Van Horn vs. Hornbeak, et al.

Filing 105

STIPULATION And PROTECTIVE ORDER, signed by Magistrate Judge Dennis L. Beck on 8/7/2009. All information, testimony, documents, or things produced or given (by a party or by a non-party) as a part of discovery in this action shall be governed by this Stipulated Protective Order. This Protective Order designates certain material as "CONFIDENTIAL."(Scrivner, E)

1 CHRISTINE SAUNDERS HASKETT (SBN 188053) 2 SAMUEL F. ERNST (SBN 223963) 3 [e-mail] 4 5 6 7 8
E. DANIEL ROBINSON (SBN 254458) [e-mail] JESSE R. GOODMAN (SBN 257990) [e-mail] COVINGTON & BURLING LLP One Front Street San Francisco, California 94111-5356 Telephone: [phone] Facsimile: 415.591.6091 DONDI VAN HORN [e-mail]

9 Attorneys for Plaintiff 10 11 12 13 14 15
DONDI VAN HORN, Plaintiff, v. Valley State Prison For Women; JAMES E. California Department of Corrections and STIPULATION AND PROTECTIVE ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No.: 1:08-CV-01622 LJO-DLB

16 TINA HORNBEAK individually and as Warden of 17 TILTON individually and as Secretary of the 18 Rehabilitation; ROBIN DEZEMBER individually 19 and as Chief Deputy Secretary of California 20 THOMPSON individually and as Director of 21 Rehabilitation; ROBERT SILLEN individually and 22 CLARK KELSO individually and as acting 23 California Health System Receiver; PAL VIRK 24 State Prison for Women; JAMES HEINRICH
as former California Health System Receiver; California Department of Corrections and

Department of Corrections and Rehabilitation; JEFF

individually and as Chief Medical Officer of Valley individually and as a physician employed at Valley

25 State Prison for Women; MADERA COMMUNITY
HOSPITAL; TINA DHILLON an individual; and NAEEM SIDDIQI an individual, Defendants. 27

26

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

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In an effort to facilitate discovery in this matter, Plaintiff Dondi Van Horn ("Ms. Van Horn") and

2 Defendants Tina Hornbeak, James E. Tilton, Robin Dezember, Jeff Thompson, Pal Virk, James 3 Heinrich, Madera Community Hospital, Tina Dhillon, and Naeem Siddiqi (collectively, 4 "Defendants") stipulate as follows: 5
1. All information, testimony, documents, or things produced or given (by a party or

6 by a non-party) as part of discovery in this action shall be governed by this Stipulated Protective 7 Order. This Protective Order designates certain material as "CONFIDENTIAL." 8
2. CONFIDENTIAL designation. The following materials are deemed to be

9 CONFIDENTIAL and to contain CONFIDENTIAL INFORMATION no matter from whom or by 10 whom they are obtained: (i) all medical and psychological records, reports, evaluations, and related 11 billing pertaining to Ms. Van Horn or Ms. Van Horn's physical, mental, or emotional condition or 12 abilities; (ii) Ms. Van Horn's central prison file; (iii) all personnel records, reports, evaluations, 13 compensation information, and disciplinary records pertaining to any party; (iv) all peer review 14 materials pertaining to any party; (v) all materials containing the protected health information of 15 any patient; (vi) any materials of a confidential nature that would be likely to cause personal or 16 professional harm to a party if publicly disseminated. 17 18
3. CONFIDENTIAL INFORMATION shall be designated as follows: A. documents provided by a party or non-party containing CONFIDENTIAL

19 INFORMATION shall be designated by marking the first page of each such document and each 20 page or pages on which such information appears with the following legend, or equivalent thereof: 21 "CONFIDENTIAL;" 22
B. documents provided by one party to the other for inspection and containing

23 CONFIDENTIAL INFORMATION may be designated orally prior to or during inspection by 24 counsel for the producing party as containing CONFIDENTIAL INFORMATION, thereby making 25 them subject to this Protective Order. Copies of such documents shall be marked with the 26 appropriate legend by the producing party when they are supplied to inspecting counsel, or as soon 27 as practicable thereafter. Until the producing party marks the documents with the appropriate 28 legend, such information shall be treated as information designated CONFIDENTIAL; 1
STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

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C. deposition testimony that comprises CONFIDENTIAL INFORMATION may be

2 designated as such by indicating on the record at the deposition that the specific testimony is 3 subject to the provisions of this Protective Order or by doing so in writing to the other parties 4 within fifteen (15) days after the transcript of the deposition has been sent to counsel for the parties 5 by the Court reporter. All information revealed during a deposition, unless otherwise agreed to by 6 the parties in writing or on the record, shall be treated as CONFIDENTIAL during the deposition 7 and for a period of fifteen (15) days after the deposition transcript has been sent to counsel for all 8 parties by the Court reporter; 9
D. discovery requests or responses, or affidavits, briefs, or other papers filed with

10 the Court and containing CONFIDENTIAL INFORMATION may be designated as such by 11 prominently marking the cover with the appropriate legend; 12
E. tangible objects constituting or containing CONFIDENTIAL INFORMATION

13 may be designated as such by affixing to the object or its container at the time of production a label 14 or tag marked with the appropriate legend. 15
4. All CONFIDENTIAL INFORMATION produced or exchanged in the course of

16 this litigation shall be used solely for the purpose of preparing for and conducting this litigation, 17 including trials and appeals, if any, and shall not be used in any other civil action or for any other 18 purpose. CONFIDENTIAL INFORMATION shall not be made public by the receiving party or 19 disclosed to persons not entitled to access under this Protective Order. 20
5. Access to or dissemination of CONFIDENTIAL INFORMATION shall be limited

21 by the receiving party to: 22
A. litigation counsel for the receiving party in this litigation and their firm staff,

23 including attorneys, paralegals, secretaries and support staff whose function requires access to 24 CONFIDENTIAL INFORMATION; 25
B. independent experts and consultants retained by a receiving party or counsel of

26 record in connection with this lawsuit and their assistants and clerical staff; 27
C. independent litigation support service personnel, including interpreters,

28 translators, and personnel at copying, imaging, and/or coding services; 2
STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

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D. court personnel, including any stenographic reporters, law clerks, paralegals,

2 secretarial, clerical and other court personnel; 3
E. an officer before whom a deposition is taken, including stenographic reporters

4 and any secretarial, clerical, or other lay personnel assisting such officer; 5 6
F. the Court or jury in this action; G. the parties to this action or, in the case of any party that is not a natural person,

7 the officers, directors, and managing agents of such party; 8
H. insurers and anyone potentially obligated to indemnify any party to the action for

9 liability in this action. 10
6. The persons entitled to have access to CONFIDENTIAL INFORMATION

11 pursuant to the terms of paragraph 5 shall not make available such CONFIDENTIAL 12 INFORMATION to any person other than: (i) those persons entitled to such access pursuant to the 13 terms of paragraph 5, or (ii) the party who produced the CONFIDENTIAL INFORMATION. With 14 respect to a document or thing designated as containing CONFIDENTIAL INFORMATION, a 15 person indicated on the face of the document or thing to be its originator, author, or recipient of a 16 copy thereof or where it is otherwise established at deposition and/or to the satisfaction of both 17 parties that the person had access to the document or thing prior to its production in this litigation, 18 may be shown that document or thing. 19
7. When a party seeks to submit documents to the Court that are or contain

20 CONFIDENTIAL INFORMATION, or that quote or refer to the substance of any such 21 CONFIDENTIAL INFORMATION, the submitting party shall bring a motion to file such 22 documents under seal. The parties must comply with all local rules regarding the filing of 23 documents under seal. When a party seeks to submit documents containing its own 24 CONFIDENTIAL INFORMATION to the Court, the submitting party may, in its discretion, bring 25 a motion to file such documents under seal. When a party declines to seek an order sealing 26 documents submitted to the Court containing its own CONFIDENTIAL INFORMATION, the 27 submitted material will no longer qualify for protection as CONFIDENTIAL INFORMATION 28 under this Protective Order. 3
STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

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8.

In the event that any CONFIDENTIAL INFORMATION is used in any Court pre-

2 trial proceeding in this litigation (including but not limited to conferences, oral arguments, or 3 hearings), the CONFIDENTIAL INFORMATION shall not lose its status as CONFIDENTIAL 4 INFORMATION through such use. Prior to such pre-trial proceeding, the party intending to use 5 such CONFIDENTIAL INFORMATION shall notify the party whose CONFIDENTIAL 6 INFORMATION is at issue of its intention. Upon such notification, the parties shall meet and 7 confer, and the party seeking to use the CONFIDENTIAL INFORMATION shall take all steps 8 reasonably required to protect the confidentiality of the CONFIDENTIAL INFORMATION during 9 such use, including, but not limited to, requesting in camera proceedings. The terms of this 10 Protective Order do not preclude, limit, restrict, or otherwise apply to the use of documents at trial. 11 The parties agree to meet and confer in good faith prior to trial to establish procedures for the use of 12 CONFIDENTIAL INFORMATION at trial. 13
9. Documents and things designated as containing CONFIDENTIAL

14 INFORMATION and any copies or extracts thereof, shall be retained by the receiving party in the 15 custody of the attorneys of record during the pendency of this action, except as reasonably 16 necessary to provide access to persons authorized under the provisions of this Stipulated Protective 17 Order. Any person who receives any CONFIDENTIAL INFORMATION shall maintain such 18 material in a secure and safe area and shall exercise due and proper care with respect to the storage, 19 custody, use, and/or dissemination of such material. 20
10. Nothing in this Protective Order shall bar or otherwise restrict any attorney for a

21 receiving party from rendering appropriate advice to the client with respect to this litigation, and in 22 the course of rendering such advice, referring to or relying generally on the substance of 23 CONFIDENTIAL INFORMATION reviewed. 24
11. Nothing in this Protective Order shall be construed as a limitation on a party's

25 ability to show its own CONFIDENTIAL INFORMATION to whomever the party may deem 26 appropriate. Nothing in this Protective Order shall be construed to limit a party's use of 27 information already in its possession prior to the litigation, provided that use complies with all other 28 legal requirements. 4
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12.

A receiving party shall not be obligated to challenge the propriety of a

2 CONFIDENTIAL INFORMATION designation at the time it is made, and a failure to do so shall 3 not preclude a subsequent challenge thereto. In the event that a party disagrees with a designation 4 of information as CONFIDENTIAL INFORMATION, the parties shall try first to dispose of such 5 dispute in good faith and on an informal basis. If the dispute cannot be resolved, any party may 6 seek appropriate relief from this Court. If such relief is requested from the Court, it shall be the 7 burden of the party claiming protection under this Protective Order to establish that the contested 8 material is CONFIDENTIAL INFORMATION. The information underlying the dispute shall be 9 treated as CONFIDENTIAL INFORMATION until the Court enters a ruling resolving the dispute. 10
13. If a party, through inadvertence, produces or discloses any CONFIDENTIAL

11 INFORMATION without designating, labeling, marking or otherwise indicating it as such in 12 accordance with the provisions of this Stipulated Protective Order, the producing party will not be 13 deemed to have waived confidentiality, as to that information, provided that, as soon as reasonably 14 possible after becoming aware of the inadvertent failure to mark, the producing party gives written 15 notice to the receiving party that the document or thing produced is deemed CONFIDENTIAL 16 INFORMATION and should be treated as such in accordance with the provisions of this Order. 17 Such correction and notice thereof shall be made in writing, accompanied by substitute copies of 18 each item, appropriately marked as CONFIDENTIAL INFORMATION. The receiving party must 19 thereafter treat such documents and things as CONFIDENTIAL INFORMATION and must make 20 reasonable attempts to retrieve CONFIDENTIAL INFORMATION previously disclosed to persons 21 not entitled to such access. Within five (5) days of receipt of the substitute copies, the receiving 22 party shall return or destroy the previously unmarked items and all copies thereof. 23
14. Any request by a party for an order permitting disclosure of CONFIDENTIAL

24 INFORMATION to persons to whom disclosure of such information would otherwise be prohibited 25 hereunder shall be denied unless good cause is shown. 26
15. No provision of this Protective Order shall be deemed to waive any applicable

27 privilege or work-product protection or to affect the ability of a party to seek relief for inadvertent 28 disclosure of material protected by privilege or work-product protection. If a party, through 5
STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

1 inadvertence, produces or discloses any document or information that it believes is subject to any 2 privilege or immunity, e.g., the attorney-client privilege or work product immunity, such 3 production shall not be deemed a waiver of any such privilege or immunity when the producing 4 party gives written notice to the receiving party that the document or information produced is 5 deemed privileged or immune and requests the return or destruction of the document or 6 information. Upon receipt of such written notice, the receiving party shall promptly return to the 7 producing party or destroy the original, all copies, and any portions of notes, papers, summaries or 8 other instruments that comprise, embody, summarize, discuss or quote from documents or things 9 for which the attorney-client privilege or work product immunity is asserted. Subsequent to such 10 written notice, no use shall be made of such documents, including during depositions or at trial, nor 11 shall they be shown to anyone. 12
16. Within sixty (60) days after the termination of this litigation including all appeals

13 thereof, each party shall assemble all documents, objects, and other material furnished and 14 designated as containing CONFIDENTIAL INFORMATION, all reproductions thereof, and all 15 documents incorporating CONFIDENTIAL INFORMATION, and shall either (i) return such 16 CONFIDENTIAL INFORMATION to the producing party, or (ii) destroy such CONFIDENTIAL 17 INFORMATION. The attorneys of record for each receiving party shall be entitled to retain a copy 18 of all pleadings, motion papers, discovery responses, deposition and trial transcripts, exhibits, legal 19 memoranda, correspondence, attorney work product, and any other documents related to this 20 litigation, provided said attorney and the employees of said attorney shall not disclose any 21 CONFIDENTIAL INFORMATION of a producing party except as compelled by law and after 22 reasonable notice to the producing party. 23
17. Any person receiving CONFIDENTIAL INFORMATION under the terms of this

24 Protective Order hereby agrees to subject himself or herself to the jurisdiction of this Court for 25 purposes of any proceedings relating to the performance under, compliance with or violation of this 26 Protective Order. 27 28 6
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18.

The terms of the Stipulated Protective Order shall survive the final termination of

2 this civil action except to the extent that any CONFIDENTIAL INFORMATION becomes known 3 to the public. 4
19. Unless the parties stipulate otherwise, evidence of the existence or nonexistence of

5 a designation under this Protective Order shall not be admissible for any purpose, and adherence to 6 this Protective Order in no way constitutes an admission by any party that any information 7 designated pursuant to this Protective Order is or is not confidential. In addition, adherence to this 8 Protective Order in no way constitutes a waiver of any party's right to object to any discovery 9 requests or admission of evidence on any grounds. 10
20. This Stipulated Protective Order and the parties' agreements and obligations

11 hereunder shall not prevent either party from applying to the Court for further or additional 12 protective orders, for modification of any of the terms and provisions of this Protective Order, or 13 from agreeing between themselves to a modification of this Protective Order, subject to the 14 approval of the Court, or from presenting to the Court any matter relating to this Protective Order. 15
21. This Court shall retain jurisdiction to resolve any disputes arising under this

16 Protective Order for 12 months after the conclusion of the litigation. 17 18 19 20 21 22 23 24 25 26 27 28 7
STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

DATED: July 28, 2009

COVINGTON & BURLING LLP By __/s/ Christine Saunders Haskett_______ CHRISTINE SAUNDERS HASKETT Attorneys for Plaintiff DONDI VAN HORN

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

DATED: July 7, 2009

EDMUND G. BROWN JR. Attorney General of the Sate of California

By _/s/ Diana Esquivel_ DIANA ESQUIVEL Attorneys for Defendants Dr. Virk, James Heinrich, M.D., Tina Hornbeck, James E. Tilton, Robin Dezember, and Jeff Thompson

DATED: July 8, 2009

MCCORMICK BARSTOW SHEPPARD WAYTE & CARRUTH LLP By _/s/ Daniel Wainwright_____ DANIEL WAINWRIGHT Attorneys for Defendant Madera Community Hospital

DATED: July 9, 2009

WEISS MARTIN SALINAS & HEARST By __/s/ Andrew Aller____ ANDREW ALLER Attorneys for Defendant Tina Dhillon, M.D.

21 DATED: July 9, 2009 22 23 24 25 26 27 28

BAKER MANOCK & JENSEN By _/s/ Christopher D. Bell______ CHRISTOPHER D. BELL Attorneys for Defendant Naeem Siddiqi, M.D.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB

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DEAC_Signature-END:

IT IS SO ORDERED. Dated:

August 7, 2009

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER; CASE NO. 1:08-CV-01622 LJO-DLB