K. P. v. San Bernardino County et al

Filing 24

PROTECTIVE ORDER by Magistrate Judge David T. Bristow re Stipulation for Protective Order 23 . (see document for details) (hr)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 THE SEHAT LAW FIRM, PLC Cameron Sehat, Esq. (SBN 256535) Cameron@sehatlaw.com 5100 Campus Dr., Ste 200 Newport Beach, CA, 92660 Telephone: (949) 825-5200 Facsimile: (949) 313-5001 Attorney for Plaintiff, K.P, a minor, by and through her guardian ad litem, Crystal Loomis DANIEL S. ROBERTS, Bar No. 205535 droberts@colehuber.com JEREMIAH D. JOHNSON, Bar No. 293200 jjohnson@colehuber.com COLE HUBER LLP 2855 E. Guasti Road, Suite 402 Ontario, California 91761 Telephone: (909) 230-4209 Attorneys for Defendants San Bernardino County and Christopher Morales 16 UNITED STATES DISTRICT COURT 17 18 19 20 CENTRAL DISTRICT OF CALIFORNIA Case No.: 5:23-cv-01545 HDV(DTBx) K.P., a minor, by and through her [District Judge: Hon. Hernan D. Vera; guardian ad litem, CRYSTAL Magistrate Judge: David T. Bristow] LOOMIS, individually; 21 22 23 24 25 Plaintiff, v. PROPOSED STIPULATED PROTECTIVE ORDER SAN BERNARDINO COUNTY, a Governmental Entity; C. MORALES; and DOES 1 through 10, inclusive, 26 27 Defendants. 28 1 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, and 3 private information for which special protection from public disclosure and from use for 4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate and petition the Court to enter the following Stipulated 6 Protective Order. 7 The parties acknowledge that this Order does not confer blanket protections 8 on all disclosures or responses to discovery and that the protection it affords from public 9 disclosure and use extends only to the limited information or items that are entitled to 10 confidential treatment under the applicable legal principles. The parties further 11 acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective Order 12 does not entitle them to file confidential information under seal; Civil Local Rule 79-5 13 sets forth the procedures that must be followed and the standards that will be applied 14 when a party seeks permission from the court to file material under seal. 15 16 2. GOOD CAUSE STATEMENT This action is likely to involve medical records, juvenile education records, 17 family law records, law enforcement personnel records, juvenile court records and 18 information for which special protection from public disclosure and from use for any 19 purpose other than prosecution of this action is warranted. Such confidential and 20 sensitive information consist of, among other things, confidential medical records, 21 confidential personnel records, confidential juvenile records, information related to court 22 proceedings otherwise generally unavailable to the public, or which may be privileged or 23 otherwise protected from disclosure under state or federal statutes, court rules, case 24 decisions, or common law. Accordingly, to expedite the flow of information, to facilitate 25 the prompt resolution of disputes over confidentiality of discovery materials, to 26 adequately protect information the parties are entitled to keep confidential, to ensure that 27 the parties are permitted reasonable necessary uses of such material in preparation for 28 2 1 and in the conduct of trial, to address their handling at the end of the litigation, and serve 2 the ends of justice, a protective order for such information is justified in this matter. It is 3 the intent of the parties that information will not be designated as confidential for tactical 4 reasons and that nothing be so designated without a good faith belief that it has been 5 maintained in a confidential, non-public manner, and there is good cause why it should 6 not be part of the public record of this case. 7 8 3. DEFINITIONS. 9 3.1 Action: this pending federal law suit. 10 3.2 Challenging Party: a Party or Non-Party that challenges the designation of 11 12 13 14 15 16 17 18 19 information or items under this Order. 3.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 3.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL.” 22 3.6 Disclosure or Discovery Material: all items or information, regardless 23 of the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced or 25 generated in disclosures or responses to discovery in this matter. 26 27 3.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 3 1 an expert witness or as a consultant in this Action. 2 3.8 House Counsel: attorneys who are employees of a party to this Action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 6 3.9 other legal entity not named as a Party to this action. 7 8 9 10 11 Non-Party: any natural person, partnership, corporation, association, or 3.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes support staff. 3.11 Party: any party to this Action, including all of its officers, directors, 12 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 3.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 16 Discovery Material in this Action. 17 3.13 Professional Vendors: persons or entities that provide litigation 18 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) 20 and their employees and subcontractors. 21 22 23 3.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 3.15 Receiving Party: a Party that receives Disclosure or Discovery 24 25 26 27 Material from a Producing Party. // // 28 4 1 4. 2 3 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also: 4 (A) Any information copied or extracted from Protected Material; 5 (B) All copies, excerpts, summaries, or compilations of Protected Material; and 6 (C) Any testimony, conversations, or presentations by Parties or their Counsel that 7 might reveal Protected Material. Any use of Protected Material at trial shall be 8 governed by the orders of the trial judge. This Order does not govern the use of 9 Protected Material at trial. 10 11 5. 12 13 14 15 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of: (A) dismissal of all claims and defenses in this Action, with or without prejudice; 16 and 17 (B) final judgment herein after the completion and exhaustion of all appeals, re- 18 hearings, remands, trials, or reviews of this Action, including the time limits for 19 filing any motions or applications for extension of time pursuant to applicable law. 20 21 22 6. DESIGNATING PROTECTED MATERIAL 23 6.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under 25 this Order must take care to limit any such designation to specific material that qualifies 26 under the appropriate standards. The Designating Party must designate for protection only 27 those parts of material, documents, items, or oral or written communications that qualify 28 5 1 so that other portions of the material, documents, items, or communications for which 2 protection is not warranted are not swept unjustifiably within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations that 4 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 5 to unnecessarily encumber the case development process or to impose unnecessary 6 expenses and burdens on other parties) may expose the Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 6.2 (a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party 6 1 must determine which documents, or portions thereof, qualify for protection 2 under this Order. Then, before producing the specified documents, the 3 Producing Party must affix the “CONFIDENTIAL legend” to each page that 4 contains Protected Material. If only a portion or portions of the material on a 5 page qualifies for protection, the Producing Party also must clearly identify the 6 protected portion(s) (e.g., by making appropriate markings in the margins). 7 (c) For testimony given in depositions that the Designating Party identify the 8 Disclosure or Discovery Material on the record, before the close of the 9 deposition all protected testimony. 10 (d) For information produced in some form other than documentary and for any 11 other tangible items, that the Producing Party affix in a prominent place on the 12 exterior of the container or containers in which the information is stored the 13 legend “CONFIDENTIAL.” If only a portion or portions of the information 14 warrants protection, the Producing Party, to the extent practicable, shall identify 15 the protected portion(s). 16 6.3 17 18 19 20 21 22 23 24 25 26 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. // // // // 27 // 28 // 7 1 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 7.1 3 Any Party or Non-Party may challenge a designation of confidentiality at any time 4 Timing of Challenges. that is consistent with the Court’s Scheduling Order. 5 7.2 6 The Challenging Party shall initiate the dispute resolution process under Local Rule 7 37.1 et seq. 8 7.3 9 10 11 12 13 14 15 16 Meet and Confer. The Burden of Persuasion. In any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 17 18 8. ACCESS TO AND USE OF PROTECTED MATERIAL 19 8.1 20 A Receiving Party may use Protected Material that is disclosed or produced by 21 another Party or by a Non-Party in connection with this Action only for prosecuting, 22 defending, or attempting to settle this Action. Such Protected Material may be disclosed 23 only to the categories of persons and under the conditions described in this Order. When 24 the Action has been terminated, a Receiving Party must comply with the provisions of 25 section 13 below (FINAL DISPOSITION). 26 27 Basic Principles. 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 28 8 1 authorized under this Order. 2 8.2 3 Unless otherwise ordered by the court or permitted in writing by the Designating 4 Party, a Receiving Party may disclose any information or item designated 5 “CONFIDENTIAL” only to: Disclosure of “CONFIDENTIAL” Information or Items. 6 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well 7 as employees of said Outside Counsel of Record to whom it is reasonably 8 necessary to disclose the information for this Action; 9 (b) The officers, directors, and employees (including House Counsel) of the 10 Receiving Party to whom disclosure is reasonably necessary for this 11 Action; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) The court and its personnel; (e) Court reporters and their staff; (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) During their depositions, witnesses ,and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: 1. The deposing party requests that the witness sign the form attached as Exhibit 1 hereto; and 9 1 2. They will not be permitted to keep any confidential information 2 unless they sign the Acknowledgment and Agreement to Be 3 Bound” (Exhibit A), unless otherwise greed by the Designating 4 Party or ordered by the court. Pages of transcribed deposition 5 testimony or exhibits to depositions that reveal Protected Material 6 may be separately bound by the court reporter and may not be 7 disclosed to anyone except as permitted under this Stipulated 8 Protective Order; and 9 (i) Any mediator or settlement officer, and their supporting personnel, 10 mutually agreed upon by any of the parties engaged in settlement 11 discussions. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must: (a) Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) Promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as 10 1 “CONFIDENTIAL” before a determination by the court from which the 2 subpoena or order issued, unless the Party has obtained the Designating Party’s 3 permission. The Designating Party shall bear the burden and expense of seeking 4 protection in that court of its confidential material and nothing in these 5 provisions should be construed as authorizing or encouraging a Receiving Party 6 in this Action to disobey a lawful directive from another court. 7 8 9 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a Non-Party 11 in this Action and designated as “CONFIDENTIAL.” Such information 12 produced by Non-Parties in connection with this litigation is protected by the 13 remedies and relief provided by this Order. Nothing in these provisions should 14 be construed as prohibiting a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce a 16 Non-Party’s confidential information in its possession, and the Party is subject 17 to an agreement with the Non-Party not to produce the Non-Party’s confidential 18 information, then the Party shall: 19 20 21 22 23 24 25 26 27 1) 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; 2) Promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and 3) Make the information requested available for inspection by the Non-Party, if requested. 28 11 1 (c) If the Non-Party fails to seek a protective order from this court within 14 days 2 of receiving the notice and accompanying information, the Receiving Party may 3 produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party 5 shall not produce any information in its possession or control that is subject to 6 the confidentiality agreement with the Non-Party before a determination by the 7 court. Absent a court order to the contrary, the Non-Party shall bear the burden 8 and expense of seeking protection in this court of its Protected Material. 9 10 11. 11 12 13 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately: 14 (a) Notify in writing the Designating Party of the unauthorized disclosures, 15 (b) Use its best efforts to retrieve all unauthorized copies of the Protected Material, 16 (c) Inform the person or persons to whom unauthorized disclosures were made of 17 all the terms of this Order, and 18 (d) Request such person or persons to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 21 22 23 24 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other protection, 26 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 27 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 28 12 1 may be established in an e-discovery order that provides for production without 2 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 3 as the parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted 6 to the court. 7 8 13. 9 13.1 Right to Further Relief. 10 Nothing in this Order abridges the right of any person to seek its modification by 11 12 MISCELLANEOUS the Court in the future. 13 13.2 Right to Assert Other Objections. 14 By stipulating to the entry of this Protective Order no Party waives any right it 15 otherwise would have to object to disclosing or producing any information or item on any 16 ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any 17 right to object on any ground to use in evidence of any of the material covered by this 18 Protective Order. 19 13.3 Filing Protected Material. 20 A Party that seeks to file under seal any Protected Material must comply with Civil 21 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order 22 authorizing the sealing of the specific Protected Material at issue. If a Party's request to 23 file Protected Material under seal is denied by the court, then the Receiving Party may 24 file the information in the public record unless otherwise instructed by the court. 25 // 26 // 27 // 28 13 14. 1 FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 7 8 9 10 summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that: (a) Identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed; and 12 13 (b) Affirms that the Receiving Party has not retained any copies, abstracts, 14 compilations, summaries or any other format reproducing or capturing any of 15 the Protected Material. Notwithstanding this provision, Counsel are entitled to 16 retain an archival copy of all pleadings, motion papers, trial, deposition, and 17 hearing transcripts, legal memoranda, correspondence, deposition and trial 18 exhibits, expert reports, attorney work product, and consultant and expert work 19 product, even if such materials contain Protected Material. Any such archival 20 copies that contain or constitute Protected Material remain subject to this 21 Protective Order as set forth in Section 5 (DURATION). 22 // 23 // 24 // 25 // 26 // 27 // 28 14 1 2 3 15. Violations. Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 DATED February 7 , 2024 7 8 /s/ Cameron Sehat 9 Attorneys for Plaintiff 10 DATED: February 7 , 2024 11 12 /s/Jeremiah Johnson 13 Attorneys for Defendant 14 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 AT TED:__ _)HEUXDU\ ____ ______ DATED:________________________ 17 18 19 20 21 22 23 24 25 26 27 ___________ _________ _____________________________________ bl David D id T. T Bristow B Honorable United States Magistrate Judge ATTESTATION Pursuant to L.R. 5-4.3.4(a)(2)(i), I hereby attest that Jeremiah Johnson, Counsel or Defendants, concurs in the content of this filing and have authorized this filing. THE SEHAT LAW FIRM, PLC /s/ Cameron Sehat 28 15 1 EXHIBIT A 2 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 5 I, _____________________________ [print or type full name], of _________________ 6 [print or type full address], declare under penalty of perjury that I have read in its entirety 7 and understand the Stipulated Protective Order that was issued by the United States 8 District Court for the Central District of California on [date] in the case of ___________ 9 [insert formal name of the case and the number and initials assigned to it by the court]. I 10 agree to comply with and to be bound by all the terms of this Stipulated Protective Order 11 and I understand and acknowledge that failure to so comply could expose me to sanctions 12 13 14 15 16 17 and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. 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 Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or 20 any proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17

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