Harrell v. California Department of Developmental Services

Filing 21

Sitpulation for PROTECTIVE ORDER and Protective ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 12/13/2012. (Herman, H)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
BARBARA J. SEIDMAN, State Bar No. 137638
Supervising Deputy Attorney General
JUDITH A. RECCHIO, State Bar No. 163060
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Department of
Developmental Services

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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DAVID HARRELL,

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1:11-cv-01127-LJO-BAM
Plaintiff, STIPULATION FOR PROTECTIVE
ORDER AND PROTECTIVE ORDER

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v.

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CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES and
DOES 1-100, inclusive,

Judge:
Hon. Barbara A. McAuliffe
Action Filed: April 26, 2011

Defendants.

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Subject to the approval of this Court, the parties hereby stipulate to the following

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protective order:

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1.

In connection with discovery proceedings in this action, the parties hereby designate

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documents as “confidential” under the terms of this Stipulation for Protective Order

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(hereinafter “Order”). The documents protected pursuant to this Order have not been made public

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and the disclosure of said documents would have the effect of causing harm.

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2.

The documents eligible for protection under this order include:

///

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Stipulation for Protective Order and Protective Order (1:11-cv-01127-LJO-BAM)

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A.

Medical information regarding a third party, including but not limited to patient

medical records. Production of such documents would violate a third party’s right to privacy.

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B.

Confidential reports and investigations that would reveal the deliberations,

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communications and predecisional mental process made in regard to medical and mental health

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care provided to the patients and/or personnel records of peace officers and other employees.

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C.

parties. Production of such documents would violate a third party’s right to privacy.

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A third party’s personnel file or documents relating to the employment of third

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Department training materials regarding the operations of its facilities, which

include intelligence training. Production of such documents would compromise the safety and
security of the facilities, employees and patients.
3.

By designating documents as “confidential” under the terms of this Order, the party

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making the designation is certifying to the Court that there is a good faith basis both in law and in

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fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g).

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4.

Documents produced by a party shall be designated by the party as “confidential” by

bates stamping copies of the document with the word “CONFIDENTIAL”.
5.

Documents designated as “confidential” under this Order (hereinafter, “Confidential

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Material”), the information contained therein, and any summaries, copies, abstracts, or other

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documents derived in whole or in part from material designated as confidential shall be used only

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for the purpose of this action, and for no other purpose.

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6.

Confidential Material produced pursuant to this Order may be disclosed or made

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available only to counsel for a party (including the paralegal, clerical, and secretarial staff

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employed by such counsel and independent office services vendors hired by such counsel).

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Confidential Material may be provided to any expert retained for consultation and/or trial. In the

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event that Confidential Material is given to an expert, counsel that retained the expert shall

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provide a copy of this Order with the Confidential Material.

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7.

The Confidential Material produced pursuant to this Order will be redacted with

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respect to (i) social security numbers; (ii) dates of birth; (iii) financial information (including

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financial account numbers); and (iv) in all circumstances when federal law requires redaction.
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Stipulation for Protective Order and Protective Order (1:11-cv-01127-LJO-BAM)

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Each redaction must be identified by showing what information has been redacted (e.g., “social

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security number,” etc.) This provision complies with Eastern District Local Rule 140.

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8.

If a party would like to use Confidential Material in Court filings, at least seven (7)

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days notice shall be given to all parties. All parties shall comply with the requirements of

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Eastern District Local Rule 141, in the event that a party would like Confidential Material to be

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sealed. In lieu of seeking a motion to seal, the parties may agree to redact identifying information

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relating to any patient and/or any third party peace officer. Such identifying information includes

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but is not limited to names, identification numbers, badge number, commitment number, or other

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information that would disclose the identity of a patient or peace officer.

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9.

Nothing in this Order shall in any way limit or prevent Confidential Material from

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being used in any deposition or other proceeding in this action. In the event that any Confidential

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Material is used in any deposition or other proceeding in this action, it shall not lose its

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confidential status through such use.

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10. This Order is entered for the purpose of facilitating the exchange of documents

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between the parties to this action without involving the Court unnecessarily in the process.

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Nothing in this Order, or the production of any document under the terms of this Order,

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shall be deemed to have the effect of an admission or waiver by either party or of altering

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the confidentiality or non-confidentiality of any such document.

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11. Nothing in this Order shall in and of itself require disclosure of information that is

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protected by the attorney-client privilege, work-product doctrine, or any other privilege,

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doctrine, or immunity, nor does anything in this Order, result in any party giving up its right to

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argue that otherwise privileged documents must be produced due to waiver or for any other

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reason.

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12. If Confidential Material produced in accordance with this Order is disclosed to any

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person other than in the manner authorized by this Order, the party responsible for the disclosure

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shall immediately bring all pertinent facts relating to such disclosure to the attention of all counsel

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of record and, without prejudice to other rights and remedies available to the producing party,

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make every effort to obtain the return of the disclosed Confidential Material and prevent further
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Stipulation for Protective Order and Protective Order (1:11-cv-01127-LJO-BAM)

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disclosure of it by the person who was the recipient of such information.
13. This Order shall survive the final termination of this action, to the extent that the

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Confidential Material is not or does not become known to the public, and the Court shall

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retain jurisdiction to resolve any dispute concerning the use of the information disclosed

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hereunder. Counsel for the parties shall destroy all Confidential Material in their possession,

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custody, or control within 180 (one hundred eighty) days of final termination of this action, which

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shall be deemed to occur only when final judgment has been entered and all appeals have been

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exhausted.

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IT IS SO STIPULATED.
Dated: December 12, 2012

MAYALL HURLEY P.C.

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By:

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Dated: December 12, 2012

/s/ Robert Wasserman
Robert Wasserman
Attorneys for Plaintiff David Harrell

OFFICE OF THE ATTORNEY GENERAL

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By:

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/s/ Judith A. Recchio
Judith A. Recchio
Deputy Attorney General
Attorneys for Defendant Department
of Developmental Services

ORDER
Having considered the stipulated protective order filed and signed by all parties on
December 12, 2012, pursuant to Local Rule 141, the Court adopts the protective order in its
entirety.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 13, 2012

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Stipulation for Protective Order and Protective Order (1:11-cv-01127-LJO-BAM)