United States District Court, C.D. California
CRYSTAL SMITH, an individual; VICTOR VIRAMONTES, an individual, Plaintiffs,
CITY OF LONG BEACH, and DOES 1-10, Inclusive, Defendants.
PROTECTIVE ORDER [CHANGES MADE BY COURT]
Honorable Jacqueline Chooljian United States Magistrate
considered the Joint Stipulation of the parties through their
representative counsel of record to the entry of a protective
order which was submitted concurrently, the court hereby
issues the following protective order.
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential, proprietary, or private information for which
special protection from public disclosure and from use for
any purpose other than prosecuting this litigation may be
warranted. Accordingly, the parties hereby stipulate to and
petition the Court to enter the following Protective Order.
The parties acknowledge that this Order does not confer
blanket protections on all disclosures or responses to
discovery and that the protection it affords from public
disclosure and use extends only to the limited information or
items that are entitled to confidential treatment under the
applicable legal principles. The parties further acknowledge,
as set forth in Section 12.3, below, that this Protective
Order does not entitle them to file confidential information
under seal; Civil Local Rule 79-5 sets for the procedures
that must be followed and the standards that will be applied
when a party seeks permission from the court to file material
GOOD CAUSE STATEMENT
light of the nature of the claims and allegations in this
case and the parties’ representations that discovery in
this case will involve the production of confidential
records, and in order to expedite the flow of information, to
facilitate the prompt resolution of disputes over
confidentiality of discovery materials, to adequately protect
information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonable necessary
uses of such material in connection with this action, to
address their handling of such material at the end of the
litigation, and to serve the ends of justice, a protective
order for such information is justified in this matter. The
parties shall not designate any information/documents as
confidential without a good faith belief that such
information/documents have been maintained in a confidential,
non-public manner, and that there is good cause or a
compelling reason why it should not be part of the public
record of this case.
Action: this instant action: Crystal Smith, et al.
v. City of Long Beach, et al., 2:15-cv-07807- RGK(JCx).
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement.
Counsel: Outside Counsel of Record and House Counsel
(as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this Action.
House Counsel: attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm that has appeared on behalf of that party,
including support staff.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Stipulation and Order cover not
only Protected Material (as defined above), but also (1) any
information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or
presentations by Parties or their counsel that might reveal
Protected Material other than during a court hearing or at
of Protected Material during a court hearing or at trial
shall be governed by the orders of the presiding judge. This
Order does not govern the use of Protected Material during a
court hearing or at trial.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this Action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews ...