Droz v. County of San Diego et al, No. 3:2019cv01277 - Document 32 (S.D. Cal. 2020)
Court Description: ORDER granting 31 Motion for Protective Order. Signed by Magistrate Judge William V. Gallo on 11/30/2020. (djk)
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Droz v. County of San Diego et al Doc. 32 Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.226 Page 1 of 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BLAKE DROZ, Case No.: 19-CV-1277-W-WVG Plaintiff, 12 13 v. 14 COUNTY OF SAN DIEGO; RICHARD FISCHER; and DOES 1 through 10, inclusive, 15 16 ORDER ON RENEWED JOINT MOTION FOR PROTECTIVE ORDER Defendants. 17 18 On November 25, 2020, the Parties filed the pending Joint Motion for Protective 19 Order Regarding Confidential Information (“Joint Motion”), seeking to preserve the 20 confidentiality of certain documents and information to be exchanged throughout this 21 litigation. (Doc. No. 31.) Having reviewed and considered the Parties’ submission, the 22 Court finds the Joint Motion fully complies with all applicable rules, including this Court’s 23 Civil Chambers Rule V: Stipulated Protective Order Provisions for Filing Documents 24 Under Seal. Accordingly, the Court GRANTS the Joint Motion in its entirety. Upon 25 issuance of this Order, the following language, as proposed and stipulated to by the Parties, 26 shall become immediately enforceable: 27 28 1 19-CV-1277-W-WVG Dockets.Justia.com Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.227 Page 2 of 7 1 WHEREAS the parties, through counsel, agree that a Protective Order (the 2 “ORDER”), pursuant to Federal Rule of Civil Procedure 26(c), is necessary to protect the 3 confidentiality of documents and other information produced or disclosed in this action; 4 and 5 WHEREAS the parties acknowledge that this Order does not confer blanket 6 protection on all such documents and other information, but only on those entitled under 7 applicable law to such protection; 8 THEREFORE, in accordance with the Parties’ stipulation(s): 9 1. SCOPE OF ORDER: 10 This order shall govern the handling of documents; depositions; deposition exhibits, 11 testimony, and transcripts; interrogatory responses and responses to requests for 12 admissions; pretrial testimony; affidavits, declarations, affidavit exhibits, and declaration 13 exhibits; pleadings; evidence; and any other information produced, furnished or disclosed 14 by any Party to any other Party in the above-captioned action (the “ACTION”). This 15 information shall be referred to as “LITIGATION MATERIAL”. 16 2. ADDITIONAL DEFINITIONS: 17 (a) PARTY shall mean any Party to this Action, including its officers, directors, 18 19 20 21 22 23 24 25 employees, consultants, retained experts, outside counsel and support staff. (b) PRODUCING PARTY shall mean any Party that produces, furnishes, or discloses Litigation Material in this Action. (c) RECEIVING PARTY shall mean any Party that receives Litigation Material from a Producing Party. (d) DESIGNATING PARTY shall mean a Party that designates Litigation Material as Confidential Information. (e) EXPERT shall mean a person retained by a Party or its attorneys to give expert 26 testimony in this Action who has been or will be disclosed pursuant to Federal Rule of 27 Civil procedure 26(a)(2). 28 2 19-CV-1277-W-WVG Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.228 Page 3 of 7 1 2 3 (f) CONSULTANT shall mean a person retained by a Party or its attorneys to consult with or advise it in this Action. (g) PROFESSIONAL VENDORS shall mean persons or entities, including but 4 not limited to court reporters, providing litigation support services, including but not 5 limited to copying and exhibit preparation, in this Action. 6 (h) CONFIDENTIAL INFORMATION shall mean Litigation Material that 7 would qualify for protection under standards developed pursuant to Federal Rule of Civil 8 Procedure 26(c) and applicable law. 9 (i) PROTECTED MATERIAL shall mean Litigation Material that has been 10 designated as Confidential Information. However, under no circumstances shall Protected 11 Material be interpreted to include material or portions of material that were derived or 12 obtained by a Receiving Party independent of discovery from a Party in this Action, 13 whether or not such materials or portions of materials were also obtained through discovery 14 in this Action. Nor shall Protected Material be interpreted to include that material which: 15 16 17 18 19 20 21 a. was developed in public or was otherwise in the public domain at the time of its use or disclosure; b. became part of the public domain after the time of the use or disclosure, through no fault of the Receiving Party; c. was received from a third party who was under no obligation of confidentiality to the Producing Party; or d. is comprised of a Party’s own information, even if previously deemed by that 22 Party to be Confidential Information, so long as that Party thereafter deems it appropriate 23 to disclose. 24 3. 25 (a) Designation of Documents and Things 26 Any Designating Party having a good faith belief that Litigation Material meets the 27 definitions set out in either Paragraph 2(h) above, may designate at or prior to the time of 28 production such Litigation Material as Confidential Information by placing on each page DESIGNATION OF PROTECTED MATERIAL: 3 19-CV-1277-W-WVG Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.229 Page 4 of 7 1 and thing to which the designation applies the legend “Confidential Information Subject to 2 Protective Order.” All documents and things, and copies thereof, produced in this Action 3 shall be given unique bates production numbers by the Producing Party, and each 4 Producing Party shall identify itself by use of a unique production number prefix. 5 (b) Objection to Designation 6 At any time, and consistent with the Court’s Scheduling Orders, any Party may 7 object to the designation of Litigation Material as Protected Material by providing counsel 8 for the Designating Party with written notice of its objection and the reasons for it. Within 9 10 calendar days thereafter, the Designating Party shall provide a written statement of the 10 basis for the designation. Within 5 calendar days thereafter, the parties shall confer in a 11 good faith effort to resolve the objection. If it is not resolved, the objecting party shall have 12 20 calendar days from the date of the conference to apply to the Court, pursuant to Federal 13 Rules of Civil Procedure 7(b) and 26(c), for an order declaring that the designation to which 14 it objects is not consistent with this Order. 15 Upon objection, Protected Material shall be treated as designated until 16 (i) the Designating Party removes the designation; or 17 (ii) the Court grants the objecting party’s motion. 18 On such motion, the Designating Party shall have the burden of establishing that its 19 designation is consistent with this Order. 20 4. 21 A Receiving Party may use Protected Material only to prosecute, defend, or attempt 22 to settle this litigation. Unless otherwise ordered by the Court or authorized in writing by 23 the Designating Party, a Receiving Party may disclose Protected Material only to: USE AND DISCLOSURE OF PROTECTED MATERIAL: 24 (a) its Outside Counsel; 25 (b) Experts, to whom disclosure is reasonably necessary for the purposes of this 26 litigation, who have signed the Agreement to Be Bound in the form attached hereto as 27 Exhibit A; 28 4 19-CV-1277-W-WVG Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.230 Page 5 of 7 1 (c) Consultants, to whom disclosure is reasonably necessary for the purposes of 2 this litigation, who have signed the Agreement to Be Bound in the form attached hereto as 3 Exhibit A; 4 (d) testifying witnesses, to whom disclosure is reasonably necessary for the 5 purposes of this litigation, who have signed the Agreement to Be Bound in the form 6 attached hereto as Exhibit A; 7 (e) the author of the document or source of the information; 8 (f) any person having knowledge of the Protected Material demonstrably 9 acquired in the ordinary course; 10 (g) the Court and its personnel; 11 (h) Professional Vendors, to whom disclosure is reasonably necessary for the 12 purposes of this litigation, who have signed the Agreement to Be Bound in the form 13 attached hereto as Exhibit A; 14 15 (i) Law enforcement personnel for purposes of investigating or initiating the investigation of potential unlawful acts. 16 5. 17 Without written permission from the Designating Party or an Order entered by the 18 Court on noticed motion, no Party shall file in the public record any Protected Material. By 19 executing this Order, each Party agrees to stipulate, and hereby does stipulate, to the filing 20 of Protected Material under seal, subject to the applicable rules and procedures of the 21 Court. FILING PROTECTED MATERIAL: 22 No document shall be filed under seal unless counsel secures a court order allowing 23 the filing of a document under seal. An application to file a document under seal shall be 24 served on opposing counsel, and on the person or entity that has custody and control of the 25 document, if different from opposing counsel. If opposing counsel, or the person or entity 26 who has custody and control of the document, wishes to oppose the application, he/she 27 must contact the chambers of the judge who will rule on the application, to notify the 28 judge’s staff that an opposition to the application will be filed. 5 19-CV-1277-W-WVG Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.231 Page 6 of 7 1 6. 2 If a Receiving Party or its counsel is served with a subpoena issued or Order entered 3 in other litigation that would compel disclosures of Protected Material, the Receiving Party 4 or counsel receiving the subpoena or Order shall provide counsel for the Producing and 5 Designating Party with a copy of that subpoena or Order by facsimile or email. The 6 Producing and Designating Party holds the burden of moving to quash that subpoena or 7 Order. SUBPOENAS OR ORDERS TO PRODUCE PROTECTED MATERIAL: 8 7. 9 At the trial of this case, the parties agree that the protection of the confidentiality of 10 Protected Material shall continue to the extent permitted by the Court, pursuant to such 11 procedures as the Court may require. 12 8. USE OF PROTECTED MATERIAL AT TRIAL: FINAL DISPOSITION OF PROTECTED MATERIAL: 13 (a) Unless the Court orders otherwise, within three years after the conclusion 14 of this litigation, the Receiving Party, and any other individuals or entities who have signed 15 the Agreement to be Bound, must destroy all Protected Material. 16 17 (b) Notwithstanding this requirement, counsel for the Receiving Party may retain a record of the Action, including but not limited to 18 1. its correspondence file; 19 2. its pleadings file; 20 3. any briefs or appendices on appeal; 21 4. all work product of counsel, including but not limited to notes, outlines, legal 22 research and document drafts; 23 5. 24 6. all materials used in preparation for mediation or for purposes of attempted 25 deposition transcripts and accompanying exhibits; settlement of this Action. 26 9. 27 If a Receiving Party discloses Protected Material inadvertently or in some other 28 manner not authorized by this Order, it shall immediately notify the Designating Party of UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL: 6 19-CV-1277-W-WVG Case 3:19-cv-01277-W-WVG Document 32 Filed 11/30/20 PageID.232 Page 7 of 7 1 the disclosure, make a good faith effort to obtain the return of the Protected Material, and 2 provide a copy of this Order to the person or entity to whom the unauthorized disclosure 3 was made. 4 10. 5 Nothing in this Order shall waive or prejudice the right of any Party to object to 6 disclosure or admission into evidence of Litigation Material on any proper ground, 7 including that of privilege. Nothing in this Order shall waive or prejudice the right of any 8 Producing Party to use or disclose its own Litigation Material. Execution or compliance 9 with the terms of this Order shall not operate as an admission that any particular Litigation 10 Material is or is not relevant to this Action, and the designation or non-designation of 11 Litigation Material shall not be admissible as evidence in the Action for any purpose. NO WAIVER OR ADMISSION: 12 11. 13 Nothing in this Order shall waive or prejudice the right of any person to move or 14 RELIEF FROM ORDER: apply to the Court for an Order modifying it. 15 12. 16 This Order shall remain in effect until modified, superseded, or terminated by written 17 SURVIVAL OF OBLIGATIONS: agreement of the Parties or further order of the Court. 18 13. 19 By their signature upon the Joint Motion for entry of this Protective Order, counsel 20 for the parties signify their understanding of this Order and their agreement to abide by its 21 terms unless and until it is modified or superseded by further Order of this Court. 22 23 AGREEMENT TO TERMS: IT IS SO ORDERED. Dated: November 30, 2020 24 25 26 27 28 7 19-CV-1277-W-WVG
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