Jonathan Wayne Mundo v. John Doe et al

Filing 203

PROTECTIVE ORDER: USE OF FORCE REPORT by Magistrate Judge Paul L. Abrams. (ch)

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1 2 3 4 5 6 7 8 MICHELLE D. BLAKEMORE (CA State Bar No. 110474) County Counsel KENNETH C. GREGORY (CA State Bar No. 224934) Deputy County Counsel Office of County Counsel 385 North Arrowhead Avenue Fourth Floor San Bernardino, California 92415 Telephone: (909) 387-4602 Facsimile: (909) 387-4069 E-Mail: Attorneys for Defendants, Sheriff McMahon, in his official capacity only, and Deputies Musella, Landavazo, Ades, Short, Elder and Ruiz, each in their individual capacity only. 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 ED 12 JONATHAN WAYNE MUNDO, 13 Plaintiff, 14 Case No. CV 15-02511-AB (PLA) PROTECTIVE ORDER: USE OF FORCE REPORT v. 15 16 17 JOHN MCMAHON, et al., Defendants. 18 19 20 21 22 23 24 25 26 27 Defendant Sheriff McMahon, in his official capacity only, submits the following stipulation and protective order in relation to plaintiff’s request for production of documents seeking disclosure of privileged and confidential Sheriff’s Department reports related to this case. Defendant claims the documents are protected by, inter alia, the official information privilege, attorney work product and attorney-client privileges. Pursuant to a court order filed on January 3, 2018, and in order to facilitate discovery 28 1. PROTECTIVE ORDER: USE OF FORCE REPORT 1 2 3 4 while protecting defendants’ interests: 1. This protective order applies to the Use of Force Report, approved by the commander on July 12, 2012, and identified on defendants’ privilege log as item #1. 2. Documents, records and information (“Confidential Material”) disclosed 5 pursuant to this protective order, will be designated consecutively by page numbers 6 and each page will be marked “CONFIDENTIAL –UNLAWFUL TO DUPLICATE.” 7 3. The Confidential Material may be disclosed to plaintiff MUNDO. 8 Excluding the Court (including court reporters, stenographic reporters and 9 videographers, and court personnel), the Confidential Material may not be provided to 10 any other person without the prior written stipulation of defendant or authorization 11 from the Court. 12 4. Disclosure to Plaintiff’s designated expert requires Plaintiff to provide 13 defendants twenty-one (21) actual days of advanced notice in order for defendants to 14 draft an additional stipulated protective order, if required, or request a court order 15 further limiting disclosure. 16 5. The Confidential Material shall be used solely in connection with this 17 litigation and not for any other litigation. To the extent the Confidential Material is 18 disclosed at any deposition, it is subject to the terms of this protective order. 19 6. Each party shall take reasonable precaution to prevent the unauthorized or 20 inadvertent disclosure or any of the protected information or documents. Disclosure of 21 the Confidential Material pursuant to this protective order will not constitute a general 22 waiver by defendant(s) of the privileges asserted as to the Confidential Material or 23 related confidential material or records. 24 7. All documents subject to this Protective Order that are submitted to the 25 Court or used in any pretrial proceeding before this Court shall remain confidential and 26 shall be accorded in camera treatment. 27 8. The provisions of this Protective Order shall survive and remain in full 28 2. PROTECTIVE ORDER: USE OF FORCE REPORT 1 force and effect after the Entry of Final Judgment, including any appellate 2 proceedings) in this case, whether by settlement or litigation. 3 9. At the termination of this litigation, all Confidential Material governed by 4 the provisions of this protective order (including any copies) shall be returned to 5 counsel for defendant(s). 6 10. The Court shall retain jurisdiction, even after this lawsuit terminates, 7 (a) to make such amendments, modifications and additions to this Protective 8 Order as it may from time to time deem appropriate upon good cause shown and 9 (b) to adjudicate any dispute respecting improper use or disclosure of confidential 10 material. 11 11. This Protective Order may be executed in counterparts. 12 13 Dated: January 5, 2018 Signed: /s/ Kenneth C. Gregory KENNETH C. GREGORY Deputy County Counsel Attorneys for Defendants, Sheriff McMahon, in his official capacity only, and Deputies Musella, Landavazo, Ades Short, Elder and Ruiz, each in their individual capacity only 14 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 23 24 25 Dated: _____________________ January 9, 2018 _____________________________ US DISTRICT COURT JUDGE XXXXXXXXXXXXXXXXXXXXXXX Paul L. Abrams United States Magistrate Judge 26 27 28 3. PROTECTIVE ORDER: USE OF FORCE REPORT

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