Cheryl Sanders v. City of Anaheim et al

Filing 15

PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION 14 by Judge James V. Selna. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CHERYL SANDERS,
Plaintiff,

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v.
CITY OF ANAHEIM, a municipal
corporation and DOES 1 through
10, inclusive,
Defendant.

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Case No.:

SACV 16-01044-JVS (DFM)

PROTECTIVE ORDER RE
CONFIDENTIAL INFORMATION

Action Filed:
Trial Date:

May 2, 2016
December 19, 2017

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On April 3, 2017, the parties stipulated to a protective order regarding

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

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based on that stipulation. The stipulation has been filed with the Court. Based

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on that Stipulation and it appearing that the information is confidential and good

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cause appearing therefor, the following Protective Order shall apply to any

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Documents produced by Defendant to Plaintiff's counsel in this action:

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1.

Attorney for Plaintiff shall receive from Defendant a copy of the

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This Protective Order applies to and governs the use of confidential personnel

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records concerning third party employees which are being produced to Plaintiff
Case No. 16-01044-JVS (DFM)

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by the City. This Order shall apply to and govern (hereinafter referred to as

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“Confidential Information”), including but not limited to confidential personnel

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records of plaintiff's former co-workers Ron Pickett and Richard Garcia. The

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City may affirmatively designate such records as "Confidential" and shall give

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notice to Plaintiff of which records are governed by this order when said

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documents are produced.

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The term Confidential Information shall mean and include the documents

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listed above, any and all portions thereof, and all documents of whatever kind

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containing information set forth in or obtained from these documents.

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2.

Attorney for Plaintiff shall personally secure and maintain the

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Confidential Records in their possession to the end that Confidential Records to

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be used only for the purposes set forth below and for no other purpose.

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3.

Plaintiff's counsel’s copy of the Confidential Records shall only be

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

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

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any other purpose

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4.

Plaintiff's counsel shall use the Confidential Information solely for

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the purposes of this litigation, and shall not disclose any portion of the

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Confidential Information to any other person, firm or corporation except:

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A.

Bona fide employees of counsel’s law offices, and then only to the

extent necessary to enable said persons to assist in litigation of this action;
B.

Plaintiff, but only to the extent deemed necessary by counsel for the

prosecution of this litigation;

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C.

Expert witnesses employed by the parties to this action;

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D.

Consultants retained by the parties to this action; or

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E.

The Court, filed under seal as described below.

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5.

Duration: Once a case proceeds to trial, all of the information that

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was designated as confidential or maintained pursuant to this protective order
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Case No. 16-01044-JVS (DFM)

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becomes public unless compelling reasons supported by specific factual findings

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to proceed otherwise are made to the trial judge in advance of the trial.

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Kamakana v. City and County of Honolulu (9th Cir. 2006) 447 F.3d 1172, 1180-

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1181 (distinguishing "good cause" showing for sealing documents produced in

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discovery from "compelling reasons" standard when merits-related

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documents are part of court record). Accordingly, the terms of this protective

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order do not extend beyond the commencement of the trial.

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6.

Final Disposition: After the final disposition of this Action,

Plaintiff's Counsel shall return all Protected Material and/or Confidential

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Information to counsel for the City or shall destroy such material, including all

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copies and extracts thereof, abstracts, compilations, summaries, and any other

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format reproducing or capturing any of the Protected Material and/or

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Confidential Information with the exception of those documents affected by the

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attorney work-product doctrine or attorney-client privilege. Notwithstanding this

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provision, Counsel are entitled to retain an archival copy of all pleadings, motion

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papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work

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product, and consultant and expert work product, even if such materials contain

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material Protected Material and/or Confidential Information produced subject to

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this order. Any such archival copies that contain or constitute Protected Material

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and/or Confidential Information remain subject to this Protective Order.

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7.

Attorney for Plaintiff shall cause the substance of this order to be

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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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8.

The attorney for Plaintiff shall not cause or knowingly permit

disclosure of the contents of the File beyond the disclosure permitted under the
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Case No. 16-01044-JVS (DFM)

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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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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:

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Dated: April 6, 2017

HON. DOUGLAS F. MC CORMICK
United States Magistrate Judge

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121737v1

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Case No. 16-01044-JVS (DFM)

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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 declare under penalty of perjury under the laws of the United States of

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America that I have read in its entirety and understand the Stipulation and

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Protective Order that was issued by the United States District Court for the

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Central District of California in the case of NAJERA v. CITY OF ANAHEIM,

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et. al., Case No. SACV 16-1243 JLS (JCGx), now pending in the District Court.

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I understand the Stipulation and Order and agree to comply with and to be bound

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by all the terms of the Stipulation and Protective Order. I solemnly promise that

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I will not disclose in any manner any information or item that is subject to the

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Stipulation and Protective Order to any person or entity except in strict

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compliance with the provisions of the Stipulation and Protective Order.

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DATED:_______________

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By:

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

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Case No. 16-01044-JVS (DFM)