Willis, et al. v. City Of Fresno, et al.

Filing 88

STIPULATION and Protective ORDER Authorizing Limited Disclosure Confidential Fresno Police Department Records signed by Magistrate Judge Dennis L. Beck on 6/15/2011. (Figueroa, O)

1
2
3
4

James D. Weakley, Esq.
Roy C. Santos, Esq.

Bar No. 082853
Bar No. 259718

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

5
6

Attorneys for Defendants, CITY OF FRESNO, CHIEF JERRY DYER, OFFICER GREG CATTON
and OFFICER DANIEL ASTACIO

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
CITY OF FRESNO, OFFICER GREG
CATTON, OFFICER DANIEL ASTACIO, )
CHIEF JERRY DYER, and DOES 1 through )
)
50 inclusive,
)
)
Defendants.
____________________________________ )

CHRIS WILLIS, MARY WILLIS,
INDIVIDUALLY AND SUCCESSORS IN
INTEREST TO STEPHEN WILLIS;
JENNAFER URIBE,

CASE NO. 1:09-CV-01766-LJO-DLB

STIPULATION AND PROTECTIVE
ORDER AUTHORIZING LIMITED
DISCLOSURE CONFIDENTIAL FRESNO
POLICE DEPARTMENT RECORDS

19

IT IS HEREBY STIPULATED between the parties, through their respective counsel, and

20

ordered by this Court, that the following documents will be disclosed pursuant to this stipulation

21

and protective order:

22

1.

Fresno Police Department OIS investigation 2009-0037.

23

The above-named documents which are maintained by the CITY OF FRESNO Police

24

Department and requested by plaintiffs through discovery, may be disclosed to counsel for the

25

plaintiffs pursuant to the protective order detailed below. The documents requested by plaintiffs

26

contain information which is deemed highly confidential. The release of these documents pursuant

27

to this Stipulation and Protective Order does not waive the confidentiality privilege protecting the

28

above-named document from general disclosure.
____________________________
Stipulation and Protective Order OIS 2009 0037

1

Based on the foregoing, IT IS HEREBY STIPULATED:

2

1.

3

collectively “confidential documents”), and produced by parties to this action, are subject to this

4

Protective Order.

5

2.

6

Willis, et al. v. City of Fresno, et al., USDC Case No.: 1:09-CV-01766-LJO-DLB, and in the

7

preparation of trial of this case, or any related proceeding.

8

3.

9

them as “Chris Willis v. City of Fresno, USDC, Eastern District of California, Case No. 1:09-CV-

10

01766-LJO-DLB, Counsels’ Eyes Only” If any Confidential documents cannot be labeled with the

11

aforementioned marking, those materials shall be placed in a sealed envelope or other container that

12

is in turn marked with the appropriate designation in a manner agreed upon by the disclosing and

13

requesting parties.

14

4.

15

the following persons:

These documents are designated as “Confidential – Counsel Only” (hereinafter

Confidential documents shall be used solely in connection with the civil case of Chris

The CITY OF FRESNO will produce the confidential documents by affixing a mark labeling

Confidential documents designated under this Protective Order as may only be disclosed to

16

a)

Counsel for the parties;

17

b)

Paralegal, clerical, and secretarial personnel regularly employed by counsel

18

referred to in subpart (a) directly above, including stenographic deposition reporters or

19

videographers retained in connection with this action;

20
21

c)

Court personnel including stenographic reporters or videographers engaged

in proceedings as are necessarily incidental to the preparation for the trial of the civil action;

22

d)

Any expert or consultant retained in connection with this action; and

23

e)

The finder of fact at the time of trial, subject to the court’s rulings on in

24

limine motions and objections of counsel.

25

5.

26

under seal in accordance with Local Rule 141.

27

6.

28

thereof, is without prejudice to the right of any party to oppose the admissibility of the designated

All Confidential documents filed with the Court for any purpose shall be filed and served

The designation of information as Confidential documents, and the subsequent production

____________________________
Stipulation and Protective Order OIS 2009 0037

2

1

information.

2

7.

3

clerical, and secretarial personnel, who are presumed to know the contents of this Protective Order,

4

shall, prior to the time of disclosure, be provided by the person furnishing him or her such material,

5

a copy of this Protective Order. Each person to whom disclosure is made shall agree on the record

6

or in writing that he/she has read the Protective Order and he/she understands the provisions of the

7

Protective Order. Such person must also consent to be subject to the jurisdiction of the United

8

States District Court, Eastern District of California, with respect to any proceeding related to

9

enforcement of this Protective Order, including without limitation, any proceeding for contempt.

10

Provisions of this Protective Order, insofar as they restrict disclosure and use of the material, shall

11

be in effect until further order of this Court.

12

8.

13

otherwise, to any person not authorized to receive it under this Protective Order, the disclosing

14

person(s) shall promptly (a) inform the CITY OF FRESNO of the recipient(s) and the circumstances

15

of the unauthorized disclosure to the relevant producing person(s) and (b) use best efforts to bind

16

the recipient(s) to the terms of this Protective Order. No information shall lose its confidential

17

status because it was disclosed to a person not authorized to receive it under this Protective Order.

18

After the conclusion of this litigation, all documents, in whatever form stored or reproduced,

19

containing Confidential documents will remain confidential and subject to this Protective Order.

20

The conclusion of this litigation means a termination of the case following applicable post-trial

21

motions, appeal and/or retrial.

22

9.

23

provisions of this Protective Order, including all copies made, shall be tendered back to the

24

attorneys for the defendants in a manner in which the CITY OF FRESNO will be able to reasonably

25

identify that all documents were returned. Counsel for the plaintiffs will also take all reasonable and

26

necessary steps to ensure that persons to whom they disclose the confidential documents return the

27

confidential documents to the attorneys for the CITY OF FRESNO.

28

///

Each person to whom disclosure is made, with the exception of counsel, and its paralegal,

Should any document designated confidential be disclosed, through inadvertence or

After the conclusion of this litigation, all confidential documents received under the

____________________________
Stipulation and Protective Order OIS 2009 0037

3

1

IT IS SO STIPULATED:

2
DATED: June 10, 2011
3
WEAKLEY & ARENDT, LLP
4
5

By:

6

/s/ Roy C. Santos
James D. Weakley
Roy C. Santos
Attorneys for Defendants

7
8

DATED: June 10, 2011
WALTER, HAMILTON & KOENIG, LLP

9
10

By:

11
12

/s/ Rana Ansari-Jaberi
Walter H. Walker, III
Rana Ansari-Jaberi
Peter J. Koenig
Attorneys for Plaintiff

13
IT IS SO ORDERED.
14
Dated:

June 15, 2011

15

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
____________________________
Stipulation and Protective Order OIS 2009 0037

4