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Tolbert v. City of Los Angeles

December 30, 2008

VICKI TOLBERT, AN INDIVIDUAL; I. B., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, VICKI TOLBERT; J. B., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, VICKI TOLBERT, PLAINTIFFS
v.
CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT, L.A.P.D. OFFICER DILWORTH (#37076), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, L.A.P.D. OFFICER R. MAYTUR (#37190), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, L.A.P.D. OFFICER T. O'GORMAN (#22860), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, L.A.P.D. DETECTIVE D. MAUK (#21917), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, L.A.P.D. DETECTIVE SOKARDA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, LATRIECE WILIAMS, AN INDIVIDUAL, AND DOES 1-50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Margaret A. Nagle United States Magistrate Judge

(PROPOSED) PROTECTIVE ORDER

Assigned to the Honorable Florence Marie Cooper

In lieu of engaging in the Joint Stipulation process relating to medical records, including mental health records relating to Plaintiff Vicki Tolbert and minors I.B. and J.B. the parties wish to permit third party medical providers including King Drew, Augustus Hawkins Medical Center, Watts Health Clinic and Charles Drew Development Center, the parties desire to allow the documents to be provided and have them subject to an order of protection permitting their use in this case and if they need to be filed with the court, that the filing be done under seal. Therefore, the parties submit the following (Proposed) Protective Order for the court's consideration.

IT IS HEREBY ORDERED that:

1. The "Confidential Material" which is the subject of the protective order shall include, documents constituting medical and mental health evaluation and treatment records of Plaintiffs Vicki Tolbert, I.B. and J.B., minors, which are to be maintained with an expectation of confidentiality;

2. Personal confidential information such as home address, Social Security number, financial information, family information, and unrelated medical information may be, but is not required to be, redacted from any documents produced.

3. This Protective Order shall protect from unauthorized disclosure documents, things, or other information (Confidential Material as defined in Paragraph No. 1, above) produced by the parties in this action or obtained during discovery from third parties. In an effort to maintain the confidentiality of the information the following shall apply:

4. Confidential Material shall be classified as confidential and parties may affix by stamping/watermarking copies with "CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER (or similar terminology)" including the case name and number one time only on the document in a manner that will not obscure the content of the document. Stamping "CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER" on the cover of a multiple page document shall classify all pages of the document as confidential, unless otherwise indicated by the parties. Other unambiguous written notice that material is being classified as confidential also shall be sufficient.

5. Immediately upon production of the Confidential Material, counsel shall personally secure and maintain said material in his possession. Counsel shall not cause or knowingly permit disclosure to any person or entity of the contents of the Confidential Material in any manner, including orally, any statement or information, or portions thereof, beyond the disclosure permitted under the terms and conditions of this Order.

6. The Confidential Material shall be used only for the purpose of prosecution, including any appeal, and settlement of this action. No person to whom Confidential Material is disclosed shall cause or permit it to be used for any other purpose.

7. Any copies, summaries, abstracts, noted, extracts of the contents or other documents derived form the Confidential Material are protected under this Order, and shall be treated in the manner set forth in Paragraph No. 9 below.

8. Production of Confidential Material shall be made solely to counsel or counsel formally associated in the case, and experts as needed, and their representatives in this action. No counsel may disseminate the information to any person or entity, for any purpose, absent a prior court order, except that Confidential Material may be provided to a retained expert actively assisting counsel in the investigation of this action and/or the names and addresses may be provided to an investigator hired by counsel for the purposes of obtaining witness statement and/or serving said witnesses with deposition and/or trial subpoenas.

9. In the event counsel finds it necessary to employ such experts and/or investigators, prior to the disclosure of any Confidential Material, any attorney shall first cause the substance of this Order to be communicated to any such person and provide him or her with a copy of this Order.

All parties agree that if a person is provided with Confidential Material and should this person's identity become disclosed via their execution of the confidentiality provision of this protective order, and said person is not designated as an expert in this matter, the ...


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