Roussan Joshua Collins v. City of Anaheim et al

Filing 15

PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation 14 . (mba)

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ANAHEIM CITY ATTORNEY'S OFFICE
MOSES W. JOHNSON, IV (SBN 118769)
Assistant City Attorney
E-mail: [e-mail]
GREGG M. AUDET (SBN 158682)
E-mail: [e-mail]
200 S. Anaheim Boulevard, Suite 356
Anaheim, California 92805
Tel: [phone] Fax: [phone]
Attorneys for Defendants CITY OF
ANAHEIM, RICHARD BOYER, ROBERT
CONKLIN, MICHAEL LOZEAU and SAL
PISCOPO

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROUSSAN JOSHUA COLLINS,

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Case No.: 8:17-cv-01611 DOC (DFMx)

Plaintiff,
v.
CITY OF ANAHEIM; RICHARD
BOYER; ROBERT CONKLIN;
MICHAEL LOZEAU; SAL
PISCOPO; and DOES 1 through 10,
inclusive,

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Defendants.

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

9/15/2017
None set

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On or about October 23, 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

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for which special protection from public disclosure and from use for any purpose

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other than prosecution of this action is warranted. Such confidential materials
Case No. 8:17-cv-01611 DOC (DFMx)

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and information consist of the Internal Affairs Investigation and the City of

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Anaheim Police Department's Body Worn Camera videos (which includes

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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.

The Attorneys for the Plaintiff shall receive from the Defendants a

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copy of the Internal Affairs Investigation and the Anaheim Police Department

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Body Worn Camera videos in connection with the incident and arrest of Plaintiff

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(“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, except to

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provide a copy to an expert who must agree to be bound by the Protective Order.

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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 make a copy of the File for their expert if the same may actively

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assist in the prosecution of this case, as long as the expert agrees to be bound by

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the terms of this Protective Order. No other copies may be made.

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///
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Case No. 8:17-cv-01611 DOC (DFMx)

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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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Case No. 8:17-cv-01611 DOC (DFMx)

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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: October 25, 2017

HON. DOUGLAS F. MC CORMICK
United States Magistrate Judge

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Case No. 8:17-cv-01611 DOC (DFMx)

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EXHIBIT 1

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UNDERSTANDING AND AGREEMENT TO BE BOUND

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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 COLLINS v. CITY OF ANAHEIM,

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et al., Case No. SACV 17-0611 DOC (DFMx), now pending in the District

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

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with and to be bound by all the terms of the Stipulation and Protective Order. I

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solemnly promise that I will not disclose in any manner any information or item

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

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

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Order.

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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. 8:17-cv-01611 DOC (DFMx)