David Manzo v. County of Riverside et al

Filing 83

PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)

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Arthur K. Cunningham, SBN 97506
E-Mail: [e-mail]
James C. Packer, SBN 77675
E-Mail: [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
650 East Hospitality Lane, Suite 600
San Bernardino, California 92408
Telephone: [phone]
Facsimile: [phone]
Christopher D. Lockwood, SBN 110853
E-Mail: [e-mail]
ARIAS & LOCKWOOD
1881 S. Business Center Drive, Suite 9A
San Bernardino, CA 92408
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants County of Riverside, Sheriff Stanley Sniff, Jerry Gutierrez,
Deputy McCollum, Deputy P. Salazar, Deputy Jonathan Toan, and Sergeant Christopher
Wedel

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAVID MANZO, by and through his )
Conservator, Genoveva Manzo,
)
)
Plaintiff,
)
)
vs.
)
)
COUNTY OF RIVERSIDE; STANLEY )
SNIFF, Sheriff of Riverside County; )
ANDREW SHOUSE, Captain of Robert )
Presley Detention Center; JERRY )
GUTIERREZ, Corrections Assistant )
Sheriff; Deputy MCCOLLUM; Deputy P. )
SALAZAR; Deputy JONATHAN TOAN; )
Sergeant CHRISTOPHER WEDEL; )
Nurse ENEKA; KEVIN SANCHEZ; )
ROSS LUSTED; and DOES 1 through )
125,
)
)
Defendants. )
)
)

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CASE NO.: 5:17-cv-1165 JGB (Sp)
PROTECTIVE ORDER

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It is hereby ORDERED:
1. Parties may designate as “Confidential” such documents and information produced

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by them that they respectively believe in good faith constitute, contain or reflect

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confidential information, and shall so mark such documents. (Such materials are

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hereinafter referred to as “Confidential Materials.”) The protections conferred by this

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Order cover not only Confidential Materials (as defined above), but also (1) any

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information copied or extracted from Confidential Materials; (2) all copies, excerpts,

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summaries, or compilations of Confidential Materials; and (3) any testimony,

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conversations, or presentations by parties or their counsel that might reveal Confidential

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Materials.
2. Documents and information designated as Confidential shall be limited to the
following:

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(a) Plaintiffs seek the discovery of certain documents and information relating to

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peace officer personnel records and peace officer personnel investigation files. Some of

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the documents relevant to this case include personal cell phone numbers of peace officers.

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Those records are confidential under California Evidence Code § 1043-1047 and Penal

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Code section 832.7, and are discoverable only pursuant to a protective order. Doe v. City

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of San Diego, 2013 U.S. Dist. Lexis 35048 (S.D.Cal. 2013).

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(b) Plaintiffs may request videos depicting portions of the inside of a Riverside
County jail. The videos may depict matters which could affect jail security.
(c) Plaintiffs may inspect a Riverside County jail and may obtain photographs during

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the inspection. Some of the photographs may depict matters which could affect jail

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security.

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3. Designation of documents as Confidential Materials shall be accomplished either by

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placing on the first page of each document to be so designated a stamp or notice

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“Confidential – page _________ of ___________” in such a manner as will not interfere

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with the legibility thereof, or by affixing a “Confidential” stamp or designation to non-

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paper documents, such as CDs.
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4. Access to Confidential Materials and the information they contain or reflect shall be
strictly limited to:

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a. attorneys actively working on this case;

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b. persons regularly employed or associated with the attorneys actively working

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on the case whose assistance is required by said attorneys in the preparation

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for trial, or at other proceedings in this case;

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c. the parties;

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d. designated expert witnesses and consultants retained in connection with this

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proceeding, to the extent such disclosure is necessary for preparation, trial or

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other proceedings in this case;

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e. the Court and its employees; and

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f. stenographic reporters who are engaged in proceedings necessarily incident to

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the conduct of this action.
g. any mediator or settlement officer, and their supporting personnel, mutually

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agreed upon by any of the parties engaged in settlement discussions.

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5. Counsel may, to the extent necessary for the prosecution or defense of this action, in

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good faith make Confidential Materials available to expert witnesses and consultants

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provided that, prior to delivering Confidential Materials to the expert or consultant,

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counsel shall obtain from the expert/consultant an undertaking in the following form

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signed and dated by the expert/consultant:

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“I hereby acknowledge that I am to receive information and/or documents designated as

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confidential pursuant to the terms of a Protective Order in Civil Action No. 17-cv-1165

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JGB (Sp), entitled Manzo v. County of Riverside et al., pending in the United States

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District Court for the Central District of California. I acknowledge receipt of a copy of

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that Protective order and certify that I have read it and that I agree to be bound by the

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terms and restrictions set forth therein. I further agree that any information designated

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confidential pursuant thereto which is delivered to me will be segregated and kept by

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me in a safe place, and will not be made known to others except in accordance with the
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terms of said protective order. I also agree to dispose of all such confidential

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documents and all summaries or other documents containing knowledge or information

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obtained therefrom in such manner as I may be instructed after completing my

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services.”

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6. Counsel and the parties are required to advise, instruct and supervise all associates,

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staff and employees of counsel to keep designated Confidential Material confidential in the

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

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information by themselves, and counsel will appropriately instruct their clients as to the

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protected nature of the information produced pursuant to this order and the limitations on

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its use and disclosure. Confidential Material must be stored and maintained by a receiving

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

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authorized under this Order.

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7. If any documents or information designated as confidential are used at deposition,

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the relevant portions of any such deposition transcript shall be subject to the terms of this

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Protective order unless there has been a prior stipulation or order designating the document

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or information as non-confidential.

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8. If any document or information which has been designated as confidential is filed

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with the court prior to trial, it shall be filed in a sealed envelope along with an application

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for filing under seal as 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-confidential.

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9. If a Party is served with a subpoena or a court order issued in other litigation that

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compels disclosure of any information or items designated in this Action as Confidential,

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that party must:

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(a) Promptly notify in writing the designating party. Such notification shall include a

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copy of the subpoena or court order.

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(b) Promptly notify in writing the party who caused the subpoena or order to issue in

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the other litigation that some or all of the material covered by the subpoena or order is

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subject to this Protective Order. Such notification shall include a copy of this Stipulated

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Protective Order.

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(c) Cooperate with respect to all reasonable procedures sought to be pursued by the

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designating party whose Confidential Material may be affected. If the designating

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

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shall not produce any information designated in this action as confidential before a

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determination by the court from which the subpoena or order issued, unless the party

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has obtained the designating party’s permission. The designating party shall bear the

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burden and expense of seeking protection in that court of its confidential material and

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nothing in these provisions should be construed as authorizing or encouraging a

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receiving party in this action to disobey a lawful directive from another court.

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10. The parties may stipulate that a document or item of information originally

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designated as confidential is not confidential. If a party contends a document or item of

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information should not be considered confidential, and an agreement cannot be reached,

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the party may apply to the court in compliance with Local Rule 37 for an order that the

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document information is not covered by this protective order.

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11. Upon termination of this action by settlement or by judgment and completion of all

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appellate proceedings, all documents and material designated or treated as Confidential

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Materials pursuant to this Order shall promptly (not later than 30 days following

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termination of the action) be delivered to counsel for the Defendants as the case may be, or

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disposed of pursuant to further agreement of the parties or order of the court.

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12. The Court may modify the terms and conditions of the Protective Order for good

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cause, or in the interest of justice, or on its own order at any time in these proceedings. If

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a party believes that the provisions of this Protective Order have been violated, the party

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may apply to the Court for sanctions or other appropriate relief pursuant to Fed. R. Civ. P.

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37.

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13. Any use of confidential documents or information at trial shall be governed by the

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orders of the trial judge. This Order does not govern the use of confidential documents or

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information at trial.

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14. This Protective Order shall survive the final termination of this action and the Court

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shall retain jurisdiction to assess monetary sanctions or other relief and to resolve any

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dispute concerning the use of the documents and information disclosed pursuant to this

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Protective Order.

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IT IS SO ORDERED.
Dated: February 7, 2018
__________________________
United States Magistrate Judge

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