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 FOR PRODUCTION OF
ORANGE COUNTY DISTRICT ATTORNEY
INVESTIGATION REPORT
Hon.
Douglas F. McCormick, United States District Court Magistrate
Judge.
IT IS
HEREBY ORDERED, following stipulation of counsel, that:
1. In
or about January 2016, the office of the Orange County
District Attorney (“OCDA”) completed its
investigation report concerning the investigation into the
officer involved shooting that is at issue in these
consolidated lawsuits. This report contains numerous police
reports, audio and transcribed statements of Santa Ana Police
Department (“SAPD”) police offers (including
Officer Christopher Shynn), witness statements, reports of
evidence analysis prepared by the Orange County Crime Lab,
autopsy reports, medical records of decedent Ernesto Canepa,
the criminal history index of decedent, the SAPD reports that
pertain to this incident, among other items (collectively,
“OCDA Report”).
2. All
documents produced by the City of Santa Ana that compromise
the OCDA Report will 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 OCDA Report in a manner that does not
overwrite or make illegible the text of the document.
3. Each
person receiving any of the OCDA Report shall not disclose to
any person or entity, in any manner, including orally, any of
the OCDA Report or any of the information contained therein,
except when used for purposes of this litigation pursuant to
this protective order.
4. The
OCDA Report 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) Plaintiffs to these consolidated actions, and 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 OCDA Report shall, before receiving such
protected information, be given a copy of this Protective
Order and a compliance agreement (in the form attached hereto
as Exhibit “A”) and shall execute the compliance
agreement, and return the original of the compliance
agreement to the attorney who gives him/her the protected
information. 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.
5. To
the extent any portion of the OCDA Report contains an audio
recording, transcript and/or summary of a statement and/or
report given to the OCDA by an independent witness who does
not fall within one of the categories described in Paragraph
3 above, that selected portion of the OCDA Report may be
provided to the particular witness to which it pertains.
6. The
OCDA Report may be disclosed to the Court and court
personnel, in connection with this litigation. Portions of
the OCDA Report 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 OCDA
Report must both (a) apply to submit unredacted documents
containing any portion of the OCDA Report under seal and (b)
file public versions of the same documents with the
information from the OCDA Report redacted.
7. In
the event this matter proceeds to trial, to the extent that
any of the OCDA Report is offered into evidence, those
documents will become public, unless sufficient ...