Terence Wyatt v. Dean Colbert et al
Filing
35
PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 31 (jm)
1
2
3
4
5
6
Bruce E. Disenhouse, 078760
bruce@disenhouselaw.net
J. Pat Ferraris, 267223
JPat@disenhouselaw.net
DISENHOUSE LAW APC
3833 Tenth Street
Riverside, California 92501
T: 951-530-3710
F: 951-543-4239
Attorneys for Defendants COUNTY OF RIVERSIDE, DEAN COLBERT, GARY
LeCLAIR, JOHN DEL VALLE and BRIAN SINCLAIR
7
8
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12
)
)
)
Plaintiffs,
)
)
)
v.
)
DEAN COLBERT, an individual; GARY )
)
LeCLAIR, an individual; BRIAN
SINCLAIR, an individual; JOHN DEL )
)
VALLE, an individual; COUNTY OF
RIVERSIDE, a public entity; and DOES )
)
1 to 10,
)
)
Defendants.
_________________________________ )
TERENCE WYATT,
13
14
15
16
17
18
19
20
CASE NO.: 15-cv-586 CBM (FFMx)
Honorable Judge Consuelo B. Marshall
[PROPOSED] STIPULATED
PROTECTIVE ORDER
21
1.
22
Discovery in this action is likely to involve production of confidential,
A. PURPOSES AND LIMITATIONS
23
proprietary, or private information for which special protection from public
24
disclosure and from use for any purpose other than prosecuting this litigation may be
25
warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
26
the following Stipulated Protective Order. The parties acknowledge that this Order
27
does not confer blanket protections on all disclosures or responses to discovery
28
and that the protection it affords from public disclosure and use extends only to the
DISENHOUSE LAW
APC
______________________________________________________________________________
1
STIPULATED PROTECTIVE ORDER
1
limited information or items that are entitled to confidential treatment under the
2
applicable legal principles. The parties further acknowledge, as set forth in Section
3
12.3, below, that this Stipulated Protective Order does not entitle them to file
4
confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
5
that must be followed and the standards that will be applied when a party seeks
6
permission from the court to file material under seal.
7
B. GOOD CAUSE STATEMENT
8
This action is likely to involve information for which special protection from
9
public disclosure and from use for any purpose other than prosecution of this action
10
is warranted. Such confidential and materials and information consist of, among
11
other things, information contained within a peace officer's personnel file, which
12
information may not be disclosed without court order under state law, information
13
otherwise generally unavailable to the public, or which may be privileged or
14
otherwise protected from disclosure under state or federal statutes, court rules, case
15
decisions, or common law. Accordingly, to expedite the flow of information, to
16
facilitate the prompt resolution of disputes over confidentiality of discovery
17
materials, to adequately protect information the parties are entitled to keep
18
confidential, to ensure that the parties are permitted reasonable necessary uses of
19
such material in preparation for and in the conduct of trial, to address their handling
20
at the end of the litigation, and serve the ends of justice, a protective order for such
21
information is justified in this matter. It is the intent of the parties that information
22
will not be designated as confidential for tactical reasons and that nothing be so
23
designated without a good faith belief that it has been maintained in a confidential,
24
non-public manner, and there is good cause why it should not be part of the public
25
record of this case.
26
27
28
DISENHOUSE LAW
APC
______________________________________________________________________________
2
STIPULATED PROTECTIVE ORDER
1
2
2.
DEFINITIONS
2.1 Action: Plaintiff, TERENCE WYATT vs. Defendants COUNTY OF
3
RIVERSIDE, DEAN COLBERT, GARY LeCLAIR, JOHN DEL VALLE
4
and BRIAN SINCLAIR – Case No: 15-cv-586 CBM (FFMx)
5
6
7
2.2 Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is
8
generated, stored or maintained) or tangible things that qualify for
9
protection under Federal Rule of Civil Procedure 26(c), and as specified
10
11
12
13
above in the Good Cause Statement.
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).
2.5 Designating Party: a Party or Non-Party that designates information or items
14
that it produces in disclosures or in responses to discovery as
15
“CONFIDENTIAL.”
16
2.6 Disclosure or Discovery Material: all items or information, regardless of the
17
medium or manner in which it is generated, stored, or maintained
18
(including, among other things, testimony, transcripts, and tangible things),
19
that are produced or generated in disclosures or responses to discovery in
20
this matter.
21
2.7 Expert: a person with specialized knowledge or experience in a matter
22
pertinent to the litigation who has been retained by a Party or its counsel to
23
serve as an expert witness or as a consultant in this Action.
24
2.8 House Counsel: attorneys who are employees of a party to this Action. House
25
Counsel does not include Outside Counsel of Record or any other outside
26
counsel.
27
28
DISENHOUSE LAW
APC
2.9 Non-Party: any natural person, partnership, corporation, association, or other
legal entity not named as a Party to this action.
______________________________________________________________________________
3
STIPULATED PROTECTIVE ORDER
1
2.10 Outside Counsel of Record: attorneys who are not employees of a party to
2
this Action but are retained to represent or advise a party to this Action and
3
have appeared in this Action on behalf of that party or are affiliated with a
4
law firm which has appeared on behalf of that party, and includes support
5
staff.
6
2.11 Party: any party to this Action, including all of its officers, directors,
7
employees, consultants, retained experts, and Outside Counsel of Record
8
(and their support staffs).
9
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
10
11
Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation support
12
services (e.g., photocopying, videotaping, translating, preparing exhibits or
13
demonstrations, and organizing, storing, or retrieving data in any form or
14
medium) and their employees and subcontractors.
15
2.14 Protected Material: any Disclosure or Discovery Material that is designated
16
17
as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
18
from a Producing Party.
19
3.
20
The protections conferred by this Stipulation and Order cover not only
21
Protected Material (as defined above), but also (1) any information copied or
22
extracted from Protected Material; (2) all copies, excerpts, summaries, or
23
compilations of Protected Material; and (3) any testimony, conversations, or
24
presentations by Parties or their Counsel that might reveal Protected Material.
25
26
SCOPE
Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.
27
28
DISENHOUSE LAW
APC
______________________________________________________________________________
4
STIPULATED PROTECTIVE ORDER
1
4.
2
Even after final disposition of this litigation, the confidentiality obligations
DURATION
3
imposed by this Order shall remain in effect until a Designating Party agrees
4
otherwise in writing or a court order otherwise directs. Final disposition shall be
5
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
6
or without prejudice; and (2) final judgment herein after the completion and
7
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
8
including the time limits for filing any motions or applications for extension of time
9
pursuant to applicable law.
10
5.
DESIGNATING PROTECTED MATERIAL
11
5.1
Exercise of Restraint and Care in Designating Material for Protection.
12
Each Party or Non-Party that designates information or items for protection under
13
this Order must take care to limit any such designation to specific material that
14
qualifies under the appropriate standards. The Designating Party must designate for
15
protection only those parts of material, documents, items, or oral or written
16
communications that qualify so that other portions of the material, documents,
17
items, or communications for which protection is not warranted are not swept
18
unjustifiably within the ambit of this Order.
19
Mass, indiscriminate, or routinized designations are prohibited. Designations
20
that are shown to be clearly unjustified or that have been made for an improper
21
purpose (e.g., to unnecessarily encumber the case development process or to impose
22
unnecessary expenses and burdens on other parties) may expose the Designating
23
Party to sanctions.
24
If it comes to a Designating Party’s attention that information or items that it
25
designated for protection do not qualify for protection, that Designating Party must
26
promptly notify all other Parties that it is withdrawing the inapplicable designation.
27
28
DISENHOUSE LAW
APC
5.2
Manner and Timing of Designations. Except as otherwise provided in
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
______________________________________________________________________________
5
STIPULATED PROTECTIVE ORDER
1
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
2
under this Order must be clearly so designated before the material is disclosed or
3
produced.
4
Designation in conformity with this Order requires:
5
(a)
for information in documentary form (e.g., paper or electronic
6
documents, but excluding transcripts of depositions or other pretrial or trial
7
proceedings), that the Producing Party affix at a minimum, the legend
8
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
9
contains protected material. If only a portion or portions of the material on a page
10
qualifies for protection, the Producing Party also must clearly identify the protected
11
portion(s) (e.g., by making appropriate markings in the margins).
12
A Party or Non-Party that makes original documents available for inspection
13
need not designate them for protection until after the inspecting Party has indicated
14
which documents it would like copied and produced. During the inspection and
15
before the designation, all of the material made available for inspection shall be
16
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
17
documents it wants copied and produced, the Producing Party must determine which
18
documents, or portions thereof, qualify for protection under this Order. Then, before
19
producing the specified documents, the Producing Party must affix the
20
“CONFIDENTIAL legend” to each page that contains Protected Material. If only a
21
portion or portions of the material on a page qualifies for protection, the Producing
22
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
23
markings in the margins).
24
(b)
for testimony given in depositions that the Designating Party identify
25
the Disclosure or Discovery Material on the record, before the close of the deposition
26
all protected testimony.
27
28
DISENHOUSE LAW
APC
(c)
for information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on the
______________________________________________________________________________
6
STIPULATED PROTECTIVE ORDER
1
exterior of the container or containers in which the information is stored the legend
2
“CONFIDENTIAL.” If only a portion or portions of the information warrants
3
protection, the Producing Party, to the extent practicable, shall identify the protected
4
portion(s).
5
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
6
failure to designate qualified information or items does not, standing alone, waive
7
the Designating Party’s right to secure protection under this Order for such material.
8
Upon timely correction of a designation, the Receiving Party must make reasonable
9
efforts to assure that the material is treated in accordance with the provisions of this
10
Order.
11
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
12
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
13
designation of confidentiality at any time that is consistent with the Court’s
14
Scheduling Order.
15
16
17
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
6.3
The burden of persuasion in any such challenge proceeding shall be on
18
the Designating Party. Frivolous challenges, and those made for an improper purpose
19
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
20
expose the Challenging Party to sanctions. Unless the Designating Party has waived
21
or withdrawn the confidentiality designation, all parties shall continue to afford the
22
material in question the level of protection to which it is entitled under the Producing
23
Party’s designation until the Court rules on the challenge.
24
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
25
7.1
Basic Principles. A Receiving Party may use Protected Material that is
26
disclosed or produced by another Party or by a Non-Party in connection with this
27
Action only for prosecuting, defending, or attempting to settle this Action. Such
28
Protected Material may be disclosed only to the categories of persons and under the
DISENHOUSE LAW
APC
______________________________________________________________________________
7
STIPULATED PROTECTIVE ORDER
1
conditions described in this Order. When the Action has been terminated, a
2
Receiving Party must comply with the provisions of section 13 below (FINAL
3
DISPOSITION).
4
Protected Material must be stored and maintained by a Receiving Party at a
5
location and in a secure manner that ensures that access is limited to the persons
6
authorized under this Order.
7
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
8
otherwise ordered by the court or permitted in writing by the Designating Party, a
9
Receiving Party may disclose any information or item designated
10
11
“CONFIDENTIAL” only to:
(a)
the Receiving Party’s Counsel and Outside Counsel of Record in this
12
Action, as well as employees of said Counsel and Outside Counsel of Record to
13
whom it is reasonably necessary to disclose the information for this Action;
14
15
16
(b)
the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)
Experts (as defined in this Order) of the Receiving Party to whom
17
disclosure is reasonably necessary for this Action and who have signed the
18
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
19
(d)
the court and its personnel;
20
(e)
court reporters and their staff;
21
(f)
professional jury or trial consultants, mock jurors, and Professional
22
Vendors to whom disclosure is reasonably necessary for this Action and who have
23
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24
25
26
(g)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h)
during their depositions, witnesses ,and attorneys for witnesses, in the
27
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
28
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
DISENHOUSE LAW
APC
______________________________________________________________________________
8
STIPULATED PROTECTIVE ORDER
1
not be permitted to keep any confidential information unless they sign the
2
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
3
agreed by the Designating Party or ordered by the court. Pages of transcribed
4
deposition testimony or exhibits to depositions that reveal Protected Material may be
5
separately bound by the court reporter and may not be disclosed to anyone except as
6
permitted under this Stipulated Protective Order; and
7
8
9
10
11
(i)
any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
12
that compels disclosure of any information or items designated in this Action as
13
“CONFIDENTIAL,” that Party must:
14
15
16
(a)
promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b)
promptly notify in writing the party who caused the subpoena or order
17
to issue in the other litigation that some or all of the material covered by the
18
subpoena or order is subject to this Protective Order. Such notification shall include
19
a copy of this Stipulated Protective Order; and
20
21
22
(c)
cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
23
the subpoena or court order shall not produce any information designated in this
24
action as “CONFIDENTIAL” before a determination by the court from which the
25
subpoena or order issued, unless the Party has obtained the Designating Party’s
26
permission. The Designating Party shall bear the burden and expense of seeking
27
protection in that court of its confidential material and nothing in these provisions
28
DISENHOUSE LAW
APC
______________________________________________________________________________
9
STIPULATED PROTECTIVE ORDER
1
should be construed as authorizing or encouraging a Receiving Party in this Action
2
to disobey a lawful directive from another court.
3
4
5
9.
A NON-PARTY’S PROTECTIVE MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)
The terms of this Order are applicable to information produced by a
6
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
7
produced by Non-Parties in connection with this litigation is protected by the
8
remedies and relief provided by this Order. Nothing in these provisions should be
9
construed as prohibiting a Non-Party from seeking additional protections.
10
(b)
In the event that a Party is required, by a valid discovery request, to
11
produce a Non-Party’s confidential information in its possession, and the Party is
12
subject to an agreement with the Non-Party not to produce the Non-Party’s
13
confidential information, then the Party shall:
14
(1)
promptly notify in writing the Requesting Party and the Non-
15
Party that some or all of the information requested is subject to a confidentiality
16
agreement with a Non-Party;
17
(2)
promptly provide the Non-Party with a copy of the Stipulated
18
Protective Order in this Action, the relevant discovery request(s), and a reasonably
19
specific description of the information requested; and
20
21
22
(3)
make the information requested available for inspection by the
Non-Party, if requested.
(c)
If the Non-Party fails to seek a protective order from this court within
23
14 days of receiving the notice and accompanying information, the Receiving Party
24
may produce the Non-Party’s confidential information responsive to the discovery
25
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
26
not produce any information in its possession or control that is subject to the
27
confidentiality agreement with the Non-Party before a determination by the court.
28
DISENHOUSE LAW
APC
______________________________________________________________________________
10
STIPULATED PROTECTIVE ORDER
1
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
2
of seeking protection in this court of its Protected Material.
3
10.
4
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
5
Protected Material to any person or in any circumstance not authorized under this
6
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
8
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
9
persons to whom unauthorized disclosures were made of all the terms of this Order,
10
and (d) request such person or persons to execute the “Acknowledgment and
11
Agreement to Be Bound” that is attached hereto as Exhibit A.
12
13
14
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
15
inadvertently produced material is subject to a claim of privilege or other protection,
16
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
17
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
18
may be established in an e-discovery order that provides for production without prior
19
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
20
parties reach an agreement on the effect of disclosure of a communication or
21
information covered by the attorney-client privilege or work product protection, the
22
parties may incorporate their agreement in the stipulated protective order submitted
23
to the court.
24
12.
25
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
26
27
28
DISENHOUSE LAW
APC
MISCELLANEOUS
person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
______________________________________________________________________________
11
STIPULATED PROTECTIVE ORDER
1
disclosing or producing any information or item on any ground not addressed in this
2
Stipulated Protective Order. Similarly, no Party waives any right to object on any
3
ground to use in evidence of any of the material covered by this Protective Order.
4
12.3 Filing Protected Material. A Party that seeks to file under seal any
5
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
6
only be filed under seal pursuant to a court order authorizing the sealing of the
7
specific Protected Material at issue. If a Party's request to file Protected Material
8
under seal is denied by the court, then the Receiving Party may file the information
9
in the public record unless otherwise instructed by the court.
10
13.
11
After the final disposition of this Action, as defined in paragraph 4, within 60
FINAL DISPOSITION
12
days of a written request by the Designating Party, each Receiving Party must return
13
all Protected Material to the Producing Party or destroy such material. As used in this
14
subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15
summaries, and any other format reproducing or capturing any of the Protected
16
Material. Whether the Protected Material is returned or destroyed, the Receiving
17
Party must submit a written certification to the Producing Party (and, if not the same
18
person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
19
(by category, where appropriate) all the Protected Material that was returned or
20
destroyed and (2)affirms that the Receiving Party has not retained any copies,
21
abstracts, compilations, summaries or any other format reproducing or capturing any
22
of the Protected Material. Notwithstanding this provision, Counsel are entitled to
23
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
24
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
25
reports, attorney work product, and consultant and expert work product, even if such
26
materials contain Protected Material. Any such archival copies that contain or
27
constitute Protected Material remain subject to this Protective Order as set forth in
28
Section 4 (DURATION).
DISENHOUSE LAW
APC
______________________________________________________________________________
12
STIPULATED PROTECTIVE ORDER
1
14.
2
measures including, without limitation, contempt proceedings and/or monetary
3
sanctions.
Any violation of this Order may be punished by any and all appropriate
4
5
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6
/s/ Michael H. Artan
7
Dated: January 27, 2016
8
____________________________
MICHAEL H. ARTAN
Attorney for Plaintiff
9
10
Dated: January 27, 2016
11
12
/s/ Bruce E. Disenhouse
____________________________
BRUCE E. DISENHOUSE
Attorney for Defendant
13
14
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
15
16
Dated: March 9, 2016
/S/ Frederick F. Mumm
United States District/Magistrate Judge
17
18
19
20
21
22
23
24
25
26
27
28
DISENHOUSE LAW
APC
______________________________________________________________________________
13
STIPULATED PROTECTIVE ORDER
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, ___________________, of ________________________[print or type full
4
5
6
address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States
7
8
District Court for the Central District of California on ________________ in the
9
case of _______________________________________ .I agree to comply with
10
and to be bound by all the terms of this Stipulated Protective Order and I understand
11
12
and acknowledge that failure to so comply could expose me to sanctions and
13
punishment in the nature of contempt. I solemnly promise that I will not disclose in
14
any manner any information or item that is subject to this Stipulated Protective Order
15
16
to any person or entity except in strict compliance with the provisions of this Order.
17
I further agree to submit to the jurisdiction of the United States District Court
18
for the Central District of California for the purpose of enforcing the terms of this
19
20
Stipulated Protective Order, even if such enforcement proceedings occur after
21
termination of this action. I hereby appoint __________________[print or type full
22
23
name] of ___________________________ [print or type full address and telephone
24
///
25
///
26
27
28
DISENHOUSE LAW
APC
///
///
______________________________________________________________________________
14
STIPULATED PROTECTIVE ORDER
1
2
number] as my California agent for service of process in connection with this action
or any proceedings related to enforcement of this Stipulated Protective Order.
3
4
Date: ___________
5
6
City and State where sworn and signed: _________________________________
7
8
Printed name: _____________________
9
Signature: ________________________
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DISENHOUSE LAW
APC
______________________________________________________________________________
15
STIPULATED PROTECTIVE ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?