PAUL B. BEACH, State Bar No. 166265, RAYMOND W. SAKAI, State Bar No. 193507, MATTHEW P. ALLEN, State Bar No. 265118, LAWRENCE BEACH ALLEN & CHOI, PC, Glendale, California, Attorneys for Defendants, County of Los Angeles, Deputy Joseph Ament, and Deputy Diego Andrade.
[PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION PRODUCED DURING DISCOVERY
[Stipulation for Protective Order filed concurrently herewith]
JOHN E. McDERMOTT, District Judge.
Having reviewed and considered the Parties' Stipulation for Protective Order, good cause showing therein, IT IS SO ORDERED:
5. Good Cause Statement and Confidential Materials. Defendants and Plaintiff have agreed that the below-listed documents shall be designated confidential documents and/or writings because Defendants believe, in good faith, that these documents and/or writings are protected by the Official Information Privilege or are otherwise privileged and confidential. This will be accomplished by affixing to such document or writing a legend, such as "Confidential", "Confidential Documents, " "Confidential Material Subject to Protective Order" or words of similar effect. Documents and writings so designated, hereinafter, collectively, "Confidential Information"), shall be treated in accordance with the terms of this stipulation/protective order. Documents, writings and things to be designated as such, include any Defendant's personnel file, as well as Los Angeles County Sheriff's Department ("LASD") Internal Affairs investigation documents including but not limited to, tape recorded interviews, compelled statements of peace officers, complainants, and other witnesses, supporting documentation, listings and transcripts and photographs; and other confidential documents that are not publically available.
6. Challenging Designation of Confidential Materials. At any time after receipt of documents labeled as Confidential Information, the Filing Parties may provide the Designating Parties with a written objection to the classification of specific documents as prohibited from disclosure under this Protective Order and the basis for the Filing Parties' objection. Upon receipt of such a written objection, the Designating Parties shall provide a written response to the Filing Parties within three business days. If the Designating Parties do not agree with the position of the Filing Parties, the Filing Parties shall have the option of proceeding with a discovery motion, pursuant to Local Rule 37 et. seq., contesting the confidential nature of the disputed documents. The parties shall comply with the meet and confer requirements of Local Rule 37 et. seq. prior to the filing of any such motion. The Designating Parties shall bear the burden of establishing the confidential nature of the disputed documents.
8. Confidential Information. This protective order shall apply to all Confidential Information, produced by Defendants to the Plaintiff, the Filing Party. The Confidential Information may be contained in originals and copies of relevant interrogatory responses obtained from Defendants in this matter; originals and copies of relevant documents responsive to the Plaintiff's requests for production of documents obtained from Defendants in this matter; and originals and copies of transcripts, video recordings, and audio recordings of any deposition taken in this matter during which the Confidential Information is used, mentioned, reviewed, discussed, or referred to. The Confidential Information shall be subject to this Protective Order as follows:
9. Storage Of Confidential Information. Immediately upon production by the Designating Party, attorneys for the Filing Party shall personally secure and maintain the Confidential Information in their possession. The Confidential Information shall not, under any circumstances, be left in an open or unsecured location where unauthorized persons (such as unauthorized employees of counsel, cleaning personnel, etc.) might have access to them.
10. Confidential Information Legend. All documents containing Confidential Information shall be stamped "CONFIDENTIAL" or ...