2 4 6 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 |) CHRISTOPHER STREET, an ) CASE NO. 18-cv-7805 — GW (JEMx) 12. || individual, ) [Assigned to the Hon. George H. Wu - ) Courtroom 9D] 13 Plaintiffs, ) 14 ) {2BQPOSEBYPROTECTIVE ORDER vs. ) 15 ) 16 ||} COUNTY OF LOS ANGELES, a ) Complaint Filed: November 27, 2018 Municipal Corporation; LOS ) 17 || ANGELES COUNTY SHERIFF’S ) Trial Date: None 1s |} DEPARTMENT; LOS ANGELES )

COUNTY SHERIFF JAMES )

19 || McDONNELL; LOS ANGELES ) 290 || COUNTY SHERIFF’S DEPUTY J.)

LIVINGSTON; LOS ANGELES )

21 ||COUNTY SHERIFF’S DEPUTY J. _ ) 22 || VIGOR; and DOES 1-100, ) ) a3 Defendants. ) ff) 35 TO THE PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 6 Based upon the stipulation of the parties and GOOD CAUSE APPEARING, IT

, IS ORDERED THAT pursuant to Federal Rules of Civil Procedure Rule 26(c), the following information is protected and precluded from publication as follows: 28

STEWART | 2/50!

So, Pesadane, CA 91050 [PROPOSED] PROTECTIVE ORDER

I 1. Information contained in the personnel file of DEPUTY J. LIVINGSTON 2 |lincluding citizen complaints and/or complaints initiated by other law enforcement 3 ||personnel, within the last five (5) years that assert any of the following allegations: 4 || excessive use of force or dishonesty. 5 2. Information contained in the personnel file of DEPUTY J. VIGER 6 |/including citizen complaints and/or complaints initiated by other law enforcement 7 ||personnel, within the last five (5) years that assert any of the following allegations: 8 excessive use of force or dishonesty. 9 3. Information contained in the investigation report into the incident that is 10 ||the subject of this lawsuit. 11 4. Good cause exists for issuance of a protective order pursuant to Federal 12 ||Rule of Civil Procedure Rule 26 subdivision (c) to facilitate the production of 13 ||documents and information responsive to the discovery requests of Plaintiff 14 || CHRISTOPHER STREET and to balance the privacy interests and protection of 15 || information of DEPUTY LIVINGSTON and DEPUTY VIGER that DEFENDANTS 16 ||contend is protected by California Evidence Code section 1040 et seq., the privilege 17 || for official information (Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1g || 1990)), and California Penal Code section 832.5 et seq. and California Evidence Code 19 ||Sections 1043 and 1045. Good cause further exists because if this confidential 29 ||information were made public in this proceeding, it could allow for misuse of the 41 ||Ppeace officer personnel information and other official information in other judicial 37 ||and administrative proceedings. Additionally, all named defendants are currently 33 || active peace officers, some or all of whom regularly work in the field; therefore, if 34 || this confidential information were made public, the information could be misused in a5 || Ways that endanger the lives of the officers and their families and/or interfere with 36 their law enforcement duties. 7 IT IS FURTHER ORDERED THAT: 48 5. The information and/or documentation referred to in paragraphs | through

| BROPOSED] PROTECTIVE ORDER

1 |/3 above will be referred to collectively as the “CONFIDENTIAL INFORMATION.” 2 |The Court orders that the CONFIDENTIAL INFORMATION be released to ||PLAINTIFF’s counsel for purposes of litigation in this matter. The parties and their 4 || respective counsel hereby stipulate that the CONFIDENTIAL INFORMATION shall 5 ||be used in this litigation as follows: 6 a. CONFIDENTIAL INFORMATION shall be used solely in 7 connection with this litigation and the preparation of this case, or any 8 related appellate proceeding, and not for any other purpose, 9 including any other litigation or administrative proceedings. Further, 10 PLAINTIFF’s Counsel agrees that the actual personnel files shall not 1 be shared with PLAINTIFF although counsel may discuss 12 information obtained from those documents with PLAINTIFF. 13 b. CONFIDENTIAL INFORMATION produced in this action may be 14 designated by DEFENDANTS by marking each page of the 15 document(s) with a stamp stating “CONFIDENTIAL”; 16 c. At any time after receipt of documents labeled “CONFIDENTIAL,” 17 PLAINTIFF may provide DEFENDANTS with a written objection 18 to the classification of specific documents as “CONFIDENTIAL” 19 and the basis for PLAINTIFF’s objection. Upon receipt of such 20 written objection, the DEFENDANTS shall provide a written 21 response to PLAINTIFF within three business days. If the 22 DEFENDANTS do not agree with the position of PLAINTIFF, the 23 PLAINTIFF shall have the option of proceeding with a discovery 24 motion, pursuant to Local Rule 37 et seq., contesting the confidential 25 nature of the disputed documents. The parties shall comply with the 26 meet and confer requirements of Local 37 ef seg. prior to the filing 27 of any such motion. The DEFENDANTS shall bear the burden of 28 establishing the confidential nature of the disputed documents. || ——___— PROPOSED] PROTECTIVE ORDER

1 d. Under no _ circumstances shall the CONFIDENTIAL 2 INFORMATION, or the information contained therein, be retained, 3 compiled, stored, used as a database, or disseminated, in any form, 4 except for purposes of this litigated matter in accordance with this 5 Protective Order or by further order of the Court; 6 e. DEFENDANTS reserve all objections, including but not limited to 7 the following objections: on grounds that particular documents are 8 CONFIDENTIAL by the attorney-client and/or the attorney work 9 product doctrine; official information privilege; are not likely to lead 10 to the discovery of admissible evidence, and as such are not relevant 11 to the causes of action raised by this lawsuit under Federal Rules of 12 Civil Procedure, Rule 26 subdivision (a)(1)(A)(B); and all remedies 13 under the code, including the right to recess the deposition to bring a 14 protective order before the Court; 15 f. PLAINTIFF reserves all rights and remedies under the Federal Rules 16 of Civil Procedure and the Federal Rules of Evidence pertaining to 17 discovery; 18 g. CONFIDENTIAL INFORMATION and the information contained 19 therein may not be disclosed, except as set forth in paragraph 5(h) 20 below; 21 h. CONFIDENTIAL INFORMATION may only be disclosed to the 22 following persons: 23 i. Counsel for PLAINTIFF. 24 ii. Paralegal, law clerk, stenographic, clerical and secretarial 25 personnel regularly employed by counsel referred to in 26 paragraph 5(h)(i) above. 27 ili. Court personnel, including stenographic reporters, necessary for 28 the preparation and processing of this action. || [PROPOSED] PROTECTIVE ORDER

1 iv. Any expert or consultant retained in the instant case. 2 v. Any individual approved by the Court. 3 vi. PLAINTIFF shall be authorized to review CONFIDENTIAL 4 INFORMATION, subject to the limitations set forth in 5 paragraph S(a). 6 i. CONFIDENTIAL INFORMATION shall not be divulged to any 7 other person or entities, including the print, radio, Internet, or 8 television media; 9 j. CONFIDENTIAL INFORMATION shall not be posted on the 10 Internet or on any website; i k. If CONFIDENTIAL INFORMATION is included in any papers to 12 be filed in Court, such papers shall be labeled “Confidential — Subject 13 to Court Order” and filed under seal until further order of the Court; 14 |. In the event that any of the CONFIDENTIAL INFORMATION is 15 used in any Court proceeding in this action, it shall not lose its 16 confidential status through such use, and the party using 17 CONFIDENTIAL INFORMATION shall take all reasonable steps 18 to maintain its confidentiality during such use; and 19 m. Nothing in paragraph S(d) is intended to prevent authorized 20 government officials for the County of Los Angeles from having 21 access to the documents if they had access in the normal course of 22 their job duties; 23 6. PLAINTIFF, PLAINTIFF’s Counsel, DEFENDANTS, and 24 DEFENDANTS’ Counsel shall cause the substance of this Protective Order to be 25 |icommunicated to each person to whom CONFIDENTIAL INFORMATION is 26 |/revealed and shall obtain agreement to abide by the Protective Order from each such 27 || person. 28 7. After completion of the judicial process in this case, including any appeals

PROPOSED] PROTECTIVE ORDER

1 || or other termination of this litigation, all CONFIDENTIAL INFORMATION received 2 || under the provisions of this Order and copies thereof shall be destroyed or returned to 3 || the attorneys of record for DEFENDANTS, Collins Collins Muir + Stewart LLP, 1100 4 ||El Centro Street, South Pasadena, CA 91030. This case shall be completed when (1) a 5 || final judgment has been entered by the Court or the case has otherwise been dismissed 6 || with prejudice; (ii) the time for any objection to or request for reconsideration of such 7 |la judgment or dismissal has expired; (iii) all available appeals have concluded or the 8 |Itime for such appeals has expired; and (iv) any post appeal proceedings have 9 || themselves concluded. The provisions of this Order shall be in effect until further order 10 |! of this Court. 11 8. Any counsel, expert or consultant retained in the instant case or 12 |l investigator retained by counsel for any party to this case, shall not disclose the 13 ||} CONFIDENTIAL INFORMATION or the information contained therein in any other 14 || court proceeding subject to further order of this Court. 15 9. Provisions of this Order insofar as they restrict disclosure and the use of 16 |! material shall be in effect until further order of this Court. 17 10. For good cause, any party may seek a modification of this Order, by first attempting to obtain the consent of the other parties to such modification, and then, 29 || absent consent, by application to this Court. 21 |1IT IS SO ORDERED. 22 23 DATED: 10 2 | Sal. Kc Y mend 240 (] on George: . fe 2 “SOHNE McDERMOTT.

UNITED STATES MAGISTRATE JUDGE

27 28

enone 43 1100 FPROPOSED] PROTECTIVE ORDER —“‘“‘COSCS™S