Tatiana Lopez et al v. County of Los Angeles et al
Filing
84
PROTECTIVE ORDER by Magistrate Judge Carla Woehrle, IT IS HEREBY ORDERED, ADJUDGED and DECREED that: The COUNTY OF LOS ANGELES SHERIFFS DEPARTMENT (COUNTY) will produce, pursuant to the Courts Order of April 17, 2012, copies of Personnel Performance Index (PPI) Data Documents for Deputy Francisco Enriquez, Detective Scott Kalassay, Deputy Javier Martinez and Lieutenant Chris Branuelas, documents deemed confidential, under California state law, i.e., personnel records of Peace Officers Francisco Enriquez, Scott Kalassay, Javier Martinez and Lieutenant Chris Branuelas. See Cal. Pen Code §§ 832.7. The documents are further produced pursuant to the privacy considerations recognized by the federal court subject to a stipulated protective order. See Kelly v. City of San Jose, 114 F.R.D. 653, 656 (N.D. Cal. 1987; Miller v. Pancucci, 141 F.R.D. 292, 300 (C.D. Cal. 1992). re Stipulation for Protective Order 83 (SEE ORDER FOR FURTHER DETAILS) (lmh)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Plaintiffs,
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vs.
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COUNTY OF LOS ANGELES,
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DEPUTY F. ENRIQUEZ #459592,
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individually and as a peace officer,
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DEPUTY JAVIER MARTINEZ
#487832, individually and as a peace )
officer, DET. S. KALASSAY #287342 )
individually and as a peace officer, LT. )
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CHRIS BRANUELAS individually
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and as a peace officer, DOES 1-10,
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Defendants.
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TATIANA LOPEZ, MIGUEL
AMARILLAS,
CASE NO. CV10-8926 PSG (CWx)
[Assigned to Hon. Philip S. Gutierrez,
Courtroom 880]
[PROPOSED] PROTECTIVE ORDER
RE PRODUCTION OF
CONFIDENTIAL PEACE OFFICER
PERSONNEL INFORMATION AND
INTERNAL CRIMINAL
INVESTIGATIONS BUREAU
INFORMATION
Hon. Carla M. Woehrle
Complaint Filed: 11/19/10
Trial Date: 10/23/12
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IT IS HEREBY ORDERED, ADJUDGED and DECREED that:
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The COUNTY OF LOS ANGELES SHERIFF’S DEPARTMENT
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(“COUNTY”) will produce, pursuant to the Court’s Order of April 17, 2012, copies
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of Personnel Performance Index (PPI) Data Documents for Deputy Francisco
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Enriquez, Detective Scott Kalassay, Deputy Javier Martinez and Lieutenant Chris
Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone (626) 243-1100
Fax
(626) 243-1111
17807
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[PROPOSED] PROTECTIVE ORDER
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Branuelas, documents deemed confidential, under California state law, i.e., personnel
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records of Peace Officers Francisco Enriquez, Scott Kalassay, Javier Martinez and
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Lieutenant Chris Branuelas. See Cal. Pen Code §§ 832.7. The documents are further
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produced pursuant to the privacy considerations recognized by the federal court
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subject to a stipulated protective order. See Kelly v. City of San Jose, 114 F.R.D.
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653, 656 (N.D. Cal. 1987; Miller v. Pancucci, 141 F.R.D. 292, 300 (C.D. Cal. 1992).
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Additionally, pursuant to the Court’s order of April 17, 2012, COUNTY will
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produce a copy of the Internal Criminal Investigations Bureau report and audio
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interviews related to Plaintiffs Tatiana Lopez and Miguel Amarillas. Specifically
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excluded from the production will be the audio interview of the Confidential
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Informant. A transcript of the audio interview of the Confidential Informant will be
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produced.
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All documents and/or information derived from the documents produced,
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(collectively, “CONFIDENTIAL INFORMATION”) produced by COUNTY) are the
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subject of this Protective Order, including the following documents:
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a.
each administrative, criminal, citizen personnel complaint, Internal
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Affairs Bureau Investigation, or Internal Criminal Investigations
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Bureau against Deputy Francisco Enriquez, Detective Scott Kalassay,
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Deputy Javier Martinez and Lieutenant Chris Branuelas concerning
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allegations of misconduct, in the course and scope of their duties as
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Los Angeles County Sheriff’s Deputies produced in this litigation.
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b.
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All information derived from the production of the PPI Data
Documents.
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2.
All documents produced by the COUNTY in the categories set forth
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above shall be marked “CONFIDENTIAL.” If the first page of any multi-page
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document bears this legend, then the entire document is deemed confidential, unless
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otherwise indicated by the producing party.
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“CONFIDENTIAL” is for identification purposes only, and in the event that a
Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone (626) 243-1100
Fax
(626) 243-1111
The stamping of the legend
17807
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[PROPOSED] PROTECTIVE ORDER
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document produced by the COUNTY pursuant this Protective Order is inadvertently
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not stamped with the legend “CONFIDENTIAL,” such document is still subject to
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the provisions of this Protective Order.
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3.
All documents produced by the COUNTY in conjunction with the
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Protective Order subsequent to the entry of this Protective Order shall be subject to
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this Protective Order, and shall be deemed CONFIDENTIAL INFORMATION.
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4.
All CONFIDENTIAL INFORMATION provided in accordance with
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this Order may be used for all proceedings in this matter only, including law and
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motion, trial and/or appeal.
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INFORMATION is used in any such proceedings, the party submitting the
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CONFIDENTIAL INFORMATION must seek an order sealing that portion of the
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record.
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5.
However, in the event that CONFIDENTIAL
If any information and/or documents which are the subject of this
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Protective Order are presented to this or any other court in any other manner prior to
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the time of trial, said information and/or documents shall be lodged under seal,
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pursuant to Local Rule 79-5.1, and with an appropriate application made to United
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States District Judge Philip S. Gutierrez, for lodging under seal, in an envelope
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clearly marked as follows:
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“CONFIDENTIAL AND MATERIAL SUBJECT TO A
PROTECTIVE ORDER. CASE NO.: CV 10-8926 PSG
(CWx).”
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6.
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Testimony taken at any deposition, conference, hearing, or trial may be
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designated as confidential by making a statement to that effect on the record at the
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deposition or proceeding. Arrangements shall be made by the COUNTY with the
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Court Reporter transcribing such proceedings to separately bind such portions of the
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transcript containing information designated as confidential, and to label such
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portions accordingly. In the event that the Court rules that the CONFIDENTIAL
Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone (626) 243-1100
Fax
(626) 243-1111
17807
3
[PROPOSED] PROTECTIVE ORDER
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INFORMATION is admissible, then the Court and/or jury may review said
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CONFIDENTIAL INFORMATION in open court in order to determine issues before
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the Court.
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All CONFIDENTIAL INFORMATION produced in accordance with
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this Protective Order shall not be used in any deposition, legal proceeding, or in any
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other forum than the instant case, nor shall the CONFIDENTIAL INFORMATION
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be disseminated in any form, except by court order, or until such time as the
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“CONFIDENTIAL” designation is removed by agreement of counsel for the parties
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or by further order of this Court.
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8.
CONFIDENTIAL INFORMATION shall be viewed only by: (1) the
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Court and its staff; (2) counsel of record for the receiving party, including associates,
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clerks, and secretarial staff for such parties, (3) independent experts retained by
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parties (and approved by the other parties), and (4) any associates, assistants, and
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secretarial personnel of such experts and other persons designated by agreement of
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counsel for the parties, and so long as said experts have agreed in writing in advance
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of any disclosure of CONFIDENTIAL INFORMATION to be bound by this
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Protective Order. In the event that an individual does not consent to be bound by this
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Protective Order, no disclosure of CONFIDENTIAL INFORMATION will be made
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to such individual. The Court and its staff may review all matters, which pertain to
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the discussion of the CONFIDENTIAL INFORMATION, including law and motion
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matters, consistent with this confidentiality agreement in respect to the
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CONFIDENTIAL INFORMATION.
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CONFIDENTIAL INFORMATION is admissible, then the Court and its staff, and/or
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jury may review said information in open court in order to determine issues before
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the Court.
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9.
In the event that the Court rules that the
CONFIDENTIAL INFORMATION produced in connection with this
Protective Order shall not be disclosed, disseminated, or in any manner provided to
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Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone (626) 243-1100
Fax
(626) 243-1111
17807
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[PROPOSED] PROTECTIVE ORDER
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the media or any member of the public, unless the Court has ruled that the
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information may be divulged to the media and the public.
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Plaintiffs’ counsel may not disclose directly to the Plaintiffs, either
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orally or in writing, the addresses and telephone numbers of any witnesses identified
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in the CONFIDENTIAL INFORMATION, but may discuss with the Plaintiffs the
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information obtained from any investigation conducted as a result of disclosed
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CONFIDENTIAL INFORMATION.
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In the event that any CONFIDENTIAL INFORMATION is used or
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referred to during the course of any court proceeding in this action, such information
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shall not lose its confidential status through such use.
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Plaintiffs, Plaintiffs’ counsel, and those individuals authorized to review
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the information in connection with this civil matter are expressly prohibited from
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duplicating, copying or otherwise distributing, disseminating, or orally disclosing any
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of the disclosed CONFIDENTIAL INFORMATION to any person or entity for any
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purpose.
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Counsel for each party shall take reasonable precautions to prevent the
unauthorized or inadvertent disclosure of CONFIDENTIAL INFORMATION.
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In the event that the terms of this Protective Order are violated, the
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parties agree that the aggrieved party may immediately apply to this Court to obtain
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injunctive relief and monetary sanctions against any person violating or threatening
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to violate any of the terms of this Protective Order.
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jurisdiction over the parties for the purpose of enforcing this Protective Order, and
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the Court shall have the power to modify this Protective Order at any time and to
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impose whatever penalties it deems appropriate for the violation of this Protective
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Order, including but not limited to monetary sanctions, judicial sanctions, issue
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preclusion, and contempt. Any such request for injunctive relief and/or monetary
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sanctions must be made by a properly noticed motion and pursuant to statute.
This Court shall retain
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Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone (626) 243-1100
Fax
(626) 243-1111
17807
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[PROPOSED] PROTECTIVE ORDER
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15.
This Protective Order, and the obligations of all persons thereunder,
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including those relating to the disclosure and use of CONFIDENTIAL
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INFORMATION, shall survive the final termination of this case, whether such
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termination is by settlement, judgment, dismissal, appeal or otherwise, until further
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order of the court.
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Upon termination of the instant case, Plaintiffs and Plaintiffs’ counsel
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shall return any and all CONFIDENTIAL INFORMATION or information
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designated as confidential, including deposition transcripts, trial testimony, and/or
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testimony taken at any court proceeding, to the COUNTY’S attorney of record for
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this matter, within twenty (20) days following termination of this matter.
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Production of all CONFIDENTIAL INFORMATION ordered disclosed
by this Court shall take place on or before April 27, 2012.
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IT IS SO ORDERED.
DATED: May 2, 2012
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BY: ______________/s/_____________________
CARLA M. WOEHRLE
UNITED STATES MAGISTRATE JUDGE
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Collins Collins
Muir + Stewart LLP
1100 El Centro Street
So. Pasadena, CA 91030
Phone (626) 243-1100
Fax
(626) 243-1111
17807
6
[PROPOSED] PROTECTIVE ORDER
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