Thomas C. Hurrell, State Bar No. 119876 Amie S. Park, State Bar No. 273346 HURRELL CANTRALL LLP, Los Angeles, California, Attorneys for Defendants, COUNTY OF LOS ANGELES, JOSEPH JAKL, and MARCELO SEPULVEDA.
[PROPOSED] PROTECTIVE ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL INFORMATION PRODUCED DURING DISCOVERY
RALPH ZAREFSKY, Magistrate Judge.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
After full consideration of the stipulation by the parties for a Protective Order, and FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that:
1. The information contained in the information and/or documents the parties may disclose and/or produce pursuant to FRCP 26 and during the course of discovery, contains private and confidential information.
2. Defendant MIGUEL SANCHEZ, defendant COUNTY OF LOS ANGELES ("COLA") and Deputy MARCELO SEPULVEDA (collectively "defendants") will produce documents and information as required by the Initial Disclosures and responsive discovery requests, but only under the strict circumstances and limitations of this Stipulated Protective Order (hereinafter "Protective Order") where said documents and information are kept confidential and private and with assurances that said documents and information shall not be produced, copied, or disseminated to any person or entity unless authorized by this Protective Order.
3. GOOD CAUSE STATEMENT: Good cause exists for entry of this Order. As defendants, they may produce, among other things, third party private and confidential information, investigation files -1 including but not limited to, incident reports, witness statements, policies and procedures, and any official information documents produced to plaintiff during the course of discovery in this litigation and any subsequent reproduction thereof, as well as private information of COLA and Los Angeles Police Department ("LAPD") employees. Disclosure of such information would be invasive of the privacy of third parties and COLA and LAPD personnel which could pose a serious risk to their personal safety and well-being. Additionally, these materials include sensitive law enforcement information. Limiting disclosure of these documents to the context of this litigation as provided herein will, accordingly, further important law-enforcement objectives and interests, including safety of personnel and the public.
4. The documents identified in ¶3, which defendants believe in good faith constitute or embody confidential information, and/or other materials that are entitled to privileges and/or protections against discovery or disclosure by the United States Constitution, First Amendment; the California Constitution, Article I, Section 1; California Penal Code Sections 832.5, 832.7 and 832.8; California Evidence Code Sections 1040 and 1043 et. seq; the Official Information Privilege; the Privacy Act of 1974, 5 U.S.C. § 552a; the right to privacy; and decisional law relating to such provisions, which matter is not generally known and which defendants would not voluntarily reveal to third parties and therefore is entitled to heightened protection from disclosure, are to be designated as "confidential material."
5. Confidential material shall be used solely in connection with the preparation and trial of the within case, Samaan v. County of Los Angeles, et al. Case No. CV 13-5724 MWF (RZx), or any related appellate proceeding and not for any other purpose, including any other litigation.
6. Material designated as "confidential" under this Protective Order, as well as the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "confidential material" or "confidential information") shall be used solely for the purpose of litigating this action, and for no other action or purpose.
7. Confidential material may not be disclosed except as provided in paragraph 8.
8. Confidential material may be disclosed only to the following persons:
(a) Counsel for any party, and any party to this litigation;
(b) Paralegal, stenographic, clerical and secretarial personnel regularly employed by ...