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)

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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: (559) 221-5256 Facsimile: (559) 221-5262 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

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