TATIANA LOPEZ, MIGUEL AMARILLAS, Plaintiffs,
COUNTY OF LOS ANGELES, DEPUTY F. ENRIQUEZ #459592, individually and as a peace officer, DEPUTY JAVIER MARTINEZ #487832, individually and as a peace officer, DET. S. KALASSAY #287342 individually and as a peace officer, LT. CHRIS BRANUELAS individuallyand as a peace officer, DOES 1-10, Defendants.
CASE NO. CV10-8926 PSG (CWx)
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Complaint Filed: October 31, 2011Trial Date: May 22, 2012Dated: October 28, 2011
Catherine M. Mathers, Esq State Bar No. 221983
Christie Bodnar Swiss, Esq State Bar No. 245151
COLLINS COLLINS MUIR + STEWART LLP
Attorneys for Defendants COUNTY OF LOS ANGELES, DEPUTY F. ENRIQUEZ, DEPUTY JAVIER MARTINEZ, DET. S. KALASSAY, LT. CHRIS BRANUELAS
Assigned to Hon. Philip S. Gutierrez, Courtroom 880
The Parties' Stipulation and Proposed Protective Order have come before this Court.
The Court hereby grants the Parties' Stipulation for Protective Order precluding publication and limiting the use of documents and information identified
herein which contain confidential and privileged information:
1. Information contained in the personnel files of DEPUTY F. ENRIQUEZ, DEPUTY JAVIER MARTINEZ, DET. S. KALASSAY, and LT. CHRIS BRANUELAS, including citizen's complaints and/or complaints initiated by other law enforcement personnel, within the last ten years which assert any of the following allegations: false arrest; improper detention; fabrication of false police reports; perjury; or planted evidence.
2. Good cause exists for issuance of a protective order pursuant to Federal Rule of Civil Procedure Rule 26(c) to facilitate the production of documents and information responsive to the discovery requests of Plaintiffs TATIANA LOPEZ, MIGUEL AMARILLAS (hereinafter "PLAINTIFFS") and to balance the privacy interests and protection of information of DEPUTY F. ENRIQUEZ, DEPUTY JAVIER MARTINEZ, DET. S. KALASSAY, and LT. CHRIS BRANUELAS that is protected by California Evidence Code § § 1040 et seq. and the official information privilege (Sanchez v. City of Santa Ana, 936 F.2d 1027 1033 (9th Cir. 1990)).
IT IS FURTHER STIPULATED THAT:
3. The information and/or documentation referred to in paragraph 1 above will be referred to collectively as the "CONFIDENTIAL INFORMATION. " The Court orders that the CONFIDENTIAL INFORMATION be released to PLAINTIFFS' counsel for purposes of litigation in this matter. The parties and their respective counsel hereby stipulate that the CONFIDENTIAL INFORMATION shall be used in this litigation as follows:a. CONFIDENTIAL INFORMATION and the information contained therein shall be used solely in connection with this litigation and the preparation of this case, or any related appellate proceeding, and not for any other purpose, including any other litigation or administrative proceedings. Further, PLAINTIFFS' Counsel agrees that CONFIDENTIAL INFORMATION and the information
Page 3contained therein shall not be disclosed to his client's family;
Page 4personnel regularly employed by counsel referred to in paragraph 2(g)(i) above.
4. PLAINTIFFS, PLAINTIFFS' Counsel, DEFENDANTS, and DEFENDANTS' Counsel shall cause the substance of this Protective Order to be communicated and obtain agreement to abide by the Protective Order to each person whom CONFIDENTIAL materials are revealed in accordance with this Order.
5. After completion of the judicial process in this case, including any appeals or other termination of this litigation, all CONFIDENTIAL INFORMATION received under the provisions of this Order and copies thereof shall be destroyed or returned to the attorneys of record for DEFENDANTS, Collins Collins Muir + Stewart LLP, 1100 El Centro Street, South Pasadena, CA 91030. The provisions of this Order shall be in effect until further order of this Court.
6. That any counsel, expert or consultant retained in the instant case or investigator retained by counsel for any party to this case, shall not disclose the CONFIDENTIAL INFORMATION or the information contained therein in any other court proceeding subject to further order of this Court.
7. Provisions of this Order insofar as they restrict disclosure and the use of material shall be in effect until further order of this Court.
Honorable Carla Woehrle
DISTRICT COURT MAGISTRATE JUDGE
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