Eric Peterson v. Chief Jay R Johnson et al

Filing 83

PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 82 . (kh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ERIC PETERSON, 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff, vs. CHIEF JAY R. JOHNSON, individually and in his official capacity, CHIEF ROBERT LEUMAN, individually and in his official capacity, DAVID KIFF, individually and in his official capacity as city manager of the city of Newport Beach, CITY OF NEWPORT BEACH, a Municipal Entity of California, CITY OF SEAL BEACH, a Municipal Entity of California, DAVE MCGILL, individually and in his official capacity, MARK HAMILTON, individually and in his official capacity, JOE CARTWRIGHT, individually and in his official capacity, and DOES 1 through 50, inclusive, Defendants. ) Case No. 8:16-cv-00240-AG-JCG ) ) ) ) ) PROTECTIVE ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 24 25 This protective order shall govern the disclosure of Plaintiff Eric Peterson’s 26 treatment records from Amelia Hardwick, Psy. D. (hereinafter collectively the 27 “Protected Documents”), produced in connection with the civil lawsuit entitled 28 Eric Peterson v. Chief Jay Johnson, et al., bearing case number Case No. 8:16-cv-1- PROTECTIVE ORDER 1 2 00240-AG-JCG. 1. All Protected Documents will be clearly designated by plaintiff’s 3 counsel prior to the disclosure or production of such Protected Documents, and 4 will bear the notation of “Confidential” on each page provided the notation does 5 not obscure or obliterate the document’s contents. All Protected Documents shall 6 be subject to this Protective Order as follows. 7 2. Each person receiving any of the Protected Documents shall not 8 disclose to any person or entity, in any manner, including orally, any of the 9 Protected Documents or any of the information contained therein, except when 10 11 12 used for purposes of this litigation pursuant to this Protective Order. 3. The Protected Documents and all information contained therein, may only be disclosed to the following “qualified” persons: 13 a. Counsel of record for the parties to this civil litigation; 14 b. Plaintiff Eric Peterson and Defendants the City of Seal Beach 15 (and its employees), Chief Robert Luman, the City of Newport 16 Beach (and its employees), Chief Jay R. Johnson, David Kiff, 17 David McGill, Mark Hamilton, and Joe Cartwright; 18 c. Paralegal, stenographic, clerical and secretarial personnel 19 regularly employed by counsel referred to in subparagraph (a); 20 and, investigators, expert witnesses and other persons 21 legitimately involved in litigation-related activities for the 22 counsel of record. 23 d. Court personnel, including stenographic reporters engaged in 24 such proceedings as are necessarily incidental to preparation for 25 the trial of this action. 26 4. If the Protected Documents are disclosed to any individuals listed in 27 paragraph 3(b), those individuals shall be provided with a copy of this Protective 28 Order and sign an acknowledgment of its terms. If the Protected Documents are -2- PROTECTIVE ORDER 1 disclosed to any individuals listed in paragraph 3(c), those individuals shall be 2 orally advised of the terms of this Protective Order. 3 5. The Protected Documents may be disclosed to the Court and court 4 personnel in connection with this litigation. Protected Documents that a party 5 intends to use in support of or in opposition to a pretrial filing with the Court must 6 be filed in accordance with the Central District of California Local Rules relating 7 to under seal filings, including Local Rule 79-5. Counsel intending to use 8 information from Protected Documents must both (a) apply to submit unredacted 9 documents containing information from Protected Documents under seal and (b) 10 file public versions of the same documents with the information from Protected 11 Documents redacted. 12 6. In the event this matter proceeds to trial, to the extent that any of the 13 Protected Documents are offered into evidence, those Protected Documents will 14 become public, unless sufficient cause is shown in advance of trial to proceed 15 otherwise. 16 7. The court reporter, videographer, and audiographer, if any, who 17 record all or part of the depositions in this matter, which include Protected 18 Documents or descriptions thereof, shall be subject to this Order and precluded 19 from providing any portions of the original deposition videotape, audiotape, or 20 exhibits which relate to the Protected Documents or information to any persons 21 other than counsel of record, absent order of the court. 22 8. Those attending the depositions in this matter shall be bound by this 23 Order and, therefore, shall not disclose to any person or entity, in any manner, 24 including orally, any statements relating to information within the Protected 25 Documents made by such person during the course of said depositions. 26 9. The Protected Documents shall be used solely in connection with the 27 preparation and trial of this civil action entitled Eric Peterson v. Chief Jay Johnson, 28 et al., bearing case number Case No. 8:16-cv-00240-AG-KES, or any related -3- PROTECTIVE ORDER

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