Fermin Vincent Valenzuela v. City of Anaheim et al

Filing 18

PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION by Magistrate Judge Douglas F. McCormick; re Stipulation for Protective Order 17 (twdb)

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ANAHEIM CITY ATTORNEY'S OFFICE
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 ANAHEIM POLICE DEPARTMENT;
RAUL QUEZADA; DANIEL WOLFE; and
WOOJIN JUN

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FERMIN VINCENT
VALENZUELA,

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Plaintiff,
v.
CITY OF ANAHEIM; ANAHEIM
POLICE DEPARTMENT; RAUL
QUEZADA, individually and as
Chief of Police; DANIEL WOLFE,
WOOJIM JUN and DOES 1 through
10, individually and as a peace
officers, inclusive,

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Defendants.

Case No.:

8:17-cv-00278 CJC (DFMx)

PROTECTIVE ORDER RE
CONFIDENTIAL INFORMATION
[Discovery Document: Referred to
Magistrate Judge Douglas F.
McCormick]

Action Filed:
Trial Date:

February 15, 2017
None set

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On or about May 5, 2017, the parties stipulated to a protective order

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regarding confidential information and seek to have a protective order entered by

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

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

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

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

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1.

GOOD CAUSE STATEMENT: This action involves information

for which special protection from public disclosure and from use for any purpose
Case No. 8:17-cv-00278 CJC (DFMx)

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other than prosecution of this action is warranted. Such confidential materials

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and information consist of, among other things, the Orange County District

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Attorney's Office In-Custody Death Investigation and the City of Anaheim

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Police Department's investigation and Body Worn Camera videos (including

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information implicating privacy rights of third parties), information otherwise

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generally unavailable to the public, or which may be privileged or otherwise

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protected from disclosure under state or federal statutes, court rules, case

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decisions, or common law. Accordingly, to expedite the flow of information, to

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facilitate the prompt resolution of disputes over confidentiality of discovery

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materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of

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such material in preparation for and in the conduct of trial, to address their

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handling at the end of the litigation, and serve the ends of justice, a protective

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order for such information is justified in this matter.

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2.

Attorneys for the Plaintiff shall receive from the Defendants a copy

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of the Orange County District Attorney Office's In Custody Death Investigation

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and Anaheim Police Department police and investigative reports and Body Worn

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Camera videos in connection with the investigation of decedent Fermin

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Valenzuela (“File”).

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3.

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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4.

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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5.

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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6.

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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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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7.

Final Disposition: After the final disposition of this Action,

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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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8.

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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9.

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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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:

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Dated: May 9, 2017

HON. DOUGLAS F. MC CORMICK
United States Magistrate Judge

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Case No. 8:17-cv-00278 CJC (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 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 VALENZUELA v. CITY OF

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ANAHEIM, et. al., Case No. SACV 17-00278 CJC (DFMx), now pending in the

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District Court. I understand the Stipulation and Protective Order and agree to

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comply with and to be bound by all the terms of the Stipulation and Protective

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Order. I solemnly promise that I will not disclose in any manner any information

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or item that is subject to the Stipulation and Protective Order to any person or

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entity except in strict compliance with the provisions of the Stipulation and

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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. 8:17-cv-00278 CJC (DFMx)