Damion Ramirez v. City of La Palma et al

Filing 41

PROTECTIVE ORDER by Magistrate Judge Robert N. Block re Stipulation for Protective Order. 40 (see document for further details) (klg)

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February 3, 2015

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K
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAMION RAMIREZ,

Case No. SACV14-302 MMM (RNBx)

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Plaintiffs,
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-vs)
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CITY OF LA PALMA, Officer Won )
Koh, Chief Eric Nunez, and Does 1- )
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Defendants.
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____________________________________

[Proposed] PROTECTIVE ORDER
GOVERNING POLICE
PERSONNEL INFORMATION

IT IS HEREBY ORDERED, following stipulation of counsel, as follows:

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Plaintiff seeks discovery of confidential police personnel records relating to

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defendant Officer Won Koh and responses thereto on behalf of Officer Koh,

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consisting of statements made in the Internal Affairs investigation of citizen

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complaints made on behalf of Damion Ramirez and on behalf of Laine Jackson

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along with the confidential POST record of training for Officer Koh. Such

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documents shall be subject to this Protective Order as follows:

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1. The protected documents will be clearly designated prior to the

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disclosure or production of such Protected Documents, and will bear the notation

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of “Confidential” on each page provided the notation does not obscure or

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obliterate the document’s contents. All Protected Documents shall be subject to
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this Protective Order as follows.
2. Each person receiving any of the Protected Documents shall not disclose

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

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Documents or any of the information contained therein, except when used for

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purposes of this litigation pursuant to this protective order.

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3. The Protected Documentws 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)

Paralegal, stenographic, clerical and secretarial personnel regularly

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employed by counsel referred to in subparagraph (a); and, investigators, expert

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witnesses and other persons legitimately involved in litigation-related activities for

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the counsel of record; and

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(c)

Court personnel, including stenographic reporters engaged in such

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

With the exception of the Court and court personnel (who are subject

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only to the Court’s internal procedures regarding the handling of material filed or

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lodged, including material filed or lodged under seal), all persons receiving a copy

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of the Protected Documents shall, before receiving such protected information, be

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given a copy of this Protective Order and a compliance agreement (in the form

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attached hereto as Exhibit “A”) and shall execute the compliance agreement, and

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return the original of the compliance agreement to the attorney who gives him/her

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the protected information. It shall be the responsibility of the respective attorneys

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to distribute compliance agreements, and then collect and maintain custody of the

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executed originals of the compliance agreements.

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4. The confidential information may be disclosed to the Court and court

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personnel, in connection with this litigation. Protected Documents that a party

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

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must be filed in accordance with the Central District of California Local Rules
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relating to under seal filings, including Local Rule 79-5. Counsel intending to use
information from Protected Documents must both (a) apply to submit unredacted
documents containing information from Protected Documents under seal and (b)
file public versions of the same documents with the information from Protected
Documents redacted.
5. In the event this matter proceeds to trial, to the extent that any of the
Protected Documents are offered into evidence, those Protected Documents will
become public, unless sufficient cause is shown in advance of trial to proceed
otherwise.
6. The court reporter, videographer, and audiographer, if any, who record
all or part of any deposition in this matter, which include Protected Documents or
descriptions thereof shall be subject to this Order and precluded from providing
any portions of the original deposition videotape, audiotape, or exhibits which
relate to the Protected Documents or information to any persons other than
counsel of record, absent order of the court.
7. Those attending any future deposition(s) shall be bound by this Order
and, therefore, shall not disclose to any person or entity, in any manner, including
orally, any reference to the Protected Documents or content thereof made by such
person during the course of said depositions.
8. At any future deposition(s), should there be persons in attendance who
are not authorized to access to the Protected Documents or information, such
persons shall be removed from the deposition room at any time information
relating to the Protected Documents or protected information is disclosed or
discussed.
9. The Protected Documents shall be used solely in connection with the
preparation and trial of this action, entitled Damion Ramirez v. City of La Palma,

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et al. bearing case number SACV14-302 MMM (RNBx), or any related appellate

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proceeding, and not for any other purpose, including, without limitation, any other
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litigation or administrative proceedings or any investigation related thereto.
10. This Order may not be modified unless by written consent of the parties
and approval of the Court. Any party may move for a modification of this Order at
any time. Upon receipt and review of the documents produced pursuant to this
protective order, any party may move to remove the confidential designation of
any document after meeting and conferring with opposing counsel and pursuant to
the procedures governing discovery motions set forth in Local Rule 37.
11. This Order is made for the purpose of ensuring that the Protected
Documents will remain confidential, unless otherwise ordered by the Court or in
response to a successful motion by a party made pursuant to Paragraph 10.
12. At the conclusion of this litigation, upon request of defense counsel,
plaintiff’s counsel shall return the Protected Documents to Mark D. Rutter, Esq.,
Carpenter, Rothans & Dumont, 888 S. Figueora Street, Suite 1960, Los Angeles,
California 90017. Alternatively, the receiving parties and every other person
and/or entity who received originals or copies of the protected information may
destroy all such material and material derived therefrom within thirty (30) calendar
days after the conclusion of this case. Additionally, within thirty (30) calendar
days after the conclusion of this case, counsel for the receiving parties shall send a
signed declaration stating that such material has been destroyed pursuant to this
Protective Order.
13. Nothing in this Order shall be construed as authorizing a party to
disobey a lawful subpoena issued in another action.

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GOOD CAUSE
The parties submit that GOOD CAUSE exists to enter the proposed

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protective order to balance the defendants’ concerns that the documents consist of

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statements from confidential police personnel records and private information

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concerning a party to this litigation, as well as individuals who are not parties to
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this litigation, as protected by the official information privilege, law enforcement
privilege and the right to privacy, as protected by the California and United States
Constitution, with plaintiff’s right to discovery in this litigation. The parties agree
that all documents marked confidential and produced pursuant to this protective
order are subject to the terms of this protective unless otherwise ordered by the
Court.
IT IS SO ORDERED.

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DATED: February 3, 2015

____________________________

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Honorable Robert N. Block

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U.S. District Judge

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Dated: December 26, 2013

CARPENTER, ROTHANS &

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DUMONT

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By:__________________________

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MARK D. RUTTER

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Attorney for defendants,

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City of La Palma, Officer Won
Koh, and

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Chief Eric Nunez

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