Keith Appling v. Riverside County

Filing 34

PROTECTIVE ORDER FOR DOCUMENTS SUBMITTED TO AND USED BY SPECIAL MASTERS by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 33 . (kh)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 12 13 KEITH APPLING, Plaintiff, 14 15 CASE NO. 5:15-CV-01417-DSF (JCG) vs. 16 RIVERSIDE COUNTY, Defendant. 17 PROTECTIVE ORDER FOR DOCUMENTS SUBMITTED TO AND USED BY SPECIAL MASTERS Trial Date: None Set 18 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 The Court has reviewed the stipulation for protective order by the parties. 21 Good cause appearing, the Court hereby enters a protective order and orders as 22 follows: 23 A. Graphics that Defendant reasonably believes in good faith are 24 25 production (“Confidential Graphics”). Defendant must take care to 27 BRISBOI S Rule of Civil Procedure 26(c), may be designated as such at the time of 26 LEWI S confidential and/or proprietary, and qualify for protection under Federal limit any such designation to specific material that qualifies under the 28 appropriate standards. Defendant must designate for protection only 4830-1277-1143.1 1 PROTECTIVE ORDER 1 those parts of the Graphics that qualifies as confidential so that other 2 portions of Graphics for which protection is not warranted are not 3 swept unjustifiably within the ambit of this Protective Order. Mass, 4 indiscriminate, or routinized designations are prohibited. Designations 5 that are shown to be clearly unjustified or that have been made for an 6 improper purpose (e.g., to unnecessarily encumber the case 7 development process or to impose unnecessary expenses and burdens 8 on other parties) may expose the designating party to sanctions. The 9 copies of any Confidential Graphics disclosed pursuant to this 10 Protective Order must be distinctively marked, and such marking must 11 not obscure or obliterate the content of the Graphics, with substantially 12 the following language: “CONFIDENTIAL – UNLAWFUL TO 13 DUPLICATE.” 14 B. Thereafter, the Special Masters shall not convey, transfer, publish, 15 distribute, copy, duplicate or disseminate the Confidential Graphics so 16 provided except as may be reasonably necessary for drafting their 17 reports pursuant to the PROTOCOL. 18 C. plaintiffs themselves or any other convicted felons. 19 20 No Confidential Graphics are to be shared, shown or discussed with the D. Unless the Court orders otherwise, Confidential Graphics may be 21 disclosed to the Special Masters; one designated assistant for each 22 Special Master that is made known to the parties; counsel of record; 23 paralegal, attorney, stenographic, clerical and secretarial personnel 24 employed by counsel of record; and court personnel. 25 E. All Confidential Graphics may be released to additional individuals 26 27 LEWI S BRISBOI S aside from those described in Paragraph D above upon written agreement by the parties and/or by order of the Court. 28 F. 4830-1277-1143.1 The parties may not publicly file any Confidential Graphics in the 2 PROTECTIVE ORDER 1 Special Masters Reports submitted to the Court and Plaintiffs. Any 2 such Confidential Graphics included in the Special Masters Reports 3 must be redacted in the public report as filed, and the unredacted 4 reports will be filed under seal. Only the Confidential Graphics in the 5 Special Masters Report shall be redacted. 6 G. Confidential Graphics may be publicly filed in unredacted form in the 7 Special Masters Reports only upon written agreement by the parties 8 and further Order of this Court. 9 H. Confidential Graphics shall be redacted from copies of the reports by 10 the Special Masters that are made available to the general public. Only 11 the Confidential Graphics in the Special Masters Report shall be 12 redacted. The counsel for plaintiffs shall receive unredacted copies of 13 the reports. 14 I. The Confidential Graphics produced pursuant to this Protective Order 15 may not be used for any purpose other than preparation of the Special 16 Masters’ Reports. 17 J. Prior to the dissemination of any Confidential Graphics to the Special 18 Masters pursuant to this Protective Order, counsel for Defendant shall 19 inform the Special Masters of the terms and conditions of this 20 Protective Order and secure each Special Master’s written, faxed, or 21 emailed agreement to be bound by it. The written agreement will be 22 produced to counsel for the Plaintiff. 23 K. unauthorized or inadvertent disclosure of Confidential Graphics. 24 25 The Special Masters shall take reasonable precautions to prevent the L. If any Confidential Graphics provided pursuant to this Protective Order 26 27 LEWI S BRISBOI S are used in any other matter or document filed with this Court other than the Special Masters Reports, the party and/or Special Master 28 intending to use such information or document shall file an application 4830-1277-1143.1 3 PROTECTIVE ORDER 1 to have it filed under seal pursuant to Local Rule 79-5, including filing 2 a public redacted version of the document concurrently. 3 M. The Special Masters or counsel for Plaintiff may assert that particular 4 Graphics designated as confidential are in fact, public knowledge or 5 otherwise not subject to protection hereunder. Such assertion, if made, 6 shall be discussed in a good faith meet and confer between counsel for 7 the parties and, if agreement cannot be reached, the matter will be 8 submitted to the Court for resolution in a motion pursuant to Local 9 Rule 37, and until resolved by the Court shall remain protected as 10 confidential information hereunder. The burden of demonstrating that 11 documents should be protected by this Protective Order shall remain at 12 all times on the designating party. 13 N. submitted to the Special Masters shall remain confidential. 14 15 All Confidential Graphics subject to this Protective Order that are O. The inadvertent or unintentional disclosure of Confidential Graphics by 16 the disclosing party shall not be construed to be a waiver, in whole or in 17 part of the disclosing party’s claims of confidentiality either as to the 18 specific documents or as to any other information relating thereto. 19 P. In the event anyone, including but not limited to the Special Masters, 20 shall violate or threaten to violate any terms of this Protective Order, 21 the aggrieved party may apply to obtain injunctive relief and monetary 22 sanctions against any such person violating or threatening to violate 23 any of the terms of this Protective Order. This Court shall have the 24 power to impose whatever penalties it deems appropriate for the 25 violation of said Order, including, but not limited to, monetary and 26 judicial sanctions and contempt. 27 LEWI S BRISBOI S Q. The provisions of this Protective Order shall survive and remain in full force and effect after the PROTOCOL terminates after re-inspection of 28 4830-1277-1143.1 4 PROTECTIVE ORDER 1 Robert Presley Detention Center and Southwest Detention Center 12 2 months after the Special Masters submit their initial reports. 3 R. Upon final conclusion of the PROTOCOL, all copies of Confidential 4 Graphics subject to this Protective Order shall be returned to counsel 5 for Defendant. This provision does not apply to copies of unredacted 6 reports of the Special Masters in the possession of counsel to the parties 7 and Special Masters. 8 S. The agreement of the parties and the Special Masters embodied in this 9 Protective Order does not constitute an admission or agreement that 10 any particular documents or information is subject to discovery, or 11 admissible as evidence, in this case. Designation of any Graphic 12 subject to this Protective Order shall have no meaning or effect 13 whatsoever with respect to the substantive issues in this proceeding or 14 the claims or defenses of any party hereto. 15 T. All documents, information, or Graphics provided by Defendant to the 16 Special Masters must also be provided to counsel for Plaintiff. Counsel 17 for Plaintiff shall comply this Protective Order. 18 U. This Court retains jurisdiction to construe, enforce and amend the 19 provisions of this Protective Order. This Protective Order may not be 20 modified absent further action by the Court. 21 DATED: May 10, 2017 22 23 Hon. Jay C. Gandhi UNITED STATES DISTRICT COURT MAGISTRATE JUDGE 24 25 26 27 LEWI S BRISBOI S 28 4830-1277-1143.1 5 PROTECTIVE ORDER CONSENT OF SPECIAL MASTERS 1 2 If Ordered by this Court, I agree to be bound by the terms of the Protective 3 Order as issued. The terms have been explained to me by counsel for the County of 4 Riverside. 5 6 DATED: May ___, 2017 7 8 William Broz, P.E. SPECIAL MASTER 1 9 10 11 DATED: May ___, 2017 12 13 Joe Gunja SPECIAL MASTER 2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LEWI S BRISBOI S 28 4830-1277-1143.1 6 PROTECTIVE ORDER

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