Charles Craig Clements v. R. Madden et al.

Filing 115


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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ) ) ) ) ) ) ) ) ) CHARLES CLEMENTS, 12 Petitioner, 13 14 15 v. R. MADDEN, Warden 16 Respondent. 17 18 Case No. SACV 14-2002-DDP (JPR) STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION OF ORANGE COUNTY SHERIFFCORONER RECORDS PURSUANT TO THIRD PARTY REQUEST; PROTECTIVE ORDER This is a Stipulated Protective Order entered into between Charles Clement 19 (“Petitioner”), R. Madden, (“Respondent”), and third party witness and custodian of records 20 Sandra Hutchens, Sheriff-Coroner for the County of Orange (“the Sheriff”), by and through 21 their attorneys of record. 22 23 GOOD CAUSE STATEMENT Petitioner has made a production request in a habeas corpus case seeking Sheriff 24 records and information pertaining to two inmates (“Request”). The Petitioner asserts that 25 Petitioner’s access to the requested records for Petitioner’s review are necessary for 26 Petitioner to evaluate claims in his case related to a Petition for a Writ of Habeas Corpus. 27 The Sheriff asserts that the requested records are confidential jail records as set forth in 28 California Evidence Code section 1043 et seq. and Article 1, section 1 of the California -1- 1 Constitution. Federal courts have given weight to privacy rights protected by state 2 constitutions or statutes. See Soto v. City of Concord, 162 F.R.D. 603, 616 (N.D. Cal. 3 1995). 4 STIPULATION 5 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between 6 Petitioner, Respondent, and the Sheriff, by and through their attorneys of record, that any 7 confidential Sheriff personnel records and employee information reviewed by the Petitioner 8 and released pursuant to the Subpoena shall be subject to the following: 9 1. The Protective Order applies to and governs the review by the Petitioner and 10 use of the Sheriff’s confidential personnel records and employee information sought by the 11 Subpoena (“Responsive Records”) or the substance of any portion thereof, and all 12 documents of whatever kind containing information obtained from the confidential 13 employee personnel records; 14 2. The Responsive Records shall be used solely in connection with Charles 15 Clement v. R. Madden, Case No. SACV 14-2002-DDP (JPR), including any associated state 16 appellate or federal proceedings and collateral review, and not for any other purpose; 17 18 19 3. The Responsive Records or any portion thereof shall not be disclosed to any other person, firm or corporation, except: a. Bona fide employees of the law offices for the parties’ counsel, and then only 20 to the extent necessary to enable said persons to assist in litigation of this 21 action; 22 b. Petitioner, to the extent deemed necessary by counsel, but only to the extent 23 that Petitioner may be shown copies of the Responsive Records and under no 24 circumstances shall Petitioner be given copies or permitted to retain such 25 Responsive Records; 26 c. Expert witnesses employed by the parties to this action; 27 d. Consultants retained by the parties to this action; or 28 e. The Court and court personnel. -2- 1 4. All persons described in paragraph 3 (a) through (e) above shall not disclose 2 any portion of said Responsive Records and shall not use any information obtained 3 therefrom except in conformance with this Order and for purposes of this litigation. Any 4 party who discloses the Responsive Records to any person described in paragraph 3 (a) 5 through (d) shall advise such person that said matters constitute confidential information 6 which may be used only for the litigation of this action, and shall, prior to disclosure of the 7 Responsive Records, provide said person a copy of this Protective Order. Said person shall 8 agree to be bound by the same and subject to the jurisdiction of this Court with respect to 9 any proceeding related to the enforcement of this Protective Order, including but not limited 10 11 to a proceeding for contempt; 5. Neither the Responsive Records nor any portion thereof shall be copied or 12 reproduced except where necessary to submit to the Court or as set forth in this Order. If 13 any Responsive Record is required to be filed or lodged with the Court in connection with 14 court proceedings, it shall be done under seal in conformance with all applicable court rules, 15 unless relief from this Order is obtained as set forth in paragraphs 7 and 8, below; 16 6. The prohibition on the dissemination and disclosure of Responsive Records as 17 contained in this Order will not apply if, upon the written request of a party to this action, 18 the Sheriff’s counsel consents in writing that Responsive Records may be disclosed as 19 requested. Failure to seek such consent would constitute a violation of this Order; 20 7. This Order is without prejudice to any party seeking relief from the Court to 21 impose further restrictions or to vacate existing restrictions imposed by this Order. 22 However, it is expected that before seeking relief from the Court, a party will first seek 23 relief as set forth in paragraph 7, above. If a party seeks relief from the Court, the party 24 shall do so under Local Rule 37 and provide appropriate written notice served on the 25 Sheriff, through its attorney of record, and all other parties; 26 8. The production of Responsive Records by the Sheriff pursuant to this Order 27 shall not be deemed a waiver of any privilege or confidentiality or privacy right for any 28 future purpose. -3- 1 IT IS SO STIPULATED. 2 DATED: July 24, 2017 By ________________/s/_________________________ Nilou Panahpour, Federal Public Defender Attorney(s) for Petitioner, Charles Clement DATED: July 24, 2017 By _______________/s/__________________________ D. Kevin Dunn, Deputy County Counsel Attorney(s) for Orange County Sheriff-Coroner DATED: July 24, 2017 By _________________/s/________________________ Jennifer Jadovitz, Deputy Attorney General Attorney(s) for, R. Madden, Respondent 3 4 5 6 7 8 9 10 11 [PROPOSED] PROTECTIVE ORDER 12 13 14 15 16 17 18 19 Having reviewed the STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION OF ORANGE COUNTY SHERIFF-CORONER RECORDS PURSUANT TO THIRD PARTY REQUEST, and GOOD CAUSE APPEARING THEREFORE, paragraphs 1 through 9 of the stipulation shall constitute the Order of the Court. IT IS SO ORDERED. DATED: August 1, 2017 _________________________________________ Honorable Jean P. Rosenbluth United States Magistrate Judge 20 21 22 23 24 25 26 27 28 -4- 1 CERTIFICATE OF SERVICE 2 I do hereby declare that I am a citizen of the United States employed in the County of Orange, over 18 years old and that my business address is 333 W. Santa Ana Blvd., Ste. 407, Santa Ana, California 92701. I am not a party to the within action. 3 4 5 6 7 8 9 10 On July 24, 2017, I served the foregoing STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION OF ORANGE COUNTY SHERIFF-CORONER RECORDS PURSUANT TO THIRD PARTY REQUEST; AND [PROPOSED] PROTECTIVE ORDER on all other parties to this action in the following manner: Pursuant to L.R. 5-3.2.1, I caused an electronic version of the aforementioned document to be served on the below listed parties, through their attorneys of record, via the court’s CM/ECF System. I declare that I am employed in the office of a member of the Bar of this court at whose direction the service was made. Date: July 24, 2017 11 12 13 14 15 ________________________________ Marzette L. Lair Petitioner, Charles Craig Clements: Represented by Niloufar Panahpour Federal Public Defender Office 321 East 2nd Street Los Angeles, CA 90012-4202 213-894-2644 Fax: 213-894-0081 Email: 16 17 18 19 20 21 22 23 24 25 26 27 28 Respondents, R Madden (Warden), and A. Miller (Warden): Represented by Jennifer A Jadovitz CAAG - Office of the Attorney General California Department of Justice 600 West Broadway Suite 1800 San Diego, CA 92101 619-645-2204 Fax: 619-645-2044 Email: Objector, United States of America: Represented by Judith A Heinz AUSA - Office of US Attorney Criminal Division - US Courthouse 312 North Spring Street 15th Floor Los Angeles, CA 90012-4700 213-894-7280 Fax: 213-894-3713 Email:

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