Le Quyen Vu Ngo et al v. City of Santa Ana et al

Filing 56

PROTECTIVE ORDER by Magistrate Judge Robert N. Block (mt)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LE QUYEN VU NGO, individually and ) Case No.: SACV13-1660 DOC (RNBx)
as successor in interest to the ESTATE )
OF BINH VAN NGUYEN; JOSEPH ) [Proposed] PROTECTIVE ORDER
)
THIEN NGUYEN, a minor, by and
)
through his Guardian Ad Litem, Le
)
Quyen Vu Ngo, and as successor in
interest to the ESTATE OF BINH VAN )
NGUYEN; PATRICK HUU NGUYEN, )
a minor, by and through his Guardian )
Ad Litem, Le Quyen Vu Ngo, and as )
successor in interest to the ESTATE OF )
BINH VAN NGUYEN,
)
)
Plaintiffs,
)
)
vs.
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CITY OF SANTA ANA, et al.,
)
)
Defendants.
)
)
)

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THE PROTECTIVE ORDER shall govern the disclosure of the internal

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affairs documents and personnel records ordered produced by the Court in

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connection with the lawsuit entitled Le Quyen Vu Ngo, et al. v. City of Santa Ana,

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et al., bearing case number SACV13-1660 DOC (RNBx). These documents,

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hereinafter referred to as “the Protected Items”, will be clearly designated prior to

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the disclosure or production of such Protected Items and shall be subject to this

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Protective Order as follows:

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1.

Each person receiving any of the Protected Items shall not disclose to

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any person or entity, in any manner, including orally, any of the Protected Items or

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any of the information contained therein, except when used for purposes of this

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litigation pursuant to this protective order.

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2.

The Protected Items and all information contained therein, may only

be disclosed to the following “qualified” persons:

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(a)

Counsel of record for the parties to this civil litigation;

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(b)

Plaintiffs and Defendant City of Santa Ana and its employees,

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Defendant Sergeant Oliver Grant, and Defendant Officer Christopher Cecil;

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(c)

employed by counsel referred to in subparagraph (a);

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(d)

Investigators, expert witnesses and other persons legitimately

involved in litigation-related activities for the counsel of record; and

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Paralegal, stenographic, clerical and secretarial personnel regularly

(e)

Court personnel, including stenographic reporters engaged in such

proceedings as are necessarily incidental to preparation for the trial of this action.

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3.

The Protected Items may be disclosed to the Court and court

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personnel, in connection with this litigation. Portions of the Protected Items that a

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party intends to use in support of or in opposition to a pre-trial filing with the

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Court must be filed in accordance with the Central District of California Local

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Rules relating to under seal filings, including Local Rule 79-5. Counsel intending

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to use information from Protected Items must both (a) apply to submit unredacted

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documents containing information from the Protected Items under seal and (b) file

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public versions of the same document with the information from the Protected

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Item redacted.

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///

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///
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4.

In the event this matter proceeds to trial, to the extent that the

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Protected Items are offered into evidence, the Protected Items will become public,

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unless sufficient cause is shown in advance of trial to proceed otherwise.

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5.

The court reporter, videographer, and audiographer, if any, who

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record all or part of any deposition in this matter which includes the Protected

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Items or descriptions thereof shall be subject to this Order and precluded from

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providing any portions of the original deposition videotape, audiotape, or exhibits

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which relate to the Protected Items or information to any persons other than

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counsel of record, absent order of the court.

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6.

Those attending any deposition in this matter wherein the Protected

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Items are disclosed, shall be bound by this Order and, therefore, shall not disclose

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to any person or entity, in any manner, including orally, any statements relating to

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information within the Protected Items made by such person during the course of

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said depositions.

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7.

The Protected Items shall be used solely in connection with the

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preparation and trial of the within this action Le Quyen Vu Ngo, et al. v. City of

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Santa Ana, et al., bearing case number SACV13-1660 DOC (RNBx), or any

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related appellate proceeding, and not for any other purpose, including, without

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limitation, any other litigation or administrative proceedings or any investigation

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related thereto.

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8.

This Order may not be modified unless by written consent of the

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parties and approval of the Court. Any party may move for a modification of this

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Order at any time.

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9.

This Order is made for the purpose of ensuring that the Protected

Items and the information contained therein will remain confidential.
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At the conclusion of this litigation, upon request of defense counsel,

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plaintiffs’ counsel shall return the Protected Items to Steven J. Rothans, Esq.,

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Carpenter, Rothans & Dumont, 888 S. Figueroa Street, Suite 1960, Los Angeles,
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California 90017. Alternatively, the receiving parties and every other person

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and/or entity who received originals or copies of the protected item may destroy all

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such material and material derived therefrom within 30 calendar days after the

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conclusion of this case. Additionally, within 30 calendar days after the conclusion

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of this case, counsel for the receiving parties shall send a signed declaration stating

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that such material has been destroyed pursuant to this Protective Order.

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11.

Nothing in this Order shall be construed as authorizing a party to

disobey a lawful subpoena issued in another action.
IT IS SO ORDERED.

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DATED: January 09, 2015

___________________________________
Honorable Robert N. Block
United States District Court Magistrate Judge

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