Nuila v. City of Los Angeles

          MICHAEL N. FEUER, City Attorney THOMAS H. PETERS, Chief Assistant City Attorney CORY M. BRENTE, Assistant City Attorney RENA M. SHAHANDEH, Deputy City Attorney Attorneys for Defendants CITY OF LOS ANGELES, JOSE VAZOUEZ, and EAKAWAT KANTANON

          [PROPOSED] PROTECTIVE ORDER

          HONORABLE PATRICK J. WALSH UNITED STATES MAGISTRATE JUDGE

         THE PARTIES HAVING STIPULATED TO THE FOLLOWING, this Court hereby orders as follows:

         1. The parties may designate as confidential the following:

[A] Any and all personnel complaints made against the Defendant Officers and provided to the Plaintiff during discovery;

[B] Any and all documents to which the parties agree in writing shall be kept confidential; all of which Defendants believe might contain information of a privileged, confidential, private or sensitive nature, by affixing to such document or writing a legend, such as "Confidential." "Confidential Documents, " "Confidential Material, " "Subject to Protective Order" or words of similar effect. This category of documents and writings so designated, and all information derived therefrom (hereinafter, collectively, "Confidential Information"), shall be treated in accordance with the terms of this stipulation.

         2. Confidential Information may be used by the persons receiving such information only for the purpose of this litigation.

         3. Subject to the further conditions imposed by this stipulation, Confidential Information may be disclosed only to the following persons:

(a) Counsel for the parties and to experts, investigators, paralegal assistants, office clerks, secretaries and other such personnel working under their supervision;

(b) Such other parties as may be agreed by written stipulation among the parties hereto.

         4. Prior to the disclosure of any Confidential Information to any person described in paragraph 3(a) or 3(b), counsel for the party that has received and seeks to use or disclose such Confidential Information shall first provide any such person with a copy of this stipulation, and shall cause him or her to execute, on a second copy which counsel shall thereafter serve on the other party the following acknowledgment:

"I understand that I am being given access to Confidential Information pursuant to the foregoing stipulation and order. I have read the Order and agree to be bound by its terms with respect to the handling, use and disclosure of such Confidential Information.

         5. Upon the final termination of this litigation, including any appeal pertaining thereto, all Confidential Information and all copies thereof shall be returned to the Defendants, except as to Court personnel. All Confidential Information disclosed to any person or party pursuant to any provision hereof also shall be returned to the Defendants.

         6. If any party who receives Confidential Information receives a subpoena or other request seeking Confidential Information, he, she or it shall immediately give written notice to the Defendants' counsel, identifying the Confidential Information sought and the time in which production or other disclosure is required, and shall object to the request or subpoena on the grounds of this stipulation so as to afford the Defendants an opportunity to obtain an order barring production or other disclosure, or to otherwise respond to the subpoena or other request for production or disclosure of Confidential Material. Other than objecting on the grounds of this stipulation, no party shall be obligated to seek an order barring production of Confidential Information, which obligation shall be borne by the ...