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Hernandez v. One Unknown Agent of Department of Alcohol

United States District Court, C.D. California

May 3, 2017

Arnulfo Hernandez, Plaintiff,
v.
One Unknown Agent of the Department of Alcohol, Tobacco, Firearms and Explosives, United States of America, and Does 1-10, Defendants.

         Discovery Matter

         [NOTE THAT COURT STRUCK A PROPOSED PARAGRAPH ON PAGE 3]

          Thomas V. Girardi Nicole F. DeVanon THE COCHRAN FIRM CALIFORNIA Brian T. Dunn Megan R. Gyongyos Attorneys for Plaintiff Arnulfo Hernandez

          SANDRA R. BROWN Acting United States Attorney DOROTHY A. SCHOUTEN AUSA, Chief, Civil Division ROBYN-MARIE MONTELEONE AUSA, Chief, Gen. Civil Section GARRET COYLE Assistant United States Attorney Attorneys for Defendant U.S.A.

          PROTECTIVE ORDER

          Honorable Sheri Pym United States Magistrate Judge

         The Court, having read and considered the parties' joint stipulation for protective order, and for the reasons stated in the joint stipulation and for good cause shown, It is hereby ordered that the United States is permitted to produce: (1) audio recordings of interviews from the San Bernardino County Sheriff's Department investigation of the shooting; (2) San Bernardino County Sheriff's Department report on the shooting, including attachments; (3) Bureau of Alcohol, Tobacco, Firearms, and Explosives (AT F) Shooting Review Board report on the shooting, including attachments; (4) A T F and Federal Law Enforcement Training Centers policies on use of force and search warrants; (5) use of force and fraud investigation reports involving the ATF agent; (6) the training records of the ATF agent involved in the shooting (hereinafter referred to as Protected Material).

         Protected Material will be designated by stamping “confidential” on the pages of the document.

         Protected Material will be redacted before disclosure to remove personally identifiable information except for first and last names, any personally identifiable information of the plaintiff, and any addresses and phone numbers of witnesses other than law enforcement employees and confidential informants.

         Plaintiff's counsel will use Protected Material for purposes of this case only and will not use it for any other purpose.

         Protected Material shall be disclosed only to:

a. Counsel of record for the parties in this case; and
b. Expert witnesses retained by the parties, provided that they execute the attached agreement to be bound by protective order in the form attached hereto as Exhibit A, the executed original of which shall be retained by counsel of record for the party who has retained the expert witness.

         Protected Material may not be given to the plaintiff. Plaintiff's counsel may discuss with the plaintiff the contents of the audio recordings of interviews from the San Bernardino County Sheriff's Department investigation of the shooting and the San Bernardino County Sheriff's Department report on the shooting, including attachments, provided that the plaintiff first executes the attached agreement to be bound by protective order and the executed agreement is filed on the docket. Plaintiff's counsel may not discuss with the plaintiff the contents of the ATF Shooting Review Board report on the shooting, including attachments, the ATF and Federal Law Enforcement Training Centers policies on use of force and search warrants, use of force and fraud investigation reports involving the ATF agent, or training records of the ATF agent.

         No party shall lodge or file documents, pleadings, transcripts, or other materials in this case containing or disclosing Protected Material without first seeking and obtaining Court approval to lodge or ...


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