Case 3:15-cv-01386-WQH-NLS Document 13 Filed 07/28/15 Page 1 of 5

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

10 S.R. NEHAD, an individual, K.R.

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Plaintiffs,
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v.
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NEAL N. BROWDER, an individual,
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CITY OF SAN DIEGO, a municipality, )
and DOES 1 through 10, inclusive,
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Defendants.
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NEHAD, an individual, ESTATE OF
11 FRIDOON RAWSHAN NEHAD,
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Case No. 15cv1386 WQH (NLS)
ORDER GRANTING JOINT
MOTION FOR PROTECTIVE
ORDER AS MODIFIED BY THE
COURT
(Dkt. No. 11)

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Having considered the parties’ Joint Motion for Protective Order, and finding
the motion meritorious, the Court GRANTS the motion. The Court enters the
following protective order, as modified by the Court (see paragraphs 9 and 10):
1.

Defendants’ attorneys of record shall immediately produce to Plaintiffs’

attorneys of record copies of all video footage in their possession, custody, or control
depicting the surrounding area or scene of the April 30, 2015 shooting of Fridoon
Rawshan Nehad on or around that date.
2.

Defendants’ attorneys of record shall produce to Plaintiffs’ attorneys of

record redacted copies of all other documents and items contained in the San Diego
Police Department’s homicide investigation binder in this case, as soon as such

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Document Number:1068516

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documents are redacted, and in any event no more than fourteen court days following
the date this Protective Order is issued.
3.

them or participating with them, agree to not engage in, allow, nor perform any of
the following:

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a.

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another to transfer, copy, publish, show, or distribute such documents or items, to
anyone other than the parties and their attorneys of record, experts, consultants,
paralegals, legal assistants, clerical staff and investigators and other officers, agents,
employees and representatives of the parties or the attorneys of record who are
directly assisting the attorneys of record in this case, without court approval; or
b.

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Use the documents and other items produced pursuant to this

Protective Order for any purpose other than prosecuting or defending the instant civil
proceedings pursuant to applicable law.
4.

Plaintiffs have asked the Court for leave to serve a subpoena on KECO,

Inc., a third party whose surveillance cameras captured the shooting underlying this
action (the “KECO Video”). The parties, their attorneys of record, and anyone acting
in concert with them or participating with them, agree to not engage in, allow, nor
perform any of the following:

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Convey, transfer, copy, publish, show, or distribute the

documents or other items produced pursuant to this Protective Order, nor authorize

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The parties, their attorneys of record, and anyone acting in concert with

a.

Convey, transfer, copy, publish, show, or distribute the KECO

Video, nor authorize another to transfer, copy, publish, show, or distribute such
video, to anyone other than the parties and their attorneys of record, experts,
consultants, paralegals, legal assistants, clerical staff and investigators and other
officers, agents, employees and representatives of the parties or the attorneys of
record who are directly assisting the attorneys of record in this case, without court
approval; or

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b.

Use the KECO Video for any purpose other than prosecuting or

defending the instant civil proceedings pursuant to applicable law.
5.

The documents and other items described in Paragraphs 1, 2, and 4

above, and subsequently produced or created documents or other items that a party
believes should be subject to this Protective Order, shall be marked
“CONFIDENTIAL.” Such documents and items shall be subject to this Protective
Order until such time as the parties agree to remove such documents or items from
the scope of this Protective Order or the Court so orders. Documents and other items
marked “CONFIDENTIAL” shall be marked in such a way as to leave all written
portions of such documents and items uncovered and completely legible.
6.

Notwithstanding Paragraphs 3 and 4 above, the attorneys of record may

use documents and items that are subject to this Protective Order in their examination
of witnesses at deposition or trial in this case. However, when a deponent is
examined regarding such items or such items are attached as exhibits to a deposition
transcript, then unless the parties otherwise agree on the record or in writing, the
transcript shall be marked as described in Paragraph 5 above and subject to this
Protective Order, and the exhibits shall be redacted to omit names, birth dates, social
security numbers, and addresses.
7.

Within six months of the final disposition of this action (including any

appeals), Plaintiffs’ attorneys of record, upon request from Defendants’ attorneys of
record, shall destroy any and all documents and other items governed by this
Protective Order, and all copies thereof, or provide them to Timothy C. Stutler, Chief
Deputy City Attorney, 1200 Third Avenue, Suite 1100, San Diego, California, or his
successor.
8.

The terms of this Protective Order shall not change, amend, or

circumvent any applicable Federal Rule of Civil Procedure or local rule of court.
9.

The terms of this Protective Order shall not prevent any party to this

action from seeking a modification of this Protective Order, and the Court may
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modify the Protective Order for good cause, or in the interest of justice, or for public
policy reasons, upon motion of a party to this action or on its own order at any time
during the proceedings. The parties reserve the right to object to the designation of
documents and things produced under this Protective Order as confidential and to
object to any redaction of any information. If a dispute regarding objection(s) to
the designation of documents and things as confidential is not resolved
consensually between the parties within seven (7) days of receipt of such a notice
of objections, the parties shall file a joint motion for determination of discovery
dispute, as outlined in Chambers Rules, no later than forty-five days after the
challenging party’s receipt of the designated material in issue.
10.

No document or other item governed this Protective Order shall be filed

under seal unless counsel secures a court order allowing the filing of such document
or item under seal. An application to file a document or item under seal shall be
served on opposing counsel, and on the person or entity that has custody and control
of the document, if different from opposing counsel. Documents and items governed
by this Protective Order may be lodged under seal, subject to an application to file
under seal, and redacted versions of such documents and items approved by the other
party may be publically filed. If opposing counsel, or the person or entity who has
custody and control of the document or item, wishes to oppose the application or the
public filing of redacted documents or items, such party or entity must contact the
chambers of the judge who will rule on the application, to notify the judge’s staff that
an opposition to the application will be filed upon the conclusion of this action, the
court shall retain jurisdiction to resolve any disputes arising out the release of any
documents or items protected by this Protective Order. Nothing shall be filed under
seal, and the Court shall not be required to take any action, without separate
prior order by the Judge before whom the hearing or proceeding will take place,
after application by the affected party with appropriate notice to opposing
counsel. The parties shall follow and abide by applicable law, including Civ. L.R.
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79.2, ECF Administrative Policies and Procedures, Section II.j, and the
chambers’ rules, with respect to filing documents under seal.
IT IS SO ORDERED.

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Dated: July 28, 2015

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Document Number:1068516

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Case No. 15CV1386 WQH (NLS)