Esmeralda Elizabeth Roque et al v. County of Orange et al

Filing 34

PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 33 . (see document for details) (hr)

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1 S. FRANK HARRELL (SBN #133437) 2 SHANNON L. GUSTAFSON (SBN #228856) 3 LYNBERG & WATKINS A Professional Corporation 4 1100 Town & Country Road, Suite 1450 Orange, California 92868 5 (714) 937-1010 Telephone (714) 937-1003 Facsimile 6 Attorneys for Defendant, COUNTY OF ORANGE 7 8 Jesus Eduardo Arias, Esq. LL.M. [SBN 293983] 18000 Studebaker Rd. Suite 700 9 Cerritos California 90703 10 E| Tel| 323) 815 9450 Fax| 323) 375 1196 11 Attorney for Plaintiff, ESMERALDA ELIZABETH ROQUE 12 13 14 15 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 16 ESMERALDA ELIZABETH ROQUE, 17 et al., 18 Plaintiff, vs. 19 20 COUNTY OF ORANGE, DOES 1-50, et al., 21 Defendants. 22 CASE NO. 8:22-cv-02205-DOC-ADS STIPULATED PROTECTIVE ORDER Trial Date: November 12, 2024 Complaint filed: December 7, 2022 23 24 25 26 27 28 1 STIPULATED PROTECTIVE ORDER 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that 8 the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section XIII(C), 11 below, that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from 14 the Court to file material under seal. 15 II. GOOD CAUSE STATEMENT 16 A. This action is likely to involve documents, video footage, photographs, 17 medical records, and other highly sensitive private information for which special 18 protection from public disclosure and from use for any purpose other than prosecution 19 of this action is warranted. Such confidential and proprietary materials and 20 information consist of, among other things, multiple hours’ worth of security video 21 footage from the Decedent’s cell block which depicts a large number of third-party 22 inmates whose privacy interests are not represented in the instant litigation, as well as 23 other information otherwise generally unavailable to the public, or which may be 24 privileged or otherwise protected from disclosure under state or federal statutes, court 25 rules, case decisions, or common law. Beyond the inmates’ privacy concerns, it is 26 critical that the surveillance footage be subject to heightened protection because the 27 location of security cameras within the jail is itself highly sensitive and confidential 28 2 STIPULATED PROTECTIVE ORDER 1 information. Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the parties are entitled to keep confidential, to ensure that the 4 parties are permitted reasonable necessary uses of such material in preparation for and 5 in the conduct of trial, to address their handling at the end of the litigation, and serve 6 the ends of justice, a protective order for such information is justified in this matter. 7 It is the intent of the parties that information will not be designated as confidential for 8 tactical reasons and that nothing be so designated without a good faith belief that it 9 has been maintained in a confidential, non-public manner, and there is good cause 10 why it should not be part of the public record of this case. 11 III. DEFINITIONS 12 A. Action: This pending federal law suit. 13 B. Challenging Party: A Party or Non-Party that challenges the designation 14 of information or items under this Order. 15 C. “CONFIDENTIAL” Information or Items: Information (regardless of 16 how it is generated, stored or maintained) or tangible things that qualify for protection 17 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 18 Cause Statement. 19 D. Counsel: Outside Counsel of Record and House Counsel (as well as their 20 support staff). 21 E. Designating Party: A Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 F. Disclosure or Discovery Material: All items or information, regardless 25 of the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced or 27 generated in disclosures or responses to discovery in this matter. 28 3 STIPULATED PROTECTIVE ORDER 1 G. Expert: A person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 H. House Counsel: Attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 I. Non-Party: Any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 J. Outside Counsel of Record: Attorneys who are not employees of a party 10 to this Action but are retained to represent or advise a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm which 12 has appeared on behalf of that party, and includes support staff. 13 K. Party: Any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 L. Producing Party: A Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 M. Professional Vendors: Persons or entities that provide litigation support 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 N. Protected Material: Any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 O. Receiving Party: A Party that receives Disclosure or Discovery Material 25 from a Producing Party. 26 IV. SCOPE 27 A. The protections conferred by this Stipulation and Order cover not only 28 4 STIPULATED PROTECTIVE ORDER 1 Protected Material (as defined above), but also (1) any information copied or extracted 2 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 3 Protected Material; and (3) any testimony, conversations, or presentations by Parties 4 or their Counsel that might reveal Protected Material. 5 B. Any use of Protected Material at trial shall be governed by the orders of 6 the trial judge. This Order does not govern the use of Protected Material at trial. 7 V. DURATION 8 A. Even after final disposition of this litigation, the confidentiality 9 obligations imposed by this Order shall remain in effect until a Designating Party 10 agrees otherwise in writing or a court order otherwise directs. Final disposition shall 11 be deemed to be the later of (1) dismissal of all claims and defenses in this Action, 12 with or without prejudice; and (2) final judgment herein after the completion and 13 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 14 including the time limits for filing any motions or applications for extension of time 15 pursuant to applicable law. 16 VI. DESIGNATING PROTECTED MATERIAL 17 A. Exercise of Restraint and Care in Designating Material for Protection 18 1. Each Party or Non-Party that designates information or items for 19 protection under this Order must take care to limit any such 20 designation to specific material that qualifies under the 21 appropriate standards. The Designating Party must designate for 22 protection only those parts of material, documents, items, or oral 23 or written communications that qualify so that other portions of 24 the material, documents, items, or communications for which 25 protection is not warranted are not swept unjustifiably within the 26 ambit of this Order. 27 2. Mass, indiscriminate, or routinized designations are prohibited. 28 5 STIPULATED PROTECTIVE ORDER 1 Designations that are shown to be clearly unjustified or that have 2 been made for an improper purpose (e.g., to unnecessarily 3 encumber the case development process or to impose unnecessary 4 expenses and burdens on other parties) may expose the 5 Designating Party to sanctions. 6 3. 7 items that it designated for protection do not qualify for protection, 8 that Designating Party must promptly notify all other Parties that 9 it is withdrawing the inapplicable designation. 10 B. If it comes to a Designating Party’s attention that information or Manner and Timing of Designations 11 1. Except as otherwise provided in this Order (see, e.g., Section 12 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure 13 or Discovery Material that qualifies for protection under this 14 Order must be clearly so designated before the material is 15 disclosed or produced. 16 2. Designation in conformity with this Order requires the following: 17 a. For information in documentary form (e.g., paper or 18 electronic documents, but excluding transcripts of 19 depositions or other pretrial or trial proceedings), that the 20 Producing Party affix at a minimum, the legend 21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 22 legend”), to each page that contains protected material. If 23 only a portion or portions of the material on a page qualifies 24 for protection, the Producing Party also must clearly 25 identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). 27 b. A Party or Non-Party that makes original documents 28 6 STIPULATED PROTECTIVE ORDER 1 available for inspection need not designate them for 2 protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. 4 During the inspection and before the designation, all of the 5 material made available for inspection shall be deemed 6 “CONFIDENTIAL.” After the inspecting Party has 7 identified the documents it wants copied and produced, the 8 Producing Party must determine which documents, or 9 portions thereof, qualify for protection under this Order. 10 Then, before producing the specified documents, the 11 Producing Party must affix the “CONFIDENTIAL legend” 12 to each page that contains Protected Material. If only a 13 portion or portions of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify 15 the protected portion(s) (e.g., by making appropriate 16 markings in the margins). 17 c. 18 Party identify the Disclosure or Discovery Material on the 19 record, before the close of the deposition all protected 20 testimony. 21 d. 22 for any other tangible items, that the Producing Party affix 23 in a prominent place on the exterior of the container or 24 containers in which the information is stored the legend 25 “CONFIDENTIAL.” If only a portion or portions of the 26 information warrants protection, the Producing Party, to the 27 extent practicable, shall identify the protected portion(s). For testimony given in depositions, that the Designating For information produced in form other than document and 28 7 STIPULATED PROTECTIVE ORDER 1 C. Inadvertent Failure to Designate 2 1. If timely corrected, an inadvertent failure to designate qualified 3 information or items does not, standing alone, waive the 4 Designating Party’s right to secure protection under this Order for 5 such material. Upon timely correction of a designation, the 6 Receiving Party must make reasonable efforts to assure that the 7 material is treated in accordance with the provisions of this Order. 8 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 A. Timing of Challenges 10 1. 11 confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 13 B. Any party or Non-Party may challenge a designation of Meet and Confer 14 1. 15 under Local Rule 37.1 et seq. 16 C. The Challenging Party shall initiate the dispute resolution process The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper purpose 18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 19 expose the Challenging Party to sanctions. Unless the Designating Party has waived 20 or withdrawn the confidentiality designation, all parties shall continue to afford the 21 material in question the level of protection to which it is entitled under the Producing 22 Party’s designation until the Court rules on the challenge. 23 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 24 A. Basic Principles 25 1. A Receiving Party may use Protected Material that is disclosed or 26 produced by another Party or by a Non-Party in connection with 27 this Action only for prosecuting, defending, or attempting to settle 28 8 STIPULATED PROTECTIVE ORDER 1 this Action. Such Protected Material may be disclosed only to the 2 categories of persons and under the conditions described in this 3 Order. When the Action has been terminated, a Receiving Party 4 must comply with the provisions of Section XIV below. 5 2. 6 Party at a location and in a secure manner that ensures that access 7 is limited to the persons authorized under this Order. 8 9 B. Protected Material must be stored and maintained by a Receiving Disclosure of “CONFIDENTIAL” Information or Items 1. Unless otherwise ordered by the Court or permitted in writing by 10 the Designating Party, a Receiving Party may disclose any 11 information or item designated “CONFIDENTIAL” only to: 12 a. The Receiving Party’s Outside Counsel of Record in this 13 Action, as well as employees of said Outside Counsel of 14 Record to whom it is reasonably necessary to disclose the 15 information for this Action; 16 b. 17 Counsel) of the Receiving Party to whom disclosure is 18 reasonably necessary for this Action; 19 c. 20 whom disclosure is reasonably necessary for this Action 21 and who have signed the “Acknowledgment and Agreement 22 to Be Bound” (Exhibit A); 23 d. The Court and its personnel; 24 e. Court reporters and their staff; 25 f. Professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably 27 necessary for this Action and who have signed the The officers, directors, and employees (including House Experts (as defined in this Order) of the Receiving Party to 28 9 STIPULATED PROTECTIVE ORDER 1 “Acknowledgment and Agreement to be Bound” attached 2 as Exhibit A hereto; 3 g. 4 information or a custodian or other person who otherwise 5 possessed or knew the information; 6 h. 7 witnesses, in the Action to whom disclosure is reasonably 8 necessary provided: (i) the deposing party requests that the 9 witness sign the “Acknowledgment and Agreement to Be The author or recipient of a document containing the During their depositions, witnesses, and attorneys for 10 Bound;” and (ii) they will not be permitted to keep any 11 confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound,” unless 13 otherwise agreed by the Designating Party or ordered by the 14 Court. Pages of transcribed deposition testimony or 15 exhibits to depositions that reveal Protected Material may 16 be separately bound by the court reporter and may not be 17 disclosed to anyone except as permitted under this 18 Stipulated Protective Order; and 19 i. 20 personnel, mutually agreed upon by any of the parties 21 engaged in settlement discussions. Any mediator or settlement officer, and their supporting 22 IX. PROTECTED MATERIAL SUBPOENAED 23 PRODUCED IN OTHER LITIGATION 24 A. OR ORDERED If a Party is served with a subpoena or a court order issued in other 25 litigation that compels disclosure of any information or items designated in this 26 Action as “CONFIDENTIAL,” that Party must: 27 1. Promptly notify in writing the Designating Party. Such 28 10 STIPULATED PROTECTIVE ORDER 1 notification shall include a copy of the subpoena or court order; 2 2. 3 order to issue in the other litigation that some or all of the material 4 covered by the subpoena or order is subject to this Protective 5 Order. Such notification shall include a copy of this Stipulated 6 Protective Order; and 7 3. 8 pursued by the Designating Party whose Protected Material may 9 be affected. 10 B. Promptly notify in writing the party who caused the subpoena or Cooperate with respect to all reasonable procedures sought to be If the Designating Party timely seeks a protective order, the Party served 11 with the subpoena or court order shall not produce any information designated in this 12 action as “CONFIDENTIAL” before a determination by the Court from which the 13 subpoena or order issued, unless the Party has obtained the Designating Party’s 14 permission. The Designating Party shall bear the burden and expense of seeking 15 protection in that court of its confidential material and nothing in these provisions 16 should be construed as authorizing or encouraging a Receiving Party in this Action to 17 disobey a lawful directive from another court. 18 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 A. The terms of this Order are applicable to information produced by a Non- 21 Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as prohibiting a Non-Party from seeking additional protections. 25 B. In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 11 STIPULATED PROTECTIVE ORDER 1 confidential information, then the Party shall: 2 1. 3 that some or all of the information requested is subject to a 4 confidentiality agreement with a Non-Party; 5 2. 6 Protective Order in this Action, the relevant discovery request(s), 7 and a reasonably specific description of the information requested; 8 and 9 3. 10 11 Promptly notify in writing the Requesting Party and the Non-Party Promptly provide the Non-Party with a copy of the Stipulated Make the information requested available for inspection by the Non-Party, if requested. C. If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 15 any information in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. Absent a court 17 order to the contrary, the Non-Party shall bear the burden and expense of seeking 18 protection in this court of its Protected Material. 19 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 21 disclosed Protected Material to any person or in any circumstance not authorized 22 under this Stipulated Protective Order, the Receiving Party must immediately (1) 23 notify in writing the Designating Party of the unauthorized disclosures, (2) use its best 24 efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the 25 person or persons to whom unauthorized disclosures were made of all the terms of 26 this Order, and (4) request such person or persons to execute the “Acknowledgment 27 and Agreement to be Bound” that is attached hereto as Exhibit A. 28 12 STIPULATED PROTECTIVE ORDER 1 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 A. When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the Stipulated Protective Order submitted 12 to the Court. 13 XIII. MISCELLANEOUS 14 A. Right to Further Relief 15 1. 16 modification by the Court in the future. 17 B. Nothing in this Order abridges the right of any person to seek its Right to Assert Other Objections 18 1. 19 waives any right it otherwise would have to object to disclosing or 20 producing any information or item on any ground not addressed 21 in this Stipulated Protective Order. Similarly, no Party waives any 22 right to object on any ground to use in evidence of any of the 23 material covered by this Protective Order. 24 C. By stipulating to the entry of this Protective Order, no Party Filing Protected Material 25 1. A Party that seeks to file under seal any Protected Material must 26 comply with Civil Local Rule 79-5. Protected Material may only 27 be filed under seal pursuant to a court order authorizing the sealing 28 13 STIPULATED PROTECTIVE ORDER 1 of the specific Protected Material at issue. If a Party's request to 2 file Protected Material under seal is denied by the Court, then the 3 Receiving Party may file the information in the public record 4 unless otherwise instructed by the Court. 5 XIV. FINAL DISPOSITION 6 A. After the final disposition of this Action, as defined in Section V, within 7 sixty (60) days of a written request by the Designating Party, each Receiving Party 8 must return all Protected Material to the Producing Party or destroy such material. As 9 used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 compilations, summaries, and any other format reproducing or capturing any of the 11 Protected Material. Whether the Protected Material is returned or destroyed, the 12 Receiving Party must submit a written certification to the Producing Party (and, if not 13 the same person or entity, to the Designating Party) by the 60 day deadline that (1) 14 identifies (by category, where appropriate) all the Protected Material that was returned 15 or destroyed and (2) affirms that the Receiving Party has not retained any copies, 16 abstracts, compilations, summaries or any other format reproducing or capturing any 17 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 18 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 20 reports, attorney work product, and consultant and expert work product, even if such 21 materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section V. 24 B. Any violation of this Order may be punished by any and all appropriate 25 measures including, without limitation, contempt proceedings and/or monetary 26 sanctions. 27 28 14 STIPULATED PROTECTIVE ORDER 1 2 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: November 9, 2023 LYNBERG & WATKINS A Professional Corporation 4 5 6 *$5526 &+$1 /S/ FRANK HARRELL By: /S/ SHANNON L. GUSTAFSON S. FRANK HARRELL SHANNON L. GUSTAFSON *$5526 &+$1 Attorneys for Defendant, COUNTY OF ORANGE 6 7 8 9 10 DATED: November  2023 11 12 13 14 LAW OFFICE OF JESUS EDUARDO ARIAS By: /S/ JESUS E. ARIAS JESUS EDUARDO ARIAS Attorneys for 3ODLQWLII, ESMERALDA ELIZABETH ROQUE 15 16 17 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 20 21 22 Dated: 11/13/2023 23 /s/ Autumn D. Spaeth HON. AUTUMN D. SPAETH United States Magistrate Judge 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 1 2 3 I, 4 [print or type full address], declare under penalty of perjury that I have read in its entirety [print or type full name], of 5 and understand the Stipulated Protective Order that was issue by the United States District Court 6 7 for the Central District of California on ________________ [DATE] in the case of [insert formal name of the case and the number and initials assigned to it by 8 9 the Court]. I agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to any person or 13 entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 16 Central District of California for the purpose of enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I hereby 18 appoint 19 [print or type full name] of [print or type full address and telephone number] as my California agent for service of 20 process in connection with this action or any proceedings related to enforcement of this Stipulated 21 Protective Order. 22 23 24 Date: City and State where sworn and signed: 25 Printed Name: 26 Signature: 27 28 16 STIPULATED PROTECTIVE ORDER

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