Wells v. County of Stanislaus, et al.

Filing 51

Stipulated PROTECTIVE ORDER signed by Magistrate Judge Gary S. Austin on 2/4/2010. (Esteves, C)

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A PROFESSIONAL CORPORATION

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Terence J. Cassidy, SBN 99180 Kristina M. Hall, SBN 196794 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone]

Attorneys for Defendants COUNTY OF STANISLAUS, DEPUTY FRANK ALVES, D E P U T Y J. WALSH, SHERIFF DEPUTY JOSHUA HOUTCHENS, PUBLIC WORKS E M P L O Y E E STEVE GREEN, MATTHEW ERIKSON PUBLIC WORKS DIRECTOR F O R THE CITY OF WATERFORD, SHERIFF ADAM CHRISTIANSON U N I T E D STATES DISTRICT COURT

9 E A S T E R N DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 D e f e n d a n ts. 22 23 24 25 26 27 28
PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

J A M E S ALBERT WELLS and JUDY C. W ELLS, P la in tif f s ,

C a s e No. 1:08-CV-01146-OWW-GSA

S T I P U L A T E D PROTECTIVE ORDER vs. C O U N T Y OF STANISLAUS; DEPUTY F R A N K ALVES; DEPUTY J. WALSH; C IT Y OF WATERFORD; SHERIFF D E P U T Y JOSHUA HOUTCHENS; P U B L IC WORKS EMPLOYEE STEVE G R E E N ; M A T T H E W ER I C K S O N P U B L IC WORKS DIRECTOR FOR THE C IT Y OF WATERFORD; SHERIFF A D A M C H R I S T I A N S O N TA S E R IN T E R N A T IO N A L ; ROB JACKSON C H IE F OF POLICE SERVICES; and D o e s 1 through 25, inclusive. / D e f e n d a n ts COUNTY OF STANISLAUS, DEPUTY FRANK ALVES, DEPUTY J. W A L S H , SHERIFF DEPUTY JOSHUA HOUTCHENS, PUBLIC WORKS EMPLOYEE S T E V E GREEN, MATTHEW ERIKSON PUBLIC WORKS DIRECTOR FOR THE CITY O F WATERFORD and SHERIFF ADAM CHRISTIANSON (collectively hereafter " D e f e n d a n ts " ) in good faith believe that the following documents requested by Plaintiffs J A M E S ALBERT WELLS and JUDY C. WELLS contain information that is (a) 1
STIPULATED PROTECTIVE ORDER
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

c o n f id e n tia l, sensitive, or potentially invasive of an individual's privacy interests; (b) not g e n e ra lly known; and, ( c) not normally revealed to the public or third parties or, if disclosed to third parties, would require such third parties to maintain the information in confidence: 1. 2. 3. 4. P e rso n n e l records of Defendants Houtchens, Alves and Walsh; D is c ip lin a ry history of Defendants Houtchens, Alves and Walsh; T ra in in g records of Defendants Houtchens, Alves and Walsh; P rio r internal affairs investigations pertaining to and any history of citizens c o m p la in ts asserted against Defendants Houtchens, Alves and Walsh; 5. T h e internal affairs and investigative file into the incident in this case.

IT IS HEREBY STIPULATED by, among and between the parties through their c o u n s e ls of record that the documents described herein may be designated as "Confidential" b y the COUNTY and produced subject to the following Protective Order: 1. T h e disclosed documents shall be used solely in connection with the civil cases

o f Wells v. County of Stanislaus, et al., Case No. 1:08-CV-01146-OWW-GSA (USDC E D C A ) and in the preparation and trial of the cases, or any related proceeding. Defendants d o not waive any objections to the admissibility of the documents or portions thereof in f u tu re proceedings in this case, including trial. Any documents submitted in any related litig a tio n that were under seal remain under seal in this action. 2. A party producing the documents and materials described herein may designate

th o s e materials as confidential by affixing a mark labeling them "Confidential,"provided that s u c h marking does not obscure or obliterate the content of any record. If any confidential m a te ria ls cannot be labeled with this marking, those materials shall be placed in a sealed e n v e lo p e or other container that is in turn marked "Confidential" in a manner agree upon by th e disclosing and requesting parties. 3. D o c u m e n ts or materials designated under this Protective Order as

" C o n f id e n tia l" may only be disclosed to the following persons: /// /// 2
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

(a )

J o h n Burton and Peter M. Williamson, and associate attorneys in the

o f f ic e s of each, as counsel for Plaintiffs JAMES ALBERT WELLS and JUDY C. WELLS in the case enumerated above. (b ) P a ra le g a l, clerical and secretarial personnel regularly employed by

c o u n s e l referred to in subpart (a) immediately above, including stenographic deposition re p o rte rs or videographers retained in connection with this action; (c ) C o u rt personnel, including stenographic reporters or videographers

e n g a g e d in proceedings as are necessarily incidental to the preparation for the trial of the civil a c tio n ; (d ) a c tio n ; (e ) T h e finder of fact at the time of trial, subject to the court's ruling on in A n y expert, consultant or investigator retained in connection with this

lim in e motions and objections of counsel; and, (f ) 4. W itn e s s e s during their depositions in this action.

P rio r to the disclosure of any Confidential information to any person identified

in paragraph 3 and it subparts, each such recipient of Confidential information shall be p ro v id e d with a copy of this Stipulated Protective Order, which he or she shall read. Upon re a d in g this Stipulated Protective Order, such person shall acknowledge that he or she has re a d this Stipulated Protective Order and agrees to abide by its terms. Such person also must c o n s e n t to be subject to the jurisdiction of the United States District Court for the Eastern D is tric t of California, including without limitation any proceeding for contempt. Provisions o f this Stipulated Protective Order, insofar as they restrict disclosure and use of the material, s h a ll be in effect until further order of this Court. Plaintiffs shall be responsible for internally tra c k in g the identities of those individuals to whom copies of documents marked C o n f id e n tia l are given. Defendants may request the identities of said individual(s) upon the f in a l termination of the litigation or if it is able to demonstrate a good faith basis that P la in tif f s , or an agent thereof, has breached the terms of the Stipulated Protective Order. /// 3
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

5.

A ll documents or materials designated as "Confidential" pursuant to this

S tip u la te d Protective Order, and all papers or documents containing information or materials d e s ig n a te d as "Confidential" that are filed with the Court for any purpose shall be filed and s e rv e d under seal, with the following statement affixed to the document or information: T h is envelope is sealed pursuant to the order of the Court and contains C o n f id e n tia l information filed in this case by [name of party] and is not to be o p e n e d nor the contend thereof displayed or revealed except by order of the C o u rt. 6. T h e designation of documents or information as "Confidential" and the

s u b s e q u e n t production thereof is without prejudice to the right of any party to oppose the a d m is s ib ility of the designated document or information. 7. A party may apply to the Court for an order that information or materials

la b e le d "Confidential" are not, in fact, confidential. Prior to applying to the Court for such a n order, the party seeking to reclassify Confidential information shall meet and confer with th e producing party. Until the matter is resolved by the parties or the Court, the information in question shall continue to be treated according to its designation under the terms of this S tip u la te d Protective Order. The producing party shall have the burden of establishing the p ro p rie ty of the "Confidential" designation. A party shall not be obligated to challenge the p ro p rie ty of a confidentiality designation at the time made and a failure to do so shall not p re c lu d e a subsequent challenge thereto. 8. C o p ie s of Confidential Documents

T h e following procedures shall be utilized by the parties in production of documents a n d materials designated as "Confidential": (a ) P la in tif f s ' counsel shall receive one copy of the Confidential documents

a t no charge to Plaintiffs. (b ) P la in tif f s ' counsel shall not copy, duplicate, furnish, disclose, or

o th e rw is e divulge any information contained in the confidential documents to any source, e x c e p t those persons identified in Paragraph 3 herein, without further order of the Court or a u th o riz a tio n from counsel for Defendants. 4
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

( c)

If Plaintiffs in good faith require additional copies of documents marked

" C o n f id e n tia l" in preparation of their case, they shall make a further request to counsel for D e f e n d a n ts. Upon agreement with counsel for Defendants, copies will be produced in a tim e ly manner to Plaintiffs, pursuant to the procedures of this Stipulated Protective Order. Agreement shall not be unreasonably withheld by counsel for Defendants. (d ) P la in tif f s shall be billed for any additional copying of the Confidential

d o c u m e n ts beyond the first copy. (e ) D e f e n d a n ts shall produce documents and material marked

" C o n f id e n tia l" to Plaintiffs. (f ) If any document or information designated as confidential pursuant to

th is Stipulated Protective Order is used or disclosed during the course of a deposition, that p o rtio n of the deposition record reflecting such material shall be stamped with the a p p ro p ria te designation and access shall be limited pursuant to the terms of this Stipulated P ro te c tiv e Order. The court reporter for the deposition shall mark the deposition transcript c o v e r page and all appropriate pages or exhibits and each copy thereof, in accordance with p a ra g ra p h 5 of this Stipulated Protective Order. Only individuals who are authorized by this P ro te c t i v e Order to see or receive such material may be present during the discussion or d is c lo s u re of such material. 9. N o tw ith s ta n d in g the provisions of Paragraph 3, confidential information

p ro d u c e d pursuant to this Protective Order may not be delivered, exhibited or otherwise d is c lo s e d to any reporter, writer or employee of any trade publication, newspaper, magazine o r other media organization, including but not limited to radio and television media. 10. S h o u ld any information designated confidential be disclosed, through

in a d v e rte n c e or otherwise, to any person not authorized to receive it under this Protective O r d e r , the disclosing person(s) shall promptly (a) inform counsel for Defendants of the re c ip ie n t(s ) and the circumstances of the unauthorized disclosure to the relevant producing p e rs o n (s ) and (b) use best efforts to bind the recipient(s) to the terms of this Protective Order. No information shall lose its confidential status because it was inadvertently or 5
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

u n in te n tio n a lly disclosed to a person not authorized to receive it under this Protective Order. 11. A f te r the conclusion of this litigation, all documents and materials, in whatever

f o rm stored or reproduced containing confidential information will remain confidential, and if filed with the Court shall remain under seal. All documents and materials produced to P la in tif f s pursuant to this Stipulated Protective Order shall be returned to counsel for D e f e n d a n ts in a manner in which counsel will be able to reasonably verify that all documents w e re returned. All parties all agree to ensure that all persons to whom confidential

d o c u m e n ts or materials were disclosed shall be returned to counsel for Defendants. "Conclusion" of this litigation means a termination of the case following a trial or settlement. 12. N o later than 30 days after settlement or of receiving notice of the entry of an

o rd e r, judgment, or decree terminating this action, all persons having received the c o n f id e n tia l documents shall return said documents to counsel for Defendants. 13. If any party appeals a jury verdict or order terminating the case, counsel for the

C o u n ty shall maintain control of all copies of confidential documents. If following an appeal th e district court reopens the case for further proceedings, the documents shall be returned to counsel for Plaintiffs. 14. T h is Stipulated Protective Order shall remain in full force and effect and shall

c o n tin u e to be binding on all parties and affected persons after this litigation terminates, s u b je c t to any subsequent modifications of this Stipulated Protective Order for good cause s h o w n by this Court or any Court having jurisdiction over an appeal of this action. After this a c tio n terminates, any party may seek to modify or dissolve this Stipulated Protective Order b y Court order for good cause shown or by the stipulation of the parties. 15. T h e Court shall retain jurisdiction, even after this lawsuit terminates, (a) to

m a k e such amendments, modifications and additions to this Protective Order as it may from t i m e to time deem appropriate upon good cause shown; and, (b) to adjudicate any dispute re s p e c tin g the improper use or disclosure of confidential material. /// /// 6
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D a te d : February 3, 2010

By

/s/ Peter M. Williamson (auth'd 2/2/2010) Peter M. Williamson J o h n Burton A tto rn e ys for Plaintiffs JAMES ALBERT W E L L S and JUDY C. WELLS

D a te d : February 3, 2010

P O R T E R SCOTT A PROFESSIONAL CORPORATION

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PORTER * SCOTT
ATTORNEYS 3 5 0 U N IV E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

/s/ Terence J. Cassidy COUNTY OF STANISLAUS, DEPUTY F R A N K ALVES, DEPUTY J. WALSH, SHERIFF DEPUTY JOSHUA H O U T C H E N S , PU B L I C W O R K S EMPLOYEE STEVE GREEN, M A T T H E W E R IK SO N PU B LIC W O R K S DIRECTOR FOR THE CITY O F WATERFORD and SHERIFF ADAM C H R IS T IA N S O N

ORDER U p o n review, the Court hereby adopts the stipulated protective order signed by the p a rtie s .

IT IS SO ORDERED. Dated: 6i0kij

February 4, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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