Danks v. Martel

Filing 88

Stipulated Protective Order, signed by District Judge Jennifer L. Thurston on 6/30/2023. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH MARTIN DANKS,

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Case No. 1:11-cv-00223-JLT

Petitioner,

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DEATH PENALTY CASE

v.

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STIPULATED PROTECTIVE ORDER

RON BROOMFIELD, Warden of California
State Prison at San Quentin,

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Respondent.1

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Petitioner JOSEPH MARTIN DANKS and Respondent RON BLOOMFIELD, as

18 Warden of the California State Prison at San Quentin, by and through their counsel of record,
19 stipulate that a protective order may be entered by the Court as follows (see Doc. 87):
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The parties agree that, to adequately litigate claims in the operative 28 U.S.C. § 2254

21 habeas corpus petition (Doc. 28), Respondent requires access to certain documents filed under
22 seal in state court which are pending a sealing request in this proceeding (Doc. 86), viz.
23 portions of sealed state Reporter’s Transcripts which intrude upon matters heretofore protected
24 by the attorney-client and attorney work product privileges. These Transcripts relate to state
25 court proceedings conducted pursuant to People v. Marsden, 2 Cal. 3d 118 (1970), on the
26 following dates: (1) July 7, 1992, (2) November 10, 1992, (3) January 22, 1993, and (4)
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Pursuant to the Federal Rules of Civil Procedure, Rule 25(d), Ron Broomfield, Warden of San Quentin State
Prison, shall be substituted as Respondent in place of his predecessor wardens.

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1 February 1, 1993.
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The parties agree that pursuant to Bittaker v. Woodford, 331 F.3d 715, 720 (9th Cir.

3 2003), Petitioner has waived his attorney-client and work product privileges with respect to
4 these sealed Transcripts to afford Respondent the ability to prepare his answer to the petition.
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The parties agree to the issuance of a protective order pursuant to Bittaker, 331 F.3d at

6 717 n.1 and Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012) limiting use and/or distribution of
7 the sealed Transcripts. Thus, the Court ORDERS:
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For purposes of the preparation of Respondent’s answer to the petition, the sealed

9 Reporter’s Transcripts (dated July 7, 1992; November 10, 1992; January 22, 1993; and
10 February 1, 1993) of proceedings conducted pursuant to Marsden, upon lodging under seal in
11 this proceeding, may be used only by representatives from the Office of the California
12 Attorney General, any representative of the Attorney General and any expert retained by the
13 Attorney General’s Office in this federal habeas proceeding. If a representative of the Attorney
14 General’s Office provides the sealed Reporter’s Transcripts to an expert as authorized above,
15 the Attorney General’s Office shall inform the expert of this protective order and the expert’s
16 obligation to keep the Transcripts confidential.
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This order shall continue in effect after the conclusion of the habeas corpus proceedings

18 and specifically shall apply in the event of a retrial of all or any portion of Petitioner’s criminal
19 case, except that either party maintains the right to request modification or vacation of this
20 order upon entry of final judgment in this matter.
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IT IS SO ORDERED.
Dated:

June 30, 2023

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