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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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)

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