Mario Alberto Garcia v. County of Riverside et al

Filing 85

PROTECTIVE ORDER RE DISCOVERY PRODUCED BY DEFENDANT COUNTY OFLOS ANGELES by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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MARIO ALBERTO GARCIA,
individually and as class representative,

Case No. EDCV13-0616 JGB
(SPx)

Plaintiff,

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PROTECTIVE ORDER RE
DISCOVERY PRODUCED BY
DEFENDANT COUNTY OF
LOS ANGELES

vs.

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DISCOVERY MATTER

COUNTY OF RIVERSIDE, et al.,
Defendants.

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DCO: 8/18/17
PTC: 11/6/17
Trial: 12/5/17

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Pursuant to the parties’ Stipulation for Protective Order re: Discovery produced by

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Defendant County of Los Angeles, and the good cause appearing therein, the Court orders
as follows:
The following items should be produced subject to the terms of this Protective

23 Order:
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1. AJIS DATA for prisoners released from the custody of the Los Angeles County

25 Sheriff’s Department at any time from January 1, 2007 through December 31, 2011, and
26 January 1, 2014 through December 31, 2016, where the prisoner’s release code was
27 “WDEF.” AJIS DATA herein is defined as prisoner’s name (first and last), booking
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1 number, last known residential address, last known telephone number, last known
2 business address, incarceration date, release date, LA main number. (R4P 22)
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2. The Disputed Warrant Log Book(s) for 2003, 2004, 2005, 2006, 2007, 2008,
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2009, 2010, 2011 and 2014 - 2016. (R4P 24)
3. The Los Angeles County Consolidated Criminal History for Mario Loya Garcia,

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DOB 2/28/1962. (R4P 27)
4. The Los Angeles County Consolidated Criminal History under CII# A10762503.

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5. The criminal history for Mario Loya Garcia, DOB 2/28/1962, as maintained by
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11 the California Department of Justice. (R4P 31)
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6. The criminal history under CII# A10762503, as maintained by the California

13 Department of Justice. (R4P 32)
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7. The booking jacket for every prisoner released from the Los Angeles County
jail at any time from January 1, 2014 through December 31, 2016, where the prisoner’s
release code was WDEF. (R4P 37)

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8. Any and all WRITINGS created by LASD personnel at any time from January
1, 2008, through the present, generated in response to a complaint that a person was being

20 held in the Los Angeles County jail on a warrant meant for another person and where the
21 WRITINGS were originally created while the complainant was incarcerated in the Los
22 Angeles County jail. (R4P 38). Pursuant to County’s statement that writings in the log
23 books and the prisoners’ booking jackets are the only such writings responsive to this
24 request for the time period of January 1, 2014 through December 21, 2016, Plaintiff
25 agrees to accept the log books and booking jackets described herein as responsive to this
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request.
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9. Any and all WRITINGS created by LASD personnel or LA County personnel

2 at any time from December 2011, through the present, generated in response to an LASD
3 task force created to minimize the risk of wrongful jailing of people mistaken for someone
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else. (R4P 39). Pursuant to County’s statement, plaintiff agrees to accept the 5 emails and
4 email chains which defendants are producing pursuant to this request, in addition to the

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Privilege Log describing 4 additional email chains (which may or may not be pursued at
a later date).
10. Any and all WRITINGS by the task force created by Sheriff Lee Baca to

10 minimize the risk of wrongful jailing of people mistaken for someone else. (R4P 40).
11 Pursuant to County’s statement, plaintiff agrees to accept the 5 emails and 4 email chains
12 which defendants are producing pursuant to this request, in addition to the Privilege Log
13 describing 4 additional email chains (which may or may not be pursued at a later date).
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With the exception of the booking jackets (R4P 37), defendant County of Los
Angeles shall have three weeks to produce to Plaintiff the above-listed items from the date

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this Protective Order is entered.
Defendant County of Los Angeles shall have a maximum of 12 weeks to produce

20 to Plaintiff the booking jackets, and County shall produce those to Plaintiff as quickly as
21 possible, and in batches (about 50 jackets per batch), so that Plaintiff will periodically
22 receive booking jackets throughout that time, without having to wait until they are all
23 ready for production.
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The Court hereby authorizes the County of Los Angeles to produce the criminal

25 history information set forth above, pursuant to California Penal Code §§11105(h),
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11140(b), 13300(I) and 13301(b).
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The use and dissemination of the items listed in this Protective Order shall be

2 limited to the prosecution and/or defense of claims in this lawsuit; shall not be disclosed
3 to persons other than the parties’ counsel and their staffs, and consultants or experts
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retained by the parties in connection to this lawsuit. It is the responsibility of counsel for
the parties to inform all persons who receive the documents of the contents of this order

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and its restrictions. If any of the documents are filed with the Court, the filing party must
comply with L.R. 79-5 and file an application pursuant to L.R. 79-5.1 to file the papers

9 – or the confidential portion thereof – under seal. All documents produced pursuant to this
10 order, and any copies made of them, shall be returned to counsel for the County of Los
11 Angeles at the conclusion of the litigation (entry of final judgment, appellate decision, or
12 dismissal pursuant to a stipulation by the parties). If copies of the documents have
13 counsel’s notes on them they may be destroyed, and a certification of destruction, signed
14 by Plaintiff’s counsel under penalty of perjury, may be provided to counsel for the County
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of Los Angeles and filed with the Court within 45 days of the conclusion of the litigation
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in lieu of returning the documents.
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As to all state and local criminal history data and information, the parties may not,
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and shall not, pursue any remedies under California or federal law against the County or
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20 its attorneys arising from the production of this information.
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Should any person whose identity is revealed by the documents/AJIS data ordered

22 produced, inform the party’s counsel or investigator that the person desires no contact by
23 that party’s counsel or investigator, counsel (including his employees or investigator) shall
24 cease all further contacts with that person.
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FURTHERMORE, Plaintiff and defendants County of Los Angeles and the Los
Angeles County Sheriff’s Department hereby make the following stipulations, which this

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1 Court approves:
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1) Because plaintiff’s counsel is already in possession of previously produced AJIS

3 Data and Disputed Warrant Log Books, which defendants agree to produce through this
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Stipulation, defendants need not provide copies again to plaintiff. This is upon defendants’
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further agreement that the Disputed Warrant Log books provided to plaintiff’s counsel in
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Reyes v. City of Glendale, CV 05-00253 CAS(MANx), Clemmons v. City of Long Beach,
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CV 05-5525 AHM(SHx), Alvarado v. Bratton, CV06-7812 PA (RCx), Reed v. Baca, CV
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9 10-5766 JHN(JCx) and Smith v. County of Los Angeles, CV 11-10666 DDP(PJWx)], are
10 all such log books for this time period (1/1/03 through 12/31/2011) that defendants
11 maintained regardless of the particular jail facility where a prisoner made his complaint
12 of wrongful confinement.
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14 DATED: February 23, 2017
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_____________________________
Honorable Sheri Pym
U.S. Magistrate Judge

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