D.C. G. et al v. City of Santa Ana et al

Filing 36

PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 34 . (kh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 D.C.G., a Minor, by and through his Guardian Ad Litem, Petra Gaeta; A.G., a Minor, by and through his Guardian Ad Litem, Maria Rosas, individually and as successors in interest to DAVID GAETA, deceased; DAVID GAETA URZUA, and PETRA GAETA, individually, ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) CITY OF SANTA ANA, an entity, ) SAUL ESQUIVEL, DORIN ) BUCHANAN; and DOES 1 through 10, ) Inclusive, ) ) Defendants. ) ) ) ) Case No.: SACV17-01206 JVS (JCGx) PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS 23 IT IS HEREBY ORDERED, following stipulation of counsel, as follows: 24 1. 25 26 This lawsuit arises out of the officer-involved shooting of Decedent David Gaeta on November 6, 2016. 2. In discovery, the plaintiffs requested certain items that comprise the 27 confidential peace officer personnel files of Defendant Officers Saul Esquivel and 28 Dorin Buchanan and/or other items the City maintains are confidential. The City -1PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS 1 objected to production of these materials and the plaintiffs filed a motion to 2 compel. See Doc. 31. Thereafter, the Court issued an order directing the parties to 3 engage in further meet and confer efforts, among other things. See Doc. 33. 4 Pursuant to the Court’s order, the defendants are producing certain of items 5 requested by the plaintiffs (collectively defined in paragraph 1 as “Protected 6 Documents”). 7 3. In light of the assertion of privilege and privacy by the defendants, the 8 following protective order shall govern production of documents collectively 9 defined in paragraph 1 as “Protected Documents”: 10 11 PROTECTIVE ORDER The Protected Documents shall be subject to this Protective Order as 12 follows. 13 1. All documents produced by the City of Santa Ana that compromise 14 the Protected Documents will be clearly designated as “CONFIDENTIAL” and be 15 placed in an envelope labeled as such prior to the disclosure. The 16 “CONFIDENTIAL” designation shall be placed on the printed pages of the 17 Protected Documents in a manner that does not overwrite or make illegible the text 18 of the document. 19 2. Each person receiving any of the Protected Documents shall not 20 disclose to any person or entity, in any manner, including orally, any of the 21 Protected Documents or any of the information contained therein, except when 22 used for purposes of this litigation pursuant to this protective order. 23 24 3. The Protected Documents and all information contained therein, may only be disclosed to the following “qualified” persons: 25 (a) Counsel of record for the parties to this civil litigation; 26 (b) Defendant City of Santa Ana and its employees, including, but not 27 28 limited to Officers Saul Esquivel and Dorin Buchanan; (c) Paralegal, stenographic, clerical and secretarial personnel regularly -2PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS 1 employed by counsel referred to in subparagraph (a); and, investigators, expert 2 witnesses and other persons legitimately involved in litigation-related activities for 3 the counsel of record; and 4 5 6 (d) Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action. (e) With the exception of the Court and court personnel (who are subject 7 only to the Court’s internal procedures regarding the handling of material filed or 8 lodged, including material filed or lodged under seal), all persons receiving a copy 9 of the Protected Documents shall, before receiving such protected information, be 10 given a copy of this Protective Order and a compliance agreement (in the form 11 attached hereto as Exhibit “A”) and shall execute the compliance agreement, and 12 return the original of the compliance agreement to the attorney who gives him/her 13 the protected information. It shall be the responsibility of the respective attorneys 14 to distribute compliance agreements, and then collect and maintain custody of the 15 executed originals of the compliance agreements. 16 4. The Protected Documents may be disclosed to the Court and court 17 personnel, in connection with this litigation. Portions of the Protected Documents 18 that a party intends to use in support of or in opposition to a pre-trial filing with the 19 Court must be filed in accordance with the Central District of California Local 20 Rules relating to under seal filings, including Local Rule 79-5. Counsel intending 21 to use documents from Protected Documents must both (a) apply to submit 22 unredacted documents containing any portion of the Protected Documents under 23 seal and (b) file public versions of the same documents with the information from 24 the Protected Documents redacted. 25 5. In the event this matter proceeds to trial, to the extent that any of the 26 Protected Documents are offered into evidence, those documents will become 27 public, unless sufficient cause is shown in advance of trial to proceed otherwise. 28 6. The court reporter, videographer, and audiographer, if any, who -3PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS 1 record all or part of any future deposition(s) in this matter, which include the 2 Protected Documents or descriptions thereof, shall be subject to this Order and 3 precluded from providing any portions of the original deposition videotape, 4 audiotape, or exhibits which relate to the Protected Documents or information to 5 any persons other than counsel of record, absent order of the court. 6 7. Those attending any future deposition(s) shall be bound by this Order 7 and, therefore, shall not disclose to any person or entity, in any manner, including 8 orally, any documents from the Protected Documents made by such person during 9 the course of said depositions. 10 8. At any future deposition(s), should there be persons in attendance 11 who are not authorized to access to the Protected Documents or information, such 12 persons shall be removed from the deposition room at any time information 13 relating to the Protected Documents or protected information is disclosed or 14 discussed. 15 9. The Protected Documents shall be used solely in connection with the 16 preparation and trial of is action, entitled D.C.G., et al. v. City of Santa Ana, et al., 17 bearing case number SACV17-1206 JVS (JCGx), or any related appellate 18 proceeding, and not for any other purpose, including, without limitation, any other 19 litigation or administrative proceedings or any investigation related thereto. 20 10. This Order may not be modified unless by written consent of the 21 parties and approval of the Court. Any party may move for a modification of this 22 Order at any time. Upon receipt and review of the documents produced pursuant 23 to this protective order, any party may move to remove the confidential 24 designation of any document after meeting and conferring with opposing counsel 25 and pursuant to the procedures governing discovery motions set forth in Local 26 Rule 37. 27 28 11. This Order is made for the purpose of ensuring that the Protected Documents will remain confidential, unless otherwise ordered by the Court or in -4PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS 1 2 response to a successful motion by a party made pursuant to Paragraph 10. 12. At the conclusion of this litigation, upon request of defense counsel, 3 plaintiffs’ counsel shall return the Protected Documents to Jill Williams, Esq., 4 Carpenter, Rothans & Dumont, 500 S. Grand Avenue, 19th Floor, Los Angeles, 5 California 90071. Alternatively, the receiving parties and every other person 6 and/or entity who received originals or copies of the protected information may 7 destroy all such material and material derived therefrom within 30 calendar days 8 after the conclusion of this case. Additionally, within thirty 30 calendar days after 9 the conclusion of this case, counsel for the receiving parties shall send a signed 10 declaration stating that such material has been destroyed pursuant to this Protective 11 Order. 12 13 13. Nothing in this Order shall be construed as authorizing a party to disobey a lawful subpoena issued in another action. 14 15 GOOD CAUSE The parties submit that GOOD CAUSE exists to enter the proposed 16 protective order to balance the defendants’ concerns that the documents consist of 17 confidential peace officer personnel records, the disclosure of which would violate 18 the right to privacy of police officers as protected by the official information 19 privilege, law enforcement privilege, the California and United States Constitution, 20 with plaintiffs’ right to discovery in this litigation. The parties agree that all 21 documents marked confidential and produced pursuant to this protective order are 22 subject to the terms of this protective unless otherwise ordered by the Court. 23 IT IS SO ORDERED. 24 25 26 DATED: April 02, 2018 ___________________________________ Honorable Jay C. Gandhi United States Magistrate Judge 27 28 -5PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS

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