Jose Jaime Aguilar Lopez et al v. City of Anaheim et al

Filing 47

PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION by Magistrate Judge Arthur Nakazato, re Stipulation for Protective Order 46 . (twdb)

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1 2 3 4 5 6 7 MICHAEL R.W. HOUSTON, CITY A.TTORNEY GREGG 1\4. l\:UDET (SBN 158682) r~=~=i~9~6) tfs A=~!l::!X,~uite 356 1 • FILED- SOUTHERN DIVISION CLERK, U~STR!CT COURT i\:naheim CalifOrnia Fax: (714) 765 5123 92805 Tel: (714) 765 5169 ==~-~ael -~~~4] [ i\.ttomeys fur Defendants City of i\naheim, ~--~---=~·=-=-==-=~- 'NTRAL DISTRICT OF CALIFOFlNIA DEPUTY RY·.:::~ 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 JOSE JAIME AGUILAR LOPEZ; ELIZABETH AGUILAR; SUSAN LOPEZ; Y.A., a minor; C.A., a minor; E.A., a minor; B.A., a minor; C.N.A., a minor; ANTONIO ALONSO, Individually and as Guardian Ad Litem for minor children; CLAUDIA CARDENAS, 15 16 17 18 19 20 21 22 23 Plaintiffs, Case No.: SACV 13-1094 JLS (ANx) Assigned to: Hon. Josephine L. Stanton Dept.: lOA PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION Action Filed: Trial Date: July 19, 2013 October 21, 2014 v. CITY OF ANAHEIM; CITY OF ANAHEIM POLICE DEPARTMENT; OFFICER KEVIN FLANAGAN #480 (#A1128): SERGEANT MICHAEL LYNCH #S157 (#A0829); OFFICER BURKE; OFFICER ROBERT LOPEZ #672 (A1779}; OFFICER MARK BLAIS #584 (A1506}· OFFICER PAUL CHRISTY /1184; and DOES 1 through 10, Inclusive, Defendants. 24 25 26 Based on the stipulation of all parties, through their respective attorneys of 27 record, and good cause appearing therefor, the Court hereby enters the following 28 protective order: Case No. SACV 13-1094 JLS (ANx) 1 1. This Protective Order ("Order") applies to and governs the use of 2 confidential police officer personnel and training materials which are being 3 produced to plaintiffs by defendant the City of Anaheim in this action. Plaintiffs 4 have requested copies of all personnel, training and discipline file( s) maintained 5 by the Anaheim Police Department (" APD") for officers Kevin Flanagan, 6 Michael Lynch, Jeffrey Burke, Robert Lopez, and Paul Christy (collectively the 7 "Officers"). The Officers' respective personnel files may contain information 8 regarding any complaints against the Officers, disciplinary charges, findings and 9 actions, and their respective personal backgrounds and contact information, all of 10 which has been generated or collected by the APD and thereafter maintained in 11 confidence. The Officers' respective training files contain information 12 concerning the internal functioning of the APD which is also maintained in strict 13 confidence. Anaheim has invoked the official information privilege with respect 14 to the information contained in these materials (hereinafter referred to as 15 "Confidential Information"). The term Confidential Information includes the 16 information described above, and any documents containing such information. 17 18 2. Plaintiffs counsel shall use the Confidential Information solely for 19 the purposes of this litigation, and shall not disclose any portion of the 20 Confidential Information to any other person, firm or corporation except: 21 A. Bona fide employees of counsel's law offices, and then only 22 to the extent necessary to enable said persons to assist in litigation of this 23 action; 24 25 B. Plaintiffs, to the extent deemed necessary by counsel for the prosecution of this litigation 26 C. Expert witnesses employed by the parties to this action; 27 D. Consultants retained by the parties to this action; or 28 E. The Court. Case No. SACV 13-1094 JLS (JCGx) 1 3. All persons described in paragraph 2 (A) through (E) above shall 2 not disclose any portion of said Confidential Information and shall not use any 3 information obtained therefrom except in conformance with this Order and for 4 purposes of this litigation. Any party who discloses Confidential Information to 5 any person described in paragraph 3 (A) through (D) shall advise such person 6 that said matters constitute Confidential Information which may be used only for 7 the litigation of this action, and shall, prior to disclosure of the Confidential 8 Information, have such person execute a written understanding and agreement to 9 be bound by the Stipulation for Protective Order in the form attached thereto. 10 11 4. Any deposition testimony that encompasses or concerns 12 Confidential Information shall be transcribed in a separate booklet that is marked 13 on its cover "Confidential: Do Not Disclose Except By Court Order." Any party 14 that wishes to submit documents containing Confidential Information to the 15 Court shall comply with the provisions of Local Rule 79-5.1, including the filing 16 of a written application and a proposed order to obtain the Court's approval. 17 Materials containing Confidential Information may only be filed in the manner 18 prescribed by Local Rule 79-5. 19 20 5. The attorneys for Plaintiff are directed to retain all copies of 21 documents, notes, or summaries containing Confidential Information in their 22 custody, possession and control and to take the necessary precautions to prevent 23 persons not authorized as provided above from obtaining access to any such 24 Confidential Information. 25 26 6. Production of the Confidential Information protected by this Order 27 shall not constitute a waiver of any privilege or confidentiality or privacy right. 28 The parties retain the right to assert all substantive objections to the Confidential Case No. SACV 13-1094 JLS (JCGx) 1 Information, including but not limited to relevancy, hearsay, privacy, privilege, 2 and Rule 403 of the Federal Rules of Evidence. 3 4 7. At the conclusion of this action, all documents containing 5 Confidential Information, all copies and extracts thereof, with the exception of 6 those documents affected by the attorney work-product doctrine or attorney- 7 client privilege, shall be returned to counsel for defendant Anaheim. As to those 8 documents protected by the attorney work-product doctrine or attorney-client 9 privilege, any and all such documents shall either be redacted and returned to 10 defendant Anaheim's counsel or shall be destroyed. 11 12 13 14 ORDER 15 It is so ORDERED. 16 17 18 Dated: May 1, 2014 19 20 21 22 23 24 25 26 27 101888 28 Case No. SACV 13-1094 JLS (JCGx)

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