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Quintanilla v. City of Santa Ana

United States District Court, C.D. California

March 24, 2017

MARIA QUINTANILLA, successor in interest for JOSE MANUEL QUINTANILLA, an individual, Plaintiff,
v.
CITY OF SANTA ANA, BRITTON SPEAKMAN, and DOES 1 through 20, inclusive, Defendants.

          PROTECTIVE ORDER

          Honorable Jacqueline Chooljian, United States Magistrate Judge.

         IT IS HEREBY ORDERED, following stipulation of counsel, as follows:

         1. On February 17, 2017, Plaintiff Maria Quintanilla filed a motion to compel production of documents responsive to her Requests for Production of Documents propounded on the City of Santa Ana, including the Santa Ana Police Department Professional Standards Bureau investigative report and various items within the personnel history and file of Defendant Officer Britain Speakman. See Plaintiff's Motion to Compel (Doc. 20). On March 21, 2017, this Court heard the plaintiff's motion and issued a ruling, ordering the City of Santa Ana to produce certain documents requested by the plaintiff. See 3/21/17 Minute Order (Doc. 21). The defendants maintain that this information is protected by the official information privilege, law enforcement privilege, and various other privileges.

         2. The Court is informed that in or about October 2016, the office of the Orange County District Attorney (“OCDA”) completed its investigation report concerning the investigation into the officer involved shooting that is at issue in these consolidated lawsuits. The Court is further informed that this report contains numerous police reports, witness statements, reports of evidence analysis prepared by the Orange County Crime Lab, medical records of decedents Jose Manuel Quintanilla and Oscar Reyes, the criminal history index of decedents, the Santa Ana Police Department (“SAPD”) reports that pertain to this incident, among other items (collectively, “OCDA Report”). The defendants and the Orange County District Attorney's Office maintain that the OCDA Report is protected by the official information privilege, law enforcement privilege, and various other privileges.

         3. To balance the rights of the parties, the aforementioned documents (collectively defined as “Protected Documents”) are subject to this Protective Order.

         PROTECTIVE ORDER

         1. All documents produced by the City of Santa Ana that compromise the Protected Documents will be clearly designated as “CONFIDENTIAL” and be placed in an envelope labeled as such prior to the disclosure. The “CONFIDENTIAL” designation shall be placed on the printed pages of the Protected Documents in a manner that does not overwrite or make illegible the text of the document.

         2. Each person receiving any of the Protected Documents shall not disclose to any person or entity, in any manner, including orally, any of the Protected Documents or any of the information contained therein, except when used for purposes of this litigation pursuant to this protective order.

         3. The Protected Documents and all information contained therein, may only be disclosed to the following “qualified” persons:

(a) Counsel of record for the parties to this civil litigation;
(b) Defendant City of Santa Ana and its employees, including, but not limited to Officer Britain Speakman;
(c) Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in subparagraph (a); and, investigators, expert witnesses and other persons legitimately involved in litigation-related activities for the counsel of record; and
(d) Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action.
(e) With the exception of the Court and Court personnel (who are subject only to the Court's internal procedures regarding the handling of material filed or lodged, including material filed or lodged under seal), all persons receiving a copy of the Protected Documents shall, before receiving such protected information, be given a copy of this Protective Order and a compliance agreement (in the form attached hereto as Exhibit “A”) and shall execute the compliance agreement, and return the original of the compliance agreement to the attorney who gives him/her the protected information. It shall be the responsibility of ...

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