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)

1 S. FRANK HARRELL (SBN #133437)
[e-mail]
2 SHANNON L. GUSTAFSON (SBN #228856)
[e-mail]
3 LYNBERG & WATKINS
A Professional Corporation
4 1100 Town & Country Road, Suite 1450
Orange, California 92868
5 [phone] Telephone
[phone] 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| [e-mail]
Tel| 323) 815 9450 Fax| 323) 375 1196
11
Attorney for Plaintiff, ESMERALDA ELIZABETH ROQUE
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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

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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
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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.
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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

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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

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protection under this Order must take care to limit any such

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designation to specific material that qualifies under the

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appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral

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or written communications that qualify so that other portions of

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the material, documents, items, or communications for which

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protection is not warranted are not swept unjustifiably within the

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ambit of this Order.

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2.

Mass, indiscriminate, or routinized designations are prohibited.

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STIPULATED PROTECTIVE ORDER

1

Designations that are shown to be clearly unjustified or that have

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been made for an improper purpose (e.g., to unnecessarily

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encumber the case development process or to impose unnecessary

4

expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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3.

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items that it designated for protection do not qualify for protection,

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that Designating Party must promptly notify all other Parties that

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it is withdrawing the inapplicable designation.

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B.

If it comes to a Designating Party’s attention that information or

Manner and Timing of Designations

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1.

Except as otherwise provided in this Order (see, e.g., Section

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B(2)(b) below), or as otherwise stipulated or ordered, Disclosure

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or Discovery Material that qualifies for protection under this

14

Order must be clearly so designated before the material is

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disclosed or produced.

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2.

Designation in conformity with this Order requires the following:

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a.

For information in documentary form (e.g., paper or

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electronic documents, but excluding transcripts of

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depositions or other pretrial or trial proceedings), that the

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Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL

22

legend”), to each page that contains protected material. If

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only a portion or portions of the material on a page qualifies

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for protection, the Producing Party also must clearly

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identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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b.

A Party or Non-Party that makes original documents

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STIPULATED PROTECTIVE ORDER

1

available for inspection need not designate them for

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protection until after the inspecting Party has indicated

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which documents it would like copied and produced.

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During the inspection and before the designation, all of the

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material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has

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identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or

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portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL legend”

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to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for

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protection, the Producing Party also must clearly identify

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the protected portion(s) (e.g., by making appropriate

16

markings in the margins).

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c.

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Party identify the Disclosure or Discovery Material on the

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record, before the close of the deposition all protected

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testimony.

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d.

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for any other tangible items, that the Producing Party affix

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in a prominent place on the exterior of the container or

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containers in which the information is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the

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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

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STIPULATED PROTECTIVE ORDER

1

C.

Inadvertent Failure to Designate

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1.

If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for

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such material. Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.

8 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
9

A.

Timing of Challenges

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1.

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confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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B.

Any party or Non-Party may challenge a designation of

Meet and Confer

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1.

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under Local Rule 37.1 et seq.

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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

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1.

A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with

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this Action only for prosecuting, defending, or attempting to settle

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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

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must comply with the provisions of Section XIV below.

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2.

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Party at a location and in a secure manner that ensures that access

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is limited to the persons authorized under this Order.

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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

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the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of

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Record to whom it is reasonably necessary to disclose the

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information for this Action;

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b.

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Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action;

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c.

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whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A);

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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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

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STIPULATED PROTECTIVE ORDER

1

“Acknowledgment and Agreement to be Bound” attached

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as Exhibit A hereto;

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g.

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information or a custodian or other person who otherwise

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possessed or knew the information;

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h.

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witnesses, in the Action to whom disclosure is reasonably

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necessary provided: (i) the deposing party requests that the

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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

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confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound,” unless

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otherwise agreed by the Designating Party or ordered by the

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Court. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material may

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be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this

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Stipulated Protective Order; and

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i.

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personnel, mutually agreed upon by any of the parties

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engaged in settlement discussions.

Any mediator or settlement officer, and their supporting

22 IX.

PROTECTED

MATERIAL

SUBPOENAED

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PRODUCED IN OTHER LITIGATION

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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

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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

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3.

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pursued by the Designating Party whose Protected Material may

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be affected.

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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
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STIPULATED PROTECTIVE ORDER

1 confidential information, then the Party shall:
2

1.

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that some or all of the information requested is subject to a

4

confidentiality agreement with a Non-Party;

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2.

6

Protective Order in this Action, the relevant discovery request(s),

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and a reasonably specific description of the information requested;

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and

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3.

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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.
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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.

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modification by the Court in the future.

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B.

Nothing in this Order abridges the right of any person to seek its

Right to Assert Other Objections

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1.

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waives any right it otherwise would have to object to disclosing or

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producing any information or item on any ground not addressed

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in this Stipulated Protective Order. Similarly, no Party waives any

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right to object on any ground to use in evidence of any of the

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material covered by this Protective Order.

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C.

By stipulating to the entry of this Protective Order, no Party

Filing Protected Material

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1.

A Party that seeks to file under seal any Protected Material must

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comply with Civil Local Rule 79-5. Protected Material may only

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be filed under seal pursuant to a court order authorizing the sealing

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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.
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STIPULATED PROTECTIVE ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: November 9, 2023

LYNBERG & WATKINS
A Professional Corporation

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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

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DATED: November  2023

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LAW OFFICE OF JESUS EDUARDO
ARIAS
By: /S/ JESUS E. ARIAS
JESUS EDUARDO ARIAS
Attorneys for 3ODLQWLII, ESMERALDA
ELIZABETH ROQUE

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17 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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22 Dated: 11/13/2023
23

/s/ Autumn D. Spaeth
HON. AUTUMN D. SPAETH
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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3

I,

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[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

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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
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[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.

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24

Date:
City and State where sworn and signed:

25 Printed Name:
26 Signature:
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STIPULATED PROTECTIVE ORDER