United States District Court, C.D. California, Western Division
ANDRÉ BIROTTE JR. United States Attorney LEON W. WEIDMAN Assistant United States Attorney Chief, Civil Division KEITH M. STAUB Assistant United States Attorney Los Angeles, California Attorneys for Defendant UNITED STATES OF AMERICA
PROTECTIVE ORDER BASED UPON THE STIPULATION OF THE PARTIES
ALICIA G. ROSENBERG, Magistrate Judge.
Pursuant to the provisions of Rule 26(c) of the Federal Rules of Civil Procedure, the Court enters this Protective Order upon the joint stipulation of the parties, filed herein, and it appearing to the Court that such order should be issued, therefore,
IT IS HEREBY ORDERED THAT:
Defendants are permitted to produce 1) Plaintiff's medical and psychiatric records; 2) portions of Plaintiff's Central File; 3) Plaintiff's administrative remedies; 4) Position Descriptions; 5) Plaintiff's SENTRY printouts; 6) Plaintiff's "Clearance and Separatee Data" SENTRY printouts; 7) Disciplinary Hearing records; 8) Incident Reports; 9) Memoranda by Defendant Magana dated December 16, 2008, February 18, 2009, and February 23, 2009, 10) OIA Conclusion, 11) memorandum from E. Gonzalez, 12) Tort Claim records, and 11) BOP rosters (Hereinafter the aforementioned items are collectively referred to as the "Protected Information").
The parties may at any time, by separate written stipulation, add additional documents or materials to the defined "Protected Information."
The Protected Information documents will be redacted prior to disclosure to remove 1) the names of non parties referred to therein, 2) personal data identifiers contained therein (if any) such as social security numbers, birth dates, FBI numbers, financial account numbers, and home addresses, 3) photographs of BOP personnel, and 4) financial data (if any) for parties and nonparties, such as wage and property records.
The Protected Information shall be used by the parties, counsel, experts, consultants and witnesses only for the purpose of this litigation, and not for any other purpose whatsoever.
The Protected Information, and/or contents thereof, shall be disclosed only to:
1. counsel of record for the parties;
2. plaintiff and defendants (who were not already in possession of such documents), provided that they shall agree to be bound by the terms of this Order and shall execute a confidentiality agreement in the form attached hereto as Exhibit A;
3. expert consultants/witnesses, who are retained or consulted by the parties for the purposes of providing testimony or performing other services relating to this action, provided that they shall agree to be bound by the terms of this Order and shall execute a confidentiality agreement in the form attached hereto as Exhibit A; or
4. non expert witnesses to this action, but only to the extent that disclosure is necessary to question a witness or prepare a witness to be questioned by another party; provided that they shall agree to be bound by the terms of this Order and shall execute a confidentiality agreement in the form attached hereto as Exhibit A. Said non expert witnesses shall be permitted to review the Protected Information in the presence of counsel, but shall not be given a copy thereof to retain.
All documents, pleadings, or transcripts of deposition testimony filed in this litigation, including any appeal, that contain, or disclose the contents of the Protected Information shall be submitted under seal ...