The opinion of the court was delivered by: Honorable Robert N. Block, Magistrate Judge United States District Court
Hon. Virginia A. Phillips Courtroom 2 (Riverside) Hon. Robert N. Block, Courtroom 6D (Santa Ana)
[PROPOSED] PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL INFORMATION (SERGEANT JEANNE HARRIS) DISCOVERY CUT-OFF: February 1, 2010 P.T.C. & TRIAL: None Set
Pursuant to the Parties' Stipulation for Protective Order in response to the Court's order of November 12, 2009.
A. Defendants stipulate they will not call Los Angeles Police Department ("LAPD" or "Department") Sergeant Jeanne Harris ("Sergeant Harris") to testify at the time of trial in both matters, including as a rebuttal witness. Sergeant Harris, while assigned to the Los Angeles Police Department's Professional Standards Bureau, was involved in the Internal Affairs investigations relating to Plaintiff Jane Doe's arrest on February 28, 2005 and Plaintiff Christian Curry's arrest on January 14, 2006;
B. Defendants will produce a copy of the Internal Affairs Report involving the February 28, 2005 arrest of Plaintiff Jane Doe pursuant to the terms of a protective order issued by the Court;
C. Defendants will produce a copy of the Internal Affairs Report involving the January 14, 2006 arrest of Plaintiff Christian Curry pursuant to the terms of a protective order issued by the Court;
D. Plaintiffs Jane Doe and Christian Curry will not take the deposition of Sergeant Harris and said Plaintiffs will not make any further attempts to take the deposition of Sergeant Harris pursuant to the Federal Rules of Civil Procedure, including but not limited to Rules 26, 30, and 37. Additionally, Plaintiffs will not make any further attempts to conduct discovery regarding Sergeant Harris;
E. If Plaintiffs wish to obtain any available recorded statement from the above-referenced Internal Affairs reports, Plaintiffs shall provide payment to the Los Angeles Police Department in advance thereof. The cost of the statements will be provided to Plaintiff in separate correspondence. Any such statement which is produced shall be subject to the terms of a protective order issued by the Court.
Since the documents (and possibly recorded statements) to be produced pursuant to this Stipulation are confidential in nature, the following Good Cause Statement is included herein:
1. In accordance with the above-referenced agreement, the City of Los Angeles has agreed to produce copies of the following documents following the issuance of a protective order in this matter:
a) The LAPD's Internal Affairs Investigation Report (and the attached addenda) relating to the arrest of Plaintiff Jane Doe on February 28, 2005; and,
b) The LAPD's Internal Affairs Investigation Report (and attached addenda) relating Plaintiff Christian Curry's arrest on January 14, 2006
2. The Los Angeles Police Department conducts internal administrative investigations of Officer Involved Uses of Force and Complaint Investigations (hereinafter "Administrative Investigations") and also maintains a personnel file on its officers which includes personnel training information. Once an Administrative Investigation is initiated, a formal investigation number is prepared. Such investigations are reviewed by appropriate command officers in the Department. This review has several purposes: (1) to determine whether the involved officers violated any Department policies or procedures; (2) to determine whether administrative discipline and/or retraining of the involved officers is necessary; and (3) to ascertain if police policies and procedures in such areas as supervision, training, tactics, policies, etc. should ...