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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MICHAEL R.W. HOUSTON, CITY A.TTORNEY
GREGG 1\4. l\:UDET (SBN 158682)

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FILED- SOUTHERN DIVISION
CLERK, U~STR!CT COURT

i\:naheim CalifOrnia Fax: [phone]
92805
Tel: [phone]

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i\.ttomeys fur Defendants City of i\naheim,

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'NTRAL DISTRICT OF CALIFOFlNIA
DEPUTY

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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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,

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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.

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Based on the stipulation of all parties, through their respective attorneys of

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record, and good cause appearing therefor, the Court hereby enters the following

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protective order:
Case No. SACV 13-1094 JLS (ANx)

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1.

This Protective Order ("Order") applies to and governs the use of

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confidential police officer personnel and training materials which are being

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produced to plaintiffs by defendant the City of Anaheim in this action. Plaintiffs

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have requested copies of all personnel, training and discipline file( s) maintained

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by the Anaheim Police Department (" APD") for officers Kevin Flanagan,

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Michael Lynch, Jeffrey Burke, Robert Lopez, and Paul Christy (collectively the

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"Officers"). The Officers' respective personnel files may contain information

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regarding any complaints against the Officers, disciplinary charges, findings and

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actions, and their respective personal backgrounds and contact information, all of

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which has been generated or collected by the APD and thereafter maintained in

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confidence. The Officers' respective training files contain information

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concerning the internal functioning of the APD which is also maintained in strict

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confidence. Anaheim has invoked the official information privilege with respect

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to the information contained in these materials (hereinafter referred to as

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"Confidential Information"). The term Confidential Information includes the

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information described above, and any documents containing such information.

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2.

Plaintiffs counsel shall use the Confidential Information solely for

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the purposes of this litigation, and shall not disclose any portion of the

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Confidential Information to any other person, firm or corporation except:

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A.

Bona fide employees of counsel's law offices, and then only

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to the extent necessary to enable said persons to assist in litigation of this

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action;

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B.

Plaintiffs, to the extent deemed necessary by counsel for the

prosecution of this litigation

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C.

Expert witnesses employed by the parties to this action;

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D.

Consultants retained by the parties to this action; or

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E.

The Court.
Case No. SACV 13-1094 JLS (JCGx)

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3.

All persons described in paragraph 2 (A) through (E) above shall

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not disclose any portion of said Confidential Information and shall not use any

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information obtained therefrom except in conformance with this Order and for

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purposes of this litigation. Any party who discloses Confidential Information to

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any person described in paragraph 3 (A) through (D) shall advise such person

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that said matters constitute Confidential Information which may be used only for

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the litigation of this action, and shall, prior to disclosure of the Confidential

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Information, have such person execute a written understanding and agreement to

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be bound by the Stipulation for Protective Order in the form attached thereto.

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4.

Any deposition testimony that encompasses or concerns

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Confidential Information shall be transcribed in a separate booklet that is marked

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on its cover "Confidential: Do Not Disclose Except By Court Order." Any party

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that wishes to submit documents containing Confidential Information to the

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Court shall comply with the provisions of Local Rule 79-5.1, including the filing

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of a written application and a proposed order to obtain the Court's approval.

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Materials containing Confidential Information may only be filed in the manner

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prescribed by Local Rule 79-5.

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5.

The attorneys for Plaintiff are directed to retain all copies of

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documents, notes, or summaries containing Confidential Information in their

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custody, possession and control and to take the necessary precautions to prevent

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persons not authorized as provided above from obtaining access to any such

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Confidential Information.

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6.

Production of the Confidential Information protected by this Order

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shall not constitute a waiver of any privilege or confidentiality or privacy right.

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The parties retain the right to assert all substantive objections to the Confidential
Case No. SACV 13-1094 JLS (JCGx)

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Information, including but not limited to relevancy, hearsay, privacy, privilege,

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and Rule 403 of the Federal Rules of Evidence.

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7.

At the conclusion of this action, all documents containing

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Confidential Information, all copies and extracts thereof, with the exception of

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those documents affected by the attorney work-product doctrine or attorney-

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client privilege, shall be returned to counsel for defendant Anaheim. As to those

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documents protected by the attorney work-product doctrine or attorney-client

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privilege, any and all such documents shall either be redacted and returned to

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defendant Anaheim's counsel or shall be destroyed.

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ORDER

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It is so ORDERED.

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Dated: May 1, 2014

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101888

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Case No. SACV 13-1094 JLS (JCGx)