Jose Eduardo Arellano et al v. City of Santa Ana et al

Filing 54

PROTECTIVE ORDER RE COURT ORDERED PRODUCTION by Magistrate Judge Douglas F. McCormick, re Stipulation for Protective Order 50 . (twdb)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13

JOSE EDUARDO ARELLANO; EVA
GLORIA SANCHEZ MEJIA; and
T.L.C., a minor, individually and as
successor in interest by and through her
Next Friend, Diana Magali Calderon,
Plaintiffs,

14
15
16
17

vs.
CITY OF SANTA ANA, a
municipality; CHIEF CARLOS
ROJAS, an individual; and DOES 1
through 20, inclusive,

18

Defendants.

19
20

AND ALL RELATED ACTIONS.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: SACV14-1886 JVS (DFMx)
Consolidated with SACV15-0432 JVS
(RNBx)
[Proposed] PROTECTIVE ORDER
RE COURT ORDERED
PRODUCTION

21
22

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

23

1.

On September 30, 2015, Plaintiff J.M. filed a motion to compel

24

production of documents responsive to their Requests for Production of

25

Documents propounded on the City of Santa Ana, including numerous items with

26

the personnel files of Defendant Officers Jessica Guidry and Stephen Chavez. See

27

Pl’s MTC, Doc. 39.

28

2.

On October 27, 2015, this court heard the plaintiff’s motion and later

-1[Proposed] PROTECTIVE ORDER RE COURT ORDERED PRODUCTION

1

issued a ruling, ordering the City of Santa Ana to produce certain documents

2

requested by the plaintiff. See 10/29/15 Order (Doc. 45).

3

3.

Certain of the documents the Court has ordered to be produced, which

4

the City claims are protected by the official information privilege, among other

5

privileges (hereinafter “Confidential Documents”) are governed by the following

6

protective order:

7

PROPOSED PROTECTIVE ORDER

8

The Confidential Documents shall be subject to this Protective Order as

9

follows.

10

1.

Certain documents produced by the City of Santa Ana that comprise

11

the Confidential Documents may be clearly designated as “CONFIDENTIAL” and

12

be placed in an envelope labeled as such prior to the disclosure. The

13

“CONFIDENTIAL” designation shall be placed on the printed pages of the

14

Confidential Documents in a manner that does not overwrite or make illegible the

15

text of the document.

16

2.

Each person receiving any of the Confidential Documents shall not

17

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

18

Confidential Documents or any of the information contained therein, except when

19

used for purposes of this litigation pursuant to this protective order.

20
21

3.

The Confidential Documents and all information contained therein,

may only be disclosed to the following “qualified” persons:

22

(a)

Counsel of record for the parties to this civil litigation;

23

(b)

Defendant City of Santa Ana and its employees, including, but not

24
25

limited to Officers Jessica Guidry and Stephen Chavez;
(c)

Paralegal, stenographic, clerical and secretarial personnel regularly

26

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

27

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

28

the counsel of record; and
-2[Proposed] PROTECTIVE ORDER RE COURT ORDERED PRODUCTION

1
2
3

(d)

Court personnel, including stenographic reporters engaged in such

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

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

4

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

5

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

6

of the Confidential Documents shall, before receiving such protected information,

7

be given a copy of this Protective Order and execute a compliance agreement

8

wherein it is agreed that the recipient shall abide by all terms of this order and shall

9

be bound by the terms of this order. It shall be the responsibility of the respective

10

attorneys to distribute compliance agreements, and then collect and maintain

11

custody of the executed originals of the compliance agreements.

12

4.

The Confidential Documents may be disclosed to the Court and court

13

personnel, in connection with this litigation. Portions of the Confidential

14

Documents that a party intends to use in support of or in opposition to a pre-trial

15

filing with the Court must be filed in accordance with the Central District of

16

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

17

Counsel intending to use documents from Confidential Documents must both (a)

18

apply to submit unredacted documents containing any portion of the Confidential

19

Documents under seal and (b) file public versions of the same documents with the

20

information from the Confidential Documents redacted.

21

5.

The parties shall made good faith efforts to consent to the use of

22

“Confidential Documents” in pre-trial filings, and shall meet and confer to discuss

23

redactions of particularly sensitive information before making use thereof. Should

24

a party challenge the designation of “Confidential Documents,” that party must do

25

so in good faith, and shall confer directly with counsel for the producing party

26

before filing such a motion.

27
28

6.

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

Confidential Documents are offered into evidence, those documents will become
-3[Proposed] PROTECTIVE ORDER RE COURT ORDERED PRODUCTION

1
2

public, unless sufficient cause is shown in advance of trial to proceed otherwise.
7.

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

3

record all or part of any future deposition(s) in this matter, which include the

4

Confidential Documents or descriptions thereof, shall be subject to this Order and

5

precluded from providing any portions of the original deposition videotape,

6

audiotape, or exhibits which relate to the Confidential Documents or information

7

to any persons other than counsel of record, absent order of the court.

8
9

8.

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

10

orally, any documents from the Confidential Documents made by such person

11

during the course of said depositions.

12

9.

At any future deposition(s), should there be persons in attendance

13

who are not authorized to access to the Confidential Documents or information,

14

such persons shall be removed from the deposition room at any time information

15

relating to the Confidential Documents or protected information is disclosed or

16

discussed.

17

10.

The Confidential Documents shall be used solely in connection with

18

the preparation and trial of these consolidated actions, entitled Jose Eduardo

19

Arellano, et al. v. City of Santa Ana, et al., bearing case number SACV14-1886

20

JVS (DFMx) and J.M., etc. v. City of Santa Ana, et al., bearing case number

21

SACV15-0432, or any related appellate proceeding, and not for any other purpose,

22

including, without limitation, any other litigation or administrative proceedings or

23

any investigation related thereto.

24

11.

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

25

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

26

Order at any time. Upon receipt and review of the documents produced pursuant

27

to this protective order, any party may move to remove the confidential

28

designation of any document after meeting and conferring with opposing counsel
-4[Proposed] PROTECTIVE ORDER RE COURT ORDERED PRODUCTION

1

and pursuant to the procedures governing discovery motions set forth in Local

2

Rule 37.

3

12.

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

4

Documents will remain confidential, unless otherwise ordered by the Court or in

5

response to a successful motion by a party made pursuant to Paragraph 11.

6

13.

At the conclusion of this litigation, upon request of defense counsel,

7

plaintiffs’ counsel shall return the Confidential Documents to Steven J. Rothans,

8

Esq., Carpenter, Rothans & Dumont, 888 S. Figueroa Street, Suite 1960, Los

9

Angeles, California 90017. Alternatively, the receiving parties and every other

10

may destroy all such material and material derived therefrom within thirty (30)

11

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

12

calendar days after the conclusion of this case, counsel for the receiving parties

13

shall send a signed declaration stating that such material has been destroyed

14

pursuant to this Protective Order.

15

14.

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

16

disobey a lawful subpoena issued in another action.

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
-5[Proposed] PROTECTIVE ORDER RE COURT ORDERED PRODUCTION

1
2
3

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

4

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

5

police reports and private information concerning the parties to this litigation, as

6

well as individuals who are not parties to this litigation, as protected by the official

7

information privilege, law enforcement privilege and the right to privacy, as

8

protected by the California and United States Constitution, with plaintiffs’ right to

9

discovery in this litigation. The parties agree that all documents marked

10

confidential and produced pursuant to this protective order are subject to the terms

11

of this protective unless otherwise ordered by the Court.

12
13

IT IS SO ORDERED.

14
15
16

DATED: November 18, 2015

___________________________________
Honorable Douglas F. McCormick
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26
27
28
-6[Proposed] PROTECTIVE ORDER RE COURT ORDERED PRODUCTION