Quinn v. Fresno County Sheriff et al

Filing 49

STIPULATION and PROTECTIVE ORDER Authorizing Limited Disclosure Confidential County of Fresno Public Health Department and Fresno County Sheriff's Department Policies, signed by Magistrate Judge Sandra M. Snyder on 7/26/2011. (Herman, H)

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James J. Arendt, Esq.
Roy C. Santos, Esq.

Bar No. 142937
Bar No. 259718

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

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Attorneys for Defendants, COUNTY OF FRESNO, DAVID ALANIS, and LINDA PENNER
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES LORAN QUINN,

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Plaintiff,
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vs.
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FRESNO COUNTY SHERIFF, FRESNO
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COUNTY PROBATION DEPARTMENT, )
OFFICER DAVID ALANIS, OFFICER
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LEONARD RICHERT, FRESNO COUNTY )
DISTRICT ATTORNEY, FRESNO
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COUNTY JAIL, ET AL. and DOES 1 to 100 )
INCLUSIVE,
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Defendants.
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____________________________________ )

CASE NO.: 1:10-CV-01617-OWW-SMS

STIPULATION AND PROTECTIVE ORDER
AUTHORIZING LIMITED DISCLOSURE
CONFIDENTIAL COUNTY OF FRESNO
PUBLIC HEALTH DEPARTMENT AND
FRESNO COUNTY SHERIFF’S
DEPARTMENT POLICIES

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

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

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order:

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County of Fresno Public Health Department Policies

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2.

Fresno County Sheriffs Department Policies

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The above-named documents which are maintained by the COUNTY OF FRESNO and requested

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by plaintiffs through discovery, may be disclosed to counsel for the plaintiffs pursuant to the protective

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order detailed below. The documents requested by plaintiffs contain information which is deemed

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highly confidential. The release of these documents pursuant to this Stipulation and Protective Order
does not waive the confidentiality privilege protecting the above-named documents from general

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disclosure.

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Based on the foregoing, IT IS HEREBY STIPULATED:

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1.

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

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“confidential documents”), and produced by parties to this action, are subject to this Protective Order.

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2.

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v. County of Fresno, et al., USDC Case No.: 1:10-CV-01617-OWW-SMS, and in the preparation of trial

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of this case, or any related proceeding.

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3.

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them as “James L. Quinn v. County of Fresno, USDC, Eastern District of California, Case No. 1:10-CV-

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01617-OWW-SMS, Counsels’ Eyes Only” If any Confidential documents cannot be labeled with the

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

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

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requesting parties.

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4.

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following persons:

Confidential documents shall be used solely in connection with the civil case of James L. Quinn

The COUNTY 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 the

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a)

Counsel for the parties;

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b)

Paralegal, clerical, and secretarial personnel regularly employed by counsel

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

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retained in connection with this action;

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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;

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d)

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

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e)

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

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motions and objections of counsel.

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5.

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seal in accordance with Local Rule 141.

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6.

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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 under

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

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

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

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

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this Protective Order. Each person to whom disclosure is made shall agree on the record or in writing

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that he/she has read the Protective Order and he/she understands the provisions of the Protective Order.

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Such person must also consent to be subject to the jurisdiction of the United States District Court,

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Eastern District of California, with respect to any proceeding related to enforcement of this Protective

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

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insofar as they restrict disclosure and use of the material, shall be in effect until further order of this

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Court.

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8.

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to any person not authorized to receive it under this Protective Order, the disclosing person(s) shall

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promptly (a) inform the COUNTY OF FRESNO of the recipient(s) and the circumstances of the

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

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

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

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

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

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of this litigation means a termination of the case following applicable post-trial motions, appeal and/or

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retrial.

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

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defendants in a manner in which the COUNTY OF FRESNO will be able to reasonably identify that all

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documents were returned. Counsel for the plaintiffs will also take all reasonable and necessary steps to

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

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to the attorneys for the COUNTY OF FRESNO.

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IT IS SO STIPULATED.

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DATED: July 11, 2011

Should any document designated confidential be disclosed, through inadvertence or otherwise,

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

WEAKLEY & ARENDT, LLP

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By:

/s/ Roy C. Santos
James J. Arendt
Roy C. Santos
Attorneys for Defendants

By:

/s/ David M. Hollingsworth
David M. Hollingsworth
Attorney for Plaintiff

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DATED: July 11, 2011

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IT IS SO ORDERED.

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Dated:
icido3

July 26, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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