distinguishing 20 “good cause” showing for sealing documents produced in discovery from 21 “compelling reasons” standard when merits-related documents are part of court 22 record
How later courts described this case
- distinguishing 20 “good cause” showing for sealing documents produced in discovery from 21 “compelling reasons” standard when merits-related documents are part of court 22 record
- a party’s privacy rights are to be protected 27 through a “carefully crafted protective order.”
Written by the judges who cited it.
The opinion
1 V. James DeSimone (SBN: 119668)
vjdesimone@gmail.com
2 Carmen D. Sabater (SBN: 303546)
Cds820@gmail.com
3 Ryann Hall (SBN: 306080)
Ryann@BohmLaw.com
4 V. JAMES DESIMONE LAW
13160 Mindanao Way, Suite 280
5 Marina del Rey, CA 90292
310.693.5561 / 323.544.6880 (fax)
6 Attorneys for Plaintiffs Antonio Rodriguez and Priscilla Loza
7
JILL WILLIAMS – State Bar No. 221793
8 jwilliams@crdlaw.com
DANIELLE C. FOSTER – State Bar No. 281385
9 dfoster@crdlaw.com
CARPENTER, ROTHANS & DUMONT
10 500 S. Grand Avenue, 19th Floor
Los Angeles, CA 90071
11 (213) 228-0400 / (213) 228-0401 (fax)
Attorneys for Defendants County of Los Angeles and Sheriff Alex Villanueva
12
13
14 UNITED STATES DISTRICT COURT
15 CENTRAL DISTRICT OF CALIFORNIA
16
17 ANTONIO RODRIGUEZ, et al. ) Case No.: 2:21-cv-06574-VAP-KKx
)
18 Plaintiffs, )
) ** DISCOVERY MATTER **
19 v. ) STIPULATED PROTECTIVE
)
20 COUNTY OF LOS ANGELES, et al. ) ORDER
)
21 Defendants. )
)
22 ) Hon. Kenly Kiya Kato
) U.S. Magistrate Judge
23 )
24
25 IT IS HEREBY STIPULATED by and among the parties hereto, through
26 their respective counsel of record, as follows:
27 ///
28 ///
1 1A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential and
3 private information for which special protection from public disclosure and from
4 use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the
6 following Stipulated Protective Order. The parties acknowledge that this Order
7 does not confer blanket protections on all disclosures or responses to discovery and
8 that the protection it affords from public disclosure and use extends only to the
9 limited information or items that are entitled to confidential treatment under the
10 applicable legal principles. The parties further acknowledge, as set forth in Section
11 12.3, below, that this Stipulated Protective Order does not entitle them to file
12 confidential information under seal; Civil Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a
14 party seeks permission from the court to file material under seal.
15 1B. GOOD CAUSE STATEMENT
16 This action is likely to involve confidential and private information for
17 which special protection from public disclosure and from use for any purpose other
18 than litigation of this action is warranted. Such information may implicate the
19 privacy interests of the parties and are properly protected through a Federal Rule of
20 Civil Procedure 26(c) protective order. See Seattle Times Co. v. Rhinehart, 467
21 U.S. 20, 35 n.21 (1984) (“Rule 26(c) includes among its express purposes the
22 protection of a ‘party or person from annoyance, embarrassment, oppression or
23 undue burden or expense.’ Although the Rule contains no specific reference to
24 privacy or to other rights or interests that may be implicated, such matters are
25 implicit in the broad purpose and language of the Rule.”); Soto v. City of Concord,
26 162 F.R.D. 603, 617 (N.D. Cal. 1995) (a party’s privacy rights are to be protected
27 through a “carefully crafted protective order.”).
28 ///
1 Such confidential materials and information consist of, among other things,
2 Los Angeles County Sheriff’s Department investigations, sensitive reports,
3 medical records, information implicating privacy rights of third parties, and
4 information otherwise generally unavailable to the public, or which may be
5 privileged or otherwise protected from disclosure under state or federal statutes,
6 court rules, case decisions, or common law. Accordingly, to expedite the flow of
7 information, to facilitate the prompt resolution of disputes over confidentiality of
8 discovery materials, to adequately protect information the parties are entitled to
9 keep confidential, to ensure that the parties are permitted reasonable necessary uses
10 of such material in preparation for and in the conduct of trial, to address their
11 handling at the end of the litigation, and serve the ends of justice, a protective
12 order for such information is justified in this matter. It is the intent of the parties
13 that information will not be designated as confidential for tactical reasons and that
14 nothing be so designated without a good faith belief that it has been maintained in
15 a confidential, non-public manner, and there is good cause why it should not be
16 part of the public record of this case.
17 2. DEFINITIONS
18 2.1 Action: This pending federal lawsuit, bearing case number 2:21-cv-
19 06574-VAP-KK
20 2.2 Challenging Party: A Party or Non-Party that challenges the
21 designation of information or items under this Order.
22 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of
23 how it is generated, stored or maintained) or tangible things that qualify for
24 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
25 the Good Cause Statement.
26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
27 their support staff).
28 ///
1 2.5 Designating Party: A Party or Non-Party that designates information
2 or items that it produces in disclosures or in responses to discovery as
3 “CONFIDENTIAL.”
4 2.6 Disclosure or Discovery Material: All items or information, regardless
5 of the medium or manner in which it is generated, stored, or maintained (including,
6 among other things, testimony, transcripts, and tangible things), that are produced
7 or generated in disclosures or responses to discovery in this matter.
8 2.7 Expert: A person with specialized knowledge or experience in a
9 matter pertinent to the litigation who has been retained by a Party or its counsel to
10 serve as an expert witness or as a consultant in this Action.
11 2.8 House Counsel: Attorneys who are employees of a Party to this
12 Action. House Counsel does not include Outside Counsel of Record or any other
13 outside counsel.
14 2.9 Non-Party: Any natural person, partnership, corporation, association,
15 or other legal entity not named as a Party to this action.
16 2.10 Outside Counsel of Record: Attorneys who are not employees of a
17 Party to this Action but are retained to represent or advise a party to this Action
18 and have appeared in this Action on behalf of that Party or are affiliated with a law
19 firm which has appeared on behalf of that Party, and includes support staff.
20 2.11 Party: Any Party to this Action, including all of its officers, directors,
21 employees, consultants, retained experts, and Outside Counsel of Record (and their
22 support staffs).
23 2.12 Producing Party: A Party or Non-Party that produces Disclosure or
24 Discovery Material in this Action.
25 2.13 Professional Vendors: Persons or entities that provide litigation
26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
27 demonstrations, and organizing, storing, or retrieving data in any form or medium)
28 and their employees and subcontractors.
1 2.14 Protected Material: Any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL.”
3 2.15 Receiving Party: A Party that receives Disclosure or Discovery
4 Material from a Producing Party.
5 3. SCOPE
6 The protections conferred by this Stipulation and Order cover not only
7 Protected Material (as defined above), but also: (1) any information copied or
8 extracted from Protected Material; (2) all copies, excerpts, summaries, or
9 compilations of Protected Material; and (3) any testimony, conversations, or
10 presentations by Parties or their Counsel that might reveal Protected Material.
11 Any use of Protected Material at trial shall be governed by the orders of the
12 trial judge. This Order does not govern the use of Protected Material at trial.
13 4. DURATION
14 Once a case proceeds to trial, all of the information that was designated as
15 confidential or maintained pursuant to this protective order becomes public and
16 will be presumptively available to all members of the public, including the press,
17 unless compelling reasons supported by specific factual findings to proceed
18 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City
19 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing
20 “good cause” showing for sealing documents produced in discovery from
21 “compelling reasons” standard when merits-related documents are part of court
22 record). Accordingly, the terms of this protective order do not extend beyond the
23 commencement of the trial.
24 5. DESIGNATING PROTECTED MATERIAL
25 5.1. Exercise of Restraint and Care in Designating Material for Protection.
26 Each Party or Non-Party that designates information or items for protection
27 under this Order must take care to limit any such designation to specific material
28 that qualifies under the appropriate standards. The Designating Party must
1 designate for protection only those parts of material, documents, items or oral or
2 written communications that qualify so that other portions of the material,
3 documents, items or communications for which protection is not warranted are not
4 swept unjustifiably within the ambit of this Order.
5 Mass, indiscriminate or routinized designations are prohibited. Designations
6 that are shown to be clearly unjustified or that have been made for an improper
7 purpose (e.g., to unnecessarily encumber the case development process or to
8 impose unnecessary expenses and burdens on other parties) may expose the
9 Designating Party to sanctions.
10 If it comes to a Designating Party’s attention that information or items that it
11 designated for protection do not qualify for protection, that Designating Party must
12 promptly notify all other Parties that it is withdrawing the inapplicable designation.
13 5.2 Manner and Timing of Designations. Except as otherwise provided in
14 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
16 under this Order must be clearly so designated before the material is disclosed or
17 produced.
18 Designation in conformity with this Order requires:
19 (a) For information in documentary form (e.g., paper or electronic
20 documents, but excluding transcripts of depositions or other pretrial or trial
21 proceedings), that the Producing Party affix at a minimum, the legend
22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
23 contains protected material. If only a portion or portions of the material on a page
24 qualifies for protection, the Producing Party also must clearly identify the
25 protected portion(s) (e.g., by making appropriate markings in the margins).
26 A Party or Non-Party that makes original documents available for inspection
27 need not designate them for protection until after the inspecting Party has indicated
28 which documents it would like copied and produced. During the inspection and
1 before the designation, all of the material made available for inspection shall be
2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
3 documents it wants copied and produced, the Producing Party must determine
4 which documents, or portions thereof, qualify for protection under this Order.
5 Then, before producing the specified documents, the Producing Party must affix
6 the “CONFIDENTIAL legend” to each page that contains Protected Material. If
7 only a portion or portions of the material on a page qualifies for protection, the
8 Producing Party also must clearly identify the protected portion(s) (e.g., by making
9 appropriate markings in the margins).
10 (b) For testimony given in depositions that the Designating Party
11 identify the Disclosure or Discovery Material on the record, before the close of the
12 deposition all protected testimony.
13 (c) For information produced in some form other than documentary
14 and for any other tangible items, that the Producing Party affix in a prominent
15 place on the exterior of the container or containers in which the information is
16 stored the legend “CONFIDENTIAL.” If only a portion or portions of the
17 information warrants protection, the Producing Party, to the extent practicable,
18 shall identify the protected portion(s).
19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
20 failure to designate qualified information or items does not, standing alone, waive
21 the Designating Party’s right to secure protection under this Order for such
22 material. Upon timely correction of a designation, the Receiving Party must make
23 reasonable efforts to assure that the material is treated in accordance with the
24 provisions of this Order.
25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
27 designation of confidentiality at any time that is consistent with the Court’s
28 Scheduling Order.
1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
2 resolution process under Local Rule 37.1 et seq.
3 6.3 The burden of persuasion in any such challenge proceeding shall be
4 on the Designating Party. Frivolous challenges, and those made for an improper
5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
6 parties) may expose the Challenging Party to sanctions. Unless the Designating
7 Party has waived or withdrawn the confidentiality designation, all parties shall
8 continue to afford the material in question the level of protection to which it is
9 entitled under the Producing Party’s designation until the Court rules on the
10 challenge.
11 7. ACCESS TO AND USE OF PROTECTED MATERIAL
12 7.1 Basic Principles. A Receiving Party may use Protected Material that
13 is disclosed or produced by another Party or by a Non-Party in connection with
14 this Action only for prosecuting, defending, or attempting to settle this Action.
15 Such Protected Material may be disclosed only to the categories of persons and
16 under the conditions described in this Order. When the Action has been
17 terminated, a Receiving Party must comply with the provisions of Section 13
18 below (FINAL DISPOSITION).
19 Protected Material must be stored and maintained by a Receiving Party at a
20 location and in a secure manner that ensures that access is limited to the persons
21 authorized under this Order.
22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
23 otherwise ordered by the court or permitted in writing by the Designating Party, a
24 Receiving Party may disclose any information or item designated
25 “CONFIDENTIAL” only to:
26 (a) The Receiving Party’s Outside Counsel of Record in this
27 Action, as well as employees of said Outside Counsel of Record to whom it is
28 reasonably necessary to disclose the information for this Action;
1 (b) The officers, directors, and employees (including House
2 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
3 this Action;
4 (c) Experts (as defined in this Order) of the Receiving Party to
5 whom disclosure is reasonably necessary for this Action and who have signed the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 (d) The court and its personnel;
8 (e) Court reporters and their staff;
9 (f) Professional jury or trial consultants, mock jurors, and
10 Professional Vendors to whom disclosure is reasonably necessary for this Action
11 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
12 A);
13 (g) The author or recipient of a document containing the
14 information or a custodian or other person who otherwise possessed or knew the
15 information;
16 (h) During their depositions, witnesses, and attorneys for witnesses,
17 in the Action to whom disclosure is reasonably necessary provided: (i) the
18 deposing party requests that the witness sign the form attached as Exhibit A hereto;
19 and (ii) they will not be permitted to keep any confidential information unless they
20 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
21 otherwise agreed by the Designating Party or ordered by the court. Pages of
22 transcribed deposition testimony or exhibits to depositions that reveal Protected
23 Material may be separately bound by the court reporter and may not be disclosed
24 to anyone except as permitted under this Stipulated Protective Order; and
25 (i) Any mediator or settlement officer, and their supporting
26 personnel, mutually agreed upon by any of the parties engaged in settlement
27 discussions.
28 ///
1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must:
6 (a) Promptly notify in writing the Designating Party. Such notification
7 shall include a copy of the subpoena or court order;
8 (b) Promptly notify in writing the party who caused the subpoena or order
9 to issue in the other litigation that some or all of the material covered by the
10 subpoena or order is subject to this Protective Order. Such notification shall
11 include a copy of this Stipulated Protective Order; and
12 (c) Cooperate with respect to all reasonable procedures sought to be
13 pursued by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served
15 with the subpoena or court order shall not produce any information designated in
16 this action as “CONFIDENTIAL” before a determination by the court from which
17 the subpoena or order issued, unless the Party has obtained the Designating Party’s
18 permission. The Designating Party shall bear the burden and expense of seeking
19 protection in that court of its confidential material and nothing in these provisions
20 should be construed as authorizing or encouraging a Receiving Party in this Action
21 to disobey a lawful directive from another court.
22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
23 PRODUCED IN THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a
25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
26 produced by Non-Parties in connection with this litigation is protected by the
27 remedies and relief provided by this Order. Nothing in these provisions should be
28 construed as prohibiting a Non-Party from seeking additional protections.
1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-Party’s confidential information in its possession, and the Party is
3 subject to an agreement with the Non-Party not to produce the Non-Party’s
4 confidential information, then the Party shall:
5 (i) Promptly notify in writing the Requesting Party and the Non-
6 Party that some or all of the information requested is subject to a confidentiality
7 agreement with a Non-Party;
8 (ii) Promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a reasonably
10 specific description of the information requested; and
11 (iii) Make the information requested available for inspection by the
12 Non-Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this court within
14 14 days of receiving the notice and accompanying information, the Receiving
15 Party may produce the Non-Party’s confidential information responsive to the
16 discovery request. If the Non-Party timely seeks a protective order, the Receiving
17 Party shall not produce any information in its possession or control that is subject
18 to the confidentiality agreement with the Non-Party before a determination by the
19 court. Absent a court order to the contrary, the Non-Party shall bear the burden
20 and expense of seeking protection in this court of its Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has
23 disclosed Protected Material to any person or in any circumstance not authorized
24 under this Stipulated Protective Order, the Receiving Party must immediately (a)
25 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
26 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
27 the person or persons to whom unauthorized disclosures were made of all the terms
28 of this Order, and (d) request such person or persons to execute the
1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
2 A.
3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR
4 OTHERWISE PROTECTED MATERIAL
5 When a Producing Party gives notice to Receiving Parties that certain
6 inadvertently produced material is subject to a claim of privilege or other
7 protection, the obligations of the Receiving Parties are those set forth in Federal
8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
9 whatever procedure may be established in an e-discovery order that provides for
10 production without prior privilege review. Pursuant to Federal Rule of Evidence
11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
12 of a communication or information covered by the attorney-client privilege or
13 work product protection, the parties may incorporate their agreement in the
14 stipulated protective order submitted to the court.
15 12. MISCELLANEOUS
16 12.1 Right to Further Relief. Nothing in this Order abridges the right of
17 any person to seek its modification by the Court in the future.
18 12.2 Right to Assert Other Objections. By stipulating to the entry of this
19 Protective Order no Party waives any right it otherwise would have to object to
20 disclosing or producing any information or item on any ground not addressed in
21 this Stipulated Protective Order. Similarly, no Party waives any right to object on
22 any ground to use in evidence of any of the material covered by this Protective
23 Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any
25 Protected Material must comply with Civil Local Rule 79-5. Protected Material
26 may only be filed under seal pursuant to a court order authorizing the sealing of the
27 specific Protected Material at issue. If a Party’s request to file Protected Material
28 under seal is denied by the court, then the Receiving Party may file the information
1 in the public record unless otherwise instructed by the court.
2 13. FINAL DISPOSITION
3 After the final disposition of this Action, within 60 days of a written request
4 by the Designating Party, each Receiving Party must return all Protected Material
5 to the Producing Party or destroy such material. As used in this subdivision, “all
6 Protected Material” includes all copies, abstracts, compilations, summaries, and
7 any other format reproducing or capturing any of the Protected Material. Whether
8 the Protected Material is returned or destroyed, the Receiving Party must submit a
9 written certification to the Producing Party (and, if not the same person or entity,
10 to the Designating Party) by the 60 day deadline that (1) identifies (by category,
11 where appropriate) all the Protected Material that was returned or destroyed and
12 (2) affirms that the Receiving Party has not retained any copies, abstracts,
13 compilations, summaries or any other format reproducing or capturing any of the
14 Protected Material. Notwithstanding this provision, Counsel are entitled to retain
15 an archival copy of all pleadings, motion papers, trial, deposition, and hearing
16 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
17 reports, attorney work product, and consultant and expert work product, even if
18 such materials contain Protected Material.
19 14. VIOLATION
20 Any violation of this Order may be punished by any and all appropriate
21 measures including, without limitation, contempt proceedings and/or monetary
22 sanctions.
23 ///
24
25 ///
26 ///
27 ///
28 ///
1 |} IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3 || DATED: December 14, 2021 V. JAMES DESIMONE LAW
/s/ Ryann Hall
5 By:
6 V. JAMES DESIMONE
CARMEN D. SABATER
7 RYANN HALL
g Attorneys for Plaintiffs
DATED: December 14, 2021 CARPENTER, ROTHANS & DUMONT
10
/s/ Danielle Foster
I] By:
12 JILL WILLIAMS
13 DANIELLE C. FOSTER
Attorneys for Defendants County of Los
14 Angeles and Sheriff Alex Villanueva
15
Local Rule 5-4.3.4
16
All other signatories listed, and on whose behalf the filing is submitted,
17
concur in the filing’s content and have authorized the filing.
18
19
20
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
21
0 aly A gern
DATED: December 14, 2021
23 Honorable Kenly Kiya Kato
United States Magistrate Judge
25
26
27
28
_14-
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [date] in the case of Rodriguez v. County of Los Angeles, Case No. 2:21-cv-
8
06574-VAP-KK. I agree to comply with and to be bound by all the terms of this
9
Stipulated Protective Order and I understand and acknowledge that failure to so
10
comply could expose me to sanctions and punishment in the nature of contempt. I
11
solemnly promise that I will not disclose in any manner any information or item
12
that is subject to this Stipulated Protective Order to any person or entity except in
13
strict compliance with the provisions of this Order. I further agree to submit to the
14
jurisdiction of the United States District Court for the Central District of California
15
for the purpose of enforcing the terms of this Stipulated Protective Order, even if
16
such enforcement proceedings occur after termination of this action. I hereby
17
appoint __________________________ [print or type full name] of
18
_______________________________________ [print or type full address and
19
telephone number] as my California agent for service of process in connection with
20
this action or any proceedings related to enforcement of this Stipulated Protective
21
Order.
22
Date: ______________________________________
23
City and State where sworn and signed: _________________________________
24
25
Printed name: _______________________________
26
27
Signature: __________________________________
28