Wheeler v. Alison et al
Filing
210
PROTECTIVE ORDER signed by Magistrate Judge Dennis L. Beck on 1/21/2015. (Sant Agata, S)
1
2
3
4
5
6
7
8
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: (916) 445-2595
Fax: (916) 324-5205
E-mail: Lawrence.Bragg@doj.ca.gov
Attorneys for Defendants
Murrieta, Lowder, Loftis, Duck, Ancheta, Neubarth,
Ross and Allison
9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
FRESNO DIVISION
12
13
ERIC WHEELER,
1:12-cv-00861-LJO-DLB
14
Plaintiff, PROTECTIVE ORDER
15
v.
Judge:
The Honorable Dennis L. Beck
Trial Date:
Not Set
Action Filed: May 25, 2012
16
17
KATHLEEN ALISON, et al.,
18
Defendants.
19
20
In the course of this litigation, Plaintiff Wheeler has demanded the production of
21
documents in discovery which Defendants contend contain confidential information which, if
22
shared or disclosed, could jeopardize the safety and security of institution(s) operated by the
23
California Department of Corrections and Rehabilitation (CDCR), its employees, inmates,
24
informants and their families, the Defendants, or other individuals. The Court orders the
25
following to protect the confidentiality of those documents:
26
1.
The provisions of this Protective Order apply to the confidential records and
27
information (“confidential material”) designated by Defendants and/or CDCR as “Confidential,”
28
and those confidential records and information which the Court orders Defendants and/or CDCR
1
PROTECTIVE ORDER (1:12-cv-00861-LJO-DLB)
1
to produce following an in camera hearing. The Court-issued Protective Order applies because
2
those documents contain confidential information, which if shared, could jeopardize the safety
3
and security of CDCR institutions, its employees, inmates, informants and their families, the
4
Defendants, or other individuals.
5
2.
(a) Plaintiff Wheeler, and Wheeler’s appointed or retained attorney(s) of record, if
6
7
The confidential material may be disclosed only to the following persons:
any;
8
(b) The attorney(s) of record for Defendants and CDCR;
9
(c) Any paralegal, secretarial, or clerical personnel regularly employed by counsel
10
for Wheeler, Defendants, and CDCR, who are necessary to aid counsel for Wheeler, Defendants,
11
and CDCR in the litigation of this matter; and
12
13
14
(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
15
pro per, and claims to be indigent, Wheeler may not disclose confidential material to anyone he
16
claims he has hired and/or employed as a legal assistant, paralegal, secretary, or clerical
17
personnel, absent a further Order from this Court.
18
3.
None of the confidential material or information contained within the confidential
19
material shall be shown to, discussed with, or disclosed in any other manner to any other inmate
20
or former inmate, any parolee or former parolee, or any other person not indicated in paragraph 2,
21
unless a written waiver expressly authorizing such disclosure has been obtained from counsel for
22
Defendants and CDCR, who maintains possession and control over the original confidential
23
material.
24
4.
No person who has access to the confidential material, as set forth in paragraph 2,
25
shall copy any portion of the confidential material, except as necessary to provide a copy of the
26
confidential material to any other authorized individual listed in paragraph 2, or to submit copies
27
to the Court under seal in connection with this matter. Any copies made for such purpose will be
28
subject to this order. A copy of this order must be provided to any individual authorized to access
2
PROTECTIVE ORDER (1:12-cv-00861-LJO-DLB)
1
the confidential material before providing that individual with access to the confidential
2
material. Plaintiff and counsel for the parties shall maintain a record of all persons to whom
3
access to the confidential material has been provided. The Court and counsel for Defendants and
4
CDCR may request a copy of such record at any time to determine compliance with the Court’s
5
order.
6
5.
Any exhibits or documents filed with the Court that reveal confidential material, or
7
the contents of any confidential material, shall be submitted on purple or pink paper, filed under
8
seal, labeled with a cover sheet bearing the case name and number and the statement: “This
9
document is subject to a Protective Order issued by the Court and may not be copied or examined
10
except in compliance with that Order.” Documents so labeled shall be kept by the Clerk of this
11
Court under seal and shall be made available only to the Court or counsel of record for the
12
parties. If any party fails to file confidential material in accordance with this paragraph, any party
13
may request that the Court place the filing under seal.
14
6.
Any argument, discussion, or examination of any witness privy to the confidential
15
material as to any confidential information shall be done in camera and any record of such
16
argument, discussion, or examination shall be kept under seal. Plaintiff Wheeler and counsel for
17
each party shall only discuss in open court the summaries of confidential information as worded
18
by Defendants and/or CDCR contained in any non-confidential record (i.e., the summaries of
19
confidential information as written in the CDCR 1030 Confidential Information Disclosure
20
Forms, informational chronologies, or other non-confidential records).
21
7.
At the conclusion of the proceedings in this case, including any period for appeal
22
or collateral review, or upon other termination of this litigation, Plaintiff Wheeler and counsel for
23
Wheeler, if any, shall destroy all confidential materials and all copies of such material in
24
counsel’s possession or return such materials to counsel for CDCR.
25
8.
All confidential material in this matter shall be used solely in connection with the
26
litigation of this matter, or any related appellate proceeding and collateral review, and not for any
27
other purpose, including any other litigation or proceeding.
28
3
PROTECTIVE ORDER (1:12-cv-00861-LJO-DLB)
1
2
3
9.
Any violation of this order may result in sanctions by this Court, including
contempt, and may be punishable by state or federal law.
10.
The provisions of this order shall remain in effect until further order of this
4
Court. The Court will provide counsel for Defendants and/or CDCR an opportunity to be heard
5
should the Court find modification of this order necessary.
6
7
IT IS SO ORDERED.
8
Dated:
/s/ Dennis
January 21, 2015
9
L. Beck
UNITED STATES MAGISTRATE JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
PROTECTIVE ORDER (1:12-cv-00861-LJO-DLB)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?