Trevor Wyman v. County of Orange et al

Filing 26

PROTECTIVE ORDER Re: Confidential Information and Documents by Magistrate Judge Karen E. Scott: See document for further information. (lwag)

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DANIEL R. SULLIVAN (State Bar No. 96740)
[e-mail]
MICHAEL S. VASIN (State Bar No. 227945)
[e-mail]
DEREK J. VANDEVIVER (State Bar No. 227902)
[e-mail]
SULLIVAN, BALLOG & WILLIAMS, LLP
400 North Tustin Avenue, Suite 120
Santa Ana, California 92705
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF ORANGE and ZACHARY VARELA

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TREVOR WYMAN,
Plaintiff,

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vs.

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COUNTY OF ORANGE, ZACHARY
VARELA, and DOES 1 through 10,
Inclusive,

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Defendants.

Case No. SACV 15-01523-AG-KES
Hon. Andrew J. Guilford
Courtroom 10D
[Discovery Document: Referred to
Magistrate Judge Karen E. Scott]
[PROPOSED] PROTECTIVE
ORDER RE: CONFIDENTIAL
INFORMATION AND DOCUMENTS
Complaint Filed: 09/21/2015
Discovery Cut-Off: 10/31/2017
Pretrial Conference: 01/09/2017
Trial:
01/31/2017

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Pursuant to the Provisions of Rule 26(c) of the Federal Rules of Civil

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Procedure, the parties hereby stipulate to and petition the Court to enter the following

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Stipulated Protective Order.

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This case arises out of Plaintiff Trevor Wyman’s (“Plaintiff”) detention at the

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Theo Lacy Facility on August 23, 2014. Plaintiff contends that he was injured by

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Orange County Sheriff’s Deputies while being restrained. The County of Orange

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(“County”) conducted an internal investigation and, as a result, the Orange County
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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

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Sheriff’s Department generated investigation reports, third-party statements, as well as

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other pieces of potential evidence in connection with the internal investigation.

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Plaintiff now seeks disclosure of, among other things, the investigative file pertaining

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to the August 23, 2014 incident, the personnel records of the involved deputies, and

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the Sheriff’s Department’s written policies and procedures.

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Disclosure and discovery activity in this action will involve production of

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confidential or private information involving peace officers for which special

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protection from public disclosure and protection from use for any purpose other than

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the instant litigation is warranted. Accordingly, the parties hereby stipulate to and

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petition the Court to enter the following Stipulated Protective Order.

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The parties acknowledge that this Order does not confer blanket protections on

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all disclosures or responses to discovery and that the protection it affords from public

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disclosure and use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles.

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acknowledge, as set forth below, that this Stipulated Protective Order does not entitle

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them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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

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seeks permission from the court to file material under seal. Nothing contained in this

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Protective Order is intended or should be construed as authorizing a party in this

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action to disobey a lawful subpoena issued in another action.

The parties further

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A.

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It is hereby stipulated that the defendants, COUNTY OF ORANGE and

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DEPUTY VARELA, as well as any other Orange County Sheriff’s Department

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deputies and/or personnel later added as defendants, (hereinafter referred to

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collectively as “Defendants”), may designate as “CONFIDENTIAL” material the

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following items produced in response to discovery:

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DESIGNATION AS CONFIDENTIAL:

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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

1.

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Peace officer personnel files and all records that are typically

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contained within or associated with such personnel files according to the regular

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practices of the law enforcement agency which is the custodian of such records –

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including but not limited to internal affairs investigations and related interviews and

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reports, peace officer medical records in the custody of the peace officer’s law

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enforcement agency employer pertinent to the pending action, records regarding peace

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officer

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investigations and related interviews and reports, interviews and reports related to

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personnel complaints by peace officers and/or citizen complaints against peace

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officers, peace officer training records, and personal information; and documents

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defined and/or described in California Penal Code sections 832.5, 832.7, and 832.8;

discipline,

2.

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associated

law

enforcement

agency

employment/internal

Comparable records of the parties that may otherwise be privileged

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from disclosure but which parties agree to produce pursuant to the terms of the

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parties’ Stipulation and this Protective Order, including a party’s medical records,

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financial records, or other privileged records, documents, or information;
3.

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Documents related to any internal investigation by Defendants

related to Plaintiff’s allegations; and

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4.

ORANGE COUNTY SHERIFF’S DEPARTMENT’s written

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policies and/or procedures.

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The production of the aforementioned materials does not waive any objections

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with respect to the admissibility of any of these documents at time of trial. Moreover,

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inclusion of materials in the foregoing list does not waive any objection(s) to their

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production.

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The designation of “CONFIDENTIAL” material shall be made by placing or

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affixing upon written transcripts/documents in a manner which is not to interfere with

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its legibility, the word “CONFIDENTIAL,” to each page that contains protected

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material. The designation shall be made prior to, or in compliance with, the future

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production of the above-referenced written and/or recorded materials.
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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

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B.

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Materials and information designated as “CONFIDENTIAL” under this

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Protective Order shall not be used or disclosed by any party or their counsel, or any

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person acting on their behalf, for any purpose whatsoever other than prosecuting,

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defending and attempting to settle this matter.

USE OF CONFIDENTIAL MATERIAL:

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C.

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Counsel for any party shall not disclose or permit the disclosure of any material

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or information agreed to be designated as “CONFIDENTIAL” and the information

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contained therein under this Protective Order to any other person or entity, including,

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but not limited to, Plaintiff TREVOR WYMAN, other persons who have or will file

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claims or lawsuits against the Defendants, media, entertainment or news personnel,

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attorneys’ organizations or associations, or other organizations or associations that

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collect information about lawsuits against the Defendants.

DISCLOSURE OF CONFIDENTIAL MATERIAL:

1.

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EMPLOYEES: Disclosure may be made to employees of a

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party’s counsel who are assisting in the preparation and trial of this action or any

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appeal regarding this action. Any employee to whom disclosure is made shall be

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advised of, shall become subject to, and shall agree in advance of disclosure to, the

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provisions of this Protective Order requiring that the material and information

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contained in therein be held in confidence.
2.

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EXPERTS AND CONSULTANTS: Disclosure may be made to

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experts employed by a party or their counsel to assist in the prosecution of this matter

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who have committed in writing in advance of disclosure to such party’s counsel

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his/her agreement to be subject to the provisions of this Protective Order, requiring

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that the material and information contained in therein be held in confidence.
3.

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THE COURT: Disclosure may be made to the Court and any

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Court personnel required to review such documents in connection with the litigation.

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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

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D.

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If the Disclosing Party inadvertently produces any Confidential Information

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without designating it as such, it may be remedied by (1) promptly notifying the other

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parties of the error; and (2) providing a substitute copy of the Confidential

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Information with a proper legend. In that event, the parties receiving the inadvertently

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produced undesignated Confidential Information will: (1) return the previously

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produced Confidential Information and destroy all copies thereof; and (2) if the party

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had already disseminated the Confidential Information to any person, the party will

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notify all such persons in writing of the need to return such Confidential Information

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and not to further disseminate it. The initial failure to designate information in

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accordance with this Order shall not be deemed a waiver of Confidentiality.

INADVERTENT DISCLOSURE

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E.

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Any person having access to material or information designated as

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“CONFIDENTIAL” under this Protective Order shall not make copies, extracts, or

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summaries of the material or information contained in the material, or any portion

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thereof, except that copies, extracts, or summaries may be prepared by Plaintiff’s

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counsel, or experts or consultants employed by Plaintiff’s counsel in the prosecuting,

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defending and attempting to settle this matter.

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summaries shall be treated as confidential material under the provisions of this

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Protective Order.

COPIES, EXTRACTS, SUMMARIES AND DESCRIPTIONS:

Any such copies, extracts, or

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F.

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Any Party or Non-Party may challenge a designation of confidentiality at any

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time. Unless a prompt challenge to a Designating Party’s confidentiality designation

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is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a party does not waive its

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right to challenge a confidentiality designation by electing not to mount a challenge

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promptly after the original designation is disclosed.

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DISPUTES:

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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

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Any disputes as to the confidentiality will be made pursuant to Local Rules 37-

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1 through 37-4.

Unless the Designating Party has waived the confidentiality

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designation, all parties shall continue to afford the material in question the level of

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protection to which it is entitled under the Producing Party’s designation until the

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court rules on the dispute.

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G.

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If, during any pre-trial court proceeding, Plaintiff intends to offer into evidence

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any documents, exhibits, or other materials that reveal materials or information

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claimed to be confidential by Defendants, counsel for Plaintiff shall provide counsel

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for Defendants reasonable advance notice of such intention. In accordance with Local

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Rule 79-5.1, if any papers to be filed with the Court contain information and/or

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documents that have been designated as “CONFIDENTIAL,” the proposed filing shall

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be accompanied by an application to file the papers or the portion thereof containing

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the designated information or documents (if such portion is segregable) under seal;

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and the application shall be directed to the judge to whom the papers are directed. For

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motions, the parties shall publicly file a redacted version of the motion and supporting

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papers. In the case of depositions or other pretrial testimony, the designation of

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Discovery Material as “CONFIDENTIAL” for purposes of this order shall be made (i)

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by a statement on the record, by counsel, at the time of such disclosure; or (ii) by

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written notice, sent by counsel to all parties within twenty (20) business days after

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receiving a copy of the transcript thereof; and in both of the foregoing instances, by

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directing the court reporter that the appropriate Confidentiality legend be affixed to

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the first page and all portions of the original and all copies of the transcript containing

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any “CONFIDENTIAL” Discovery Material. All deposition transcripts and other

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pretrial testimony shall be treated as “CONFIDENTIAL” until the expiration of the

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twentieth business day after receipt by counsel of a copy of the transcript thereof.

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Thereafter, only those portions of the transcripts designated as “CONFIDENTIAL” in

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the litigation shall be deemed “CONFIDENTIAL” Discovery Material.

USE AS EVIDENCE AND USE DURING DEPOSITIONS:

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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

If, in

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connection with any deposition taken in this action, Plaintiff’s attorneys question a

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witness regarding materials marked as “CONFIDENTIAL” by Defendants, or uses

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confidential material as deposition exhibits, the transcripts of such deposition

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testimony and exhibits shall be designated as confidential material and shall be subject

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to the provisions of this Protective Order.

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H.

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Upon final termination of this action, whether by judgment, settlement or

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otherwise, counsel for Plaintiff shall return to counsel for Defendants, within 60

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calendar days, all materials and all copies thereof in their possession or subject to their

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control, (including, but not limited to, materials furnished to consultants and/or

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experts) that was designated by Defendants as “CONFIDENTIAL” in accordance with

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this Protective Order.

RETURN OF DOCUMENTS:

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I.

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Failure to comply with the Protective Order could subject the non-compliant

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FAILURE TO COMPLY WITH PROTECTIVE ORDER:

individual/s to sanctions and punishment in the nature of contempt.

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J.

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If any other party to this civil litigation requests copies of the documents subject

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to this confidential protective order, counsel for the party to whom the request is made

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shall first provide a copy of the Stipulated Protective Order to the requesting party.

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The requesting party shall confirm in writing that both the party and their attorney(s)

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shall be bound by the terms of the Stipulated Protective Order. The writing must also

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include consent, by the person to whom disclosure is made, to be subject to the

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jurisdiction of this court with respect to any proceeding relating to the enforcement of

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this Stipulated Protective Order, including but not limited to, any proceeding for

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contempt.

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ADDITIONAL PARTIES:

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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
DOCUMENTS

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The foregoing is without prejudice to the right of any party:
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To apply to the court for a Protective Order relating to confidential

material or related to discovery in this litigation;
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To apply to the Court for an order permitting the removal of the

“CONFIDENTIAL” designation from any documents;
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To apply to the Court for an order compelling production of

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documents or modifications of this order or for any order permitting disclosure of

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confidential material beyond the terms of this order.

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SO ORDERED.

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DATED: August 10, 2016
THE HONORABLE KAREN E. SCOTT
United States District Court Magistrate Judge

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[PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION AND
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