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Smith v. City of Anaheim

United States District Court, C.D. California

July 21, 2016

Daniel Smith, Plaintiff,
v.
City of Anaheim, a municipal entity, and DOES 1 through 10, inclusive, Defendant.

          KRISTIN A. PELLETIER, ACTING CITY ATTORNEY GREGG M. AUDET (SBN 158682), Attorneys for Defendant City of Anaheim

          Hon. Cormac J. Carney

          Douglas F. McCormick United States Magistrate Judge

          SECOND PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION

         Based on the stipulation of plaintiff Daniel Smith (“Plaintiff”), and defendant the City of Anaheim (“Defendant”), through their respective attorneys of record, the Court hereby enters the following protective order:

         1. This Protective Order applies to and governs the use of: (A) Law enforcement investigative reports and records concerning Plaintiff's prior interactions with law enforcement, which may contain personal contact information of third party witnesses and alleged crime victims, including but not limited to reports or memoranda prepared by the Anaheim Police Department (“APD”) or the Brea Police Department; (B) Law enforcement investigative reports and records concerning prior use of force by former Anaheim Police Officer Bruce Linn (the “Officer”) on occasions other than the shooting of Daniel Smith, including but not limited to reports or memoranda prepared by the APD or the Orange County District Attorney’s Office; and (C) Confidential police officer personnel and disciplinary materials maintained by the APD for the Officer. The Officer's personnel file may contain information regarding any complaints against the Officer, disciplinary charges, findings and actions, personal background and contact information, all of which has been generated or collected by the APD and thereafter maintained in confidence. Anaheim has invoked the official information privilege with respect to the information contained in these materials. The term "Confidential Information" shall mean and include the documents described above, any and all portions thereof, and all documents of whatever kind containing information set forth in or obtained from these documents.

         2. Plaintiff's counsel shall use the Confidential Information solely for the purposes of this litigation, and shall not disclose any portion of the Confidential Information to any other person, firm or corporation except:

a. Bona fide employees of counsel's law offices, and then only to the extent necessary to enable said persons to assist in litigation of this action;
b. Plaintiff, to the extent deemed necessary by counsel for the prosecution of this litigation
c. Expert witnesses employed by the parties to this action;
d. Consultants retained by the parties to this action; or
e. The Court.

         3. All persons described in paragraph 2 (a) through (d) above shall not disclose any portion of said Confidential Information and shall not use any information obtained therefrom except in conformance with the Protective Order and for purposes of this litigation. Any party who discloses Confidential Information to any person described in paragraph 2 (a) through (d) shall advise such person that said matters constitute Confidential Information which may be used only for the litigation of this action, and shall, prior to disclosure of the Confidential Information, have such person execute a written Understanding and Agreement to be bound by the parties' Stipulation for Protective Order in the form attached thereto.

         4. Any deposition testimony that encompasses or concerns Confidential Information shall be transcribed in a separate booklet that is marked on its cover “Confidential: Do Not Disclose Except By Court Order.” In addition, any documents containing Confidential Information that are submitted to the Court shall be filed or lodged in a sealed envelope marked "Confidential: Subject to Protective Order" in conformance with Local Rule 79-5.

         5. The attorneys for Plaintiff are directed to retain all copies of documents, notes, or summaries containing Confidential Information in their custody, possession and control and to take the necessary precautions to prevent persons not authorized as ...


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