ALPHNIA BOONE, et al. Plaintiffs,
CITY OF LOS ANGELES, et al. Defendants.
CARLA WOEHRLE, Magistrate Judge.
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD, NOTICE IS HEREBY GIVEN THAT: Plaintiffs ALPHNIA BOONE and DILZIA NEWMAN (hereinafter collectively referred to as "Plaintiffs"), by and through their counsel of record, and Defendants CHARLIE BECK, KEVIN JOHNSTON, and HOWARD LU (hereinafter collectively referred to as "Defendants"), by and through their counsel of record, conferred regarding the discovery of documents and things in the above entitled case and stipulated and agreed that this case involves allegations by Plaintiffs of improper treatment based upon membership in one or more protected classes. Plaintiffs are seeking damages and Defendants must be allowed access to information necessary to verify and/or defend against certain, or all, of Plaintiffs' claims - many of which are related to Plaintiffs' status as homosexual minority women. Accordingly, Defendants have requested various categories of documents and information which may be inclusive of explicit and manifestly private details about Plaintiffs' romantic relationship with each other, as well as relationships with other women. Further, Defendants are a city and its current and former police department personnel. Certain rights to privacy and privileges afford protection to much of the information requested by Plaintiffs in discovery. However, Plaintiffs require access to the information to support their claims.
The parties have met and conferred and jointly contend that the disclosure of the "confidential material" is necessary prior to trial or prior to a finding by a judge that good cause exists for its admission, because unprotected disclosure of such information may potentially "poison the jury pool, " "affect jury service, " and/or cause or contribute to potentially adverse pre-trial publicity. Therefore, a protective order is necessary to prevent any party from disclosing the "confidential material" to the traditional media, internet, or "social media" and to limit the dissemination of the material to those with a true need to know.
As a result, confidential and/or privileged information included in personal, financial, professional and educational records may be relevant to this action.
Upon the foregoing reasons, the Court finds good cause exists to grant the following Protective Order the terms of which shall govern certain documents and things in this matter:
A. For purposes of this Order, Confidential Materials include, but are not limited to:
1. Personal Records, which include, but are not limited to, Plaintiffs' and Defendants' personal medical and mental health information and data, personal notes and diary entries.
2. Plaintiffs' and Defendants' and other police officer information (if ordered disclosed) Educational and Professional Records, which include, but are not limited to, the following:
Statements, Memoranda and/or Notes indicating educational performance;
Educational Evaluations and Narratives;
Statements, Records, Memoranda and/or Notes relating to professional performance, including background and hiring packages as well as performance evaluations;
Personnel, training and disciplinary records, including any prior and current internal affairs investigations and related documents, compelled statements, and any testimony before the Board of Rights as may be produced; and documents which are official information within LAPD and/or reflect the thought process of adjudicators, investigators, and/or evaluators concerning the investigation, adjudication, discipline, or proposed discipline imposed.
3. Plaintiffs' and Defendants' Financial Records, which include but are not limited to, personal financial information and data, employment records, payment records, income and ...