Shirley Garcia et al v. County of Riverside et al

Filing 23

ORDER APPROVING AMENDED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 22 (SEE ORDER FOR DETAILS) (dts)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 20 SHIRLEY GARCIA and ANTHONY ) CASE NO.: 16-cv-01820-TJH-(KKx) GARCIA, as surviving heirs and ) successor in interest to decedent ) Hon. Terry J. Hatter, Jr. Joseph Anthony Garcia, ) ) AMENDED [PROPOSED] ) PROTECTIVE ORDER RE: PEACE Plaintiffs, ) OFFICER PERSONNEL FILES ) v. ) ) NOTE CHANGES MADE BY THE COURT COUNTY OF RIVERSIDE, AARON ) MARTIN, an individual, KRISTINE ) ZANETEL, an individual, SCOTT ) OVERTON, an individual, ADRIAN ) COTOLA, and individual, and DOES ) 1-50, Inclusive, ) ) Defendants. ) ______________________________ ) 21 Pursuant to the Parties Stipulation filed on February 8, 2017, IT IS HEREBY ORDERD AS 22 FOLLOWS: 11 12 13 14 15 16 17 18 19 23 A. PURPOSE AND LIMITATIONS 24 Discovery in this action is likely to involve production of confidential, proprietary, or 25 private information for which special protection from public disclosure and from use for any 26 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 27 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 28 acknowledge that this Order does not confer blanket protections on all disclosures or responses to DISENHOUSE LAW APC 1 AMENDED [PROPOSED] PROTECTIVE ORDER 1 discovery and that the protection it affords from public disclosure and use extends only to the 2 limited information or items that are entitled to confidential treatment under the applicable legal 3 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 4 Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 5 79-5 sets forth the procedures that must be followed and the standards that will be applied when a 6 party seeks permission from the court to file material under seal. 7 B. 8 This action is likely to involve information for which special protection from public 9 disclosure and from use for any purpose other than prosecution of this action is warranted. Such 10 confidential and materials and information consist of, among other things, information contained 11 within a peace officer's personnel file, which information may not be disclosed without court order 12 under state law, information otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, court rules, case 14 decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the 15 prompt resolution of disputes over confidentiality of discovery materials, to adequately protect 16 information the parties are entitled to keep confidential, to ensure that the parties are permitted 17 reasonable necessary uses of such material in preparation for and in the conduct of trial, to address 18 their handling at the end of the litigation, and serve the ends of justice, a protective order for such 19 information is justified in this matter. It is the intent of the parties that information will not be 20 designated as confidential for tactical reasons and that nothing be so designated without a good 21 faith belief that it has been maintained in a confidential, non-public manner, and there is good 22 cause why it should not be part of the public record of this case. GOOD CAUSE STATEMENT 23 2. DEFINITIONS 24 2.1 Action: SHIRLEY GARCIA v. COUNTY OF RIVERSIDE, Case No.: 16- 25 26 27 CV-01820-TJH-(KKx). 2.2 Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Order. 28 DISENHOUSE LAW APC 2 AMENDED [PROPOSED] PROTECTIVE ORDER 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 2 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 3 Civil Procedure 26(c), and as specified above in the Good Cause Statement. 4 5 6 7 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support 2.5 Designating Party: A Party or Non-Party that designates information or items that it staff). produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the 9 medium or manner in which it is generated, stored, or maintained (including, among other things, 10 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 11 responses to discovery in this matter. 12 2.7 Expert: A person with specialized knowledge or experience in a manner pertinent 13 to the litigation who has been retained by a Part or its counsel to serve as an expert witness or as a 14 consultant in this Action. 15 16 17 18 19 2.8 House Counsel: Attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.9. Non-Party: Any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: Attorneys who are not employees of a party to this 20 Action but are retained to represent or advise a party to this Action and have appeared in this 21 Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that 22 party, and includes support staff. 23 24 25 26 2.11 Party: Any part to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material in this Action. 27 28 DISENHOUSE LAW APC 3 AMENDED [PROPOSED] PROTECTIVE ORDER 1 2.13 Professional Vendors: Persons or entities that provide litigation support services 2 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 3 storing, or retrieving data in any form or medium) and their employees and subcontractors. 4 5 6 2.14 Protected Material: Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: A Party that receives Disclosure or Discovery Material form a 7 Producing Party. 8 3. 9 The protections conferred by this Stipulation and Order cover not only Protected Material 10 (as defined above), but also (1) any information copied or extracted from Protected Materials; (2) 11 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 12 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 13 14 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. 15 4. 16 Once a case proceeds to trial, all of the information that was designated as confidential or 17 maintained pursuant to this protective order becomes public and will be presumptively available to 18 all members of the public, including the press, unless compelling reasons supported by specific 19 factual findings to proceed otherwise are made to the trial judge in advance of the trial. See 20 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 21 “good cause” showing for sealing documents produced in discovery from “compelling reasons” 22 standard when merits-related documents are part of court record). Accordingly, the terms of this 23 protective order do not extend beyond the commencement of trial. DURATION 24 Even after final disposition of this litigation, the confidentiality obligations imposed by this 25 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 26 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 27 and defenses in this Action, with or without prejudice, and (2) final judgment herein after the 28 completion and exhaustion of all appeals, rehearings, remands, trials or reviews of this Action, DISENHOUSE LAW APC 4 AMENDED [PROPOSED] PROTECTIVE ORDER 1 including the time limits for filing any motions or applications for extension of time pursuant to 2 applicable law. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 5 or Non-Party that designates information or items for protection under this Order must take care to 6 limit any such designation to specific material that qualified under the appropriate standards. The 7 Designating Party must designate for protection only those parts of material, documents, items or 8 oral or written communications that qualify so that other portions of the material, documents, items 9 or communications for which protection is not warranted are not swept unjustifiably within the 10 11 ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are 12 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 13 unnecessarily encumber the case development process or to impose unnecessary expenses and 14 burdens on other parties) may expose the Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it designated for 16 protection do not qualify for protection, that Designating Party must promptly notify all other 17 Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designation. Except as otherwise provided in this Order (see, 19 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 20 Discovery Material that qualifies for protection under this Order must be clearly so designated 21 before the material is disclosed or produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic documents, but 24 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 25 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to 26 each page that contains protected material. If only a portion or portions of the material on a page 27 qualified for protection, the Producing Party also must clearly identify the protected portion(s)(e.g., 28 by making appropriate markings in the margins). DISENHOUSE LAW APC 5 AMENDED [PROPOSED] PROTECTIVE ORDER 1 A Party or Non-Party that makes original documents available for inspection need not 2 designate them for protection until after the inspecting Party has indicated which documents it 3 would like copied and produced. During the inspection and before the designation, all of the 4 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 5 Party has identified the documents it wants copied and produced, the Producing Party must 6 determine which documents, or portions thereof, qualify for protection under this Order. Then, 7 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 8 legend” to each page that contains Protected Material. If only a portion or portions of the material 9 on a page qualified for protection, the Producing Party also must clearly identify the protected 10 11 12 13 portions(s)(e.g., by making appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party identify the Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony. (c) for information produced in some form other than documentary and for any other 14 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 15 or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion 16 or portions of the information warrants protection, the Producing Party, to the extent practicable, 17 shall identify the protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 19 designate qualified information or items does not, standing alone, waive the Designating Party’s 20 right to secure protection under this Order for such materials. 21 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 22 in accordance with the provisions of this Order. Upon timely correction of a 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenge. Any Party or Non-Party may challenge a designation of 25 26 27 confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 28 DISENHOUSE LAW APC 6 AMENDED [PROPOSED] PROTECTIVE ORDER 1 6.3 The burden of persuasion in any such challenge proceedings shall be on the 2 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 3 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to 4 sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, 5 all parties shall continue to afford the material in question the level of protection to which it is 6 entitled under the Producing Party’s designation until the Court rules on the challenge. 7 7. ACCESS TO AND USE OF PROTECTED MATERIAL 8 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 9 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 10 defending or attempting to settle this Action. Such Protected Material may be disclosed only to the 11 categories of persons and under the conditions described in this Order. When the Action has been 12 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 13 DISPOSITION). 14 15 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 17 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 18 information or item designated “CONFIDENTIAL” only to: 19 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as 20 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 21 information for this Action; 22 23 24 (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 disclosure 25 is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 26 to be Bound” (Exhibit A); 27 (d) The court and its personnel; 28 (e) Court reporters and their staff; DISENHOUSE LAW APC 7 AMENDED [PROPOSED] PROTECTIVE ORDER 1 (f) Professional jury or trial consultants, mock jurors and Professional Vendors 2 to whom disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgement and Agreement to be Bound” (Exhibit A); 4 5 (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 6 (h) During their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that 8 the witness sign the form attached as Exhibit 1 hereto hereto; and (2) they will not be permitted to 9 keep any confidential information unless they sign the “Acknowledgment and Agreement to be 10 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. 11 Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material 12 may be separately bound by the court reporter and may not be disclosed to anyone except as 13 permitted under this Stipulated Protective Order; and (i) 14 15 agreed upon by any of the parties engaged in settlement discussions. 16 17 any mediator or settlement officer, and their supporting personnel, mutually 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation that compels 19 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party 20 must: (a) 21 22 Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order. (b) 23 Promptly notify in writing the party who caused the subpoena or order to issue int 24 eh other litigation that some or all of the material covered by the subpoena or order is subject to 25 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 26 and 27 28 DISENHOUSE LAW APC (c) Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 8 AMENDED [PROPOSED] PROTECTIVE ORDER 1 If the Designating Party timely seeks a protective order, the Party served with the subpoena 2 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 3 before a determination by the court from which the subpoena or order issued, unless the Party has 4 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 5 expense of seeking protection in that court of its confidential material and nothing in these 6 provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 7 disobey a lawful directive from another court. 8 9 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in 11 this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 12 connection with this litigation is protected by the remedies and relief provided by this Order. 13 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 14 additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 16 Party’s confidential information in its possession, and the Party is subject to an agreement with the 17 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) 18 19 Promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party. 20 (2) Promptly provide the Non-Party with a copy of the Stipulated Protective 21 Order in this Action, the relevant discovery request(s), and a reasonably specific description of the 22 information requested; and 23 (3) 24 requested. 25 (c) Make the information requested available for inspection by the Non-Party, if If the Non-Party fails to seek a protective order from this court within 14 days of 26 receiving the notice and accompanying information, the Receiving Party may produce the Non- 27 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 28 a protective order, the Receiving Party shall not produce3 any information in its possession or DISENHOUSE LAW APC 9 AMENDED [PROPOSED] PROTECTIVE ORDER 1 control that is subject to the confidentiality agreement with the Non-Party before a determination 2 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 3 of seeking protection in this court of its Protected Material. 4 10. 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 6 Material to any person or in any circumstance not authorized under this Stipulated Protective 7 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 8 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 9 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 10 terms of this Order, 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 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently 15 produced material is subject to a claim of privilege or other protection, the obligations of the 16 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 17 provision is not intended to modify whatever procedure may be established in an e-discovery order 18 that provides for production without prior privilege review. 19 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 20 communication or information covered by the attorney-client privilege or work product protection, 21 the parties may incorporate their agreement in the stipulated protective order submitted to the 22 court. This Pursuant 6to Federal Rules of 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 25 26 seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 27 Order no Party waives any right it otherwise would have to object to disclosing or producing any 28 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no DISENHOUSE LAW APC 10 AMENDED [PROPOSED] PROTECTIVE ORDER 1 Party waives any right to object on any ground to use in evidence of any of the material covered by 2 this Protective Order. 3 12.3 Filing Protect Material. A Party that seeks to file under seal any Protected Material 4 must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant 5 to a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s 6 request to file Protected Material under seal is denied by the court, then the Receiving Party may 7 file the information in the public record unless otherwise instructed by the court. 8 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 10 written request by the Designating Party, each Receiving Party must return all Protected Material 11 to the Producing Party or destroy such material. As used in this subdivision, "all Protected 12 Material" includes all copies, abstracts, compilations, summaries and any other format reproducing 13 or capturing any of the Protected Material. 14 destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if 15 not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned destroyed and (2) 17 affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or 18 any other format reproducing or capturing any of the Protected Material. Notwithstanding this 19 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 20 deposition and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 21 expert rep01ts, attorney work product, and consultant and expert work product, even if such 22 materials contain Protected Material. 23 Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 24 /// 25 /// 26 /// 27 /// 28 /// DISENHOUSE LAW APC Whether the Protected Material is returned or Any such archival copies that contain or constituted 11 AMENDED [PROPOSED] PROTECTIVE ORDER 1 2 14. Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 5 6 7 8 ORDER The Protective Order is GRANTED. IT IS SO ORDERED Dated: February 13, 2017 HON. KENLY KIYA KATO UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISENHOUSE LAW APC 12 AMENDED [PROPOSED] PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _________________________[print or type full name], of __________________, [print 4 5 or type full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on [date] in the case of [insert formal name of the case and the 8 case number]. I agree to comply with and to be bound by all the te1ms of this Stipulated 9 10 Protective Order and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 15 I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. I hereby 17 18 appoint [print or type full name] of_________, [print or type full address] as my California 19 agent for service of process in connection with this action or any proceedings related to 20 enforcement of this Stipulated Protective Order. 21 22 23 Date: City and State where sworn and signed: ______________________________________ 24 25 26 Printed name: _________________________________________ Signature: ____________________________________________ 27 28 DISENHOUSE LAW APC 13 AMENDED [PROPOSED] 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?