Ramon Alvarez v. Attorney General

Filing 121

PROTECTIVE ORDER *As modified by the Court* by Magistrate Judge Karen L. Stevenson re Amended Stipulation for Protective Order 120 . (see document for details) (hr)

Case 8:15-cv-00987-DMG-KS Document 121 Filed 07/20/21 Page 1 of 4 Page ID #:3973

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13

v.

14
15

Case No. 8:15-cv-00987 DMG (KS)

RAMON ALVAREZ,

Petitioner, STIPULATED PROTECTIVE
ORDER

W.L. MONTGOMERY, Warden,

16

*As modified by the Court*

Respondent.

17
18

I.

INTRODUCTION AND GOOD CAUSE STATEMENT

19

In their Amended Joint Stipulation for Protective Order filed on July 19, 2021

20

(Dkt. No. 120), the parties established good cause for entry of a protective order

21

because discovery in this action is likely to involve the production of third parties’

22

medical records by the California Department of Corrections and Rehabilitation

23

(“CDCR”). Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based

24

on the parties’ Stipulated Protective Order (Dkt. No. 116), the following terms of the

25

protective order to which the parties have agreed are adopted, as amended by the

26

Court, as a protective order of this Court (which generally shall govern the pretrial

27

phase of this action).

28
1

Case 8:15-cv-00987-DMG-KS Document 121 Filed 07/20/21 Page 2 of 4 Page ID #:3974

1

II.

SCOPE OF MATERIAL PROTECTED BY THIS ORDER

2

All documents and information produced by the CDCR during discovery that

3

qualify for protection under Federal Rule of Civil Procedure 26(c)—including

4

material that is privileged, confidential, and protected by the Health Insurance

5

Portability

6

“CONFIDENTIAL” pursuant to this Order, constitute “protected material” under this

7

Order.

and

Accountability

Act—that

are

properly

designated

8

This Order does not govern material filed with the court, submitted as evidence,

9

introduced at trial, or presented in court hearings that are accessible to the public.

10

This Order also does not entitle the parties to file information designated

11

“CONFIDENTIAL” under seal; instead, Local Rule 79-5 sets forth the procedures

12

that must be followed and the standards that will be applied when a party seeks

13

permission from the court to file material under seal.

14
15

III. DESIGNATION AND INADVERTENT FAILURE TO DESIGNATE

16

Each party or non-party that designates information or items as

17

“CONFIDENTIAL” for protection under this Order must take care to limit any such

18

designation to specific material that qualifies under the appropriate standards. The

19

designating party must designate for protection only those parts of material,

20

documents, items, or oral or written communications that qualify so that other

21

portions of the material, documents, items, or communications for which protection

22

is not warranted are not swept unjustifiably within the ambit of this Order. If timely

23

corrected, an inadvertent failure to designate qualified information or items does not,

24

standing alone, waive the designating party’s right to secure protection under this

25

Order for such material.

26

\\

27

\\

28

\\
2

Case 8:15-cv-00987-DMG-KS Document 121 Filed 07/20/21 Page 3 of 4 Page ID #:3975

1

IV. CHALLEGING A DESIGNATION OF CONFIDENTIALITY

2

Any party or non-party who wishes to challenge a designation of confidentiality

3

shall initiate the dispute resolution process under Local Rule 37.1. The burden of

4

establishing the propriety of a designation of confidentiality shall be on the

5

designating party.

6
7

V.

ACCESS TO, USE OF, AND DISCLOSURE OF PROTECTED MATERIAL

8

Neither party may disclose or disseminate material that is protected under this

9

Order, nor communicate any information contained therein or derived directly or

10

indirectly therefrom, to any third party other than the following: counsel assigned to

11

litigate this case; persons working under their direct supervision; and the court and

12

its personnel.

13

Material protected by this Order may not be used or disseminated for any

14

purpose other than the litigation, settlement, or appeal of this case without prior

15

authorization of this Court. However, nothing in this Order should be construed as

16

authorizing a party in this action to disobey a lawful directive from another court.

17
18

VI. FILING UNDER SEAL

19

This Order does not entitle the parties to file information designated

20

“CONFIDENTIAL” under seal. Local Rule 79-5 sets forth the procedures that must

21

be followed and the standards that will be applied when a party seeks permission

22

from the court to file material under seal.

23
24

VII. FINAL DISPOSITION OF THIS ACTION

25

This protective order shall remain in effect through the final disposition of this

26

Action. The final disposition of this Action is defined as the conclusion of any

27

litigation and appeal proceedings related to Petitioner’s federal Petition for Writ of

28

Habeas Corpus, or, if no appeal is taken, when the time for filing of an appeal has
3

Case 8:15-cv-00987-DMG-KS Document 121 Filed 07/20/21 Page 4 of 4 Page ID #:3976

1

run. Within 60 days after the final disposition of this Action, the protected material

2

and information (including any copies of confidential health information) shall be

3

returned to CDCR or destroyed. Notwithstanding, counsel are entitled to retain an

4

archival copy of all pleadings, motion papers, trial, deposition, and hearing

5

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

6

reports, attorney work product, and consultant and expert work product even if such

7

materials contain protected material. Any such archival copies that contain or

8

constitute protected material remain subject to this protective order.

9
10

For good cause shown, IT IS SO ORDERED.

11
12
13
14

Dated: July 20, 2021
___________________________________
KAREN L. STEVENSON
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4