Lamya Brewster v. City of Los Angeles, et al

Filing 113

PROTECTIVE ORDER REGARDING DISCLOSUREOF CONFIDENTIAL INFORMATION by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)

1
2
3

BARRETT S. LITT, CSB 45527
KAYE, MCLANE, BEDNARSKI & LITT
975 East Green Street
Pasadena, CA 91106
[phone] / [phone] facsimile
[e-mail]

4

7

DONALD W. COOK, CSB 116666
ATTORNEY AT LAW
3435 Wilshire Blvd., Suite 2910
Los Angeles, CA 90010
[phone] / [phone] facsimile
[e-mail]

8

PAUL L. HOFFMAN, SBN 071244
CATHERINE SWEETSER, SBN 271142
SCHONBRUN DESIMONE SEPLOW HARRIS &
HOFFMANN LLP
11543 W. Olympic Blvd.
Los Angeles, CA 90064
[phone] / [phone] facsimile
[e-mail]
[e-mail]

Attorneys for Plaintiffs

5
6

9

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14

LAMYA BREWSTER and ELIAS
ARIZMENDI, individually and as class
representatives,
Plaintiffs,

15
16
17
18
19

vs.
CITY OF LOS ANGELES, a municipal
corporation; LOS ANGELES POLICE
DEPARTMENT, a public entity, CHIEF
CHARLIE BECK, individually and in his
official capacity, and Does 1 through 10,
Defendants.

20

Case No. EDCV 14-2257 JGB
(SPx)
PROTECTIVE ORDER
REGARDING DISCLOSURE
OF CONFIDENTIAL
INFORMATION
Date: N/A
Time: N/A
Ctrm: 1 (Riverside)
DCO: 11/12/18
Pretrial: 3/4/19
Trial: 3/19/19

21
22
23
24
25
26
27

Pursuant to the stipulation executed by Plaintiffs and Defendants, the Court issues
the following protective order:
A.

ITEMS COVERED BY THIS PROTECTIVE ORDER
1. The protective order applies only to the following:
a. The Los Angeles Police Department’s Investigation which relates
to Plaintiff Lamya Brewster’s complaint that her vehicle was unlawfully

28
Lamya Brewster - Proposed PO.WPD

seized and impounded on October 28, 2014.

1
2

2.

Should any party wish to stamp any of the above records as

3

“CONFIDENTIAL” that party may not stamp the records in such a way as to cover any

4

written portion of the records. The documents must remain completely legible.

5

3. Birth dates and social security numbers may be redacted from the records

6

produced, which are NOT covered by this protective order.

7

B. USE OF RECORDS

8

1. Absent further order of the Court, the items covered by this protective order

9

may be used in this case only, including any appeals, and not for any other purpose

10
11

whatsoever.
2.

Items covered by this protective order, including any related copies,

12

summaries, extracts, notes, photographs, memos, audiotapes and transcripts, shall not

13

be disclosed, except to the following persons:

14

a. The attorneys of record, including legal assistants, paralegals,

15

investigators and clerical employees working under counsel’s supervision,

16

as well as outside copying, graphic, computer services, and court reporters

17

performing services in connection with this action;

18

b. Experts, consultants, investigators and their employees, retained

19

and/or consulted by the attorneys of record to assist in the preparation of

20

this action;

21

c. The parties, including their officers, agents and employees who

22

are directly assisting counsel with the conduct or resolution of this action;

23

d. Witnesses while being examined by counsel at a deposition or

24

trial. However, if the item is attached as an exhibit to a deposition

25

transcript, the copy attached as an exhibit shall be redacted to omit names,

26

birth dates, social security numbers, and addresses.

27

3. Before any disclosure of the items covered by this protective order, they will

28

inform any person identified in Paragraph 2 above, of the terms of the protective order.
-2-

Lamya Brewster - Proposed PO.WPD

1
2

4. If any party wishes to disclose items covered by this protective order to any

3

person other than those listed in Paragraph 2 above, that party shall give written notice

4

to the non-disclosing party so that the non-disclosing party can make a motion to prevent

5

the disclosure. Any such motion must be made in compliance with Local Rule 37. The

6

party wishing to disclose the information will not to do so unless and until agreement

7

with the other party is reached, or the other party’s motion is ruled on by the court. If

8

however, the other party does not file its motion within two weeks of the notice, the

9

party wishing to disclose the information may deem the issue to have been abandoned.

10

5. Upon final determination of this action, whether by judgment, settlement or

11

otherwise, including all appeals, and upon the producing party’s request, Plaintiff shall

12

return those items, along with all copies, to the producing party. Any messenger or

13

postage fees shall be paid by the requesting party. In the alternative, the producing party

14

may request the items be destroyed. This provision does not obligate the Court to act in

15

a certain matter in relation to the confidential documents.

16

6. If any party who receives Confidential Information receives a subpoena or

17

other request seeking Confidential Information, he, she or it shall immediately give

18

written notice to the Defendants’ counsel, identifying the Confidential Information

19

sought and the time in which production or other disclosure is required, and shall object

20

to the request or subpoena on the grounds of this stipulation so as to afford the

21

Defendants an opportunity to obtain an order barring production or other disclosure, or

22

to otherwise respond to the subpoena or other request for production or disclosure of

23

Confidential Material. Other than objecting on the grounds of this stipulation, no party

24

shall be obligated to seek an order barring production of Confidential Information, which

25

obligation shall be borne by the Defendants. However, in no event should production or

26

disclosure be made without written approval by the Defendants’ counsel unless required

27

by court order arising from a motion to compel production or disclosure of Confidential

28

Information. Nothing in this order should be construed as authorizing or encouraging a
-3-

Lamya Brewster - Proposed PO.WPD

1

party to disobey a lawful directive from another court.

2

7. Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

3

written submissions to the Court in this litigation which contains or discloses

4

confidential information shall be filed and maintained under Local Rule 79-5, which

5

governs the filing of documents under seal. If confidential material is included in any

6

papers to be filed in Court, such papers shall be accompanied by an application to file

7

the papers – or the confidential portion thereof – under seal; the application must

8

demonstrate good cause for the under seal filing. The application shall be directed to the

9

judge to whom the papers are directed. Pending the ruling on the application, the papers

10

or portions thereof subject to the sealing application shall be lodged under seal.

11

8. At the commencement of trial, unless good cause is shown, the terms of the

12

protective order are dissolved, except for the return of the confidential documents to the

13

party providing them at the completion of the case.

14

9. Any use of Confidential Information at trial, or in open court during pretrial

15

proceedings, shall be governed by the orders of the presiding judge. This order does not

16

govern the use of Confidential Information at trial.

17

10. Nothing herein shall prejudice any party's rights to object to the introduction

18

of any Confidential Information into evidence, on grounds including but not limited to

19

relevance and privilege.
11. This Stipulation may be signed in parts and may be transmitted by facsimile

20
21

as if it were the original document.

22

C. OTHER
1. The execution of this protective order shall not preclude any party from

23
24

moving the court for other or further protective orders during this action.

25

///

26

///

27

///

28
-4-

Lamya Brewster - Proposed PO.WPD

1

2. This protective order is subject to amendment and modification by further

2

stipulation among counsel and/or by order of the Court.

3

IT IS SO ORDERED.

4

DATED: July 30, 2018

5
6
7

_________________________________
HON. SHERI PYM
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-

Lamya Brewster - Proposed PO.WPD