Tiffany Barraza v. City of Moreno Valley et al

Filing 36

PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. (NOTE CHANGES MADE BY THE COURT). re Stipulation for Protective Order, 33 . (sbou)

1 ARTHUR K. CUNNINGH.AM,SB# 97506
E-Mail: Arthur.Cunnin~ham(a~lewisbrisbois.com
STEPHANIE J. TANAi~A St3# Z57~/by
2
E-Mail: Ste hanie.Tanac~a lewisbrisbois.com
LLP
3 LEWIS B
Suite 600
.
650 East Hospitality Lane,
4 San Bernardino, California 92408
Telephone: [phone]
Facsimile: 909.387.1138
5
6 Attorneys for Defendants
COUNTY OF RIVERSIDE,DEPUTY
7 JONATHAN BODNAR and DEPUTY
RAUL RODRIGUEZ
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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CASE NO. 16-CV-01390-BRO(PJWx)

13 TIFFANY BARRAZA,
Plaintiff,

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PROTECTIVE ORDER

vs.

16 CITY OF MORENO VALLEY,
et al.,
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Defendants.
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IT IS HEREBY ORDERED:

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0;

A.

(NOTE CHANGES MADE BY THE
COURT)

Parties may designate as "Confidential" such documents and

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f
aith constitute, contain or reflect confidential information, and shall so

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mark such documents. The protections conferred by this Order cover

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not only Confidential documents and information, but also(1}any

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information copied or extracted from Confidential documents and

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information;(2)all copies, excerpts, summaries, or compilations of

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information produced by them that they respectively believe in good

Confidential documents; and(3)any testimony, conversations, or

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presentations by parties or then counsel that might reveal Confidential

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[PROPOSED]PROTECTIVE ORDER

documents or information.

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B.

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information relating to peace officer personnel records and peace
officer personnel investigation records. Those records are confidential

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under California Evidence Code § 1043-1047 and Penal Code section
832.7, and are discoverable only pursuant to a protective order. Doe v.

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S
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Documents and information designated as Confidential shall be limited
to the following: Plaintiff seeks the discovery of certain documents and

C.

City ofSan Diego, 2013 U.S. Dist. Lexis 35048(S.D.CaI.2013).
Designation of documents and information as Confidential shall be

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accomplished by:

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1.

Placing on the first page ofeach document to be so designated a

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stamp or notice in such a manner as will not interfere with the

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legibility thereof marking the document as Confidential.
2.

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Affixing a "Confidential" stamp or designation to non-paper
documents, such as CDs.

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D.

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Access to Confidential documents and information shall be strictly

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limited to:

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1.

Attorneys actively working on this case;

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2.

Persons regularly employed or associated with the attorneys

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actively working on the case whose assistance is required by said

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attorneys in the preparation for trial, or at other proceedings in

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this case;

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3.

The parties;

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4.

Expert witnesses and consultants retained in connection with this

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proceeding, to the extent such disclosure is necessary for

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preparation, trial or other proceedings in this case;

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5.

The Court and its employees; and

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6.

Stenographic reporters who are engaged in proceedings

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[PROPOSED]PROTECTIVE ORDER

necessarily incident to the conduct of this action.

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.

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Any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any ofthe parties engaged in

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settlement discussions.

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E.

Counsel may, to the extent necessary for the prosecution or defense of

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this action, in good faith make Confidential documents and information

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available to expert witnesses and consultants provided that, prior to

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delivering Confidential documents and information to the expert or

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consultant, counsel shall obtain from the expert/consultant an

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undertaking in the following form signed and dated by the

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expert/consultant:

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" hereby acknowledge that I am to receive documents and/or
I

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receipt of a copy of that protective order and certify that I have read it

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and that I agree to be bound by the terms and restrictions set forth

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therein. I further agree that any documents and infornnation designated

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as Confidential pursuant thereto which is delivered to me will be

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segregated and kept by me in a safe place, and will not be made known

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to others except in accordance with the terms ofthe protective order. I

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also agree to dispose of all such Confidential documents and all

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summaries ox other documents containing knowledge or information

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obtained therefrom in such manner as I may be instructed after

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completing my services."

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ATORlEK Ai UW

District Caurt for the Central District of California. I acknowledge

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Maldonado v. County of Riverside et al., pending in the United States

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&~RiW'

Protective Order in Civil Action 16-02372 R {DTBx},entitled

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LEVIIIS
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information designated as Confidential pursuant to the terms of a

F.

Counsel and the parties are required to advise, instruct and supervise all
associates, staff and employees ofcounsel to keep designated

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Confidential documents and information confidential in the strictest

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possible fashion. Counsel and the parties also agree to such treatment

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ofthe documents and information by themselves, and counsel will

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appropriately instruct their clients as to the protected nature of the

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documents and information produced pursuant to this order and the

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limitations on its use and disclosure. Confidential documents and

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information must be stored and maintained by a receiving party at a

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location and in a secure manner that ensures that access is limited to the

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persons authorized under this order.

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G.

If any documents or information designated as Confidential are used at

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deposition, the relevant portions ofany such deposition transcript shall

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be subject to the terms of this protective order unless there has been a

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prior stipulation or order designating the document or information as

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non-confidential.

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H.

If any document or information which has been designated as

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Confidential is filed with the court prior to trial, it shall be filed in a

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sealed envelope along with an application for filing under seal as

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provided in Local Civil Rule 79-5.1, unless there has been a prior

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stipulation or order designating the document or information as non-

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confidential.

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I.

If a party is served with a subpoena or a court order issued in other

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litigation that compels disclosure of any information or items

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designated in this Action as Confidential, that party must:

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1.

Promptly notify in writing the designating party. Such
notification shall include a copy ofthe subpoena or court order.

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.

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Promptly notify in writing the party who caused the subpoena or

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order to issue in the other litigation that some or all ofthe

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material covered by the subpoena or order is subject to this
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[PROPOSED]PROTECTIVE ORDER

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protective order. Such notification shall include a copy of this

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order.
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.

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Cooperate with respect to all reasonable procedures sought to be

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pursued by the designating party whose Confidential documents

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or information may be affected. If the designating party timely

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seeks a protective order, the party served with the subpoena or

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court order shall not produce any information designated in this

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action as Confidential before a determination by the court from

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which the subpoena or order issued, unless the party has obtained

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the designating party's permission. The designating party shall

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bear the burden and expense of seeking protection in that court

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of its Confidential documents and information and nothing in

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these provisions should be construed as authorizing or

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encouraging a receiving party in this action to disobey a lawful

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directive from another court.

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J.

The parties may stipulate that a document or item ofinformation

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originally designated as Confidential is not confidential. If a party

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contends a document or item ofinformation should not be considered

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Confidential, and an agreement cannot be reached,the party may apply

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to the Court in compliance with Local Rule 37 for an order that the

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document or information is not covered by this protective order.

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K.

Upon termination ofthis action by settlement or byjudgment and

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designated or treated as Confidential pursuant to this order shall

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promptly(not later than 30 days following termination ofthe action) be

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delivered to counsel for the Defendants as the case may be, or disposed

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completion of all appellate proceedings, all documents and information

of pursuant to further agreement ofthe parties or order ofthe Court.

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L.

The Court may modify the terms and conditions ofthe protective order

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[PROPOSED]PROTECTIVE ORDER

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for good cause, or in the interest ofjustice, or on its own order at any
time in these proceedings. If a party believes that the provisions of this

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protective order have been violated, the party may apply to the Court

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f sanctions or other appropriate relief pursuant to Fed. R. Civ. P. 37.
or

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S

M.

Any use of Confidential documents or information at trial shall be

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governed by the orders ofthe trial judge. This order does not govern

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the use of confidential documents or information at trial.

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N.

This protective order shall survive the final termination ofthis action
and the Court sha11 retain jurisdiction to assess monetary sanctions ox

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other relief and to resolve any dispute concerning the use ofthe

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documents and information disclosed pursuant to this Protective Order.

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IT IS SO ORDERED,ADJUDGED,AND DECREED.

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14 DATED:February ~?2017
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By:

~
P~~P J.9~ALSH
Hon.
UNITED STATES. 1~9~~~1~1~
JUDGE

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