The opinion
11 THE SEHAT LAW FIRM, PLC
Cameron Sehat, Esq. (SBN: 256535)
22 Jeffrey Mikel, Esq
5100 Campus Dr.,, Suite 200
33 Newport Beach, CA 92660
Telephone: (949) 825-5200
44 Facsimile: (949) 313-5001
Email: Cameron@sehatlaw.com
55
66
Attorney for Plaintiffs, Michael Goulding, Tomas Castro and Jessica Castro
77
88
UNITED STATES DISTRICT COURT
99 CENTRAL DISTRICT OF CALIFORNIA
1100
MICHAEL GOULDING, individually Case No: 8:23-CV-02332-MRA-KES
1111 and as Personal Representative of the
Estate of Jana Goulding, Deceased; Hon. Monica Ramirez Almadani
1122
TOMAS CASTRO, individually and as Magistrate Judge Karen E. Scott
1133 Personal Representative of the Estate
of Jana Goulding, JESSICA CASTRO, [PROPOSED] STIPULATED
1144
individually and as Personal PROTECTIVE ORDER
1155 Representative of the Estate of Jana
Goulding,
1166
1177 Plaintiffs,
vs.;
1188
1199 CITY OF PLACENTIA,
a Governmental Entity; Officer
2200
PEREZ, individually and DOES 1
2211 through 10, inclusive,
2222
Defendants.
2233
2244
2255
2266
2277
11
1. A. PURPOSES AND LIMITATIONS
22
Discovery in this action is likely to involve production of confidential,
33
proprietary, or private information for which special protection from
44
public disclosure and from use for any purpose other than prosecuting this
55
litigation may be warranted. Accordingly, the parties hereby stipulate to and
66
petition the Court to enter the following Stipulated Protective Order. The parties
77
acknowledge that this Order does not confer blanket protections on all
88
disclosures or responses to discovery and that the protection it affords from
99
public disclosure and use extends only to the limited information or items that
1100
are entitled to confidential treatment under the applicable legal principles. The
1111
parties further acknowledge, as set forth in Section 12.3, below, that this
1122
Stipulated Protective Order does not entitle them to file confidential information
1133 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed
1144 and the standards that will be applied when a party seeks permission from the court
1155 to file material under seal.
1166
1177 B. GOOD CAUSE STATEMENT
1188 The Parties represent that pre-trial discovery in this case is likely to include
1199 the production of information and/or documents that are confidential and/or
2200 privileged, including the production of peace officer personnel file information
2211 and/or documents which the Parties agree includes: (1) Personal data, including
2222 marital status, family members, educational and employment history, home
2233 addresses, or similar information; (2) Medical history; (3) Police officer employee
2244 personnel file; (4) Employee advancement, appraisal, or discipline; (5) Evidence
2255 gathered by law enforcement as part of an ongoing criminal investigation (6)
2266 Complaints, or investigations of complaints, concerning an event or transaction in
2277 which a peace officer participated, or which a peace officer perceived, and
pertaining to the manner in which the peace officer performed his or her duties
11
including compelled statements by peace officers unless specifically denoted as
22
“not confidential” pursuant to Penal Code section 832.7. Defendants contend that
33
such information is privileged as official information. Sanchez v. City of Santa
44
Ana, 936 F.2d 1027, 1033 (9th Cir. Cal. 1990); see also Kerr v. United States
55
Dist. Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir.1975), aff'd, 426 U.S. 394, 96
66
S.Ct. 2119, 48 L.Ed.2d 725 (1976).
77
The incident at issue in this action involves events that include a vehicular
88
collision. Officers of the Anaheim Police Department responded to the collision,
99
investigated and gathered evidence, and the Orange County District Attorney’s
1100
office is currently prosecuting the driver for gross vehicular manslaughter while
1111
intoxicated and six other felony charges. Discovery may require the production of
1122
certain Anaheim Police Department investigative findings and materials that are
1133
privileged and confidential during the pendency of the criminal prosecution. This
1144
information and materials are not available to the public and public disclosure at
1155
this time could risk compromising the underlying criminal prosecution, and/or
1166
impeding further investigation.. In addition to the aforesaid investigative findings
1177
and materials, Peace officer personnel file information and/or documents and
1188
security-sensitive policies and procedures are hereinafter referred to as
1199
"Confidential Information".
2200
The parties contend that that public disclosure of such material poses a
2211
substantial risk and jeopardy to the underlying criminal prosecution. Finally, the
2222
parties contend that the benefit of public disclosure of Confidential Information is
2233
minimal while the potential disadvantages are great.
2244
Accordingly, good cause exists for entry of this Protective Order to
2255
facilitate pre-trial disclosure to allow the parties to support their claims and
2266
defenses while assuring the safety of these sensitive disclosures. See Fed. R. Civ.
2277
Proc. 26(c).
11
22
2. DEFINITIONS
33 2.1 Action: Goulding, Tomas et al v. City of Placentia et al case no. :8:23-
44 CV-02332-MRA-KES 2.2 Challenging Party: a Party or Non-Party that
55 challenges the designation of information or items under this Order.
66 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
77 it is generated, stored or maintained) or tangible things that qualify for protection
88 under Federal Rule of Civil Procedure 26(c), and as specified above in the
99 Good Cause Statement.
1100 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
1111 their support staff).
2.5 Designating Party: a Party or Non-Party that designates information or
1122
items that it produces in disclosures or in responses to discovery as
1133
“CONFIDENTIAL.”
1144
2.6 Disclosure or Discovery Material: all items or information, regardless of
1155
the medium or manner in which it is generated, stored, or maintained (including,
1166
among other things, testimony, transcripts, and tangible things), that are produced
1177
or generated in disclosures or responses to discovery in this matter.
1188
2.7 Expert: a person with specialized knowledge or experience in a matter
1199
pertinent to the litigation who has been retained by a Party or its counsel to serve
2200
as an expert witness or as a consultant in this Action.
2211
2.8 House Counsel: attorneys who are employees of a party to this Action.
2222
House Counsel does not include Outside Counsel of Record or any other
2233 outside counsel.
2244
2.9 Non-Party: any natural person, partnership, corporation, association, or
2255
other legal entity not named as a Party to this action.
2266 2.10 Outside Counsel of Record: attorneys who are not employees of a
2277 party to this Action but are retained to represent or advise a party to this Action
11
law firm which has appeared on behalf of that party, and includes support staff.
22
2.11 Party: any party to this Action, including all of its officers, directors,
33 employees, consultants, retained experts, and Outside Counsel of Record (and
44 their support staffs).
55 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
66 Discovery Material in this Action.
77 2.13 Professional Vendors: persons or entities that provide litigation
88 support services (e.g., photocopying, videotaping, translating, preparing exhibits
99 or demonstrations, and organizing, storing, or retrieving data in any form or
1100 medium) and their employees and subcontractors.
1111 2.14 Protected Material: any Disclosure or Discovery Material that is designated
as “CONFIDENTIAL.”
1122
2.15 Receiving Party: a Party that receives Disclosure or
1133
Discovery Material from a Producing Party.
1144
1155
3. SCOPE
1166
The protections conferred by this Stipulation and Order cover not only Protected
1177
Material (as defined above), but also (1) any information copied or extracted from
1188
Protected Material; (2) all copies, excerpts, summaries, or compilations of
1199
Protected Material; and (3) any testimony, conversations, or presentations by
2200
Parties or their Counsel that might reveal Protected Material.
2211
Any use of Protected Material at trial shall be governed by the orders of the trial
2222
judge. This Order does not govern the use of Protected Material at trial.
2233
2244
4. DURATION
2255
Once a case proceeds to trial, except for peace officer personnel files all of the
2266
information that was designated as confidential or maintained pursuant to this
2277
protective order becomes public and will be presumptively available to all
11
members of the public, including the press, unless compelling reasons supported
22
by specific factual findings to proceed otherwise are made to the trial judge in
33 advance of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d
44 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing
55 documents produced in discovery from “compelling reasons” standard when
66 merits-related documents are part of court record). Accordingly, the terms of this
77 protective order do not extend beyond the commencement of the trial.
88
99 5. DESIGNATING PROTECTED MATERIAL
1100 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
Party or Non-Party that designates information or items for protection under this
1111
Order must take care to limit any such designation to specific material that
1122
qualifies under the appropriate standards. The Designating Party must designate
1133
for protection only those parts of material, documents, items, or oral or written
1144
communications that qualify so that other portions of the material,
1155
documents, or communications for which protection is not warranted are not
1166
swept unjustifiably within the ambit of this Order.
1177
Mass, indiscriminate, or routinized designations are prohibited. Designations that
1188
are shown to be clearly unjustified or that have been made for an improper
1199
purpose (e.g., to unnecessarily encumber the case development process or to
2200
impose unnecessary expenses and burdens on other parties) may expose the
2211
Designating Party to sanctions.
2222 If it comes to a Designating Party’s attention that information or items that it
2233 designated for protection do not qualify for protection, that Designating Party
2244 must promptly notify all other Parties that it is withdrawing the inapplicable
2255 designation.
2266 5.2 Manner and Timing of Designations. Except as otherwise provided in this
2277 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for
11
protection under this Order must be clearly so designated before the material is
22
disclosed or produced.
33 Designation in conformity with this Order requires:
44 (a) for information in documentary form (e.g., paper or electronic documents,
55 but excluding transcripts of depositions or other pretrial or trial proceedings), that
66 the Producing Party affix at a minimum, the legend “CONFIDENTIAL”
77 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected
88 material. If only a portion or portions of the material on a page qualifies for
99 protection, the Producing Party also must clearly identify the protected portion(s)
1100 (e.g., by making appropriate markings in the margins).
1111 A Party or Non-Party that makes original documents available for inspection need
not designate them for protection until after the inspecting Party has indicated
1122
which documents it would like copied and produced. During the inspection and
1133
before the designation, all of the material made available for inspection shall be
1144
deemed “CONFIDENTIAL.” After the inspecting Party has identified
1155
the documents it wants copied and produced, the Producing Party must determine
1166
which documents, or portions thereof, qualify for protection under this Order.
1177
Then, before producing the specified documents, the Producing Party must affix
1188
the “CONFIDENTIAL legend” to each page that contains Protected Material. If
1199
only a portion or portions of the material on a page qualifies for protection, the
2200
Producing Party also must clearly identify the protected portion(s) (e.g., by
2211
making appropriate markings in the margins).
2222 (b) for testimony given in depositions that the Designating Party (or if the
2233 Designating party is a non-party not present at the deposition, the Receiving Party)
2244 identify the Disclosure or Discovery Material on the record, before the
2255 close of the deposition all protected testimony.
2266 (c) for information produced in some form other than documentary and for
2277 any other tangible items, that the Producing Party affix in a prominent place on
the exterior of the container or containers in which the information is stored
11
the legend “CONFIDENTIAL.” If only a portion or portions of the
22
information warrants protection, the Producing Party, to the extent practicable,
33 shall identify the protected portion(s).
44 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
55 failure to designate qualified information or items does not, standing alone,
66 waive the Designating Party’s right to secure protection under this Order for such
77 material. Upon timely correction of a designation, the Receiving Party must make
88 reasonable efforts to assure that the material is treated in accordance with the
99 provisions of this Order.
1100
1111 6. CHALLENGING CONFIDENTIALITY
DESIGNATIONS
1122
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
1133
designation of confidentiality at any time that is consistent with the Court’s
1144
Scheduling Order.
1155
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
1166
resolution process under Local Rule 37.1 et seq. or follow the procedures
1177
for informal, telephonic discovery hearings on the Court's website.
1188
6.3 The burden of persuasion in any such challenge proceeding shall be
1199
on the Designating Party. Frivolous challenges, and those made for
2200
an improper purpose (e.g., to harass or impose unnecessary
2211
expenses and burdens on other parties) may expose the Challenging
2222
Party to sanctions. Unless the Designating Party has waived or withdrawn
2233
the confidentiality designation, all parties shall continue to afford the
2244
material in question the level of protection to which it is entitled
2255
under the Producing Party’s designation until the Court rules on the
2266 challenge.
2277 7. ACCESS TO AND USE OF PROTECTED MATERIAL
11
disclosed or produced by another Party or by a Non-Party in connection with this
22
Action only for prosecuting, defending, or attempting to settle this Action. Such
33 Protected Material may be disclosed only to the categories of persons and under
44 the conditions described in this Order. When the Action has been
55 terminated, a Receiving Party must comply with the provisions of section 13
66 below (FINAL DISPOSITION).
77 Protected Material must be stored and maintained by a Receiving Party at a
88 location and in a secure manner that ensures that access is limited to the persons
99 authorized under this Order.
1100 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
1111 otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated
1122
“CONFIDENTIAL” only to:
1133
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
1144
employees of said Outside Counsel of Record to whom it is reasonably necessary
1155
to disclose the information for this Action;
1166
b) the officers, directors, and employees (including House Counsel) of the
1177
Receiving Party to whom disclosure is reasonably necessary for this Action;
1188
(c) Experts (as defined in this Order) of the Receiving Party to whom
1199
disclosure is reasonably necessary for this Action and who have signed the
2200
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
2211
(d) the court and its personnel;
2222
(e) court reporters and their staff;
2233
(f) professional jury or trial consultants, mock jurors, and Professional Vendors
2244
to whom disclosure is reasonably necessary for this Action and who have signed
2255
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2266 (g) the author or recipient of a document containing the information or a
2277 custodian or other person who otherwise possessed or knew the information;
11
to whom disclosure is reasonably necessary provided: (1) the deposing party
22
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
33 will not be permitted to keep any confidential information unless they sign the
44 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
55 otherwise agreed by the Designating Party or ordered by the court. Pages of
66 transcribed deposition testimony or exhibits to depositions that reveal Protected
77 Material may be separately bound by the court reporter and may not be disclosed
88 to anyone except as permitted under this Stipulated Protective Order; and
99 (i) any mediator or settlement officer, and their supporting personnel, mutually
1100 agreed upon by any of the parties engaged in settlement discussions.
1111
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
1122
PRODUCED IN OTHER LITIGATION
1133
If a Party is served with a subpoena or a court order issued in other litigation that
1144
compels disclosure of any information or items designated in this Action as
1155
“CONFIDENTIAL,” that Party must:
1166
(a) promptly notify in writing the Designating Party. Such notification shall
1177
include a copy of the subpoena or court order;
1188
(b) promptly notify in writing the party who caused the subpoena or order to
1199
issue in the other litigation that some or all of the material covered by the
2200
subpoena or order is subject to this Protective Order. Such notification shall
2211
include a copy of this Stipulated Protective Order; and
2222
(c) cooperate with respect to all reasonable procedures sought to be pursued by
2233 the Designating Party whose Protected Material may be affected.
2244 If the Designating Party timely seeks a protective order, the Party served with the
2255 subpoena or court order shall not produce any information designated in this
2266 action as “CONFIDENTIAL” before a determination by the court from which the
2277 subpoena or order issued, unless the Party has obtained the Designating Party’s
permission. The Designating Party shall bear the burden and expense of seeking
11
protection in that court of its confidential material and nothing in these provisions
22
should be construed as authorizing or encouraging a Receiving Party in this
33 Action to disobey a lawful directive from another court.
44
55 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
66 BE PRODUCED IN THIS LITIGATION
77 (a) The terms of this Order are applicable to information produced by a Non-
88 Party in this Action and designated as “CONFIDENTIAL.” Such information
99 produced by Non-Parties in connection with this litigation is protected by the
1100 remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
1111
1122 (b) In the event that a Party is required, by a valid discovery request, to produce
1133 a Non-Party’s confidential information in its possession, then the Party shall:
1144 (1) promptly notify in writing the Requesting Party and the Non-Party that some
or all of the information requested is subject to a confidentiality agreement
1155
with a Non-Party;
1166
(2) promptly provide the Non-Party with a copy of the Stipulated Protective
1177
Order in this Action, the relevant discovery request(s), and a reasonably specific
1188
description of the information requested; and
1199
(3) make the information requested available for inspection by the
2200
Non-Party, if requested.
2211
(c) If the Non-Party fails to seek a protective order from this court within
2222
14 days of receiving the notice and accompanying information, the Receiving
2233
Party may produce the Non-Party’s confidential information responsive to the
2244
discovery request. If the Non-Party timely seeks a protective order, the Receiving
2255 Party shall not produce any information in its possession or control that is
2266 subject to this order, or any confidentiality agreement with the Non-Party,
2277 before a determination by the court. Absent a court order to the contrary, the
11
of its Protected Material.
22
33 10. UNAUTHORIZED DISCLOSURE OF PROTECTED
44 MATERIAL
55
66 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
77 Protected Material to any person or in any circumstance not authorized under this
88 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
99 writing the Designating Party of the unauthorized disclosures, (b) use its best
1100 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
1111 person or persons to whom unauthorized disclosures were made of all the terms of
this Order, and (d) request such person or persons to execute the
1122
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
1133
A. INADVERTENT PRODUCTION OF PRIVILEGED OR
1144
OTHERWISE PROTECTED MATERIAL
1155
When a Producing Party gives notice to Receiving Parties that certain
1166
inadvertently produced material is subject to a claim of privilege or other
1177
protection, the obligations of the Receiving Parties are those set forth in Federal
1188
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
1199
whatever procedure may be established in an e-discovery order that provides
2200
for production without prior privilege review. Pursuant to Federal Rule of
2211
Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of
2222 disclosure of a communication or information covered by the attorney-client
2233 privilege or work product protection, the parties may incorporate their agreement
2244 in the stipulated protective order submitted to the court.
2255
2266 12. MISCELLANEOUS
2277
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
11
person to seek its modification by the Court in the future.
22
12.2 Right to Assert Other Objections. By stipulating to the entry of this
33 Protective Order no Party waives any right it otherwise would have to object to
44 disclosing or producing any information or item on any ground not addressed in
55 this Stipulated Protective Order. Similarly, no Party waives any right to object on
66 any ground to use in evidence of any of the material covered by this Protective
77 Order.
88 12.3 Filing Protected Material. A Party that seeks to file under seal any
99 Protected Material must comply with Civil Local Rule 79-5. Protected Material
1100 may only be filed under seal pursuant to a court order authorizing the sealing of
1111 the specific Protected Material at issue. If a Party's request to file Protected
Material under seal is denied by the court, then the Receiving Party may file the
1122
information in the public record only after providing the designating party with
1133
notice and opportunity to object, and unless otherwise instructed by the court.
1144
13. FINAL DISPOSITION
1155
1166
After the final disposition of this Action, as defined in paragraph 4, within 60 days
1177
of a written request by the Designating Party, each Receiving Party must return all
1188
Protected Material to the Producing Party or destroy such material. As used in
1199
this subdivision, “all Protected Material” includes all copies, abstracts,
2200
compilations, summaries, and any other format reproducing or capturing any of
2211
the Protected Material. Whether the Protected Material is returned or destroyed,
2222
the Receiving Party must submit a written certification to the Producing Party
2233
(and, if not the same person or entity, to the Designating Party) by the 60 day
2244
deadline that (1) identifies (by category, where appropriate) all the Protected
2255 Material that was returned or destroyed and (2)affirms that the Receiving
2266 Party has not retained any copies, abstracts, compilations, summaries or any
2277 other format reproducing or capturing any of the Protected Material.
11
all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
22
memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
33 work product, and consultant and expert work product, even if such materials
44 contain Protected Material. Any such archival copies that contain or constitute
55 Protected Material remain subject to this Protective Order as set forth in Section 4
66 (DURATION).
77
88 14. Any violation of this Order may be punished by any and all
99 appropriate measures including, without limitation, contempt proceedings
1100 sanctions and/or monetary sanctions.
1111
1122 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
1133
DATED 3/15/2024
1144
1155 Attorneys for Plaintiff /s/ Cameron Sehat
1166
1177 DATED: 3/15/2024
1188
1199
2200 Attorneys for Defendant /s/ Michael L. Wroniak
2211
2222
2233 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2244
DATED: March 18, 2024
2255
__________________________________
2266 Hon. Karen E. Scott
United States Magistrate Judge
2277
11 EXHIBIT A
22 ACKNOWLEDGMENT AND AGREEMENT TO BE
BOUND
33
44 I, [print or type full address], of
55 ____________________ declare under penalty that I have read in its entirety
66 and understand the Stipulated Protective Order that was issued by the United
77 States District Court for the Central District of California on [date] in the case of
88 [insert formal name of the case and the number and initials assigned to it
99 by the court]. I agree to comply with and to be bound by all the terms of this
1100 Stipulated Protective Order and I understand and acknowledge that failure to so
1111 comply could expose me to sanctions and punishment in the nature of contempt. I
1122 solemnly promise that I will not disclose in any manner any information or item
1133 that is subject to this Stipulated Protective Order to any person or entity except in
1144 strict compliance with the provisions of this Order.
1155 I further agree to submit to the jurisdiction of the United States District Court for
1166 the Central District of California for the purpose of enforcing the terms of
1177 this Stipulated Protective Order, even if such enforcement proceedings occur after
1188 termination of this action. I hereby appoint
1199 [print or type full name] of [print
2200 or type full address and telephone number] as my California agent for service of
2211 process in connection with this action or any proceedings related to enforcement
2222 of this Stipulated Protective Order.
2233 Date:
2244 City and State where sworn and signed:
2255
2266 Printed name:
2277
Signature: ______________