MARSHA JONES MOUTRIE, City Attorney, CAROL ANN ROHR, Deputy City Attorney, Bar No. 90012, Attorneys for Defendants CITY OF SANTA MONICA, ERIC PILLOR, MATTHEW RICE, SCOTT McGEE, LOUIS MARIONI, LOWELL WATSON, SCOTT McGOWAN, SGT. RUDY CAMERENA, and, TITTUS MENDEZ.
Thomas E. Beck, ESQ., Attorneys for Plaintiff, DOLAN CORTES.
STIPULATED PROTECTIVE ORDER; ORDER THEREON
PATRICK J. WALSH, Magistrate Judge.
Plaintiff DOLAN CORTES, and defendants CITY OF SANTA MONICA, OFFICERS SCOTT McGOWAN, LOWELL WATSON, LOUIS MARIONI, SCOTT McGEE, MATTHEW RICE, SGT. RUDY CAMARENA, DSO'S ERIC PILLORY and TITTUS MENDEZ hereby stipulate and agree as follows:
The defendants and/or plaintiff will disclose documents and/or discovery requests have or will be served that require Defendants and/or plaintiff to disclose confidential information. The following procedures shall be employed and the terms, conditions, and restrictions shall govern with respect to all applicable documents disclosed under Fed.R.Civ.P. 26(a)(1) and discovery propounded by any party to this case, including all summaries, copies, abstracts, extracts and/or other documents pertaining to this case and the information contained therein which shall be designated as CONFIDENTIAL, as well as any summaries, copies, abstracts, extracts and/or other documents derived in whole or in part from the material designated as CONFIDENTIAL (hereinafter "Confidential Material"):
(a) Any party or other person producing information in this case may, in good faith, designate information as CONFIDENTIAL. Confidential Material is any information produced in connection with this litigation that the producing party reasonably believes is information that has not been, and should not be, made public, and includes, but not limited to, confidential, private, medical or proprietary information, the disclosure of which would constitute either (1) an invasion of the privacy of any party or non-party to this action; (2) a potential for harm to the Santa Monica Police Department's internal investigatory system; and/or (3) a potential for harm to significant governmental interests. At the time of production or other disclosure of such CONFIDENTIAL information, the producing party or other person shall designate such material by placing the word or words CONFIDENTIAL or "Confidential Material subject to Protective Order" on each such document or other material, or if it is not possible to do so label the material, by means of such other designation as will identify the CONFIDENTIAL information with sufficient specificity to permit counsel to adhere to the provisions of this Protective Order.
(b) The designation of information as CONFIDENTIAL shall not be considered conclusive or binding on any party, and such designation may be contested by noticed motion at any time. However, unless and until an order of this Court sets aside a designation of CONFIDENTIAL, all documents and information so designated shall be treated as CONFIDENTIAL, pursuant to the terms of this Protective Order. If any party who receives CONFIDENTIAL information is served with a subpoena or other request seeking documents containing CONFIDENTIAL information, he/she shall immediately give written notice to counsel for the party that disclosed the CONFIDENTIAL information, identifying the CONFIDENTIAL information sought and the time in which production or other disclosure is required, and shall object to the request or subpoena on the grounds of this Order so as to afford the party that disclosed the CONFIDENTIAL information an opportunity to obtain an Order barring production or other disclosure, or to otherwise respond to the subpoena or other request for production or disclosure of documents containing CONFIDENTIAL information. In no event should production or disclosure be made without written approval by the party that disclosed the CONFIDENTIAL information unless required by Court order, of which the party disclosing the CONFIDENTIAL information has been given prior notice, arising from a motion to compel production or disclosure of documents containing CONFIDENTIAL information.
(c) Any CONFIDENTIAL information that is produced pursuant to this Stipulation may be produced only to counsel of record for the parties in this litigation. Counsel for any party who obtains any CONFIDENTIAL information from any other party shall protect it and its contents from all disclosure to anyone save the persons designated in this paragraph. CONFIDENTIAL material and information derived from CONFIDENTIAL material shall be used only as reasonably necessary for preparation of mediation briefs, arbitration briefs and/or trial of this action, including use at depositions and in support of motions as further set forth in this Stipulation, and, including any appeal or retrial, and shall not be used for any other purpose, including, without limitation, any other litigation or proceeding, or any business, or governmental purpose or function. Counsel of record may disclose CONFIDENTIAL information where necessary to the proper preparation for, and trial of, this case to:
(i) their employees, including paralegal, clerical and secretarial staff, as well as contract staff,
(ii) experts and consultants retained only for the purpose of aiding counsel of record in connection with counsel's preparation for trial, including the use at depositions, and in support of motions and Rule 26 Declarations;
(iii) individuals testifying under oath at deposition in this action;
(iv) a party, or officer, director or employee of a party to this action, deemed necessary by counsel to aid in the prosecution, defense or settlement of this action;
(v) the Court and members of its staff, including stenographic and other reporters; or
(vi) court reporters employed by counsel in this action.
(d) Each person identified in subparagraphs (i) through (vi) above, excluding the Court and its staff, shall, before s/he receives CONFIDENTIAL information, be provided by the person furnishing him with such information a copy of this order and agree in writing to be bound by its terms, and shall certify that s/he has carefully read the order and fully understands its terms. Such person also must consent in writing to be subject to the jurisdiction of this court with respect to any proceeding relating to enforcement of this order. An agreement incorporating these terms shall be prepared and agreed to by the parties and executed by the person before receiving the CONFIDENTIAL information. The executed agreement shall be made a part of the deposition transcript when it is executed by a deponent.
(e) Whenever any CONFIDENTIAL information is introduced or used at a deposition, those portions of the deposition that concern CONFIDENTIAL information (i) shall be conducted in such a way that only persons authorized by the Protective Order to have access to such matters are present; and (ii) shall be separately bound after transcription and marked as CONFIDENTIAL, and then shall be deemed to be subject to the terms of the Protective Order. For convenience, if a deposition transcript contains repeated references to CONFIDENTIAL material that cannot conveniently be ...