United States District Court, C.D. California
GREGORY M. BERGMAN, MICHELEM. GOLDSMITH, ELINA ANTONIOU,
BERGMAN DACEY GOLDSMITH, Attorneys for Defendant, CITY OF
INGLEWOOD
[PROPSED] PROTECTIVE ORDER RE
LIMITED USE OF INFORMATION/ DOCUMENTS PRODUCED IN
DISCOVERY
HONORABLE PATRICK J. WALSH U.S. MAGISTRATE JUDGE
After
consideration of the written stipulation of counsel, the
Court hereby makes the following order:
1.
Dissemination or use of the documents or the information
contained in the documents or items produced or to be
produced by the Defendant in response to Plaintiffs Request
for Production of Document would cause Defendant annoyance,
embarrassment, oppression, or undue burden or expense, and
for that reason, pursuant to Federal Rules of Civil
Procedure, Rule 26(c), this Protective Order protects such
documents, as well as information derived therefrom
(collectively, "Protected Information"), from
dissemination or use outside of the instant litigation.
2. All
Protected Information produced shall be marked
"PROTECTED." If the first page of any multi-page
document bears this legend, then the entire document is
deemed protected, unless otherwise indicated by the producing
party. The stamping of the legend "PROTECTED" is
for identification purposes only, and in the event that a
document produced is inadvertently not stamped with the
legend "PROTECTED, " such document is still subject
to the provisions of this Protective Order.
3. All
Protected Information produced in accordance with the
Protective Order shall not be used other than the instant
case. It shall not be used in any other case, forum,
proceeding, or for any other purpose other than the conduct
of the instant litigation. Protected Information produced in
connection with this Protective Order shall not be disclosed,
disseminated, or in any manner provided to the media or any
member of the public, unless the Court has ruled that the
Protected Information may be divulged to the media and the
public. Nor shall the Protected Information be disseminated
in any form, to any person, except by court order, or until
such time as the "PROTECTED" designation is removed
by agreement of counsel for the parties or by further order
of this Court.
4.
Those individuals authorized to review the Protected
Information in connection with this litigation are expressly
prohibited from duplicating, copying or otherwise
distributing, disseminating, or orally disclosing any of the
disclosed Protected Information for any purpose to any person
or entity not permitted access herein.
5.
Protected Information shall be viewed only by: (1) the Court
and its staff; (2) counsel of record for the parties and
their staff, (3) the parties to the action, including
Defendant's designated representatives, (4) witnesses
other than the parties may review any statement made by that
witness, reports containing, referencing or repeating that
witness's statements, and evidentiary and other items
referenced in their statements or reports of their
statements, so long as that witness has agreed in writing in
advance of any disclosure of Protected Information to be
bound by this Protective Order, (5) independent experts and
consultants retained by parties, and (6) any associates,
assistants, and secretarial personnel of such experts,
consultants and other persons designated by agreement of
counsel for the parties, and so long as they have agreed in
writing in advance of any disclosure of Protected Information
to be bound by this Protective Order. In the event an
individual does not consent to be bound by this Protective
Order, no disclosure of Protected Information will be made to
such individual. The Court and its staff may review all
matters, which pertain to the discussion of the Protected
Information, including law and motion matters, consistent
with this Protective Order in respect to the Protected
Information.
6. In
the event that any Protected Information is used or referred
to during the course of any court proceeding in this action,
such Protected Information shall not lose its protected
status through such use.
7.
Counsel for each party shall take reasonable precautions to
prevent the unauthorized or inadvertent disclosure of
Protected Information.
8. In
the event that the terms of this Protective Order are
violated, the parties agree that the aggrieved party may
immediately apply to this Court to obtain injunctive relief
and sanctions against any person violating any of the terms
of this Protective Order. This Court shall retain
jurisdiction over the parties for the purpose of enforcing
this Protective Order, and the Court shall have the power to
modify this Protective Order at any time and to impose
whatever penalties it deems appropriate for the violation of
this Protective Order. Any such request for injunctive relief
and/or monetary sanctions must be made by a properly noticed
motion and pursuant to statute.
9. This
Protective Order, and the obligations of all persons
thereunder, including those relating to the disclosure and
use of Protected Information, shall survive the final
termination of this case, whether such termination is by
settlement, judgment, dismissal, appeal or otherwise, until
further order of the court.
10. The
parties will preserve all Protected Information and copies
thereof, and will return them to Defendant when this
litigation is concluded, unless another method is expressly
agreed to in writing.
11. The
Parties and all signatories to the Stipulation submitted
herewith, agree to be bound by this Stipulation and
Protective Order pending its approval and entry by the Court.
In the event that the Court modifies this Protective Order,
or in the event that the Court enters a different Protective
Order, the Parties agree to be bound by ...