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)

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