the applicable legal principles. 3 2. GOOD CAUSE STATEMENT 4 Good cause exists for entry of this order as Plaintiff is seeking and 5 Defendant may produce, among other things, internal, security sensitive, third 6 party and law enforcement private and confidential information, administrative and 7 institutional documents, which contain sensitive information that the County of 8 Los Angeles believes need special protection from public disclosure. 9 The documents identified in this Protective Order, which Defendant believes 10 in good faith constitute or embody confidential information which the County of 11 Los Angeles maintains as strictly confidential and are otherwise generally 12 unavailable to the public, or which may be privileged or otherwise protected from 13 disclosure under state or federal statutes, court rules, case decisions, or common 14 law, are therefore entitled to heightened protection from disclosure. Accordingly, 15 to expedite the flow of information, to facilitate the prompt resolution of disputes 16 over confidentiality of discovery materials, to adequately protect information the 17 parties are entitled to keep confidential, to ensure that the parties are permitted 18 reasonable necessary uses of such material in preparation for and in the conduct of 19 trial, to address their handling at the end of the litigation, and serve the ends of 20 justice, a protective order for such information is justified in this matter. It is the 21 intent of the parties that information will not be designated as confidential for 22 tactical reasons and that nothing be so designated without a good faith belief that it 23 has been maintained in a confidential, non-public manner, and there is good cause 24 why it should not be part of the public record of this case. 25 26 27 28 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE The parties further acknowledge, as set forth in Section 14.3, below, that this Stipulated Protective Order does not entitle them to file confidential ______________________________________________________________________________ -2STIPULATED PROTECTIVE ORDER 1 information under seal; Local Civil Rule 79-5 sets forth the procedures that 2 must be followed and the standards that will be applied when a party seeks 3 permission from the court to file material under seal. There is a strong 4 presumption that the public has a right of access to judicial proceedings and 5 records in civil cases. In connection with non-dispositive motions, good cause 6 must be shown to support a filing under seal. See Kamakana v. City and 7 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 8 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 9 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 10 protective orders require good cause showing), and a specific showing of good 11 cause or compelling reasons with proper evidentiary support and legal 12 justification, must be made with respect to Protected Material that a party 13 seeks to file under seal. The parties’ mere designation of Disclosure or 14 Discovery Material as CONFIDENTIAL does not— without the submission 15 of competent evidence by declaration, establishing that the material sought to 16 be filed under seal qualifies as confidential, privileged, or otherwise 17 protectable—constitute good cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, 19 then compelling reasons, not only good cause, for the sealing must be shown, 20 and the relief sought shall be narrowly tailored to serve the specific interest to 21 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th 22 Cir. 2010). For each item or type of information, document, or thing sought to 23 be filed or introduced under seal, the party seeking protection must articulate 24 compelling reasons, supported by specific facts and legal justification, for the 25 requested sealing order. Again, competent evidence supporting the application 26 to file documents under seal must be provided by declaration. 27 28 Any document that is not confidential, privileged, or otherwise protectable in its entirety will not be filed under seal if the confidential portions ______________________________________________________________________________ -3STIPULATED PROTECTIVE ORDER 1 can be redacted. If documents can be redacted, then a redacted version for 2 public viewing, omitting only the confidential, privileged, or otherwise 3 protectable portions of the document, shall be filed. Any application that seeks 4 to file documents under seal in their entirety should include an explanation of 5 why redaction is not feasible. 6 4. DEFINITIONS 7 4.1 Action: Lucius Taylor v. County of Los Angeles, et al., Case No. 2:23- 8 9 10 11 CV-01046-GW-JDE . 4.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 4.3 “CONFIDENTIAL” Information or Items: information 12 (regardless of how it is generated, stored or maintained) or tangible things that 13 qualify for protection under Federal Rule of Civil Procedure 26(c), and as 14 specified above in the Good Cause Statement. 15 16 17 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 4.5 Designating Party: a Party or Non-Party that designates 18 information or items that it produces in disclosures or in responses to discovery 19 as “CONFIDENTIAL.” 20 4.6 Disclosure or Discovery Material: all items or information, 21 regardless of the medium or manner in which it is generated, stored, or 22 maintained (including, among other things, testimony, transcripts, and tangible 23 things), that are produced or generated in disclosures or responses to discovery. 24 4.7 Expert: a person with specialized knowledge or experience in a 25 matter pertinent to the litigation who has been retained by a Party or its 26 counsel to serve as an expert witness or as a consultant in this Action. 27 4.8 House Counsel: attorneys who are employees of a party to this 28 ______________________________________________________________________________ -4STIPULATED PROTECTIVE ORDER 1 Action. House Counsel does not include Outside Counsel of Record or any 2 other outside counsel. 3 4 5 4.9 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 4.10 Outside Counsel of Record: attorneys who are not employees of a 6 party to this Action but are retained to represent a party to this Action and 7 have appeared in this Action on behalf of that party or are affiliated with a law 8 firm that has appeared on behalf of that party, and includes support staff. 9 4.11 Party: any party to this Action, including all of its officers, 10 directors, employees, consultants, retained experts, and Outside Counsel of 11 Record (and their support staffs). 12 13 14 4.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 4.13 Professional Vendors: persons or entities that provide litigation 15 support services (e.g., photocopying, videotaping, translating, preparing 16 exhibits or demonstrations, and organizing, storing, or retrieving data in any 17 form or medium) and their employees and subcontractors. 18 19 20 21 4.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 22 5. 23 The protections conferred by this Stipulation and Order cover not only 24 Protected Material (as defined above), but also (1) any information copied or 25 extracted from Protected Material; (2) all copies, excerpts, summaries, or 26 compilations of Protected Material; and (3) any testimony, conversations, or 27 presentations by Parties or their Counsel that might reveal Protected Material. SCOPE 28 ______________________________________________________________________________ -5STIPULATED PROTECTIVE ORDER 1 Any use of Protected Material at trial shall be governed by the orders of 2 the trial judge and other applicable authorities. This Order does not govern the 3 use of Protected Material at trial. 4 6. 5 Once a case proceeds to trial, information that was designated as DURATION 6 CONFIDENTIAL or maintained pursuant to this protective order used or 7 introduced as an exhibit at trial becomes public and will be presumptively 8 available to all members of the public, including the press, unless compelling 9 reasons supported by specific factual findings to proceed otherwise are made to 10 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 11 (distinguishing “good cause” showing for sealing documents produced in 12 discovery from “compelling reasons” standard when merits-related documents 13 are part of court record). Accordingly, the terms of this protective order do not 14 extend beyond the commencement of the trial. 15 7. DESIGNATING PROTECTED MATERIAL 16 7.1 Exercise of Restraint and Care in Designating Material for 17 Protection. Each Party or Non-Party that designates information 18 or items for protection under this Order must take care to limit any such 19 designation to specific material that qualifies under the appropriate standards. 20 The Designating Party must designate for protection only those parts of 21 material, documents, items or oral or written communications that qualify so 22 that other portions of the material, documents, items or communications for 23 which protection is not warranted are not swept unjustifiably within the ambit 24 of this Order. 25 Mass, indiscriminate or routinized designations are prohibited. 26 Designations that are shown to be clearly unjustified or that have been made 27 for an improper purpose (e.g., to unnecessarily encumber the case development 28 ______________________________________________________________________________ -6STIPULATED PROTECTIVE ORDER 1 process or to impose unnecessary expenses and burdens on other parties) may 2 expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items 4 that it designated for protection do not qualify for protection, that Designating 5 Party must promptly notify all other Parties that it is withdrawing the 6 inapplicable designation. 7 7.2 Manner and Timing of Designations. Except as otherwise 8 provided in this Order, or as otherwise stipulated or ordered, Disclosure of 9 Discovery Material that qualifies for protection under this Order must be 10 11 12 clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 16 that contains protected material. If only a portion of the material on a page 17 qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents available for 20 inspection need not designate them for protection until after the inspecting 21 Party has indicated which documents it would like copied and produced. 22 During the inspection and before the designation, all of the material made 23 available for inspection shall be deemed “CONFIDENTIAL.” After the 24 inspecting Party has identified the documents it wants copied and produced, 25 the Producing Party must determine which documents, or portions thereof, 26 qualify for protection under this Order. Then, before producing the specified 27 documents, the Producing Party must affix the “CONFIDENTIAL legend” to 28 ______________________________________________________________________________ -7STIPULATED PROTECTIVE ORDER 1 each page that contains Protected Material. If only a portion of the material on 2 a page qualifies for protection, the Producing Party also must clearly identify 3 the protected portion(s) (e.g., by making appropriate markings in the margins). 4 (b) for testimony given in depositions that the Designating Party 5 identifies the Disclosure or Discovery Material on the record, before the close 6 of the deposition all protected testimony. 7 (c) for information produced in some form other than 8 documentary and for any other tangible items, that the Producing Party affix 9 in a prominent place on the exterior of the container or containers in which the 10 information is stored the legend “CONFIDENTIAL.” If only a portion or 11 portions of the information warrants protection, the Producing Party, to the 12 extent practicable, shall identify the protected portion(s). 13 7.3 Inadvertent Failures to Designate. If timely corrected, an 14 inadvertent failure to designate qualified information or items does not, 15 standing alone, waive the Designating Party’s right to secure protection under 16 this Order for such material. Upon timely correction of a designation, the 17 Receiving Party must make reasonable efforts to assure that the material is 18 treated in accordance with the provisions of this Order. 19 8. 20 8.1. Timing of Challenges. Any Party or Non-Party may challenge a CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 24 25 26 27 8.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 8.4 The burden of persuasion in any such challenge proceeding shall be 28 ______________________________________________________________________________ -8STIPULATED PROTECTIVE ORDER 1 on the Designating Party. Frivolous challenges, and those made for an 2 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 3 on other parties) may expose the Challenging Party to sanctions. Unless the 4 Designating Party has waived or withdrawn the confidentiality designation, all 5 parties shall continue to afford the material in question the level of protection 6 to which it is entitled under the Producing Party’s designation until the Court 7 rules on the challenge. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. ACCESS TO AND USE OF PROTECTED MATERIAL 9.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this Action only for prosecuting, defending or attempting to settle this Action. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the Action has been terminated, a Receiving Party must comply with the provisions of section 15 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary ______________________________________________________________________________ -9STIPULATED PROTECTIVE ORDER 1 for this Action; (c) Experts (as defined in this Order) of the Receiving Party to 2 3 whom disclosure is reasonably necessary for this Action and who have signed 4 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (d) the court and its personnel; 6 (e) court reporters and their staff; 7 (f) professional jury or trial consultants, mock jurors, and 8 Professional Vendors to whom disclosure is reasonably necessary for this 9 Action and who have signed the “Acknowledgment and Agreement to Be 10 Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the 12 information or a custodian or other person who otherwise possessed or knew 13 the information; 14 (h) during their depositions, witnesses, and attorneys for witnesses, 15 in the Action to whom disclosure is reasonably necessary provided: (1) the 16 deposing party requests that the witness sign the form attached as Exhibit A 17 hereto; and (2) they will not be permitted to keep any confidential information 18 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 19 A), unless otherwise agreed by the Designating Party or ordered by the court. 20 Pages of transcribed deposition testimony or exhibits to depositions that reveal 21 Protected Material may be separately bound by the court reporter and may not 22 be disclosed to anyone except as permitted under this Stipulated Protective 23 Order; and 24 (i) any mediators or settlement officers and their supporting 25 personnel, mutually agreed upon by any of the parties engaged in settlement 26 discussions. 27 28 ______________________________________________________________________________ -10STIPULATED PROTECTIVE ORDER 1 10. 2 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other 4 litigation that compels disclosure of any information or items designated in this 5 Action as “CONFIDENTIAL,” that Party must: 6 7 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena 9 or order to issue in the other litigation that some or all of the material covered 10 by the subpoena or order is subject to this Protective Order. Such notification 11 shall include a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. If 14 the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which 17 the subpoena or order issued, unless the Party has obtained the Designating 18 Party’s permission. The Designating Party shall bear the burden and expense 19 of seeking protection in that court of its confidential material and nothing in 20 these provisions should be construed as authorizing or encouraging a 21 Receiving Party in this Action to disobey a lawful directive from another court. 22 23 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 24 25 (a) The terms of this Order are applicable to information produced 26 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 27 information produced by Non-Parties in connection with this litigation is 28 protected by the remedies and relief provided by this Order. Nothing in these ______________________________________________________________________________ -11STIPULATED PROTECTIVE ORDER 1 provisions should be construed as prohibiting a Non-Party from seeking 2 additional protections. (b) In the event that a Party is required, by a valid discovery 3 4 request, to produce a Non-Party’s confidential information in its possession, 5 and the Party is subject to an agreement with the Non-Party not to produce the 6 Non-Party’s confidential information, then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non- 8 Party that some or all of the information requested is subject to a 9 confidentiality agreement with a Non-Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this Action, the relevant discovery request(s), and a 12 reasonably specific description of the information requested; and 13 14 (3) make the information requested available for inspection by the Non-Party, if requested. 15 (c) If the Non-Party fails to seek a protective order from this court 16 within 14 days of receiving the notice and accompanying information, the 17 Receiving Party may produce the Non-Party’s confidential information 18 responsive to the discovery request. If the Non-Party timely seeks a protective 19 order, the Receiving Party shall not produce any information in its possession 20 or control that is subject to the confidentiality agreement with the Non-Party 21 before a determination by the court. Absent a court order to the contrary, the 22 Non-Party shall bear the burden and expense of seeking protection in this court 23 of its Protected Material. 24 25 26 27 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not 28 ______________________________________________________________________________ -12STIPULATED PROTECTIVE ORDER 1 authorized under this Stipulated Protective Order, the Receiving Party must 2 immediately (a) notify in writing the Designating Party of the unauthorized 3 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 4 Protected Material, (c) inform the person or persons to whom unauthorized 5 disclosures were made of all the terms of this Order, and (d) request such 6 person or persons to execute the “Acknowledgment an Agreement to Be 7 Bound” attached hereto as Exhibit A. 8 13. 9 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 10 When a Producing Party gives notice to Receiving Parties that certain 11 inadvertently produced material is subject to a claim of privilege or other 12 protection, the obligations of the Receiving Parties are those set forth in 13 Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to 14 modify whatever procedure may be established in an e-discovery order that 15 provides for production without prior privilege review. Pursuant to Federal 16 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 17 the effect of disclosure of a communication or information covered by the 18 attorney-client privilege or work product protection, the parties may 19 incorporate their agreement in the stipulated protective order submitted to the 20 court. 21 14. 22 14.1 Right to Further Relief. Nothing in this Order abridges the right of 23 24 MISCELLANEOUS any person to seek its modification by the Court in the future. 14.2 Right to Assert Other Objections. By stipulating to the entry of this 25 Protective Order, no Party waives any right it otherwise would have to object 26 to disclosing or producing any information or item on any ground not 27 addressed in this Stipulated Protective Order. Similarly, neither Party waives 28 ______________________________________________________________________________ -13STIPULATED PROTECTIVE ORDER 1 any right to object on any ground to use in evidence of any of the material 2 covered by this Protective Order. 3 14.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Local Civil Rule 79-5. Protected 5 Material may only be filed under seal pursuant to a court order authorizing the 6 sealing of the specific Protected Material. If a Party’s request to file Protected 7 Material under seal is denied by the court, then the Receiving Party may file 8 the information in the public record unless otherwise instructed by the court. 9 10 15. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 6, 11 within 60 days of a written request by the Designating Party, each Receiving 12 Party must return all Protected Material to the Producing Party or destroy such 13 material. As used in this subdivision, “all Protected Material” includes all 14 copies, abstracts, compilations, summaries, and any other format reproducing 15 or capturing any of the Protected Material. Whether the Protected Material is 16 returned or destroyed, the Receiving Party must submit a written certification 17 to the Producing Party (and, if not the same person or entity, to the 18 Designating Party) by the 60-day deadline that (1) identifies (by category, 19 where appropriate) all the Protected Material that was returned or destroyed 20 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 21 compilations, summaries or any other format reproducing or capturing any of 22 the Protected Material. Notwithstanding this provision, Counsel are entitled to 23 retain an archival copy of all pleadings, motion papers, trial, deposition, and 24 hearing transcripts, legal memoranda, correspondence, deposition and trial 25 exhibits, expert reports, attorney work product, and consultant and expert 26 work product, even if such materials contain Protected Material. Any such 27 28 ______________________________________________________________________________ -14STIPULATED PROTECTIVE ORDER 1 archival copies that contain or constitute Protected Material remain subject to 2 this Protective Order as set forth in Section 6 (DURATION). 3 16. VIOLATION 4 Any violation of this Order may be punished by appropriate measures 5 including, without limitation, contempt proceedings and/or monetary 6 sanctions. 7 8 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 9 10 11 12 13 DATED: May 23, 2023 _________________________________ JOHN D. EARLY United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______________________________________________________________________________ -15STIPULATED PROTECTIVE ORDER 1 2 3 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [name], of _________________ [address] 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California in the case of Lucius Taylor v. County of Los 8 Angeles, et al., Case No. 2:23-CV-01046-GW-JDE. 9 I agree to comply with and to be bound by all the terms of this Stipulated 10 Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly 12 promise that I will not disclose in any manner any information or item that is 13 subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [name] of 19 _______________________________________ [address and telephone number] as 20 my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 ______________________________________________________________________________ -16STIPULATED PROTECTIVE ORDER

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