Deborah Mustain et al v. City of Simi Valley et al
Filing
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STIPULATED PROTECTIVE ORDER by Magistrate Judge Stephen J. Hillman (sbu)
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TRACY M. NOONAN, City Attorney (Bar #173027)
DAVID L. CACERES, Deputy City Attorney (Bar #197734)
City Attorney’s Office
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Telephone: (805) 583-6714
Facsimile: (805) 526-2489
Tnoonan@simivalley.org
Dcaceres@simivalley.org
DAVID L. NYE (Bar #67009)
JONATHAN D. MILLER (Bar #220848)
NYE, PEABODY, STIRLING, HALE & MILLER, LLP
33 West Mission St., Suite 201
Santa Barbara, California 93101
Telephone: (805) 963-2345
Facsimile: (805) 563-5385
david@nps-law.com
jonathan@nps-law.com
Attorneys for Defendants
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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DEBORAH MUSTAIN, DAVID
RAMOS,
Plaintiffs
v.
CITY OF SIMI VALLEY, CHIEF
MIKE LEWIS, individually and as
a peace officer, JAMES WISMAR,
individually and as a peace officer,
HILLARY BUCKLAND,
individually and as a peace officer,
JOSHUA LORENCZ, individually
and as a peace officer, and DOES 110, inclusive.
Defendants.
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Case No. CV 11-01612 GHK
(SHx)
STIPULATED PROTECTIVE
ORDER
Judge: Hon. George King
Courtroom: 660
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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Plaintiffs DEBORAH MUSTAIN and DAVID RAMOS and Defendants
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CITY OF SIMI VALLEY, CHIEF MIKE LEWIS, JAMES WISMAR, ,
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HILLARY BUCKLAND, and JOSHUA LORENCZ by and through their
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respective counsel of record, hereby stipulate and agree to the entry of a Stipulated
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Protective Order as follows:
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Discovery in this matter will necessarily involve discovery of peace
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officer personnel records. The parties to this lawsuit, recognizing the statutory and
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constitutional rights to privacy that a peace officer has in his or her personnel
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records, stipulate to abide by the terms and conditions of this Protective Order once
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approved by the Court.
1. The parties, in the production or disclosure of documents in this case, may
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designate any document, thing, material, testimony or other information derived
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therefrom that includes protectable information from a peace officer’s personnel
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records as “CONFIDENTIAL” under the terms of the Protective Order (collectively
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referred to as “Confidential Documents”). Confidential Documents may include
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those described in California Penal Code §832.7, and includes peace officer
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personnel records and records maintained by the City of Simi Valley pursuant to
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California Penal Code § 832.5 or information obtained from those records. As
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defined in Penal Code § 832.8, “personnel records” means any file maintained under
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an individual peace officer’s name by his or her employing agency and containing
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records relating to any of the following: (1) personal data, including marital status,
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family members, education and employment history, home addresses, or similar
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information; (2) medical history; (3) election of employee benefits; (4) employee
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advancement, appraisal or discipline; (5) complaints or investigation of complaints
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concerning an event or transaction in which he or she participated, or which he or
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she perceived, and pertaining to the manner in which he or she performed his or her
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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duties; (6) any other information the disclosure of which would constitute an
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unwarranted invasion of personal privacy.
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2.
Confidential Documents do not include: (1) documents already lawfully in
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the possession of the party to whom the Confidential Document is being produced;
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or (2) documents available to the public.
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3.
Attorneys for the parties shall personally secure and maintain the
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Confidential Documents in their possession to the end that said Confidential
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Documents are to be used only for the purposes set forth below and for no other
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purpose.
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4.
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The Confidential Documents shall be used only in preparation for this case,
up to and including the completion of the judicial proceedings, including appeal.
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Once the case proceeds to trial, documents that were designated as
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Confidential may be admitted as evidence at trial without regard to the provisions
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of the Protective Order, subject to any other available objections by any party.
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Anyone who wishes to have such documents treated as Confidential may renew
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their request before the trial judge.
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6.
By entering into this protective order, there is no waiver of any objections
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any party might have to the introduction of the Confidential Documents into
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evidence at the time of trial. In addition, the production of Confidential Documents
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by defendants pursuant to this Protective Order shall not constitute a waiver of any
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objections that defendants may have to the production of the Confidential
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Documents pursuant to the California Government Code, California Evidence Code,
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California Penal Code or other applicable state or federal authority.
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7.
Confidential Documents shall not be shown, produced or otherwise
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disseminated to any member of the public, counsel who are not counsel of record in
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this case, or the media.
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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8.
Any Confidential Document, if filed with the court or if attached as an
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exhibit to a deposition or motion, shall be filed under seal after compliance with
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Local Rule 79-5.1 et seq. absent stipulation among the parties or court order with
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notice to all parties. If the contents of Confidential Documents are referred to or
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discussed during a deposition, the portion of the deposition that discusses the
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Confidential Documents shall be treated as a protected document hereunder.
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9.
Dissemination of the Confidential Documents during the pending judicial
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proceedings shall be limited to the parties, counsel for the parties, the parties’
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witnesses during a deposition, staff of counsel, expert witnesses and the court. A
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court reporter may also be provided with the Confidential Documents but where it
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has been attached to a deposition and then the protected document must be under
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seal and clearly marked as “Confidential - Subject to Protective Order.”
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10. Prior to any disclosure of any Confidential Documents to any person
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referred in Paragraph 10, such person shall be provided by counsel with a copy of
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this Protective Order and shall in writing state that he or she has read this Order and
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agrees to be bound by its terms. Said counsel shall retain each signed writing.
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11. At the conclusion of the legal proceedings in this matter, each person who
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has received a copy of Confidential Documents (court personnel excluded) shall
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return all such Confidential Documents to the attorneys for the party who gave
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him/her the copy. All copies of the Confidential Documents must then be returned
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to the party who produced the Confidential Documents at issue.
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12. No electronic copy of any Confidential Document may be made. If, in the
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future, an electronic copy of any Confidential Document is necessary for a court
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filing pursuant to electronic filing rules, the parties agree to meet and confer to
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discuss any appropriate exceptions or modifications to the Protective Order for that
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purpose.
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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13. The attorneys for the parties shall not cause or knowingly permit disclosure
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of the contents of the Confidential Documents beyond the disclosure permitted
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under the terms and conditions of this Order.
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14. Protected documents in this Order shall be clearly marked by means of a
stamp indicating “Confidential Subject to Protective Order.”
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15. All designations of confidential material in this case must be made in good
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faith. Any party who either objects to any designation of confidentiality, or who, by
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contrast, requests still further limits on disclosure (such as in camera review in
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extraordinary circumstances), may serve upon counsel for the designating person or
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party a written notice stating with particularity the grounds of the objection or
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request. If agreement cannot be reached promptly, counsel for the objecting party
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may seek appropriate relief from the Court in accordance with Local Rule 37.
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16. Any party who violates this protective order may be subject to contempt
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and/or sanctions as the Court may deem appropriate upon notice and an opportunity
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to be heard (pursuant but not limited to FRCP 26 and/or FRCP 37).
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IT IS SO STIPULATED:
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DATED: May
, 2012
THE BECK LAW FIRM
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By:
Thomas E. Beck
Attorneys for Plaintiffs
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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DATED: May
, 2012
NYE, PEABODY, STIRLING, HALE
& MILLER, LLP
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By:
Jonathan D. Miller
Attorneys for Defendants
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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Order
Good cause being found,
IT IS SO ORDERED that the above stipulation shall be in effect.
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DATED: May 22, 2012
______________________________________
Honorable Stephen J. Hillman
United States Magistrate Judge
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______________________________________________________________________________________________
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STIPULATED PROTECTIVE ORDER
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