Wheeler v. Alison et al

Filing 210

PROTECTIVE ORDER signed by Magistrate Judge Dennis L. Beck on 1/21/2015. (Sant Agata, S)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
R. LAWRENCE BRAGG, State Bar No. 119194
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
Murrieta, Lowder, Loftis, Duck, Ancheta, Neubarth,
Ross and Allison

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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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ERIC WHEELER,

1:12-cv-00861-LJO-DLB

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Plaintiff, PROTECTIVE ORDER
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v.

Judge:
The Honorable Dennis L. Beck
Trial Date:
Not Set
Action Filed: May 25, 2012

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KATHLEEN ALISON, et al.,

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Defendants.

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In the course of this litigation, Plaintiff Wheeler has demanded the production of

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documents in discovery which Defendants contend contain confidential information which, if

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shared or disclosed, could jeopardize the safety and security of institution(s) operated by the

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California Department of Corrections and Rehabilitation (CDCR), its employees, inmates,

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informants and their families, the Defendants, or other individuals. The Court orders the

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following to protect the confidentiality of those documents:

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1.

The provisions of this Protective Order apply to the confidential records and

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information (“confidential material”) designated by Defendants and/or CDCR as “Confidential,”

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and those confidential records and information which the Court orders Defendants and/or CDCR
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to produce following an in camera hearing. The Court-issued Protective Order applies because

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those documents contain confidential information, which if shared, could jeopardize the safety

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and security of CDCR institutions, its employees, inmates, informants and their families, the

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Defendants, or other individuals.

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2.

(a) Plaintiff Wheeler, and Wheeler’s appointed or retained attorney(s) of record, if

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The confidential material may be disclosed only to the following persons:

any;

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(b) The attorney(s) of record for Defendants and CDCR;

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(c) Any paralegal, secretarial, or clerical personnel regularly employed by counsel

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for Wheeler, Defendants, and CDCR, who are necessary to aid counsel for Wheeler, Defendants,

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and CDCR in the litigation of this matter; and

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(d) Court personnel and stenographic reporters necessarily involved in these
proceedings.
As Wheeler is an inmate, incarcerated at institutions operated by CDCR, is proceeding in

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pro per, and claims to be indigent, Wheeler may not disclose confidential material to anyone he

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claims he has hired and/or employed as a legal assistant, paralegal, secretary, or clerical

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personnel, absent a further Order from this Court.

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3.

None of the confidential material or information contained within the confidential

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material shall be shown to, discussed with, or disclosed in any other manner to any other inmate

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or former inmate, any parolee or former parolee, or any other person not indicated in paragraph 2,

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unless a written waiver expressly authorizing such disclosure has been obtained from counsel for

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Defendants and CDCR, who maintains possession and control over the original confidential

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material.

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4.

No person who has access to the confidential material, as set forth in paragraph 2,

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shall copy any portion of the confidential material, except as necessary to provide a copy of the

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confidential material to any other authorized individual listed in paragraph 2, or to submit copies

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to the Court under seal in connection with this matter. Any copies made for such purpose will be

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subject to this order. A copy of this order must be provided to any individual authorized to access
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the confidential material before providing that individual with access to the confidential

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material. Plaintiff and counsel for the parties shall maintain a record of all persons to whom

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access to the confidential material has been provided. The Court and counsel for Defendants and

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CDCR may request a copy of such record at any time to determine compliance with the Court’s

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order.

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5.

Any exhibits or documents filed with the Court that reveal confidential material, or

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the contents of any confidential material, shall be submitted on purple or pink paper, filed under

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seal, labeled with a cover sheet bearing the case name and number and the statement: “This

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document is subject to a Protective Order issued by the Court and may not be copied or examined

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except in compliance with that Order.” Documents so labeled shall be kept by the Clerk of this

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Court under seal and shall be made available only to the Court or counsel of record for the

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parties. If any party fails to file confidential material in accordance with this paragraph, any party

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may request that the Court place the filing under seal.

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6.

Any argument, discussion, or examination of any witness privy to the confidential

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material as to any confidential information shall be done in camera and any record of such

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argument, discussion, or examination shall be kept under seal. Plaintiff Wheeler and counsel for

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each party shall only discuss in open court the summaries of confidential information as worded

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by Defendants and/or CDCR contained in any non-confidential record (i.e., the summaries of

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confidential information as written in the CDCR 1030 Confidential Information Disclosure

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Forms, informational chronologies, or other non-confidential records).

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7.

At the conclusion of the proceedings in this case, including any period for appeal

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or collateral review, or upon other termination of this litigation, Plaintiff Wheeler and counsel for

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Wheeler, if any, shall destroy all confidential materials and all copies of such material in

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counsel’s possession or return such materials to counsel for CDCR.

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8.

All confidential material in this matter shall be used solely in connection with the

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litigation of this matter, or any related appellate proceeding and collateral review, and not for any

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other purpose, including any other litigation or proceeding.

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9.

Any violation of this order may result in sanctions by this Court, including

contempt, and may be punishable by state or federal law.
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The provisions of this order shall remain in effect until further order of this

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Court. The Court will provide counsel for Defendants and/or CDCR an opportunity to be heard

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should the Court find modification of this order necessary.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 21, 2015

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L. Beck

UNITED STATES MAGISTRATE JUDGE

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