Lobaton v. City of San Diego
United States District Court, S.D. California
July 25, 2016
LUIS JESUS LOBATON, an individual; HEDY JULCA, an individual; DIEGO STEVEN LOBATON, an individual; and “B.C.” a minor, by and through his mother and guardian ad litem, Hedy Julca, Plaintiff,
v.
CITY OF SAN DIEGO, a municipal corporation; NATHAN PARGA, an individual; KELVIN LUJAN, an individual, SAM EULER, an individual; ALI BAKHSHI, an individual, and DOES 1 through 200, inclusive, Defendants.
ORDER GRANTING JOINT MOTION FOR PROTECTIVE ORDER [ECF
NO. 23]
DAVID
H. BARTICK United States Magistrate Judge.
On July
22, 2016, the parties filed a Joint Motion for Protective
Order. (ECF No. 23.) Good cause appearing IT IS HEREBY
ORDERED that the Joint Motion is GRANTED.[1] Accordingly,
pursuant to Federal Rule of Civil Procedure 26(c), the Court
enters the following Protective Order:
1.
Definitions of terms used in this Stipulated Protective Order
(“Protective Order”) are:
(a) “Proceeding” means the matter captioned
Luis Lobaton, et al. v. City of San Diego, et al.,
Case No. 15cv1416-GPC (DHB) in the United States District
Court for the Southern District of California.
(b) “Confidential” refers to: 1) the address,
telephone number, and drivers’ license number of any
law enforcement officer; 2) the name, address, telephone
number, drivers’ license number, photograph, or
likeness of any victim other than Plaintiffs herein; 3) the
private financial information, including social security
number, of any party or witness; 4) the private medical
information, including psychiatric or psychological
information, of any party or witness, except such medical
information as may be relevant to any propensities for
violence or history of violence of any police officer
involved in the arrest of any Plaintiff; 5) all training
materials, including written materials, photographs,
documents, and videos utilized by the City of San Diego and
the San Diego Police Department and/or its agents, employees,
and authorized representatives; 6) all patrol car location
data, including but not limited to, GPS data, AVL data,
and/or documents in the possession of the City of San Diego
and/or the San Diego Police Department that track and/or
identify the locations of each individual San Diego Police
Department patrol car; and 7) all documents which identify
the individual members of the San Diego Police Department
assigned to each patrol car.
(i) Such identifying Confidential Information may be redacted
ad initio by the producing party upon production of documents
containing such information to the requesting party.
(ii) The parties further agree that any internal-affairs
investigatory documents related to this case, any personnel
records of the involved police officers, and medical records
of the involved police officers relating to a history or
propensity of violence are by nature Confidential
Information.
(c) “Document” refers to any book, pamphlet,
periodical, letter, report, memorandum, notation, message,
telegram, cable, record, study, working paper, file, chart,
graph, photograph, film, index, tape, correspondence, record
of purchase or sale, contract, agreement, lease, invoice,
e-mail, electronic or other transcriptions or taping of
telephone or personal conversations or conferences, or any
and all other written, printed, typed, punched, taped,
filmed, or graphic matter, or tangible thing, however
produced or reproduced.
2.
After carefully evaluating each individual document and
determining in good faith that specific information contained
therein is confidential as defined in Paragraph 1 above,
those portions of the document containing such confidential
information may be designated as “Confidential”
by stamping or typing the designation on a page by page
basis. If there is an inadvertent production of documents
that bear pages containing an improper designation, those
pages may be redesignated by providing written notice to the
receiving party. Upon receiving such written notice, the
receiving party shall treat the document pages according to
the new designation.
3.
Deposition testimony or other testimony may be designated
“Confidential” either before the testimony is
given, at the time the testimony is given, or at any time
thereafter. The transcript and/or video recording of the
designated testimony shall be bound in a separate volume and
marked by the court reporter with the appropriate legend as
directed by the designating party.
4.
Documents containing information designated
“Confidential” shall not be disclosed or used for
any purpose other than the defense, prosecution, or
settlement of this Proceeding, unless all such confidential
information is redacted. The parties do not waive any
objections to the admissibility of any such documents
produced pursuant to this Stipulation and Order
5.
Unredacted “Confidential” documents may be seen
only by:
(a) this Court and its personnel;
(b) attorneys actively participating in the prosecution of
the case, persons employed or associated with such attorneys,
the parties themselves, expert witnesses retained and/or
consulted by the attorneys working on the case; the Court and
its employees; and stenographic reporters who are ...