Clark v. County of Tulare et al

Filing 17

Stipulated PROTECTIVE ORDER Re: Tulare County Sheriff's Department Policies & Procedures, Reports and Correspondence 13 ; ORDER Thereon signed by Magistrate Judge Gary S. Austin on 2/19/2010. (Esteves, C)

1 KATHLEEN BALES-LANGE, #094765 County Counsel for the County of Tulare 2 Julia C. Langley, # 161035 3 Deputy County Counsel 2900 West Burrel, County Civic Center 4 Visalia, California 93291 5 Phone: [phone] Fax: [phone] E-mail: [e-mail] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 COUNTY OF TULARE; BILL WITTMAN, individually and in his official capacity as TULARE COUNTY SHERIFF; and DOES 1 through 10, Defendants. WHEREAS, the parties believe, in good faith, that the following documents subject to discovery requests, contain information that is or may be: (a) confidential, sensitive, or potentially invasive of an individual's privacy interests; (b) not generally known; and vs. Plaintiff, MICHAEL CLARK, Case Number: 1:09-cv-02106-JLOGSA STIPULATED PROTECTIVE ORDER RE: TULARE COUNTY SHERIFF'S DEPARTMENT POLICIES & PROCEDURES, REPORTS AND CORRESPONDENCE AND ORDER THEREON Attorneys for Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO

24 (c) not normally revealed to the public or third parties or, if disclosed to third parties, would 25 require such third parties to maintain the information in confidence: Tulare County Sheriff's 26 Department Policies and Procedures, Reports and Correspondence. 27 28
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

1 Stipulated Protective Order

1 2 3 4 5

IT IS HEREBY STIPULATED, by, among and between the parties hereto through their counsel of record, that documents may be designated as "Confidential" by the parties and produced subject to the following Protective Order: 1. The disclosed documents shall be used solely in connection with the civil case

6 of Michael Clark vs. County of Tulare, et al.; Case Number 1:09-cv-02106-JLO-GSA 7 8 9 (Eastern District of California) and in the preparation and trial of the case, or any related proceeding. The parties are not waiving any objections to the admissibility of the documents

10 or portions of the documents in future proceedings, including the trials of the matters. 11 12 13 14 2. A party producing confidential documents and materials may designate those

materials by affixing a mark labeling them as Confidential as set forth in paragraph 9 below. If any Confidential materials cannot be labeled with the aforementioned marking, those

15 materials shall be placed in a sealed envelope or other container that is in turn marked 16 Confidential as set forth in paragraph 6. 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

3.

Documents or materials designated under this Protective Order as

"Confidential" may only be disclosed to the following persons: a) b) c) d) e) f) g) h) Counsel for the parties; Paralegals and/or legal assistants regularly employed by counsel for the parties, and stenographic deposition reporters or videographers retained in connection with this action; Clerical and secretarial personnel regularly employed by counsel for the parties; Court personnel including stenographic reporters or videographers engaged in proceedings as are necessarily incidental to the preparation for the trial of the civil action; Any expert, consultant or investigator retained in connection with this action; The finder of fact at the time of trial, subject to the court's rulings on in limine motions and objections of counsel; Any employee of COUNTY OF TULARE or the CITY OF WOODLAKE, described in paragraph 5 below; and Outside litigation support services retained by counsel, to the extent necessary to assist such counsel in this litigation, limited to copy services and scanning services.
2 Stipulated Protective Order

1 2 3 4

4.

Prior to the disclosure of any Confidential information to any person identified

in paragraph 3, sections (e), (f), (g), and (h) each such recipient of Confidential information shall be provided with a copy of this Stipulated Protective Order, which he or she shall read.

5 Upon reading this Stipulated Protective Order, such person shall acknowledge in writing or on 6 the record that he or she has read this Stipulated Protective Order and shall abide by its terms. 7 8 9 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

10 this Protective Order, including without limitation, any proceeding for contempt. Provisions 11 of this Protective Order, insofar as they restrict disclosure and use of the material, shall be in 12 13 14 effect until further order of this Court. Receiving counsel shall be responsible for internally tracking the identities of those individuals to whom copies of documents marked Confidential

15 are given. The producing party may not request the identities of said individuals, however, 16 until the final termination of the litigation or if it is able to demonstrate a good faith basis that 17 the receiving party, or an agent thereof, has breached the Stipulated Protective Order. 18 5. Nothing herein shall limit a party's ability to use Confidential information to 19 20 examine or cross-examine witnesses who are current or former officers or employees who 21 took part in or have knowledge relating of the creation and/or implementation of the 22 confidential documents, including any witness designated under FRCP 30(b)(6) by the County 23 of Tulare. 24 6. All documents or materials designated as Confidential pursuant to this 25 26 Protective Order, and all papers or documents containing information or materials designated 27 as Confidential, that are filed with the Court for any purpose, shall be filed and served under 28
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

seal, pursuant to Local Rule 141.

3 Stipulated Protective Order

1 2 3 4 5

7.

The designation of information as Confidential, and the subsequent production

thereof, is without prejudice to the right of any party to oppose the admissibility of the designated information. 8. A party may apply to the Court for an order that information or materials

6 labeled Confidential are not, in fact, confidential. Prior to so applying, the party seeking to 7 8 9 reclassify Confidential information shall meet and confer with the producing party. Until the matter is resolved by the parties or the Court, the information in question shall continue to be

10 treated according to its designation under the terms of this Order. The producing party shall 11 have the burden of establishing the propriety of the Confidential designation. A party shall 12 13 14 15 not be obligated to challenge the propriety of a confidentiality designation at the time made, and a failure to do so shall not preclude a subsequent challenge thereto. 9. Copies of Confidential Documents: The following procedures shall be utilized by

16 the parties in production of documents and materials designated Confidential: 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

a)

b)

The receiving party's counsel shall not furnish, disclose, or otherwise divulge any information contained in the confidential documents to any individual other than those specifically authorized herein without further order of the Court or authorization from counsel for the producing party. Plaintiff shall produce documents and materials designated Confidential to Defendants with a marking on each page labeled: "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER Michael Clark vs. County of Tulare, et al. USDC, Eastern District, Case No. 1:09-cv-02106-JLO-GSA Julia C. Langley, Deputy County Counsel, Attorneys for Defendants"

c)

If any document or information designated as Confidential pursuant to this Protective Order is used or disclosed during the course of a deposition, that portion of the deposition record reflecting such material shall be stamped with the appropriate designation and access shall be limited pursuant to the terms of this Protective Order. The Court Reporter for the deposition shall mark the deposition transcript cover page and all appropriate pages or exhibits, and each copy thereof, in accordance with paragraph 9(b) of this Protective Order. Only individuals who are authorized by this Protective Order to see or receive such
4 Stipulated Protective Order

1 2 3 4 10.

material may be present during the discussion or disclosure of such material. Notwithstanding the provisions of paragraph 3, confidential information

produced pursuant to this Protective Order may not be delivered, exhibited or otherwise

5 disclosed to any reporter, writer or employee of any trade publication, newspaper, magazine 6 or other media organization. 7 8 9 11. Should any information designated as confidential be disclosed, through

inadvertence or otherwise, to any person or entity not authorized to receive it under this

10 Protective Order, the disclosing person(s) shall promptly: 11 12 13 14 15 16 17 12. After the conclusion of this litigation, all documents and materials, in whatever 18 form stored or reproduced, containing confidential information will remain confidential, and 19 if filed with the Court, shall remain under seal. No later than 30 days following settlement or 20 21 22 persons having received the confidential documents shall destroy said documents. Within 30 23 days of destruction of the confidential documents, counsel for the receiving party shall 24 provide counsel for the producing party with a declaration setting forth the number of copies 25 26 27 the manner in which the documents were destroyed, and the date of destruction. This 28 declaration shall be signed under penalty of perjury by counsel for the receiving party. The conclusion of this litigation means a termination of the case following trial or settlement.
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

a) b)

Inform counsel for the producing party of the recipient(s) and the circumstances of the unauthorized disclosure; and Use reasonable efforts to bind the recipient(s) to the terms of this Protective Order.

No information shall lose its Confidential status because it was disclosed to a person not authorized to receive it under this Protective Order.

of receiving notice of the entry of an order, judgment, or decree terminating this action, all

that were made during the litigation, the number of copies destroyed at the end of litigation,

5 Stipulated Protective Order

1 2 3 4

13.

If any party appeals a jury verdict or order terminating the case, counsel for the

receiving party shall retain possession of all confidential documents pending final outcome of the appeal after which they shall be destroyed by the receiving party's counsel, pursuant to the

5 terms set out in paragraph 12. 6 7 8 9 14. This Stipulated Protective Order shall remain in full force and effect and shall

continue to be binding on all parties and affected persons after this litigation terminates, subject to any subsequent modifications of this Stipulated Protective Order for good cause

10 shown by this Court or any Court having jurisdiction over an appeal of this action. After this 11 action terminates, any party may seek to modify or dissolve this Stipulated Protective Order 12 13 14 by Court order for good cause shown or by the parties' stipulation. 15. The Court shall retain jurisdiction, even after this lawsuit terminates, (a) to

15 make such amendments, modifications and additions to this Protective Order as it may from 16 time to time deem appropriate upon good cause shown and (b) to adjudicate any dispute 17 respecting improper use or disclosure of confidential material. 18 19 Dated: February 17, 2010 20 21 22 23 24 25 26 27 28
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

KATHLEEN BALES-LANGE, County Counsel By: /s/ Julia C. Langley Julia C. Langley Deputy County Counsel Attorneys for Defendants County of Tulare, Bill Wittman s/ Andrew A. Magwood Andrew Armour Magwood MAGWOOD LAW FIRM Attorney for Plaintiff Michael Clark

Dated: February 17, 2010

By:

6 Stipulated Protective Order

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY COUNSEL TULARE COUNTY VISALIA, CALIFORNIA

ORDER Upon reviewing the stipulation of the parties, the stipulation is hereby adopted. IT IS SO ORDERED. Dated: February 19, 2010 /s/ Gary S. Austin The Honorable Gary S. Austin United States Magistrate Judge

NAN/2/11/2010/20091627/295009

7 Stipulated Protective Order