Isadore Webb v. Ontario et al

Filing 21

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym [NOTE CHANGES MADE BY THE COURT TO PARAGRAPHS 8 AND 13 OF THE ORDER] (SEE ORDER FOR DETAILS). (kca)

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James R. Touchstone, SBN 184584
[e-mail]
Denise L. Rocawich, SBN 232792
[e-mail]
JONES & MAYER
3777 North Harbor Boulevard
Fullerton, CA 92835
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants CITY OF ONTARIO

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Jonathan Daniel Evans, SBN 302887
[e-mail]
THE LAW FIRM OF JONATHAN D. EVANS
155 N Lake Ave, Ste 800
Pasadena, CA 91101-1857
Telephone: [phone]

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Attorneys for Plaintiff ISADORE WEBB

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ISADORE WEBB, an individual;

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Plaintiff,
vs.
CITY OF ONTARIO, and DOES 1
through 10 Inclusive,
Defendants.

Case No.: 5:21-cv-00341 JWH (SP)
Judge:
Hon. Judge John W. Holcomb
STIPULATED PROTECTIVE
ORDER
[NOTE CHANGES MADED BY THE
COURT TO PARAGRAPHS 8 AND 13
OF THE ORDER]

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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STIPULATED PROTECTIVE ORDER

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Pursuant to Federal Rule of Civil Procedure 26(c), Defendant CITY OF

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ONTARIO and Plaintiff ISADORE WEBB (collectively "the Parties"), by their

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undersigned counsel, agree to be bound to the terms of the following Protective

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Order. The Parties represent that pre-trial discovery in this case is likely to include

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the production of information and/or documents that are confidential and/or

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privileged including the production of peace officer personnel file information

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and/or documents which the Parties agree includes: (1) Personal data, including

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marital status, family members, educational and employment history, home

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addresses, or similar information; (2) Medical history; (3) Election of employee

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benefits; (4) Employee advancement, appraisal, or discipline; and (5) Complaints,

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or investigations of complaints, concerning an event or transaction in which a

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peace officer participated, or which a peace officer perceived, and pertaining to the

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manner in which the peace officer performed his or her duties including compelled

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statements by peace officers. Defendants contend that such information is

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privileged as official information. Sanchez v. City of Santa Ana, 936 F.2d 1027,

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1033 (9th Cir. Cal. 1990); see also Kerr v. United States Dist. Ct. for N.D. Cal.,

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511 F.2d 192, 198 (9th Cir.1975), aff'd, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d

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725 (1976). Further, discovery may require the production of certain Ontario

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Police Department Policies and Procedures not available to the public and the

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public disclosure of which could comprise officer safety, raise security issues,

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and/or impede investigations. Peace officer personnel file information and/or

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documents and security-sensitive policies and procedures are hereinafter referred

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to as "Confidential Information".

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Defendants contend that that public disclosure of such material poses a

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substantial risk of embarrassment, oppression and/or physical harm to peace

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officers whose Confidential Information is disclosed. The Parties further agree that

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the risk of harm to peace officers is greater than with other government employees
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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due to the nature of their profession. Finally, the Defendants contend that the

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benefit of public disclosure of Confidential Information is minimal while the

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potential disadvantages are great.

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Accordingly, good cause exists for entry of this Protective Order to facilitate

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pre-trial disclosure while assuring the safety of these sensitive disclosures. See

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Fed. R. Civ. Proc. 26(c).

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SO STIPULATED
Dated: January 3, 2022

JONES & MAYER

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By: /s/ Denise L. Rocawich
JAMES R. TOUCHSTONE
DENISE L. ROCAWICH
Attorneys for Defendant City of
Ontario

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Respectfully submitted,

Dated: January 3, 2022

Respectfully submitted,

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THE LAW FIRM OF JONATHAN D.
EVANS

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By: /s/ Jonathan D. Evans
JONATHAN D. EVANS
Attorneys for Plaintiff Isadore Webb

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[PROPOSED] STIPULATED PROTECTIVE ORDER

PROTECTIVE ORDER

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PER THE STIPULATION OF THE PARTIES AND GOOD CAUSE

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APPEARING, IT IS HEREBY ORDERED that the terms and conditions of this

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Protective Order shall govern the handling of Discovery Materials containing

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Confidential Information in matter of Webb v. City of Ontario USCD Case No.

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CV21-00341 JWH (SP) ("the Litigation"):

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1.

Applicability of Order: This Order does not and will not govern any

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trial proceedings in this Litigation, but will otherwise be applicable to and govern

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the handling of documents, depositions, deposition exhibits, interrogatory

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responses, responses to requests for admissions, responses to requests for

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production of documents, and all other discovery obtained pursuant to the Federal

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Rules of Civil Procedure by Plaintiff in connection with the Litigation (this

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information hereinafter referred to as “Discovery Material”).

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2.

Designation of Material: Defendants may designate Discovery

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Material that is in their possession, custody or control to be produced to Plaintiff as

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“Confidential Information” under the terms of this Order if Defendants in good

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faith reasonably believe that such Discovery Material contains non-public,

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confidential material as defined in section 4 below.

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3.

Exercise of Restraint and Care in Designating Material for

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Protection: When designating Discovery Material for protection as Confidential

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Information under this Order, Defendants must take care to limit any such

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designation to specific material that qualifies under the appropriate standards.

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Mass, indiscriminate, or routinized designations are prohibited.

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4.

Confidential Information: For purposes of this Order, Confidential

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Information is any information and/or documents that Defendants believe in good

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faith to be Peace Officer Personnel File Information and/or Documents including:

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(1) Personal data, including marital status, family members, educational and

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employment history, home addresses, or similar information; (2) Medical history;
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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(3) Election of employee benefits; (4) Employee advancement, appraisal, or

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discipline; and (5) Complaints, or investigations of complaints, concerning an

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event or transaction in which a peace officer participated, or which a peace officer

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perceived, and pertaining to the manner in which the peace officer performed his

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or her duties including compelled statements. Confidential Information is also any

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Ontario Police Department Policies and Procedures not available to the public and

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the public disclosure of which could comprise officer safety, raise security issues,

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and/or impede investigations.

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5.

Designating Confidential Information: The designation of

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Discovery Material as Confidential Information for purposes of this Order shall be

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made in the following manner:

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a.

Documents: In the case of documents or other materials (apart from

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depositions or other pre-trial testimony), designation shall be made by

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stamping “Confidential” to each page containing any Confidential

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Information. Any such stamp shall not overwrite or otherwise

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obscure the text or images of any page.

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b.

Deposition and Other Proceedings: In the case of depositions or other

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pre-trial testimony, designation of the portion of the transcript

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(including exhibits) which contains Confidential Information shall be

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made (i) by a statement to such effect on the record during the

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proceeding in which the testimony is received, or (ii) by written notice

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served on counsel of record in this Litigation within thirty (30)

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business days after the receipt of the draft transcript of such

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deposition or other pre-trial proceeding. However, before such thirty

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(30) day period expires, all testimony, exhibits and transcripts of

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depositions or other testimony shall be treated as Confidential

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Information. Thereafter, only those portions properly designated shall

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be deemed Confidential Information.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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c.

Non-Written Materials: Any non-written Confidential Information

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(e.g., videotape, audio tape, computer disk, etc.) may be designated

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as such by labeling the outside of such non-written material

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designated as “Confidential”. In the event Plaintiff generates any

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“hard copy” transcription or printout from any such designated non-

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written materials, the person who generates such “hard copy”

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transcription shall take reasonable steps to maintain the

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confidentiality of such materials.

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6.

Inadvertent Disclosure: The inadvertent failure to designate

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Discovery Information as "Confidential" does not constitute a waiver of such claim

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and may be remedied by prompt supplemental written notice upon discovery of the

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inadvertent disclosure, with the effect that such Discovery Material will be subject

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to the protections of this Order. Plaintiff shall exercise good faith efforts to ensure

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that copies they make of Confidential Information produced to him, and copies

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made by others who obtained such Confidential Information directly or indirectly

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from the Plaintiff include the appropriate confidentiality legend, to the same extent

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that the Confidential Information has been marked with the appropriate

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confidentiality legend by the Defendants.

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7.

No Waiver of Privilege: Inadvertent disclosure of Confidential

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Information or otherwise privileged information shall not constitute a waiver of, or

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estoppel as to any claim of privilege. This Order is intended to provide the full

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protection afforded by Federal Rule of Evidence 502(d).

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8.

Claw-Back: Pursuant to Federal Rule of Civil Procedure 26(b)(5),

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upon learning it may have produced Confidential or otherwise privileged

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Information, Defendants shall, within ten (10) days of such discovery, request the

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return of such Information in writing by identifying the Confidential or otherwise

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privileged Information and stating the basis on which the Information should be

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withheld from production. After being notified, Plaintiff must promptly return,
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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sequester, or destroy the Confidential or otherwise privileged Information and any

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copies, must not use or disclose the Information until the claim is resolved and

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must take reasonable steps to retrieve the Confidential or otherwise privileged

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Information if he disclosed the Information before being notified. If Plaintiff

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disputes Defendants' claim of confidentiality or privilege, they shall notify the

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Defendant claiming confidentiality of the dispute and the basis therefore in writing

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within thirty (30) days of receipt of the request for the return of the Confidential or

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otherwise privileged Information. The Plaintiff and the Defendant claiming

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confidentiality shall meet and confer in good faith regarding the disputed claim

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within thirty (30) days. In the event that the Plaintiff and the Defendant claiming

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confidentiality do not resolve their dispute, either party may bring a motion for a

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determination of whether a privilege applies in compliance with Local Rule 37. If

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such a motion is made, the Defendant claiming confidentiality shall submit to the

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Court for in camera review under seal a copy of the disputed Information in

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connection with its motion papers. The submission to the Court shall not constitute

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a waiver of any privilege or protection. Defendants must preserve the Information

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claimed to be privileged or otherwise protected until the claim is resolved.
9.

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Notes of Confidential Information: Any notes, lists, memoranda,

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indices, compilations prepared or based on an examination of Confidential

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Information that quote from or paraphrase, Confidential Information with such

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specificity that the Confidential Information can be identified, or by reasonable

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logical extension can be identified, shall be accorded the same status of

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confidentiality as the underlying Confidential Information from which they are

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made and shall be subject to all of the terms of this Order.

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//

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//

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//
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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10.

Persons Authorized to Receive Confidential Information:

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Discovery Material designated “Confidential” may be disclosed, summarized,

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described, characterized or otherwise communicated or made available in whole or

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in part only to the following persons:

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a.

The Court, persons employed by the Court who are necessary for the

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handling of the Litigation, and court reporters transcribing the

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testimony or argument at a hearing, trial or deposition in this

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Litigation or any appeal there from;

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b.

Counsel of record in this Litigation, as well as paralegals, technical,

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administrative and clerical employees working under the direct

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supervision of such counsel;

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c.

Experts or consultants assisting any counsel of record in this

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Litigation, provided such experts and consultants agree to be bound

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by the terms and conditions set forth in the “Agreement Concerning

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Information Covered by Protective Order” attached hereto as

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Exhibit "A" prior to the time such information is disclosed; and

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d.

Any other person, only upon order of the Court or upon stipulation

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of the Parties, and who agrees to be bound by the terms and conditions

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set forth in the “Agreement Concerning Information Covered by

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Protective Order” attached hereto as Exhibit "A" prior to the time such

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Information is disclosed. However, under no circumstances shall

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home addresses or telephone numbers of individual Defendants be

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provided to Plaintiff.

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11.

Use of Confidential Discovery Material: Discovery Material

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containing Confidential Information shall be used solely for purposes of the

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Litigation, including any appeal and re-trial. Any person or entity in possession of

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Discovery Material designated Confidential shall maintain those materials in

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accordance with Paragraph (storage) below.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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12.

Storage of Confidential Information: The recipient of any

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Confidential Information that is provided under this Protective Order shall

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maintain such information in a reasonably secure and safe manner that ensures that

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access is limited to the persons authorized under this Order.

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13.

Filing of Confidential Information: Without written permission

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from Defendants or a Court order, Plaintiff may not file in the public record in this

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action any Confidential Information. Filing this information in the public record

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must occur with an application to file under seal in compliance with Local Rule

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79-5 when seeking to file Confidential Information under seal. Confidential

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Information may only be filed under seal pursuant to a court order authorizing the

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sealing of the specific Confidential Information at issue.

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As for any other information disclosed during discovery and marked

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“Confidential” that either party wishes to file in the public record in this action in

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support of or in opposition to any motion, the parties shall specifically identify any

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such documents and seek a stipulation concerning any sealing requirement

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therefore during the parties Local Rule 7-3 conference of counsel. If no agreement

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can be reached, the party advancing the “confidential” designation bears the

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burden of moving to have those documents sealed by the court.

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14.

No Prejudice: Agreeing to be bound by this Protective Order,

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agreeing to and/or producing or receiving Confidential Information or otherwise

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complying with the terms of this Order shall not:

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a.

Prejudice in any way the rights of Defendants to object to the

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production of documents it considers not subject to discovery, or

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operate as an admission by Defendants that the restrictions and

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procedures set forth herein constitute adequate protection for any

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particular information deemed by Defendants to be Confidential

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Information;

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b.

Prejudice in any way the rights of Defendants to object to the
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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authenticity or admissibility into evidence of any document,

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testimony or other evidence subject to this Order;

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c.

Prejudice in any way the rights of Defendants to seek a determination

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by the Court whether any Confidential Information should be subject

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to the terms of this Order;

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15.

Challenging Designation of Information: Plaintiff may challenge

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the propriety of a Confidential Information designation by providing to the

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Defendant claiming confidentiality a writing which briefly: (i) identifies with

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reasonable particularity the documents and/or information which are the subject of

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the challenge; and (ii) describes the basic legal or factual grounds for the

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challenge. Once a challenge is made, the Defendant claiming confidentiality will

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bear the burden of initiating and conducting a sufficient meet and confer (per Local

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Rule 37-1); and, if necessary, Defendant claiming confidentiality will bear the

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burdens of proof and persuasion in moving for a Protective Order (per Local Rule

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37-2) to uphold the challenged Confidential Information designation(s). Until the

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Court rules on the timely filed Motion for Protective Order, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the claiming Defendants’ designation.

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16.

Additional Parties or Attorneys: In the event additional parties join

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or intervene in this action, the newly joined party(ies) shall not have access to

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Confidential Information until its counsel has executed an agreement to be fully

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bound by this Order. If any additional attorneys make appearances in this

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Litigation, those attorneys shall not have access to Confidential Information until

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they execute the “Agreement Concerning Information Covered by Protective

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Order” attached hereto as Exhibit "A".

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17.

Protective Order Remains in Force: This Protective Order shall

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remain in force and effect until modified, superseded, or terminated by consent of

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the Parties or by order of the Court made upon reasonable written notice. Unless
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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otherwise ordered, or agreed upon by the parties, this Protective Order shall

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survive the termination of this action. The Court retains jurisdiction even after

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termination of this action to enforce this Protective Order and to make such

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amendments, modifications, deletions and additions to this Protective Order as the

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Court may from time to time deem appropriate.

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18.

Conclusion of Litigation: Within ninety (90) days after receiving

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notice of the entry of an order, judgment or decree finally disposing of this

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Litigation, all persons having received Confidential Information shall either return

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such material and all copies thereof to the counsel of the Defendant who

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designated the information as Confidential or destroy all such Confidential

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Information including the Confidential Information Plaintiff provided to other

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persons. In either case, counsel for Plaintiff must certify that fact to the counsel of

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the Defendant who designated the information as Confidential.

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19.

Redaction Allowed: Defendants may redact Confidential Information

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from documents and things produced to the extent that such information consists of

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personal identifying information of third parties per Federal Rule of Civil

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Procedure 5.2 and Central District Local Rule 5.2-1 and/or personal identifying

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information of peace officers or their family members, such as ID numbers, phone

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numbers, addresses, or medical history which is unrelated to any claim or defense

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raised in the instant action. Defendants shall mark each thing where matter has

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been redacted with a legend stating “REDACTED,” as appropriate, or a

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comparable notice.

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20.

Violations of Protective Order: In the event that any person or party

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should violate the terms of this Protective Order, the aggrieved party may apply to

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the Court obtain relief against any such person or party violating or threatening to

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violate any of the terms of this Protective Order.

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In the event that the aggrieved party seeks injunctive relief, it must petition
the District Judge for such relief, which may be granted at the sole discretion of the
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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District Judge.

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IT IS SO ORDERED.

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Dated: January 7, 2022

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__________________________________
Hon. Sheri Pym
United States Magistrate Judge

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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EXHIBIT "A"TO STIPULATED PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ISADORE WEBB, an individual;

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Plaintiff,
vs.
CITY OF ONTARIO, and DOES 1
through 10 Inclusive,

Case No: CV21-00341 JWH (SP)
AGREEMENT CONCERNING
INFORMATION COVERED BY
STIPULATED PROTECTIVE
ORDER

Defendants.

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1.

I, __________________________________, hereby acknowledge

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that I have received a copy of the Stipulated Protective Order entered in this

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Litigation [Case No: CV21-00341 JWH (SP)] by the United States District Court

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for the Central District of California (hereinafter, “the Protective Order”).

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2.

I have either read the Protective Order or have had the terms of the

Protective Order explained to me by my attorney.
3.

I understand the terms of the Protective Order and agree to comply

with and to be bound by such terms.
4.

If I receive documents or information designated as Confidential

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Information (as that term is defined in the Protective Order), I understand that such

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Information is provided to me pursuant to the terms and restrictions of the

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Protective Order.

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5.

I agree to hold in confidence and not further disclose or use for any

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purpose (other than is permitted by the Protective Order) any Confidential

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Information disclosed to me pursuant to the terms of the Protective Order.

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6.

I hereby submit myself to the jurisdiction of the United States District
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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Court for the Central District of California for resolution of any matters pertaining

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to the Protective Order.

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My address is:____________________________________

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My present employer is: ________________________________

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Dated: ______________

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Signed: _________________________

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[PROPOSED] STIPULATED PROTECTIVE ORDER