Hanna v. Mariposa County Sheriff Dept. et al

Filing 164

Order re: stipulated 163 protective order; Order STRIKING 162 first stipulated protective order, signed by Magistrate Judge Stanley A. Boone on 3/20/2015. (Rosales, O)

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1 WANGER JONES HELSLEY PC 265 East River Park Circle, Suite 310 2 Fresno, California 93720 3 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 E-Mail: owanger@wjhattorneys.com 4 Oliver W. Wanger #40331 5 Kurt F. Vote #160496 Jena M. Graykowski #276420 6 Steven W. Dahlem #135498 7 MARIPOSA COUNTY COUNSEL 5100 Bullion Street, Post Office Box 189 Mariposa, California 95338 8 Telephone: (209) 966-3222 Facsimile: (209) 966-5147 9 E-Mail: sdahlem@mariposacounty.org 10 Attorneys for: 11 12 Defendants MICHAEL KING, CHRISTOPHER BOEHM, DONALD T. RUMFELT and CHRISTOPHER RAMIREZ UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 RICHARD CHARLES HANNA, 16 19 ORDER RE: STIPULATED PROTECTIVE ORDER Plaintiff, 17 18 Case No. 1:12-cv-00501-AWI-SAB v. (ECF No. 163) MARIPOSA COUNTY SHERIFF DEPT., DEPUTY BOEHM, RUMFELT, RAMIREZ and KING;, 20 ORDER STRIKING FIRST STIPULATED PROTECTIVE ORDER (ECF No. 162) Defendants. 21 22 23 Plaintiff Richard C. Hanna (“Plaintiff”), on behalf and himself, and 24 Defendants Michael King, Christopher Boehm, Donald T. Rumfelt, and Christopher Ramirez 25 (collectively, “Defendants”), by and through their attorneys, hereby agree as follows: 26 WHEREAS, Plaintiff and Defendants shall be referred to collectively herein as 27 the “Parties”; 28 /// 1 1 WHEREAS, Plaintiff has commenced the above-captioned action against 2 Defendants alleging that Defendants used excessive force while Plaintiff was in their custody; 3 WHEREAS, discovery has commenced in the above-captioned action and, in 4 connection with such discovery, the Parties may seek documents and other information that the 5 Parties consider to be privileged, confidential or proprietary information, or information 6 involving third party rights of privacy; 7 WHEREAS, the Parties wish to protect such information from unauthorized 8 and/or unnecessary disclosure; 9 WHEREAS, the Parties also wish to prevent the possibility of any misuse or 10 unnecessary disclosure of the information sought regardless of the existence of any privacy right 11 and/or confidentiality. 12 IT IS THEREFORE STIPULATED, pending further order of the Court, that 13 the following procedures designed to ensure the protection of confidential and other information 14 shall govern all forthcoming pre-trial discovery proceedings: 15 1. Any party to this lawsuit in good faith may designate any or all 16 documents, testimony, and other information produced in this action as subject to this Stipulated 17 Protective Order upon the reasonable belief that said information actually constitutes documents 18 involving financial information, third party privacy rights, trade secrets or competitively19 sensitive, confidential and/or proprietary information (the “Confidential Information”). 20 21 2. Confidential Information may be designated as follows: (a) Documents or copies of the same provided by any Party hereto or 22 other third party to another Party containing Confidential Information may be designated by 23 marking the page or the pages on which the Confidential Information appears with the legend: 24 “CONFIDENTIAL – to be used solely within the confines and for the purposes of Hanna v. 25 Mariposa County, et al., Case No. 1:12-cv-00501.” 26 /// 27 /// 28 2 1 (b) In lieu of marking each page, the producing party may, at its 2 option, Bates-stamp the documents and identify in writing, groups of pages between which all 3 the documents or information contain Confidential Information. 4 (c) Confidential Information disclosed at a deposition may be designated 5 by any Party hereto as Confidential Information by: clearly indicating at the deposition and on the 6 record, as set forth below, the specific testimony containing the Confidential Information that is to 7 be made subject to the provisions of this Stipulation and Order. The court reporter will immediately 8 note this designation on the record and will thereafter designate that portion of the transcript and/or 9 document involved as Confidential Information and all such portions of transcripts supplied to 10 counsel will be so designated. 11 (d) It will be Plaintiff’s (or his counsel if one is later retained) and 12 counsel for Defendants’ responsibility to assure that the Confidential Information portions of the 13 depositions are not disclosed to anyone not authorized to receive Confidential Information pursuant 14 to this Stipulation and Order. Exhibits marked as Confidential Information at any deposition will be 15 sealed in a separate envelope that is marked on the outside: “CONFIDENTIAL – to be used solely 16 within the confines and for the purposes of Hanna v. Mariposa County, et al., Case No. 1:12-cv17 00501.” 18 (e) Confidential Information contained in responses to interrogatories, 19 other discovery requests or responses, affidavits, briefs, memoranda, or other papers filed with the 20 Court, may be designated as Confidential Information by prominently marking each page 21 containing confidential Information with the legend: “CONFIDENTIAL – to be used solely within 22 the confines and for the purposes of Hanna v. Mariposa County, et al., Case No. 1:12-cv23 00501.” 24 (f) The attorneys of record shall be responsible for insuring that any of 25 their work product which contains Confidential Information of another Party entitled to protection 26 under this Order, including copies of production documents, notes, memoranda, and documents 27 prepared for filing with the Court, complies with this Stipulation and Order. 28 /// 3 1 3. Any document or other information so designated may be shown, or its 2 contents disclosed to the following persons only: (a) 3 The attorneys of record for each party to this action and their firm 4 staff, including associates, paralegals, secretaries, and support staff and the like; (b) 5 Representatives of any party to this litigation, provided that such 6 representatives agree, in advance, to be bound by this Stipulated Protective Order, to use such 7 Confidential Information solely within the confines and for the purposes of this litigation, and 8 that they will not disclose such Confidential Information to any person or entity who is not 9 entitled to receive such Confidential Information under this Stipulated Protective Order; (c) 10 Retained or non-retained experts and/or consultants, provided such 11 experts or consultants agree, in advance, to be bound by this Stipulated Protective Order, to use 12 such Confidential Information solely within the confines and for the purposes of this litigation, 13 and that they will not disclose such Confidential Information to any person or entity who is not 14 entitled to receive such Confidential Information under this Stipulated Protective Order; and (d) 15 Court stenographers, deponents and witnesses, outside copy services, 16 interpreters, and translators whose functions require them to have access to Confidential 17 Information. 18 4. All Confidential Information produced or exchanged in the course of this 19 litigation shall be used solely within the confines and for the purposes of this litigation. Documents 20 or other information designated as subject to this Stipulated Protective Order shall not be 21 disclosed or shown to any other person or entity unless or until the side wishing to make such 22 disclosure informs the other side and gives them a reasonable time to object, at least 30 calendar 23 days. In the event of objection, the Parties’ respective counsel of record will make a good faith 24 effort to resolve their dispute informally before filing any motion with the above-entitled Court 25 relating to said dispute. If an objection is made in writing, the document shall not be disclosed 26 until the court has issued a decision determining that disclosure of the document is appropriate. 27 /// 28 4 1 5. Any Confidential Information designated under this Stipulated Protective 2 Order shall be used solely for the purpose of assisting counsel of record for the Parties in 3 connection with this litigation and not for any competitive or business purpose or any other 4 purpose whatsoever or for any other litigation matter. 5 6. The Parties’ and their counsel of record agree to make all reasonable 6 efforts to ensure compliance with this Stipulated Protective Order. Any persons referred to in 7 paragraphs 3(a), (b), (c) and (d) subject to this Stipulated Protective Order to whom documents 8 and other information designated as Confidential Information are disclosed, shall first read a 9 copy of this Stipulated Protective Order and agree in writing to abide by the terms thereof. 10 7. This Stipulated Protective Order is without prejudice to any Parties’ right 11 to object to production of any document or other disclosure of information on any ground it/he 12 may deem appropriate, and any party or non-party may, upon duly noticed motion, seek relief 13 from, or modification of, this Stipulated Protective Order based on a showing of good cause. 14 8. The designation of any Confidential Information under this Stipulated 15 Protective Order is intended solely to facilitate the preparation of this case for trial, and treatment 16 by the other party in conformity with such designation shall not be construed in any way as an 17 admission or agreement by such opposing counsel or party that the designated information 18 contains any trade secret or confidential information in contemplation of law. No party shall be 19 obligated to challenge the propriety of any designation by the opposing party, and a failure to do 20 so shall not preclude a subsequent attack on the propriety of any designation of Confidential 21 Information. 22 9. If designated documents or other information are improperly disclosed to 23 any person other than in the manner authorized by this Stipulated Protective Order, the party 24 responsible for the disclosure must immediately inform the other party of all pertinent facts 25 relating to such disclosure, including the name and address of each person to whom disclosure 26 was made, and shall make reasonable efforts to prevent further disclosure by said authorized 27 person(s). 28 5 1 10. The Parties will, prior to commencement of trial, enter into mutually 2 agreeable stipulations and protective orders with respect to any documents or other information 3 to be disclosed during trial. Any unresolved disputes shall be resolved in accordance with the 4 rules of the United States District Court, Eastern District of California – Fresno Division. Any 5 party intending to utilize any document designated as confidential in a law and motion matter or 6 at trial should lodge the document under seal so as to preserve its confidentiality pending the 7 Court’s determination as to whether a privilege exists that precludes the use of the document as 8 evidence or determining what safeguards should be utilized if the confidential documents are to 9 be considered as evidence. 10 11. The inadvertent or unintentional disclosure of Confidential Information, 11 regardless of whether the information was so designated at the time of disclosure, shall not be 12 deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to the specific 13 information disclosed or as to any other information relating to the same or related subject matter. 14 Such inadvertent or unintentional disclosure may be rectified by notifying in writing the counsel of 15 record for all parties to whom the information was disclosed that the information is confidential and 16 subject to this Stipulated Protective Order. Such notification shall constitute a designation of the 17 information as Confidential Information. 18 12. Upon final determination of this action, unless otherwise agreed to in 19 writing, each party shall assemble and return all designated material, including all copies thereof, 20 to the party who designated the material as Confidential Information and certify in writing that 21 all such material has been returned or destroyed. 22 IT IS SO STIPULATED. 23 DATED: March 20, 2015 By /s/ Jena M. Graykowski Oliver W. Wanger Jena M. Graykowski Attorneys for Defendants By /s/ Richard Hanna Plaintiff Richard Charles Hanna 24 25 26 IT IS SO STIPULATED. 27 DATED: March 17, 2015 28 6 1 2 ORDER 3 On March 20, 2015, Defendant filed two stipulated protective orders. (ECF Nos. 162, 4 163.) Defendant e-mailed a copy of the stipulated protective order for signature, indicating the 5 original filing had a typographical error which was corrected in the second document filed. 6 Accordingly, IT IS HEREBY ORDERED that 7 1. 8 The first stipulated protective order (ECF No. 162) is STRICKEN FROM THE RECORD; 9 2. 10 Based upon the stipulation of the parties, the amended Stipulated Protective Order (ECF No. 163) is APPROVED; and 11 3. The parties are advised that pursuant to the Local Rules of the United States 12 District Court, Eastern District of California, any documents which are to be filed 13 under seal will require a written request as specified in Rule 141. 14 15 IT IS SO ORDERED. 16 Dated: March 20, 2015 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 7

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