Brian Bomar v. City Of Anaheim et al

Filing 14

PROTECTIVE ORDER Re: Confidential Information by Magistrate Judge Douglas F. McCormick, re Stipulation for Protective Order 13 . (see document for details). (dro)

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KRISTIN A. PELLETIER, ACTING CITY ATTORNEY
MOSES W. JOHNSON, IV (SBN 118769)
Assistant City Attorney
E-mail: [e-mail]
200 S. Anaheim Boulevard, Suite 356
Anaheim, California 92805
Tel: [phone] Fax: [phone]
Attorneys for Defendants CITY OF ANAHEIM, CITY OF
ANAHEIM erroneously sued as CITY OF ANAHEIM
POLICE DEPARTMENT, and OFFICER KEVIN
FLANAGAN

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BRIAN BOMAR,
Plaintiff,

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Case No.:SACV16-00650 DOC (DFMx)

v.

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CITY OF ANAHEIM, CITY OF
ANAHEIM POLICE
DEPARTMENT, OFFICER KEVIN
FLANAGAN (#A1128), and DOES
1 through 50, inclusive,

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PROTECTIVE ORDER RE
CONFIDENTIAL INFORMATION

Defendants.

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Action Filed:
Trial Date:

December 31, 2015
None set

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The parties have stipulated to a protective order regarding confidential

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information and seek to have a protective order entered by the Court based on

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that stipulation. A copy of the stipulation is attached as Exhibit A. It appearing

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that the information is confidential and good cause appearing therefor, the

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following Protective Order shall apply to any Documents produced by

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Defendants to Plaintiff's counsel in this action:

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1.

Attorneys for the Plaintiff shall receive from the Defendants a copy

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of the Internal Affairs investigation and administrative files and police reports in

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connection with the arrest of Plaintiff and the administrative investigation of the

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incident involving the Officer Defendant(s) (“File”).
Case No. SACV 16-00650 DOC (DFMx)

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2.

Attorneys for the Plaintiff shall personally secure and maintain the

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File in their possession to the end that the File is to be used only for the purposes

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set forth below and for no other purpose.

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3.

Plaintiff's counsel’s copy of the investigation File shall only be used

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for preparing for and prosecuting this case pending the completion of the judicial

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process including appeal, if any. No copies of the File shall be made.

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4.

If necessary in the judgment of the attorneys for the Plaintiff in this

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case, they may show or reveal the contents of the File to their experts and/or

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investigators, if the same may actively assist in the prosecution of this case.

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5.

After completion of the judicial process in this case, any

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information ordered disclosed shall be returned to the attorney for the Defendants

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or destroyed. The attorneys for Plaintiff shall be required to file an affidavit

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under penalty of perjury that all copies and notes from the File have in fact been

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returned or destroyed, and that no copy of such File has been retained in any

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form.

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6.

Attorneys for the Plaintiff shall cause the substance of this order to

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be communicated to each person to whom the File is revealed in accordance with

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this order and prior to disclosure of the Confidential Information, have such

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person execute a written Understanding and Agreement to be bound by this

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Stipulation for Protective Order in the form attached hereto as Exhibit 1.

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7.

The attorneys for the Plaintiff shall not cause or knowingly permit

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disclosure of the contents of the File beyond the disclosure permitted under the

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terms and conditions of this order, including but not limited to any news media

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which is inclusive of film or video, television, radio or print.

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IT IS SO ORDERED:
Dated: June 14, 2016

HON. DOUGLAS F. MCCORMICK
United States Magistrate Judge

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Case No. SACV 16-00650 DOC (DFMx)

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EXHIBIT 1

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UNDERSTANDING AND AGREEMENT

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PURSUANT TO PROTECTIVE ORDER

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I have read the Stipulation and Protective Order in BRIAN BOMAR v.

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CITY OF ANAHEIM et al., Case No. SACV 16-00650 DOC (DFMx), now

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pending in the United States District Court. I understand the Stipulation and

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agree to be bound by its terms.

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DATED:_______________

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By:

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SIGNATURE
_________________________________
PRINT NAME
_________________________________
ADDRESS
_________________________________
CITY, STATE, ZIP

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Case No. SACV 16-00650 DOC (DFMx)