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D.C. G. v. City of Santa Ana

United States District Court, C.D. California

April 2, 2018

D.C.G., a Minor, by and through his Guardian Ad Litem, Petra Gaeta; A.G., a Minor, by and through his Guardian Ad Litem, Maria Rosas, individually and as successors in interest to DAVID GAETA, deceased; DAVID GAETA URZUA, and PETRA GAETA, individually, Plaintiffs,
v.
CITY OF SANTA ANA, an entity, SAUL ESQUIVEL, DORIN BUCHANAN; and DOES 1 through 10, Inclusive, Defendants.

          PROTECTIVE ORDER CONCERNING POLICE OFFICER PERSONNEL RECORDS

          Honorable Jay C. Gandhi United States Magistrate Judge.

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

1. This lawsuit arises out of the officer-involved shooting of Decedent David Gaeta on November 6, 2016.
2. In discovery, the plaintiffs requested certain items that comprise the confidential peace officer personnel files of Defendant Officers Saul Esquivel and Dorin Buchanan and/or other items the City maintains are confidential. The City objected to production of these materials and the plaintiffs filed a motion to compel. See Doc. 31. Thereafter, the Court issued an order directing the parties to engage in further meet and confer efforts, among other things. See Doc. 33. Pursuant to the Court's order, the defendants are producing certain of items requested by the plaintiffs (collectively defined in paragraph 1 as “Protected Documents”).
3. In light of the assertion of privilege and privacy by the defendants, the following protective order shall govern production of documents collectively defined in paragraph 1 as “Protected Documents”:

         PROTECTIVE ORDER

         The Protected Documents shall be subject to this Protective Order as follows.

         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 Officers Saul Esquivel and Dorin Buchanan;
(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 ...

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