Jose Jaime Aguilar Lopez et al v. City of Anaheim et al
Filing
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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: (714) 765 5123
92805
Tel: (714) 765 5169
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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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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)
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