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Case 8:13-cv-00243-JVS-JPR Document 19 Filed 07/31/13 Page 1 of 9 Page ID #:104


















UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION



CASE NO. SACV13 243 JVS(JPRx)

STIPULATION AND PROTECTIVE
ORDER

Judge: Hon. Judge James V. Selna



Trial Date:

July 15,2014

Plaintiff,

vs.

MATTHEW GOGGANS,



CITY OF FULLERTON; OFFICER A.
CICIARELLI #1068, individually and
as a peace officer; MICHAEL
SELLERS, Chief of Police individually
and as a peace officer; and DOES 1-10,
inclusive,



Defendants.



The parties hereto have stipulated and agreed to entry of a Protective Order in
this case. A Protective Order shall be entered in this case, with the following terms,
conditions, and requirements:

PROTECTIVE ORDER

1.

Certain information, documents, and other things (“Discovery


Material”) discovered from a party under the Federal Rules of Civil Procedure or
voluntarily produced by a party in this action may include confidential or private
information of the party from which the discovery is sought. Information,
documents, and other things, which are otherwise not objectionable, shall only be

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PROTECTIVE ORDER

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2.

Any of the parties producing Discovery Material in this litigation may

produced whether voluntarily or in response to formal discovery, subject to this
Protective Order (“Order”).

designate Discovery Material produced by it/him/her as “Highly Confidential –
Attorney’s Eyes Only” under the terms of this Order. This designation shall be
limited to information which the disclosing party in good faith believes contains or
reveals private, confidential, proprietary, or commercially sensitive information that
requires the protections provided by this Order. For purposes of this Order,
Discovery Material that may be designated “Highly Confidential – Attorney’s Eyes
Only” includes all non-public materials which contain information reflecting or
related to: employment files; personnel records; strategies for training or response;
trade secrets; proprietary information; studies or analysis by outside expert or
investigator; proprietary technical information; financial or tax data; personal
financial information; personal information; and documents defined and/or
described in California Penal Code sections 832.5, 832.7, and 832.8. A party may
designate Discovery Material as “Highly Confidential – Attorney’s Eyes Only” that
it believes contains or refers to trade secrets, non-public information, and or private
information that, if disclosed, could cause injury to the producing party.

Discovery Material that is designated “Highly Confidential –
Attorney’s Eyes Only,” and any documents or information derived therefrom, shall
be used solely for purposes of this litigation and may not be used for any other
purpose whatsoever, including but not limited to the purpose of dissemination to the
media or the public, or in connection with any other litigation.

Only” may be disclosed, summarized, described, characterized or otherwise
communicated or made available in whole or in part to the following persons: (a)
outside and in-house counsel who represent a party in this litigation, and the regular

Discovery Material designated “Highly Confidential – Attorney’s Eyes

4.

3.

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PROTECTIVE ORDER

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5. Anyone who has agreed to be bound by this agreement and receives

and temporary employees and service vendors of such counsel assisting in the
conduct of the litigator, provided such disclosure may solely be for use in
accordance with this Order; (b) clients; (c) potential or active witnesses or deponents
and their counsel, during the course of, or, to the extent necessary in preparation for,
depositions, testimony or trial in this litigation; (d) experts or consultants, including
information technology vendors, and their employees and/or staff members engaged
to assist counsel for a party in the litigation; (e) the Court; (f) court reporters
employed by the Court or in connection with the litigation; (g) authors or recipients
of documents or persons referred to in any document; and (h) any other person only
upon order of the Court or upon stipulation of the producing party.

“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” discovery material
shall be bound by the terms of this agreement concerning the use of these discovery
materials.

Attorney’s Eyes Only” shall be so designated by affixing the legend of “HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY” to each page containing any
“Highly Confidential – Attorney’s Eyes Only” Discovery Material. Affixing the
legend on the cover of any multipage document which is bound, stapled, or
otherwise securely attached shall designate all pages of the document as “Highly
Confidential – Attorney’s Eyes Only,” unless otherwise indicated by the producing
party. Only those portions of multipage documents that qualify as “Highly
Confidential – Attorney’s Eyes Only,” should be designated as such.

Information without designating it as such, it may be remedied by (1) promptly
notifying the other parties of the error; and (2) providing a substitute copy of the
Highly Confidential Information with a proper legend. In that event, the parties
receiving the inadvertently produced undesignated Highly Confidential Information

The designation of Discovery Material as “Highly Confidential –

7.

If the Disclosing Party inadvertently produces any Highly Confidential

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6.

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PROTECTIVE ORDER

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will: (1) return the previously produced Highly Confidential Information and
destroy all copies thereof; and (2) if the party had already disseminated the Highly
Confidential Information to any person, the party will notify all such persons in
writing of the need to return such Highly Confidential Information and not to further
disseminate it. The initial failure to designate information in accordance with this
Order shall not be deemed a waiver of confidentiality.
In the case of depositions, the designation of Discovery Material as

“Highly Confidential – Attorney’s Eyes Only” for purposes of this order shall be
made (i) by a statement on the record, by counsel, at the time of such disclosure; or
(ii) by written notice, sent by counsel to all parties within twenty (20) business days
after receiving a copy of the transcript thereof; and in both of the foregoing
instances, by directing the court reporter that the appropriate confidentiality legend
be affixed to the first page and all portions of the original and all copies of the
transcript containing any “Highly Confidential – Attorney’s Eyes Only” Discovery
Material. All deposition transcripts shall be treated as “Highly Confidential –
Attorney’s Eyes Only” until the expiration of the twentieth business day after receipt
by counsel of a copy of the transcript thereof. Thereafter, only those portions of the
transcripts designated as “Highly Confidential – Attorney’s Eyes Only” in the
litigation shall be deemed “Highly Confidential – Attorney’s Eyes Only” Discovery
Material. The parties may modify this procedure for any particular deposition,
through agreement on the record at such deposition, without further order of the
Court. No amendment or modification agreed to by the parties will have the force
or effect of a Court order unless the Court approves it. The provisions of this
Protective Order do not apply to trial or other hearings.

may be provided to persons listed in paragraphs 4 and 5 above, provided that such
individuals are using said “Highly Confidential – Attorney’s Eyes Only” Discovery
Material solely in connection with this litigation and provided further that such

“Highly Confidential – Attorney’s Eyes Only” Discovery Material

8.

9.

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If the Court grants a party permission to file an item under seal, that

12.

If information subject to a claim of attorney-client privilege, the

10.

individuals sign a nondisclosure agreement in the form of the Assurance of
Compliance at Exhibit A attached hereto.

In the event that counsel for any party determines to file with the Court
any document subject to the provisions of this Order, or to submit to the Court any
such document or in the information contained therein for any purpose, such
document or information shall be filed under seal with a copy of the title page
attached to the front of the sealed envelope or container and the label “Highly
Confidential – Subject to Protective Order dated [insert date of Order]” clearly
marked thereon. Any request to file a document under seal must comply with Local
Rule 79-5.

11.
party must comply with Local Rule 79-5.

attorney work product doctrine, or any other ground on which production of such
information should not be made to any party is nevertheless inadvertently produced
to such party or parties, such production shall in no way prejudice or otherwise
constitute a waiver of, or estoppel as to, any claim of privilege, work product, or
other ground for withholding production to which the producing party would
otherwise be entitled.

Material in any court proceeding in this action, Counsel must first take up with the
judicial officer at the appropriate time how confidential material will be handled in
court filings or during court proceedings.

Material by any non-party to the litigation shall be subject to and governed by the
terms of this Order, and a party may designate as “Highly Confidential – Attorney’s
Eyes Only” any materials produced by a non-party if such designation is appropriate
under this Order.

13. Prior to using “Highly Confidential – Attorney’s Eyes Only” Discovery

14. The parties to the litigation agree that the production of any Discovery

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15.

In the event that additional parties join or are joined in the litigation,

17.

If any third party serves a subpoena or other process or request seeking

16. The provisions of this Order shall become effective upon its entry by


they shall not have access to “Highly Confidential – Attorney’s Eyes Only”
Discovery Material until newly joined party by its counsel has executed and filed
with the Court its agreement to be fully bound by this Order.

the Court or an alternative thereto that is satisfactory to the parties; however, all
material produced and designated as “Highly Confidential – Attorney’s Eyes Only”
in the manner prescribed herein prior to the effective date of this Order shall be
subject to, and governed by, its provisions as though entered by the Court.

to review any information designated as “Highly Confidential – Attorney’s Eyes
Only,” the party to whom the demand is made (the “Recipient”) shall inform the
producing party’s counsel immediately in writing and shall allow producing party’s
counsel to object to the subpoena or other process. Nothing herein shall be
construed as requiring the Recipient or anyone else covered by this Order to
challenge or appeal any order requiring production of “Highly Confidential –
Attorney’s Eyes Only” Discovery Material covered by this Order, or to subject
himself, herself, or itself to any penalties for non-compliance with any legal process
or order, or to seek any relief from this Court. Nothing herein shall be construed as
requiring a party not to comply with any lawfully issued subpoena or process, absent
a court order.

party from rendering advice to their clients with respect to this litigation and, in the
course thereof, from relying upon the examination of “Highly Confidential –
Attorney’s Eyes Only” Discovery Material except in accordance with the terms of
this Order.

document under the terms of this Order, nor any proceedings pursuant to this Order,

18. Nothing in this Order shall bar or otherwise restrict counsel for any

19. Nothing in this Order, nor the production of any information or

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shall be deemed to have the effect of an admission or waiver by either party or of
altering the confidentiality or non-confidentiality of any such document or
information or altering any existing obligation of any party or the absence thereof.

20. This Order shall survive the final termination of this action, to the
extent that the information contained in “Highly Confidential – Attorney’s Eyes
Only” Discovery Material is not or does not become known to the public, and the
Court shall retain jurisdiction to resolve any dispute concerning the use of the
information disclosed hereunder. Within sixty (60) calendar days after the
conclusion of this action in its entirety (including expiration of appeal periods or the
execution of a settlement agreement among the parties finally disposing of this
action), all parties and persons having received “Highly Confidential – Attorney’s
Eyes Only” Discovery Material shall dispose of all such material either by (i)
returning such material to counsel for the producing party, or (ii) destroying such
material in a manner that ensures that it will not be disclosed to or disseminated or
received by any person. Upon request, the parties and their counsel shall separately
provide written certification to any producing party making the request that such
disposal has been completed. Outside counsel for the parties shall be entitled to
retain all court papers, deposition and trial transcripts, exhibits used in affidavits, at
depositions, and at trial, and attorney work-product, including materials which
contain, quote, discuss, or analyze “Highly Confidential – Attorney’s Eyes Only”
Discovery Material, provided that such counsel and employees of such counsel shall
not disclose such materials to any person unless, after reasonable prior notice to the
producing party, the disclosing counsel has obtained permission pursuant to court
order or by agreement of the producing party. The “Highly Confidential –
Attorney’s Eyes Only” Discovery Material kept by counsel pursuant to this
paragraph shall be maintained in accordance with the terms of this Order. Unless
otherwise agreed, outside counsel for each party may retain archival copies of all
“Highly Confidential – Attorney’s Eyes Only” Discovery Material marked as an

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21. This Agreement shall be binding upon and for the benefit of the

exhibit during a deposition, used at a hearing or at trial, or filed with the Court, and
this Order shall remain in force with respect to such material.

undersigned parties, their successors and assigns to the full extent the law allows.

22. This Order is not binding on the Court or Court personnel. The Court
may amend or modify this Order in the interests of justice or for public policy
reasons at any time.
IT IS SO ORDERED.


Dated: July 23, 2013




APPROVED AND SO ORDERED.

DATED: July 31, 2013


















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PROTECTIVE ORDER





_______________________________
Hon. Judge Jean P. Rosenbluth
U.S. District Court Magistrate Judge

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Dated: July 23, 2013





By:




By:

MARDIROSSIAN & ASSOCIATES, INC.
THE BECK LAW FIRM


__/s/_______________________________
Rowena J. Dizon, Esq.
Attorneys for Plaintiff Matthew Goggans

LEWIS BRISBOIS BISGAARD &
SMITH LLP

__/s/______________________________
Dana A. Fox
Barry Hassenberg
Attorneys for Defendants
CITY OF FULLERTON, OFFICER A.
CICIARELLI #068;
MICHAEL SELLERS, Chief of Police,


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EXHIBIT A

ASSURANCE OF COMPLIANCE


I, ____________________________, under penalty of perjury under the laws

of the United States of America, declare and state as follows:

I reside in the City/County of
, and State of
I have read the annexed Protective Order (“Order”) dated

.
,

2013 in the action entitled Matthew Goggans v. City of Fullerton, et al., Case No.
SACV13-243, which is currently pending in the United States District Court of
California, Central District.

I am familiar with and agree to comply with and be bound by the provision of
that Order, and I will not divulge to persons other than those specifically authorized
by the Order, and will copy or use except solely for the purpose of this litigation,
any Discovery Material designated as "Highly Confidential - Attorneys' Eyes Only.”
I consent to the jurisdiction of the United States District Court for the Central

District of California for the purpose of enforcing said Order, enjoining any
anticipated violation of the Order or seeking damages for the breach of said Order.







(Signature)



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PROTECTIVE ORDER