Thomas Mackey v. County of San Bernardino et al

Filing 107

PROTECTIVE ORDER RE CONTROL AND USE OF CONFIDENTIAL PEACE OFFICER RECORDS by Magistrate Judge Sheri Pym [NOTE CHANGES MADE BY COURT]. (kca)

1
2
3
4
5
6

JAMES H. THEBEAU, CA Bar No. 128845
Deputy County Counsel
JEAN-RENE BASLE, CA Bar No. 134107
County Counsel
385 North Arrowhead Avenue, Fourth Floor
San Bernardino, CA 92415-0140
Telephone: [phone]
Facsimile: [phone]
[e-mail]

7
8

Attorneys for Defendants, DEPUTY DOUG WOLFE, DEPUTY GABRIEL
PADILLA

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
#2BH3995

28

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
THOMAS MACKEY,

)
)
Plaintiff
)
)
v.
)
)
DOUG WOLFE, GABRIEL PADILLA,)
)
)
)
)
Defendants
)
)
IT IS HEREBY STIPULATED by and

EDCV 09-01124 GW (SP)
PROTECTIVE ORDER RE
CONTROL AND USE OF
CONFIDENTIAL PEACE OFFICER
RECORDS
[NOTE CHANGES MADE BY COURT]

Honorable Magistrate Judge Sheri
Pym
between counsel of record for the

parties that this Court issue a Protective Order regarding various
information and discovery materials in the above-captioned case.
This case involves plaintiff Thomas Mackey (“Mackey”)’s claim of
excessive force against defendant deputies Gabriel Padilla and Doug
Wolfe (together, “Defendants”). Mackey’s action arises from his arrest in
San Bernardino County by officers of the San Bernardino County Sheriff’s
Department pursuant to a murder warrant issued out of Kansas City,
1
PROTECTIVE ORDER RE: CONTROL AND USE OF
CONFIDENTIAL PEACE OFFICER RECORDS

1

Kansas.

2

Mackey has sought, by way of written discovery, certain confidential

3

information and records, which by Court Order of December 19, 2013, are

4

to be produced under a protective order.

5

confidential information and records, the parties propose the following

6

protective order.

7

1.

To prevent disclosure of

Documents and information ordered disclosed by Magistrate

8

Judge Sheri Pym on December 19, 2013, pursuant to this protective

9

order, including discovery responses, may be designated by page

10

numbers 1 to _____. Each document page shall be marked as follows:

11

“Confidential Material.”

12

2.

Other than the Court (including court reporters, stenographic

13

reporters and videographers, and court personnel), the “Confidential

14

Material” (hereafter “Material”) may be disclosed to counsel in this action

15

and their staff, who will be made aware of this protective order. The

16

material may not be disclosed to Mackey or to any other person without

17

the prior written stipulation of Defendants or authorization from the Court.

18

3. The material shall be used solely in connection with this litigation

19

in the preparation and trial of this case, and not for any other litigation. To

20

the extent material that is a subject matter of this protective order is

21

disclosed at any deposition in this matter, it is subject to the terms of this

22

protective order.

23

material at trial or public hearing in this action, it shall be filed under seal,

24

unless Defendants’ counsel agrees otherwise.

To the extent Mackey’s counsel seeks to use the

25
26

termination of this litigation, all material governed by the provisions of this

27
#2BH3995

4. At the conclusion of the trial and of any appeal, or upon other
order (including any copies) shall all be returned to counsel for

28

2
PROTECTIVE ORDER RE: CONTROL AND USE OF
CONFIDENTIAL PEACE OFFICER RECORDS

1
2

Defendants.
5. The foregoing is without prejudice to the right of any parties:
a)

3

to apply to the Court for a further protective order

4

relating to any confidential material, or relating to discovery in this

5

litigation;

6
7
8
9
10

b)

to apply to the Court for an order removing the

"Confidential Material" designation from the document;
c)

to apply to the Court for an order compelling production

of documents or modification of this order or for any order permitting
disclosure of confidential material beyond the terms of this order.

11
12

Dated: January 9, 2014

13

JEAN-RENE BASLE
County Counsel
___s/James H. Thebeau__________
JAMES H. THEBEAU
Deputy County Counsel
Attorneys for Defendants

14
15
16
17
18
19
20

Dated: January 9, 2014

s/Kelly M. Raney
KELLY M. RANEY
Attorney for Plaintiff

22

ORDER
This Protective Order is granted as proposed by the parties, except for

23

the following modification, and the materials designated herein shall be

24

subject to all its terms and conditions. The last sentence of numbered

25

paragraph 3 as proposed by the parties is deleted and replaced with the

26

following sentences: To the extent Mackey’s counsel seeks to use the

27

Material at a public hearing or in connection with a motion filed in this

21

#2BH3995

28

3
PROTECTIVE ORDER RE: CONTROL AND USE OF
CONFIDENTIAL PEACE OFFICER RECORDS

1

action, counsel shall apply to file it under seal in accordance with Local

2

Rule 79-5.1, unless Defendants’ counsel agrees otherwise. Procedures

3

for the use of the Material at trial must be taken up with the trial judge.

4
5
6
7

DATED: January 13, 2014

_________________________________
UNITED STATES MAGISTRATE JUDGE
SHERI PYM

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
#2BH3995

28

4
PROTECTIVE ORDER RE: CONTROL AND USE OF
CONFIDENTIAL PEACE OFFICER RECORDS