-CAB Fernandez v. Morris et al, No. 3:2008cv00601 - Document 97 (S.D. Cal. 2009)
Court Description: ORDER granting 96 Motion for an Amended Protective Order. Signed by Magistrate Judge Cathy Ann Bencivengo on 05/04/09. (ag) (jrl).
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-CAB Fernandez v. Morris et al Doc. 97 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 LIEBERT CASSIDY WHITMORE 10 11 ADRIANA FERNANDEZ, 12 Plaintiff, 13 v. 14 JAMES RAY MORRIS, HAROLD CARTER, RAYMOND LOERA, COUNTY OF IMPERIAL, IMPERIAL COUNTY SHERIFF’S DEPARTMENT, and DOES 1 - 100, inclusive, 15 16 CASE NO. 08-cv-0601-H (CAB) 17 AMENDED PROTECTIVE ORDER Defendants. 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) Dockets.Justia.com 1 2 Disclosure and discovery activity in this action has identified confidential and/or private documents and information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting or defending this litigation 5 is warranted. 7 A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 1. 3 6 LIEBERT CASSIDY WHITMORE PROTECTIVE ORDER 2. The following definitions shall apply to this Stipulation and Order: (a) This “action” shall refer to the action entitled Adriana Fernandez v. 8 James Ray Morris, Harold Carter, Raymond Loera, County of Imperial, Imperial County 9 Sheriff’s Department, et al., which is pending in the United States District Court, for the 10 Southern District, California, (the “Court”), Case Number 08-CV-0601-H(CAB), and any 11 appeal thereof through final judgment. 12 (b) “Confidential document” shall mean any document, material or thing 13 containing confidential employment, or other similar confidential or private information 14 (as defined herein). 15 (c) “Confidential information” shall mean any employment, or other 16 similar confidential or private information not previously produced to the public or made 17 available to the public and which the parties agree or the Court determines should be 18 protected from disclosure pursuant to this Stipulation and Order. Only “Confidential 19 information” and no other information shall be designated as confidential. 20 (d) Confidential information and documents that are “Attorney’s Eyes 21 Only” shall mean information and documents that are entitled to heightened protection 22 due to security risks that would result from public disclosure of the information or 23 documents. “Attorney’s Eyes Only” information and documents shall be viewed only by 24 counsel of record of the receiving party, and as necessary, by office staff, retained 25 experts, consultants, or investigators of counsel of record, under the conditions set forth in 26 paragraph 10 below. 27 28 (e) “Producing party” shall mean the person or entity producing documents, information or other materials in this action. -2 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 (f) 2 insignia stating either “CONFIDENTIAL”, “THIS DOCUMENT CONTAINS 3 CONFIDENTIAL INFORMATION PROTECTED BY COURT ORDER”, or 4 “ATTORNEY’S EYES ONLY DOCUMENT CONTAINS CONFIDENTIAL 5 INFORMATION PROTECTED BY COURT ORDER” (“ATTORNEY’S EYES ONLY”) 6 When any document is so designated pursuant to this Stipulation and Order, the legend 7 shall be affixed to the cover of such document. 8 A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 9 LIEBERT CASSIDY WHITMORE “Legend” as used herein shall mean a large bold stamp or similar (g) document or party, the singular shall include the plural, and the plural shall include the 10 singular. 11 3. 12 (a) Administrative Investigations of any Imperial County Sheriff’s Office (“ICSO”) officer; 15 16 The parties agree that the following shall constitute Confidential documents and/or information subject to the provisions of this Stipulation and Order: 13 14 When reference is made in this Stipulation and Order to any (b) 2007 Administrative Investigation regarding allegations against James Morris, including all audio and video-taped interviews; 17 (c) James Morris’ Training File; 18 (d) James Morris’ Pre-employment Background Investigation; 19 (e) Personnel files of any correctional officer of ICSO including James 20 Morris’ Personnel File; 21 22 (f) complaint to the ICSO; 23 24 (g) (h) 2007-2008 Administrative Investigation regarding Brenda-Flores- Nunez’ allegations against Corban Dillion, including all audio and video-taped interviews; 27 28 2005 Administrative Investigation regarding allegations against James Morris; 25 26 ICSO’s Administrative Investigation into Adriana Fernandez’ written (i) Administrative Investigation regarding allegations against Saul Lazaro; -3 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 (j) Inmate Records; and 2 (k) Correctional officer and inmate medical records. 3 4 confidential, irrespective of the files in which they are contained or the Bates numbers, if 5 any, given to the documents. A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 6 LIEBERT CASSIDY WHITMORE Duplicate copies of documents designated as Confidential shall also be treated as 4. The Parties agree that the following shall constitute Confidential 7 “Attorney’s Eyes Only” documents and/or information subject to the provisions of this 8 Stipulation and Order: 9 (a) The names, addresses and telephone numbers of inmates; 10 (b) The documents relating to Adriana Fernandez produced by the 11 United States Probation Office, in response to an order granting permission to answer 12 subpoena; and 13 14 (c) Any diagram of the Imperial County Jail. Duplicate copies of documents designated as “Attorney’s Eyes Only” shall also be 15 treated as “Attorney’s Eyes Only” irrespective of the files in which they are contained or 16 the Bates numbers, if any, given to the documents 17 5. Additional documents may be designated “Confidential” or “Attorney’s Eyes 18 Only” pursuant to written agreement of the Parties. This Stipulation and Order does not 19 waive a party’s right to subsequently challenge any other party’s designation of any 20 document as “Confidential” or constitute an admission that any document designated as 21 Confidential is in fact Confidential or entitled to protection as a Confidential document. 22 6. All documents that are designated “Confidential” shall be used for purposes 23 of discovery, motions, briefs, expert review, the trial and preparation for trial in this 24 action, and on appeal, if any, and for no other purpose whatsoever, and consistent with all 25 other limitations set forth herein. 26 7. Except as set forth herein, Confidential documents, all copies thereof, and 27 any summaries, charts or notes made there from, and any facts or information contained 28 therein or derived there from, shall be disclosed only to the Court and/or to: -4 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 (d) the parties hereto and their agents and employees; 2 (e) counsel for the parties hereto and their agents, employees, paralegals, 3 or other secretarial and clerical employees or agents; 4 A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 consultants and experts retained by one or more of the parties to this 5 action or their counsel, to assist regarding discovery, motions, briefs, the trial and 6 preparation for trial in this action, and on appeal, if any, or any other matter, issue or 7 proceeding related to this action; 8 (g) deponents and their counsel; 9 (h) stenographic reporters who are involved in depositions, the trial or 10 LIEBERT CASSIDY WHITMORE (f) any hearings or proceedings, or appeal, if any, before the Court in this action; 11 (i) potential or actual witnesses at the trial of this action; 12 (j) individuals who have been or are otherwise in possession of the 13 14 Confidential documents. Confidential documents may be disclosed to persons listed in (a) and (f) of this 15 paragraph only after such person has been shown a copy of this Stipulation and Order, and 16 has been advised of the terms and operation of this Stipulation and Order, and agrees to be 17 bound by the terms of this Stipulation and Order in the form attached hereto as Exhibit A; 18 provided, however, a party who has produced Confidential documents may disclose its 19 own documents to any persons, with or without any conditions to such disclosure, as it 20 deems appropriate. 21 8. In the case of Confidential documents or information based on Confidential 22 documents revealed during a deposition, if designation of a transcript as Confidential or 23 any portion thereof, including exhibits, is made by any party or her or his counsel to that 24 effect on the record, or is otherwise made before the stenographer transcribing such 25 deposition has disseminated to counsel for the parties the transcript of the deposition, the 26 stenographer shall affix the confidential legend to the cover page and all appropriate pages 27 of the transcript, and to each copy thereof. 28 9. Subject to public policy, and further court order, nothing labeled -5 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 “Confidential” or “Attorney’s Eyes Only” shall be filed under seal, and the court shall not 2 be required to take any action, without separate prior order by the Judge before whom the 3 hearing or proceedings will take place, after application by the affected party with 4 appropriate notice to opposing counsel. A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 LIEBERT CASSIDY WHITMORE 5 10. All documents and information designated “Attorney’s Eyes Only” shall be 6 used for purposes of providing information to counsel of record in this action, and shall 7 only be disclosed to counsel of record in this action. Counsel of record in this action shall 8 not disclose “Attorney’s Eyes Only” documents or information to any other person, 9 except his or her office staff that assists with work in this action and as necessary, 10 investigators, experts or consultants retained by counsel of record in this action. Prior to 11 any disclosure to such office staff, investigators, experts or consultants, those individuals 12 must sign Exhibit “A”, agreeing to be bound by this Stipulation and Protective Order and 13 any such office staff, investigators, experts, or 14 “Attorney’s Eyes Only” documents or information to any other person. Documents and 15 information designated as “Attorney’s Eyes Only” may be filed with the Court in 16 connection with motions and trial in this action, but due to the security issues that could 17 result from public disclosure of certain inmate and jail information included in the 18 “Attorney’s Eyes Only” documents and/or information, all documents and information 19 labeled “Attorney’s Eyes Only” shall be filed or lodged in a sealed envelope marked on 20 the outside with the title of this action, and general nature of each document within, and a 21 statement in substantially the following form: consultants shall not disclose any 22 CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER. 23 THIS 24 FILED/LODGED BY (NAME OF PARTY) AND IS NOT TO BE OPENED NOR 25 THE CONTENTS THEREOF DISPLAYED, EXCEPT BY THE COURT, 26 PURSUANT TO COURT ORDER, OR BY WRITTEN STIPULATION OF THE 27 PARTIES. 28 ENVELOPE CONTAINS THE ABOVE IDENTIFIED PAPERS Any party may apply for any additional protections deemed prudent and necessary, or -6 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 seek other relief, in connection with the use of “Attorney’s Eyes Only” documents or 2 information at trial or at the hearing on any motion, in this action. 3 4 the admissibility of evidence of the discovery material subject to this Stipulation and 5 Order are reserved and are not waived by any terms of this Stipulation and Order. 6 Nothing shall restrict the use of Confidential documents at trial, so long as such use is in 7 accordance with the provisions of this Stipulation and Order, unless modified by the 8 Court. A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 9 LIEBERT CASSIDY WHITMORE 11. Notwithstanding anything to the contrary contained herein, all objections as to 12. If at any time, any document or information protected by this Stipulation and 10 Order is subpoenaed by any Court, administrative or legislative body, or is requested by 11 any other person or entity purporting to have authority to require the production of such 12 information, the party whom the subpoena or other request is directed shall give written 13 notice thereof to the Producing party of that document and/or information within five (5) 14 days of the date of the subpoena or other formal request. After receipt of the notice 15 specified under this paragraph, the Producing party shall have the sole responsibility for 16 obtaining any order it believes necessary to prevent disclosure of documents designated 17 Confidential and Confidential information, as well as any “Attorney’s Eyes Only” 18 information and documents. 19 13. The termination of proceedings in this action shall not relieve the parties from 20 the obligation of maintaining the confidentiality of all Confidential or “Attorney’s Eyes 21 Only” documents and information produced and designated pursuant to this Stipulation 22 and Order, unless the Court orders otherwise. Upon the final disposition of this action, 23 including the completion or running time for any available appeals, the attorneys for the 24 parties shall return to the Producing party within thirty (30) days any documents (and all 25 copies thereof) which have been designated as “Confidential” or “Attorney’s Eyes Only” 26 and will abide by this Stipulation and Order with respect to any such information. 27 28 14. The attorneys in this litigation will advise their clients, consultants, experts and agents of the contents of this Stipulation and Order. -7 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 15. This Stipulation and Order does not preclude any party from bringing a 2 motion to quash or modify a subpoena, a motion to compel documents, a motion for 3 protective order, a motion in limine before trial to preclude the admission into evidence of 4 documents, or any other type of motion, related to documents or information protected 5 under this Stipulation and Order. 6 For good cause shown, the foregoing Stipulation shall be the Order of this Court. 7 IT IS SO ORDERED. 8 9 A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 LIEBERT CASSIDY WHITMORE 10 DATED: May 4, 2009 __________________________________ CATHY ANN BENCIVENGO United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB) 1 EXHIBIT “A” 2 3 UNDERSTANDING AND AGREEMENT RE “STIPULATED PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS AND ORDER THEREON” 4 5 6 7 8 9 A Professional Law Corporation 6033 W. Century Boulevard, Suite 500 Los Angeles, CA 90045 LIEBERT CASSIDY WHITMORE 10 11 12 I hereby state that I have read and received a copy of the Stipulated Protective Order re Confidential Documents and Order Thereon (“Stipulation and Order”) in the action entitled Adriana Fernandez v. James Ray Morris, Harold Carter, Raymond Loera, County of Imperial, Imperial County Sheriff’s Department, et al., which is pending in the United States District Court, for the Southern District, California, Case Number 08-cv0601-H(CAB). I understand the terms of the Stipulation and Order, and agree to be bound by those terms, and consent to the jurisdiction of the Court with respect to enforcement of the Stipulation and Order. 13 14 Dated: Signature 15 16 Printed Name 17 Address 18 19 20 21 22 23 24 25 26 27 28 -9 - AMENDED PROTECTIVE ORDER CASE NO. 08-cv-0601-H (CAB)
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