Sanchez Gallegos v. County of Los Angeles

• Court: District Court, C.D. California
• Decided: February 14, 2023
• Docket: 2:23-cv-00112
• Status: Unknown

Opinion

Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 1 of 15 Page ID #:156

9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11

12 GLORIA SANCHEZ GALLEGOS, Case No. 2:23-cv-00112-ODW-RAO 13 Individually and as successor in Interest to AGUSTIN FLORES 14 SANCHEZ STIPULATED PROTECTIVE ORDER1 15 Plaintiff, 16 v.

17 COUNTY OF LOS ANGELES, a municipal entity; JASEN TAPIA, an 18 Individual; RAYMOND ROMERO SOTO, an Individual; TIMOTHY 19 GARCIA, an Individual; JULIO CHAVEZ RUIZ, an Individual ; and 20 DOES 1 through 10, Inclusive. 21 Defendant.

23 24 25

26 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures. Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 2 of 15 Page ID #:157

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, Plaintiff and the County of Los Angeles petition the 6 Court to enter the following Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth in 11 Section 13.3, below, that this Protective Order does not entitle them to file 12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 13 that must be followed and the standards that will be applied when a party seeks 14 permission from the court to file material under seal. Discovery in this action is 15 likely to involve production of confidential, proprietary, or private information for 16 which special protection from public disclosure and from use for any purpose other 17 than prosecuting this litigation may be warranted. 18 B. GOOD CAUSE STATEMENT 19 Good cause exists for entry of this order as Plaintiff is seeking and Defendant 20 may produce, among other things, internal, security sensitive, third party and law 21 enforcement private and confidential information, administrative and institutional 22 documents, which contain sensitive information that the County of Los Angeles 23 believes need special protection from public disclosure. 24 The documents identified in this Protective Order, which Defendant believes 25 in good faith constitute or embody confidential information which the County of 26 Los Angeles maintains as strictly confidential and are otherwise generally 27 unavailable to the public, or which may be privileged or otherwise protected from 28 disclosure under state or federal statutes, court rules, case decisions, or common 2 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 3 of 15 Page ID #:158

1 law, are therefore entitled to heightened protection from disclosure. Accordingly, to 2 expedite the flow of information, to facilitate the prompt resolution of disputes over 3 confidentiality of discovery materials, to adequately protect information the parties 4 are entitled to keep confidential, to ensure that the parties are permitted reasonable 5 necessary uses of such material in preparation for and in the conduct of trial, to 6 address their handling at the end of the litigation, and serve the ends of justice, a 7 protective order for such information is justified in this matter. It is the intent of the 8 parties that information will not be designated as confidential for tactical reasons 9 and that nothing be so designated without a good faith belief that it has been 10 maintained in a confidential, non-public manner, and there is good cause why it 11 should not be part of the public record of this case. 12 2. DEFINITIONS 13 2.1 Action: This pending federal lawsuit. 14 2.2 Challenging Party: a Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 the Good Cause Statement. 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 21 their support staff), including Plaintiff Pro Per. 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things), that are produced or 28 generated in disclosures or responses to discovery in this matter. 3 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 4 of 15 Page ID #:159

1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a 10 party to this Action but are retained to represent or advise a party to this Action and 11 have appeared in this Action on behalf of that party or are affiliated with a law firm 12 which has appeared on behalf of that party and includes support staff. 13 2.11 Party: any party to this Action, including all of its officers, directors, 14 board, departments, divisions, employees, consultants, retained experts, and Outside 15 Counsel of Record (and their support staff). 16 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.13 Professional Vendors: persons or entities that provide litigation 19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 2.15 Receiving Party: A Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 27 28 4 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 5 of 15 Page ID #:160

1 3. SCOPE 2 The protections conferred by this Proposed Protective Order and Order cover 3 not only Protected Material (as defined above), but also (1) any information copied 4 or extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 Once a case proceeds to trial, all of the information that was designated as 11 confidential or maintained pursuant to this Protective Order becomes public and 12 presumptively will be available to all members of the public, including the press, 13 unless compelling reasons supported by specific factual findings to proceed 14 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City 15 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing 16 “good cause” showing for sealing documents produced in discovery from 17 “compelling reasons” standard when merits-related documents are part of court 18 record). Accordingly, the terms of this Protective Order do not extend beyond the 19 commencement of the trial. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection 23 under this Order must take care to limit any such designation to specific material 24 that qualifies under the appropriate standards. The Designating Party must 25 designate for protection only those parts of material, documents, items or oral or 26 written communications that qualify so that other portions of the material, 27 documents, items or communications for which protection is not warranted are not 28 swept unjustifiably within the ambit of this Order. 5 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 6 of 15 Page ID #:161

1 Mass, indiscriminate or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating 5 Party to sanctions. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 16 contains protected material. If only a portion of the material on a page qualifies for 17 protection, the Producing Party also must clearly identify the protected portion(s) 18 (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and 22 before the designation, all of the material made available for inspection shall be 23 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must determine which 25 documents, or portions thereof, qualify for protection under this Order. Then, before 26 producing the specified documents, the Producing Party must affix the 27 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 28 portion or portions of the material on a page qualifies for protection, the Producing 6 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 7 of 15 Page ID #:162

1 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 2 markings in the margins). 3 (b) for testimony given in depositions that the Designating Party identifies 4 the Disclosure or Discovery Material on the record, before the close of the 5 deposition all protected testimony. 6 (c) for information produced in some form other than documentary and 7 for any other tangible items, that, at a minimum, the Producing Party affix in a 8 prominent place on the exterior of the container or containers in which the 9 information is stored the legend “CONFIDENTIAL.” If only a portion or portions of 10 the information warrants protection, the Producing Party, to the extent practicable, 11 shall identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37.1 et seq. 25 6.3 The burden of persuasion in any such challenge proceeding shall be on 26 the Designating Party. Frivolous challenges, and those made for an improper 27 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 28 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 8 of 15 Page ID #:163

1 Party has waived or withdrawn the confidentiality designation, all parties shall 2 continue to afford the material in question the level of protection to which it is 3 entitled under the Producing Party’s designation until the Court rules on the 4 challenge. 5 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this 9 Action only for prosecuting, defending, or attempting to settle this Action. Such 10 Protected Material may be disclosed only to the categories of persons and under the 11 conditions described in this Order. When the Action reaches a final disposition, a 12 Receiving Party must comply with the provisions of section 13 below (FINAL 13 DISPOSITION). 14 Protected Material must be stored and maintained by a Receiving Party at a 15 location and in a secure manner that ensures that access is limited to the persons 16 authorized under this Stipulated Protective Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 18 otherwise ordered by the court or permitted in writing by the Designating Party, a 19 Receiving Party may disclose any information or item designated 20 “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 (b) the officers, directors, and employees (including House Counsel) of 25 the Receiving Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to whom 27 disclosure is reasonably necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 9 of 15 Page ID #:164

1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in the 9 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 10 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 11 will not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may 15 be separately bound by the court reporter and may not be disclosed to anyone except 16 as permitted under this Stipulated Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 21 IN OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation 23 that compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL,” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or order 28 to issue in the other litigation that some or all of the material covered by the 9 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 10 of 15 Page ID #:165

1 subpoena or order is subject to this Protective Order. Such notification shall include 2 a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this 7 action as “CONFIDENTIAL” before a determination by the court from which the 8 subpoena or order issued, unless the Party has obtained the Designating Party’s 9 permission. The Designating Party shall bear the burden and expense of seeking 10 protection in that court of its confidential material and nothing in these provisions 11 should be construed as authorizing or encouraging a Receiving Party in this Action 12 to disobey a lawful directive from another court. 13 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 18 produced by Non-Parties in connection with this litigation is protected by the 19 remedies and relief provided by this Order. Nothing in these provisions should be 20 construed as prohibiting a Non-Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26 that some or all of the information requested is subject to a confidentiality 27 agreement with a Non-Party; 28 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 11 of 15 Page ID #:166

1 Protective Order in this Action, the relevant discovery request(s), and a reasonably 2 specific description of the information requested; and 3 (3) make the information requested available for inspection by the 4 Non-Party, if requested. 5 (c) If the Non-Party fails to seek a protective order from this court within 6 14 days of receiving the notice and accompanying information, the Receiving Party 7 may produce the Non-Party’s confidential information responsive to the discovery 8 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 9 not produce any information in its possession or control that is subject to the 10 confidentiality agreement with the Non-Party before a determination by the court. 11 Absent a court order to the contrary, the Non-Party shall bear the burden and 12 expense of seeking protection in this court of its Protected Material. 13 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 20 persons to whom unauthorized disclosures were made of all the terms of this Order, 21 and (d) request such person or persons to execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 24 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 25 PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 inadvertently produced material is subject to a claim of privilege or other protection, 28 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 12 of 15 Page ID #:167

1 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 2 procedure may be established in an e-discovery order that provides for production 3 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 4 (e), insofar as the parties reach an agreement on the effect of disclosure of a 5 communication or information covered by the attorney-client privilege or work 6 product protection, the parties may incorporate their agreement in the stipulated 7 protective order submitted to the court. 8 9 12. MISCELLANEOUS 10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the Court in the future. 12 12.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in this 15 Stipulated Protective Order. Similarly, no Party waives any right to object on any 16 ground to use in evidence of any of the material covered by this Protective Order. 17 12.3 Filing Protected Material. A Party that seeks to file under seal any 18 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 19 only be filed under seal pursuant to a court order authorizing the sealing of the 20 specific Protected Material at issue. If a Party's request to file Protected Material 21 under seal is denied by the court, then the Receiving Party may file the information 22 in the public record unless otherwise instructed by the court. 23 24 13. FINAL DISPOSITION 25 After the final disposition of this Action, as defined in paragraph 4, within 60 26 days of a written request by the Designating Party, each Receiving Party must return 27 all Protected Material to the Producing Party or destroy such material. As used in 28 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 13 of 15 Page ID #:168

1 summaries, and any other format reproducing or capturing any of the Protected 2 Material. Whether the Protected Material is returned or destroyed, the Receiving 3 Party must submit a written certification to the Producing Party (and, if not the same 4 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 5 (by category, where appropriate) all the Protected Material that was returned or 6 destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 abstracts, compilations, summaries or any other format reproducing or capturing any 8 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 9 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 10 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 11 reports, attorney work product, and consultant and expert work product, even if such 12 materials contain Protected Material. Any such archival copies that contain or 13 constitute Protected Material remain subject to this Protective Order as set forth in 14 Section 4 (DURATION). 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 13 Case 2123-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 14o0f15 Page ID #:169

1 || 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 || DATED: February 13, 2023 7 || 4s/ Christian Contreras Attorneys for Plaintiff DATED: February 13, 2023 /s/ Lenore Kelly 11 || Attorneys for Defendant 12 13 14 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 || DATED: February 14, 2023 7] Raphis a.

19 |] United States Magistrate Judge 20 21 22 23 24 25 26 27 28 14

Case 2:23-cv-00112-ODW-RAO Document 14 Filed 02/14/23 Page 15 of 15 Page ID #:170

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of ___________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 15