United States District Court, C.D. California
MMZ, by and through her guardian ad litem JAZMIN ZARATE, as successor in interest to ERNESTO CANEPA, deceased and JAZMIN ZARATE, JUANA DIAZ, ERNESTO CANEPA ALVAREZ, individually, Plaintiffs,
v.
CITY OF SANTA ANA, CHRISTOPHER SHYNN, and DOES 1 through 10, inclusive, Defendants. AND ALL RELATED ACTIONS.
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
...