Downey Firemen's Association, Local 3473 et al v. City of Downey et al

Filing 161

PROTECTIVE ORDER Re: Production of Records By Chief Mark Gillaspie Pursuant to Subpoena by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order #159 . (see document for details). (dro)

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UNITED STATES DISTRICT COURT

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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
2 Irma Rodríguez Moisa State Bar No. 162272
[e-mail]
3 Barbara S. Van Ligten State Bar No. 132217
[e-mail]
4 Jay G. Trinnaman
State Bar No. 218661
[e-mail]
5 12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
6 Telephone: [phone]
Fax: [phone]
7
Attorneys for Defendant City of Downey
8
CENTRAL DISTRICT OF CALIFORNIA

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SANTA ANA

12 DOWNEY FIREMEN’S
ASSOCIATION, LOCAL 3473, an
13 organization, STEVEN DAVIS, an
individual, DANIEL RASMUSSEN,
14 an individual, THOMAS DANIERI,
an individual, JAY IBEY, an
15 individual, SCOTT DEVEREUX, an
individual, DAN HURLOCK, an
16 individual, TED MATSUMOTO, an
individual, FRANK CULHNO, an
17 individual, RYAN SCHLEIGER, an
individual, KEVIN KIM, an
18 individual, IVAN ORLOFF, an
individual, DAVID BLADES, an
19 individual, JEFF SIMMONS, an
individual, and JOSE GARCIA, an
20 individual,
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Case No. SACV14-cv-1213-CJC (DFMx)
PROTECTIVE ORDER RE:
PRODUCTION OF RECORDS BY
CHIEF MARK GILLASPIE
PURSUANT TO SUBPOENA
Judge:

Hon. Douglas F. McCormick

Complaint Filed: July 31, 2014
Trial Date:
January 17, 2017

Plaintiffs,

22 v.
23 CITY OF DOWNEY, a municipal
corporation, LONNIE CROOM, an
24 individual, and DOES 1 through 10,
inclusive,
25
Defendants.
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005869.00021
14263504.1

[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

I.

1

INTRODUCTION

2
3

Plaintiffs Steven Davis, Daniel Rasmussen, Thomas Danieri, Jay Ibey, Scott

4 Devereux, Dan Hurlock, Ted Matsumoto, Frank Culhno, Ryan Schleiger, Kevin
5 Kim, Ivan Orloff, David Blades, Jeff Simmons, Jose Garcia, and Downey Firemen’s
6 Association (collectively, “Plaintiffs”) and Defendants City of Downey (“City”) and
7 Lonnie Croom (“Croom”) (collectively, “Defendants”), by and through undersigned
9 will be produced by Chief Mark Gillaspie (“GILLASPIE”) in response to Requests
10 Nos. 20, 32, 33, 49, 57, 58, 59 and 72 of the Subpoenas served on GILLASPIE.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 counsel, hereby submit this proposed Protective Order regarding documents that

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II.

12

PROTECTIVE ORDER

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Plaintiffs served Subpoenas on GILLASPIE on March 31, 2016 and April 7, 8

14 and 11, 2016. On April 14 and 19, 2016, the City, on behalf of Mr. Gillaspie, served
15 objections to the Subpoenas. On May 3, 2016, the parties participated in a meet and
16 confer session with Magistrate McCormick regarding the Subpoenas served on
17 Chief Mark Gillaspie. During the meet and confer session, Magistrate McCormick
18 suggested, and the parties agreed, that documents produced that were responsive to
19 Requests Nos. 20, 32, 33, 49, 57, 58, 59 and 72 of the Subpoenas served on
20 GILLASPIE, would be produced pursuant to a protective order. This Order relates
21 to the documents produced by GILLASPIE in response to Requests Nos. 20, 32, 33,
22 49, 57, 58, 59 and 72 of the Subpoenas served on GILLASPIE.
23

On this basis, the Court enters the following Protective Order pursuant to the

24 stipulation of the Parties:
25 / / /
26 / / /
27 / / /
28 / / /
005869.00021
14263504.1

-2[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1

1.

The documents provided by GILLASPIE in response to Requests Nos.

2 20, 32, 33, 49, 57, 58, 59 and 72 of the Subpoenas served on GILLASPIE shall be
3 deemed “Confidential” and constitute “Protected Material” under this Protective
4 Order.
5

2.

Within seven (7) days of the execution and entry of this Order by the

6 Magistrate, GILLASPIE shall produce the documents responsive to Requests Nos.
7 20, 32, 33, 49, 57, 58, 59 and 72 which shall contain the designation “Confidential –
The material marked “Confidential –

9 Produced Pursuant to Protective Order” under the Protective Order is referred to as
10 the “Protected Material.”
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 Produced Pursuant to Protective Order.”

11

3.

The inadvertent failure by GILLASPIE or the City to designate

12 material as Protected Material shall not waive any such designation provided that
13 the City notifies all receiving parties in a reasonably prompt manner after learning
14 of the inadvertent failure to designate any material the City believes is protected
15 under this Order. The City shall reproduce the Protected Material with the correct
16 confidentiality designation within seven (7) days upon its notification to the
17 receiving parties.

Upon receiving the Protected Material with the correct

18 confidentiality designation, the receiving parties shall destroy all Protected Material
19 that was not designated properly.
20

4.

A party shall not be in breach of this Protective Order for any use of

21 Protected Material before the receiving party receives the Protected Material with
22 the correct confidentiality designation. Once a receiving party has received the
23 Protected Material with the correct confidentiality designation, the receiving party
24 shall treat such material as Protected Material pursuant to the terms of this Order.
25

5.

Upon receipt of any Protected Material under the Protective Order, the

26 documents produced pursuant to this Protective Order shall be placed in a file or
27 files bearing the words “Confidential.”
28 / / /
005869.00021
14263504.1

-3[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1

6.

The “Confidential” Protected Material produced pursuant to this

2 Protective Order shall not be shown or disclosed, directly or indirectly, to any
3 person other than (a) Plaintiffs and Defendants, (d) Plaintiffs’ and Defendants’
4 attorney, their associated attorneys, paralegals, clerks, or secretarial employees
5 engaged in this litigation; (c) Plaintiffs’ and Defendants’ expert witnesses for the
6 purpose of preparing his/her testimony in deposition or at trial, provided that any
7 such witnesses acknowledge and agree to be bound by this Protective Order, by
9 hereto as Exhibit A; (d) The Court and any Court staff and administrative personnel;
10 (e) Court reporters and their staff; (f) Professional jury or trial consultants and mock
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 signing a copy of the “Agreement to Be Bound by Protective Order,” attached

11 jurors to whom disclosure is reasonably necessary and who have signed the
12 “Agreement to Be Bound by Protective Order;” and (g) Any mediator or settlement
13 officer, and their supporting personnel, mutually agreed upon by any of the parties
14 engaged in settlement discussions. The parties sharing the Protected Materials must
15 maintain copies of all signed “Agreements to Be Bound by Protective Order.”
16

7.

The parties may make photocopies of the Protected Material for

17 internal use and for use as part of filings with the Court and during depositions.
18

8.

The protections conferred by this Protective Order cover not only the

19 Protected Material, but also (1) any information copied or extracted from the
20 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
21 Material; and (3) any testimony, conversations, or presentations by the parties or
22 their counsel that might reveal Protected Material.
23

9.

If Protected Material is discussed in a proceeding such as a deposition,

24 hearing, or trial, a party may identify the Protected Material on the record as
25 designated under this Order.

When it is impractical during the proceeding to

26 identify each portion of the material that is entitled to protection, and when it
27 appears that substantial portions qualify for protection, a party may invoke on the

005869.00021
14263504.1

28 record a right to have up to 30 days after receiving the transcript to designate the
-4[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1 transcript (or portions of the transcript) as Protected Material. The party must
2 designate the individual portions of the transcript that are Protected Material. If
3 only certain pages (or portions of pages) qualify for protection, the party must take
4 care not to over-designate any material. A transcript (or portions of a transcript)
5 may be designated as Protected Material by providing written notice to all parties
6 and to the person who prepared the transcript within 30 days of the date the
7 transcript was sent to the party by the person who prepared the transcript. The
9 a Protective Order” to all subsequent copies of the transcript (or portions thereof) to
10 indicate the confidential designation.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 person who prepared the transcript must affix the legend “Confidential – Subject to

All parties who received a copy of the

11 transcript before the confidentiality designation must affix the legend “Confidential
12 – Subject to a Protective Order” to their copies to indicate the designation.
13

10.

Protected Material under the Protective Order shall be offered as

14 evidence at the trial under an appropriate order protecting its confidentiality, unless
15 the confidentiality of such information has been removed by the Court or by
16 agreement of counsel in accordance with the provisions of this Protective Order.
17

11.

Nothing in this Order shall prevent counsel for the parties from

18 referencing Protected Material in support of oral or written legal arguments,
19 provided that such references do not contain quoted material from such Protected
20 Material, and if Protected Material is submitted to the Court, such submission is
21 made in accordance with the provisions of this Protective Order.
22

12.

A party receiving Protected Material may use Protected Material only

23 for prosecuting, defending, or attempting to settle this litigation. Such Protected
24 Material may be disclosed only to the categories of persons and under the conditions
25 described in this Order. When this litigation has been terminated, a party receiving
26 Protected Material must comply with the provisions herein regarding returning
27 Protected Material.
28 / / /
005869.00021
14263504.1

-5[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1

13.

If a party is served with a subpoena or a court order issued in other

2 litigation that compels disclosure of any information or items designated in this
3 litigation as “Confidential – Subject to a Protective Order” that party must: (a)
4 promptly notify the City in writing. Such notification shall include a copy of the
5 subpoena or court order; (b) promptly notify in writing the party who caused the
6 subpoena or order to issue in the other litigation that some or all of the material
7 covered by the subpoena or order is subject to this Protective Order.

Such

9 respect to all reasonable procedures sought to be pursued by the City to safeguard
10 the Protected Material.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 notification shall include a copy of this Protective Order; and (c) cooperate with

11

14.

If the City timely seeks a protective order, the party served with the

12 subpoena or court order shall not produce any information designated in this
13 litigation as “Confidential – Produced Pursuant to a Protective Order” before a
14 determination by the court from which the subpoena or order issued, unless the party
15 has obtained the City’s permission. The party objecting to the production of such
16 documents has the obligation to serve this Protective Order on the party served with
17 the subpoena or court order demanding production of the documents.
18

15.

If a party learns that, by inadvertence or otherwise, it has disclosed

19 Protected Material to any person or in any circumstance not authorized under this
20 Protective Order, the party who disclosed such material must immediately (a) notify
21 the City in writing of the unauthorized disclosures, (b) use its best efforts to retrieve
22 all unauthorized copies of the Protected Material, (c) inform the person or persons to
23 whom unauthorized disclosures were made of all the terms of this Order, and (d)
24 request such person or persons to execute the “Acknowledgment and Agreement to
25 Be Bound” that is attached hereto as Exhibit A.
26

16.

Nothing within this Order will prejudice the right of any party to object

27 to the production of any discovery material on the grounds that the material is

005869.00021
14263504.1

28 protected as privileged or as attorney work product.
-6[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1

17.

Nothing in this Order will bar counsel from rendering advice to their

2 clients with respect to this litigation and, in the course thereof, relying upon any
3 information designated as Protected Material.
4

18.

This Order will be without prejudice to the right of any party to oppose

5 production of any information for lack of relevance or any other ground other than
6 the mere presence of confidential information. The existence of this Order must not
7 be used by either party as a basis for discovery that is otherwise improper under the
9

19.

Nothing in this Order bars the right of any party to seek the exclusion

10 of any evidence at trial or any other dispositive purpose.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 Federal Rules of Civil Procedure.

11

20.

This Order may be modified by agreement of the parties, subject to

12 approval by the Court.
13

21.

The Court may modify the terms and conditions of this Order for good

14 cause, or in the interest of justice, or on its own order at any time in these
15 proceedings.
16

22.

By stipulating to the entry of this Protective Order, no party waives any

17 right it otherwise would have to object to disclosing or producing any information or
18 item on any ground not addressed in this Protective Order. Similarly, no party
19 waives any right to object on any ground to use in evidence of any of the material
20 covered by this Protective Order.
21

23.

A party that seeks to file under seal any Protected Material must

22 comply with Civil Local Rule 79-5. Protected Material may only be filed under seal
23 pursuant to a court order authorizing the sealing of the specific Protected Material at
24 issue. If a party’s request to file Protected Material under seal is denied by the
25 Court, then the receiving party may file the information in the public record unless
26 otherwise instructed by the Court.
27

005869.00021
14263504.1

24.

Even after the termination of this litigation, the confidentiality

28 obligations imposed by this Order shall remain in effect until the parties agree
-7[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1 otherwise in writing or a court order otherwise directs. Within 60 days of final
2 disposition of this litigation, each party must return all Protected Material to the City
3 or destroy such material. As used in this subdivision, “all Protected Material”
4 includes all copies, abstracts, compilations, summaries, and any other format
5 reproducing or capturing any of the Protected Material. Whether the Protected
6 Material is returned or destroyed, the receiving party must submit a written
7 certification to the City by the 60-day deadline that (1) identifies (by category,
9 affirms that the receiving party has not retained any copies, abstracts, compilations,
10 summaries or any other format reproducing or capturing any of the Protected
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 where appropriate) all the Protected Material that was returned or destroyed and (2)

11 Material. Notwithstanding this provision, counsel are entitled to retain an archival
12 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
13 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
14 work product, and consultant and expert work product, even if such materials
15 contain Protected Material. Any such archival copies that contain or constitute
16 Protected Material remain subject to this Protective Order as set forth herein. Any
17 violation of this Order may be punished by any and all appropriate measures
18 including, without limitation, contempt proceedings and/or monetary sanctions.
19
20
21 Dated: September 1 , 2016

BROWN WHITE & OSBORN LLP

22

By: /s/Karineh Tarbinian
Thomas M. Brown
Caleb E. Mason
Karineh Tarbinian
Attorneys for Plaintiffs
Downey Firemen’s Association, et al.

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005869.00021
14263504.1

-8[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

2
3 Dated: September 19, 2016
4
5

By:

Honorable
Honorable Douglas F. McCo
o
g
McCormick
Magistrate Judge
United States District Court

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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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005869.00021
14263504.1

- 10 [PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

[print or type full name],

4 of

[print or type full address],

5 declare under penalty of perjury under the laws of the United States of America, that
6 I have read in its entirety and understand the Protective Order that was issued by the
7 United States District Court for the Central District of California on [date]
in the case of Downey Firemen’s Association, et al. v. City of

9 Downey, et al., No. 14-cv-01213-CJC-DFM. I agree to comply with and to be
10 bound by all the terms of this Protective Order and I understand and acknowledge
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703 9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

11 that failure to so comply could expose me to sanctions and punishment in the nature
12 of contempt.

I solemnly promise that I will not disclose in any manner any

13 information or item that is subject to this Protective Order to any person or entity
14 except in strict compliance with the provisions of this Order. I further agree to
15 submit to the jurisdiction of the United States District Court for the Central District
16 of California for the purpose of enforcing the terms of this Protective Order, even if
17 such enforcement proceedings occur after termination of this action.
18 appoint

[print or type full name] of

19

[print

I hereby

or

type

full

address

and

20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Protective Order.
22 Dated:
23 City and State where sworn and signed:
24 Printed Name:
25 Signature:
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005869.00021
14263504.1

[PROPOSED] PROTECTIVE ORDER RE: PRODUCTION OF RECORDS
BY CHIEF MARK GILLASPIE PURSUANT TO SUBPOENA