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Lyall v. City Of Los Angeles

August 13, 2010

JAMES DUFF LYALL, JAVIER CORTEZ, D'ANGELO JONES, MAGNOLIA BECERRA, SASHA COSTANZA-CHOCK, JOSEPH HOLLIDAY, AND BENJAMIN WOOD, INDIVIDUALLY AND AS CLASS REPRESENTATIVES, PLAINTIFFS,
v.
CITY OF LOS ANGELES, A PUBLIC ENTITY; LOS ANGELES POLICE DEPARTMENT, A LOCAL GOVERNMENTAL ENTITY; WILLIAM BRATTON, CHIEF OF POLICE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; DAVID ROSS (#33632), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOHNNY CERVANTES (#27374), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; NICHOLAS CHO (#39259), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; ANGEL GUERRA (#31815), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JINHO KANG (#39151), INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; AND DOES 1 THROUGH 10, BOTH IN THEIR PERSONAL AND OFFICIAL CAPACITIES, DEFENDANTS.



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

PROTECTIVE ORDER REGARDING DISCLOSURE OF LAPD RECORDS DISCOVERY MATTER

Based on the proposed Stipulation Re: Discovery and Request for Protective ORDER, which was executed by plaintiffs and defendants, City of Los Angeles and the Los Angeles Police Department ("LAPD") and then filed on July 23, 2010, the terms of parties' proposed the Protective Order Regarding Disclosure of LAPD Records are adopted as an order of this Court.

The parties are expressly cautioned that the designation of any information, document, or thing as CONFIDENTIAL does not, in and of itself, create any entitlement to file such information, document, or thing, in whole or in part, under seal. Accordingly, reference to this Protective Order or to the partes' designation of any information, document, or thing as CONFIDENTIAL is wholly insufficient to warrant a filing under seal.

There is a strong presumption that the public has a right of access to judicial proceedings and records in civil cases. In connection with non-dispositive motions, good cause must be shown to support a filing under seal. The parties' mere designation of any information, document, or thing as CONFIDENTIAL does not -- without the submission of competent evidence, in the form of a declaration or declarations, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectible - constitute good cause.

Further, if sealing is requested in connection with a dispositive motion or trial, then compelling reasons, as opposed to good cause, for the sealing must be shown, and the relief sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each type of information, document, or thing sought to be filed under seal in connection with a dispositive motion or trial, the party seeking protection must articulate compelling reasons, supported by specific facts and legal justification, for the requested sealing order.

Again, competent evidence supporting the application to file documents under seal must be provided by declaration.

Any document that is not confidential, privileged, or otherwise protectible in its entirety will not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or otherwise protectible portions of the document, shall be filed. Any application that seeks to file documents under seal in their entirety should include an explanation of why redaction is not feasible.

A. ITEMS COVERED BY THIS PROTECTIVE ORDER

1. The protective order applies to the following:

a. The LAPD's internal investigation regarding the incident (IA Report 08-005785 and notes);

b. Recorded interviews of any LAPD officer, including but not limited to defendants Nicholas Cho and Johnny Cervantes;

c. TEAMS reports, complaint search results, and complaint histories; and, d. A current photograph of each City of Los Angeles agent or employee who was present at the time and place of the incident.

2. Should any party wish to stamp any of the above records as "CONFIDENTIAL" that party may not stamp the records in such a way as to cover any written portion of the records. ...


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