MMZ v. City of Santa Ana

          PROTECTIVE ORDER RE COURT ORDERED PRODUCTION

          Hon. Douglas F. McCormick, United States District Court Magistrate Judge.

         IT IS HEREBY ORDERED, following stipulation of counsel, that:

         1. On June 13, 2016, plaintiffs filed a motion to compel production of documents responsive to certain of their Requests for Production of Documents propounded on the City of Santa Ana, including items related to internal investigations and the personnel file of Defendant Santa Ana Police Department (“SAPD”) Officer Christopher Shynn (the “Confidential Documents”). See Pl’s MTC, Doc. 52.

         2. On July 6, 2016, Magistrate Judge Douglas F. McCormick issued an order on the motion, which ordered the City of Santa Ana to produce certain documents requested by the plaintiffs subject to entry of a stipulated protective order. See 7/6/16 Order (Doc. 55). In addition, the Court held that the City produce such documents after redacting the personal information of Officer Shynn. See id.

         3. All documents produced by the City of Santa Ana that comprise the Confidential Documents may be clearly designated as “CONFIDENTIAL” and be placed in an envelope labeled as such prior to the disclosure. The “CONFIDENTIAL” designation shall be placed on the printed pages of the Confidential Documents in a manner that does not overwrite or make illegible the text of the document.

         4. Each person receiving any of the Confidential Documents shall not disclose to any person or entity, in any manner, including orally, any of the Confidential Documents or any of the information contained therein, except when used for purposes of this litigation pursuant to this protective order.

         5. The Confidential Documents and all information contained therein, may only be disclosed to the following “qualified” persons:

(a) Counsel of record for the parties to this civil litigation;

(b) Defendant City of Santa Ana and its employees, including, but not limited to Officer Christopher Shynn,

(c) Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in subparagraph (a); and, investigators, expert witnesses and other persons legitimately involved in litigation-related activities for the counsel of record; and

(d) Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action.

(e) With the exception of the Court and court personnel (who are subject only to the Court’s internal procedures regarding the handling of material filed or lodged, including material filed or lodged under seal), all persons receiving a copy of the Confidential Documents shall, before receiving such protected information, be given a copy of this Protective Order and execute a compliance agreement wherein it is agreed that the recipient shall abide by all terms of this order and shall be bound by the terms of this order. It shall be the responsibility of the respective attorneys to distribute compliance agreements, and then collect and maintain custody of the executed originals of the compliance agreements.

         6. To the extent any portion of the Confidential Documents contains an audio recording, transcript and/or summary of a statement and/or report given to SAPD by an independent witness who does not fall within one of the categories described in Paragraph 3 above, that selected portion of the Confidential Documents may be provided to the particular witness to which it pertains.

         7. The Confidential Documents may be disclosed to the Court and court personnel, in connection with this litigation. Portions of the Confidential Documents that a party intends to use in support of or in opposition to a pre-trial filing with the Court must be filed in accordance with the Central District of California Local Rules relating to under seal filings, including Local Rule 79-5. Counsel intending to use documents from Confidential Documents must both (a) apply to submit unredacted documents containing any portion of the ...