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Sanchez v. City of El Monte

United States District Court, C.D. California

November 21, 2017

AMELIA SANCHEZ, et. al, Plaintiffs,
v.
CITY OF EL MONTE; and DOES 1-10 inclusive Defendants.

          [PROPOSED] PROTECTIVE ORDER RE HOMICIDE BOOK COMPILED BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, HOMICIDE BUREAU

          ANDREW J. WISTRICH, UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: The Los Angeles County Sheriff's Department (“LASD”) is producing, pursuant to a subpoena duces tecum, documents deemed confidential by LASD, under Federal and California State Law. These documents are compiled in an LASD's “Homicide Book.” Such documents shall hereinafter be referred to as “Confidential Information.” The Plaintiffs do not deem these documents to be “confidential information, ” although Plaintiffs acknowledge some may be of a confidential nature, but to avoid further delay and dispute, Plaintiffs accept these conditions, reserving the right to seek judicial determination within 90-days of receipt of the documents by submitting any item in dispute for an in-camera review and determination by the Court.

         Plaintiffs agree that should they move for further order regarding determination of the “confidentiality” of a document, Plaintiffs will first meet and confer with LASD in an effort to jointly resolve any issue in dispute before requesting an in-camera review and determination by the Court.

         The Court orders that the following terms and conditions of this Protective Order shall govern the use and disclosure of Confidential Information and information derived therefrom until further order of the Court.

         1. The investigation of an Officer Involved Shooting of December 23, 2016 by the Los Angeles County Sheriff's Department - Homicide Bureau, is subject to the terms of this protective order. The investigation contained in the “Homicide Book” is part of an ongoing criminal investigation that is confidential official information. The disclosure of the documents in the Homicide Book pursuant to Rule 26 discovery rules are to be designated as “CONFIDENTIAL INFORMATION.” Such designation shall be made by stamping or otherwise marking the documents prior to production or use in this litigation as follows:

         “CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER”

         2. The labeled “CONFIDENTIAL INFORMATION” shall be used solely in connection with the preparation and trial of the within, Case No. 2:17-cv-03235 GW (AJW); consolidated with Case No. EDCV 17-971 GW (AJWx) or any related appellate proceeding, and not for any other purpose, including any other litigation.

         3. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential shall be used only for the purpose of the prosecution, defense or settlement of this action, and for no other purpose.

         4. CONFIDENTIAL INFORMATION may not be disclosed, except as provided in paragraphs 5, 6 and 7.

         5. CONFIDENTIAL INFORMATION may be disclosed only to the following persons:

(a) Counsel for any party and any party to this litigation;
(b) Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in (a).
(c) Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action;
(d) Any outside expert or consultant retained in connection with this action, and not otherwise employed ...

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