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Elijah M. Smith, Jr. Iii v. Elvin Valenzuela

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION


January 24, 2013

ELIJAH M. SMITH, JR. III
PETITIONER,
v.
ELVIN VALENZUELA, ACTING WARDEN, RESPONDENT.

The opinion of the court was delivered by: The Hon. David T. Bristow United States Magistrate Court Judge

[PROPOSED] PROTECTIVE ORDER

This Court enters the following Protective Order regarding (1) documents and materials from the CDCR; and (2) any reference to such documents in the parties' pleadings submitted to the Court:

1. This Court has ordered the production of select documents from the CDCR (Docket No. 60), which the CDCR contends are subject to 45 CFR 164.512(e). Such discovery shall be subject to this Protective Order and shall remain confidential and sealed.

2. All medical documents coming from the CDCR shall be submitted to the Court under seal in a manner reflecting their confidential nature and designed to ensure that the privileged material will not become part of the public record. Any pleading or other papers filed or lodged with the Court that contains or reveals the substantive content of the privileged matter shall be filed under seal, and shall include a separate caption page that includes the following confidentiality notice or its equivalent:

"TO BE FILED UNDER SEAL THIS PLEADING OR DOCUMENT CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO A PROTECTIVE ORDER AND IS NOT TO BE OPENED NOR ITS CONTENTS DISPLAYED OR DISCLOSED"

3. If privileged documents or documents containing privileged matters are filed with this Court, they shall be filed with the Clerk of this Court in sealed envelopes prominently marked with the caption of the case and the foregoing Confidentiality Notice. The Clerk of the Court is directed to maintain the confidentiality of any documents filed in accordance with the above. Insofar as reasonably feasible, only confidential portions of the filings shall be under seal; and the parties shall tailor their documents to limit, as much as is practicable, the quantity of material that is to be filed under seal. When a pleading or document contains only a limited amount of privileged content, a party may file a complete copy under seal and at the same time file on the public record an additional, redacted version of the document, blocking out the limited matter comprising the confidential portions.

IT IS SO ORDERED.

Presented by: /S/ Brian M. Pomerantz BRIAN M. POMERANTZ Deputy Federal Public Defender Counsel for Petitioner ELIJAH M. SMITH, JR. III

20130124

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