United States District Court, C.D. California
PROTECTIVE ORDER RE: DISCLOSURE OF CONFIDENTIAL
INFORMATION
HONORABLE ROZELLA A. OLIVER UNITED STATES MAGISTRATE JUDGE
Plaintiff
is seeking materials and information that Defendant City of
Los Angeles (“City”) maintains as confidential,
such as personnel files of the police officers involved in
this incident, Force Investigation Division materials and
information, Internal Affairs materials and information, and
other administrative materials and information currently in
the possession of the City and which the City believes need
special protection from public disclosure and from use for
any purpose other than prosecuting this litigation;
WHEREAS,
Plaintiff is also seeking official information contained in
the personnel files of the involved police officers, LAPD
Officers, which the City maintains as strictly confidential
and which the City believes need special protection from
public disclosure and from use for any purpose other than
prosecuting this litigation; WHEREAS, the City asserts that
the confidentiality of the materials and information sought
by Plaintiff is recognized by California and federal law, as
evidenced inter alia by California Penal
Code section 832.7 and Kerr v. United States Dist.
Ct. for N.D. Cal, 511 F.2d 192, 198 (9th Cir. 1975),
affd, 426 U.S. 394 (1976);
WHEREAS,
the City has not publicly released the materials and
information referenced above except under protective order or
pursuant to court order, if at all;
WHEREAS,
the City contends these materials and information are of the
type that has been used to initiate disciplinary action
against Los Angeles Police Department (“LAPD”)
officers, and has been used as evidence in disciplinary
proceedings, where the officers’ conduct was considered
to be contrary to LAPD policy;
WHEREAS,
the City contends that absent a protective order delineating
the responsibilities of nondisclosure on the part of the
parties hereto, there is a specific risk of unnecessary and
undue disclosure by one or more of the many attorneys,
secretaries, law clerks, paralegals and expert witnesses
involved in this case, as well as the corollary risk of
embarrassment, harassment and professional and legal harm on
the part of the LAPD officers referenced in the materials and
information; WHEREAS, the City contends that the unfettered
disclosure of the materials and information, absent a
protective order, would allow the media to share this
information with potential jurors in the area, impacting the
rights of the City herein to receive a fair trial.
ORDER
ON STIPULATION
The
Court, having found good cause, Orders as follows:
1.
Defendants (hereinafter “Disclosing Party(ies)”)
may designate as confidential any personnel files, videos,
Internal Affairs materials or any other materials or writing
that they, in good faith, believe is protected from
disclosure within the meaning of FRCivP 26(g), in that they
believe the material contains confidential or private
information. Such materials may be classified as subject to
this protective order by marking the material, each document
or writing with a watermark that includes words such as
“Confidential, ” “Confidential Documents,
” “Confidential Material, ” “Subject
to Protective Order, ” or words of a similar effect,
and that includes the case name and case number. Materials
and writings so designated, and all privileged information
derived therefrom [hereinafter collectively referred to as
“Confidential Material”], shall be treated in
accordance with the terms of this Order. In making this
designation, the Disclosing Parties are also representing
that no portion of the materials is segregable and,
therefore, subject to production without restriction as
“Confidential.”
2.
Confidential Material may be used by the persons receiving
such information [hereinafter “Receiving
Party(ies)”] only for the purpose of litigation of this
case, and for such other purposes as permitted by law.
3. This
Order applies not only to the Confidential Material, but also
to (1) any information copied or extracted from the
Confidential Material; (2) all copies, excerpts, summaries or
compilations of Confidential Material; and (3) any testimony,
conversations, or presentations by Receiving Parties that
might reveal Confidential Material.
4. The
Confidential Material may only be disclosed to the Court and
to the following “qualified” persons:
(a) Counsel of record for the parties to this civil
litigation;
(b) Defendants City of Los Angeles and Los Angeles Police
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