(PC) Dubrin et al v. Bonilla

Filing 42

ORDER GRANTING #41 Stipulation for Protective Order, signed by Magistrate Judge Jennifer L. Thurston on 1/25/13. (Marrujo, C)

1
2
3
4
5
6
7

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
KELLI M. HAMMOND, State Bar No. 217485
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 Defendants
Holland, Steadman, Bounville and Stainer

8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
FRESNO DIVISION
11
12
13

DUBRIN, et al.,

14

1:11-cv-01484 AWI JLT (PC)
Plaintiffs, ORDER GRANTING STIPULATION
FOR PROTECTIVE ORDER

15

v.
(Doc. 41).

16
Michael Stainer, et al.,
17
Defendants.
18
19
20
21

IT IS STIPULATED BY THE PARTIES, BY AND THROUGH THEIR
RESPECTIVE COUNSEL, AND ORDERED BY THE COURT AS FOLLOWS:

22

A.

CONFIDENTIAL MATERIAL SUBJECT TO THIS PROTECTIVE ORDER

23

Plaintiffs seek the production of documents, files, memoranda, letters, electronic mail,

24

written reports, personnel information, and other records pertaining to the denial of privileges to

25

inmates housed in the Security Housing Unit (SHU) at the California Correctional Institution

26

(CCI), as well as documents, files, memoranda, letters, written reports, personnel information,

27

and other records contained in the confidential portions of inmates’ central files (“Document” or

28

“Documents”).
1
Protective Order (1:11-cv-01484 AWI JLT (PC))

1

These Documents may contain information that has been deemed confidential by the

2

California Department of Corrections and Rehabilitation (“CDCR”).

Release of any such

3

Documents may jeopardize the safety and security of the institution, as well as inmates and

4

correctional personnel. Therefore, Defendants shall be entitled to designate in good faith which

5

of the Documents in its production are confidential. The criteria for such a designation shall be

6

whether the Document is of an inflammatory, sensitive, privileged, or confidential nature, such

7

that the release of this information is deemed inappropriate.

8

With respect to any such Documents, the parties stipulate to the following procedure : (1)

9

Before CDCR releases these Documents to Plaintiffs’ counsel, the parties will meet and confer to

10

determine whether they can agree that the records are admissible evidence, or are likely to lead to

11

the discovery of admissible evidence, and will be produced subject to the conditions set forth

12

below; (2) if the parties do not agree, then the documents in question will be presented to the

13

Court for in camera review; and (3) documents ordered to be produced after in camera review

14

will be subject to the conditions of this protective order as set forth below.

15

B.

CONDITIONS FOR RELEASE OF CONFIDENTIAL DOCUMENTS

16

1. Defendants shall indicate which Documents in its production it claims are

17

confidential by producing such Documents on pink or lilac-colored paper, by stamping them as

18

“confidential” on their face, or by other mutually agreeable means. If Defendants do not indicate

19

that a particular Document is confidential at the time it is produced, it will be presumed not

20

confidential, without prejudice to Defendants’ right to assert confidentiality at a later time.

21

2. Confidential Documents and the information contained therein may be disclosed only

22

to the following persons:

23

a.

Counsel of record;

24

b.

Paralegal, stenographic, clerical, and secretarial personnel employed by counsel

25

of record;

26

c.

27
28

Court personnel, stenographic reporters, and videographers engaged in such
proceedings that are incidental to preparation for the trial in this action;

///
2
Protective Order (1:11-cv-01484 AWI JLT (PC))

1

d.

2

Any outside expert or consultant retained by the parties for purposes of this
litigation;

3

e.

Witnesses to whom the Documents and the information contained in the

4

Documents may be disclosed during, or in preparation for, a deposition taken in

5

this matter, or otherwise during the preparation for trial and during trial,

6

provided that the witness may not leave any deposition with copies of any of

7

the confidential Documents, and shall be informed or and shall agree to be

8

bound by the terms of this order.

9

3.

Plaintiff’s counsel is prohibited from disclosing any confidential Documents or

10

information to Plaintiffs, any inmate presently or previously in the custody of the CDCR, or any

11

other correctional facility, including Federal facilities, or any relative of an inmate presently or

12

previously in the custody of the CDCR.

13

4.

Plaintiff’s counsel, including paralegal, stenographic, clerical, and secretarial

14

personnel employed by Plaintiff’s counsel of record shall not make copies of the confidential

15

Documents except as necessary for purposes of this litigation, Dubrin, et al. v. Stainer, et al.,

16

USDC, Eastern District of California, 1:11-cv-01484 AWI JLT (PC), including appeals.

17

5.

Each person to whom disclosure of confidential Documents and the information

18

contained therein is made shall, prior to the time of disclosure, be provided a copy of this order

19

and shall agree in writing that he or she has read this order, understands the provisions and

20

conditions, and agrees to be bound by its provisions, and consent to be subject to the jurisdiction

21

of the United States District Court for the Eastern District of California with respect to any

22

proceeding relating to the enforcement of this order, including, without limitation, any proceeding

23

for contempt.

24
25
26

6.

At the conclusion of this litigation, including appeals, all confidential Documents,

including copies, shall be destroyed or returned to the Defendants.
7.

When Plaintiffs’ counsel returns or destroys the confidential Documents, counsel

27

shall provide Defendants’ counsel with a declaration stating that all confidential Documents have

28

been returned or destroyed.
3
Protective Order (1:11-cv-01484 AWI JLT (PC))

1

8.

All confidential Documents and the information contained therein shall be used solely

2

in connection with this litigation, including appeals, and not for any other purpose, including

3

other litigation.

4

9.

All confidential Documents that are filed with the Court shall be filed under seal,

5

labeled with a cover sheet bearing the case name along with the following statement: “This

6

document is subject to a protective order issued by the Court and shall not be examined or copied

7

except in compliance with that order.” Upon failure of the filing party to file confidential

8

Documents under seal, any party may request that the Court place the document under seal.

9

Should a party wish to file a confidential Document, that party SHALL comply with

10

the requirements of Local Rule 141. Upon the failure of the filing party to request the Court file

11

confidential Documents under seal, any party may request that the Court place the document

12

under seal, according to Local Rule 141.

13

10. Nothing in this protective order is intended to prevent officials or employees of the

14

State of California, or other authorized government officials, from having access to confidential

15

Documents to which they would have access in the normal course of their official duties.

16

11. The provisions of this protective order are without prejudice to the right of any party:

17

a.

18

To apply to the Court for a further protective order relating to any confidential
Documents or material, or relating to discovery in this litigation;

19

b.

20

To apply to the Court for an order removing the confidential material
designation from any Documents;

21

c.

22

///

23

///

24

To object to a discovery request.

///

25
26
27
28
4
Protective Order (1:11-cv-01484 AWI JLT (PC))

1
2
3
4

12. This Protective Order shall be binding on the parties as of the date it is signed by the

5

parties. The provisions of this order shall remain in full force and effect until further order of this

6

Court.

7

IT IS SO STIPULATED.

8

January 23, 2013

_____/s/ Kelli M. Hammond__________
KELLI M. HAMMOND
Attorney for Defendants

January 22, 2013

_____/s/ Mark Ravis________________
MARK RAVIS
Attorney for Plaintiffs

9
10
11
12
13
14

ORDER

15
16

IT IS SO ORDERED.

17

Dated:

January 25, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

18
DEAC_Sig nature-END:

19

9j7khijed

20
21
22
23
24
25
26
27
28
5
Protective Order (1:11-cv-01484 AWI JLT (PC))