Aguilar v. County of Fresno, California et al

Filing 70

Stipulated PROTECTIVE ORDER Regarding Records and Testimony from Patrick Thomas, signed by Magistrate Judge Gary S. Austin on 12/14/2009. (Verduzco, M)

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James D. Weakley, Esq. Maribel Hernandez, Esq.

Bar No. 082853 Bar No. 258689

WEAKLEY, ARENDT & McGUIRE, LLP 1630 East Shaw Avenue, Suite 176 Fresno, California 93710 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants, COUNTY OF FRESNO and ERNEST SERRANO 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. ___________________________________ ALICE ROSAS AGUILAR, as successor in interest to Sergio Rosas Aguilar; ALICE ROSAS AGUILAR, an individual, Plaintiffs, v. COUNTY OF FRESNO, CALIFORNIA, a political subdivision of the State of California; ERNEST SERRANO, an individual, ) CASE NO. 1:08-cv-01202-AWI-GSA ) ) ) ) [PROPOSED] STIPULATED ) PROTECTIVE ORDER REGARDING ) RECORDS AND TESTIMONY FROM ) PATRICK THOMAS ) ) ) ) ) ) )

IT IS HEREBY STIPULATED between the parties, and ordered by this Court, that in accordance with the Court's instructions to the parties on December 4, 2009 during a telephone conference regarding a discovery dispute, records from Patrick Thomas ( to be provided to Defendants by Plaintiff's counsel) relating to employment of Sergio Rosas Aguilar (the Decedent) and the continued deposition testimony of Patrick Thomas are subject to the conditions set forth in this protective order. The release of the requested documents and allowance of the testimony pursuant to this Stipulation and Protective Order does not waive the confidentiality privilege protecting the documents and testimony from general disclosure. Based on the foregoing, IT IS HEREBY STIPULATED: 1. The Confidential Material shall be used solely in connection with this litigation

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[ P r o p o s e d ] Stipulated Protective Order - Patrick Thomas

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in the preparation and trial of this case and not for any other purpose or in any other litigation. 2. The Confidential Material may be disclosed only to the following persons: a) counsel for any party to this action; b) paralegal, clerical, and secretarial personnel regularly employed by counsel referred to in (a), including stenographic deposition reporters retained in connection with this action; c) court personnel including stenographic reporters engaged in proceedings as are necessarily incidental to preparation for the trial of this action; d) any outside expert or consultant retained in connection with this action and not otherwise employed by either party; e) any in-house expert designated by defendants to testify at trial in this matter; f) the finder of fact at the time of trial subject to the court's rulings on in limine motions and objections of counsel. 3. Each person to whom disclosure is made with the exception of those identified

in 2 (a) and (b), above, who are presumed to know of the contents of this protective order shall, prior to the time of disclosure, be provided by the person furnishing him/her such material, a copy of this order, and shall agree on the record or in writing that he/she has read the protective order and that he/she understands the provisions of the protective order. Such person must also consent to be subject to the jurisdiction of the United States District Court, Eastern District of California, with respect to any proceeding related to enforcement of this order, including without limitation, any proceeding for contempt. Provisions of this order insofar as they restrict disclosure and use of the material shall be in effect until further order of this Court. 4. Any documents or information submitted to the Court that reveals confidential

material shall be submitted under seal pursuant to Local Rules 39-140 and 39-141. 5. At the conclusion of this litigation, all confidential material received under the

provisions of this order, including copies made, shall be destroyed, or tendered back to the attorney of record for the Plaintiff. The conclusion of litigation means the termination of the case following applicable post-trial motions, appeal and/or retrial.

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[ P r o p o s e d ] Stipulated Protective Order - Patrick Thomas

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/// IT IS SO AGREED. THE CLAYPOOL LAW FIRM

Dated: Dec. 9, 2009

By :

/s/ Brian E. Claypool Brian E. Claypool, Esq. Attorneys for Plaintiff

Dated: Dec. 9, 2009

LAW OFFICES OF VICKI I. SARMIENTO By: /s/ Vicki I. Sarmiento Vicki I. Sarmiento, Esq. Attorney for Plaintiff

Dated: Dec. 9, 2009

WEAKLEY, ARENDT & McGUIRE, LLP By: /s/ James D. Weakley James D. Weakley, Esq. Attorneys for Defendants

ORDER IT IS SO ORDERED. Dated: 6i0kij

December 14, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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[ P r o p o s e d ] Stipulated Protective Order - Patrick Thomas

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