The opinion of the court was delivered by: Honorable Carla Woehrle District Court Magistrate Judge
[Assigned to Hon. Philip S. Gutierrez, Courtroom 880]
Complaint Filed: 11/19/10
The Parties' Stipulation and [Proposed] Protective Order have come before this Court.
The Court hereby grants the Parties' Stipulation for Protective Order precluding publication and limiting the use of documents and information identified herein which contain confidential and privileged information:
1. Information contained in the personnel files of DEPUTY F. ENRIQUEZ, DEPUTY JAVIER MARTINEZ, DET. S. KALASSAY, and LT. CHRIS BRANUELAS, including citizen's complaints and/or complaints initiated by other law enforcement personnel, within the last ten years which assert any of the following allegations: false arrest; improper detention; fabrication of false police reports; perjury; or planted evidence.
2. Good cause exists for issuance of a protective order pursuant to Federal Rule of Civil Procedure Rule 26(c) to facilitate the production of documents and information responsive to the discovery requests of Plaintiffs TATIANA LOPEZ, MIGUEL AMARILLAS (hereinafter "PLAINTIFFS") and to balance the privacy interests and protection of information of DEPUTY F. ENRIQUEZ, DEPUTY JAVIER MARTINEZ, DET. S. KALASSAY, and LT. CHRIS BRANUELAS that is protected by California Evidence Code §§ 1040 et seq. and the official information privilege (Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990)).
IT IS FURTHER STIPULATED THAT: 3. The information and/or documentation referred to in paragraph 1 above will be referred to collectively as the "CONFIDENTIAL INFORMATION." The Court orders that the CONFIDENTIAL INFORMATION be released to PLAINTIFFS' counsel for purposes of litigation in this matter. The parties and their respective counsel hereby stipulate that the CONFIDENTIAL INFORMATION shall be used in this litigation as follows:
a. CONFIDENTIAL INFORMATION and the information contained therein shall be used solely in connection with this litigation and the preparation of this case, or any related appellate proceeding, and not for any other purpose, including any other litigation or administrative proceedings. Further, PLAINTIFFS' Counsel agrees that CONFIDENTIAL INFORMATION and the information contained therein shall not be disclosed to his client's family;
b. CONFIDENTIAL INFORMATION produced in this action may be designated by DEFENDANTS by marking each page of the document(s) with a stamp stating "CONFIDENTIAL";
c. Under no circumstances shall the CONFIDENTIAL INFORMATION, or the information contained therein, be retained, compiled, stored, used as a database, or disseminated, in any form, except for purposes of this litigated matter in accordance with this Protective Order or by further order of the Court;
d. DEFENDANTS reserve all objections, including but not limited to the following objections: on grounds that particular documents are CONFIDENTIAL by the attorney-client and/or the attorney work product doctrine; official information privilege; are not likely to lead to the discovery of admissible evidence, and as such are not relevant to the causes of action raised by this lawsuit under Federal Rules of Civil Procedure, Rule 26(a)(1)(A)(B); and all remedies under the code, including the right to recess the deposition to bring a protective order before the Court;
e. PLAINTIFFS reserve all rights and remedies under the Federal Rules of Civil Procedure and the Federal Rules of ...