Engert v. Stanislaus County et al

Filing 190

STIPULATION and ORDER to Permit Defendants County of Stanislaus and Lt. Cliff Harper to File Replies to Opposition to Motions for Summary Judgment/Adjudication and all Related Documents Under Seal signed by District Judge Lawrence J. O'Neill on 4/15/2015. (Sant Agata, S)

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Richard H. Schoenberger SBN 122190
Spencer J. Pahlke, SBN 250914
WALKUP, MELODIA, KELLY &
SCHOENBERGER
650 California Street, 26th Floor
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs IRINA ENGERT,
ANNE ENGERT, and RON ENGERT

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A PROFESSIONAL CORPORATION
Terence J. Cassidy, SBN 099180
Kristina M. Hall, SBN 196794
Lauren E. Calnero, SBN 284655
350 University Avenue, Suite 200
Sacramento, California 95825
Tel: [phone]
Fax: [phone]

Sean D. O’Dowd SBN 296320
GOYETTE & ASSOCIATES
2366 Gold Meadow Way Ste 200
Gold River, CA 95670
Tel: [phone]
Fax: [phone]
Attorney for Defendant SERGEANT MANUEL
MARTINEZ
Bruce A. Kilday, SBN 66415
Amie C. McTavish, SBN 242372
ANGELO, KILDAY & KILDUFF, LLP
601 University Avenue Suite 150
Sacramento, CA 958625
Tel: [phone]
Fax: [phone]
Attorney for Defendants DEPUTY MICHAEL
GLINSKAS and ESTATE OF ROBERT
PARIS, JR

Attorneys for Defendant COUNTY OF
STANISLAUS,
SHERIFF
ADAM
CHRISTIANSON and LIEUTENANT CLIFF
HARPER
Jesse M. Rivera, SBN 84259
Jill B. Nathan, SBN 186136
RIVERA & ASSOCIATES
2180 Harvard St Ste 310
Sacramento, CA 95815
Tel: [phone]
Fax: [phone]
Attorneys for Defendant SERGEANT
MANUEL MARTINEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STIPULATION TO PERMIT DEFENDANTS TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER
{01393052.DOC}

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IRINA ENGERT, ANNE ENGERT, and RON
ENGERT, Individually and as Successors-inInterest to Glendon Engert,

Case No.: 1:13-CV-00126-LJO-BAM
STIPULATION
TO
PERMIT
DEFENDANTS
COUNTY
OF
STANISLAUS AND LT. CLIFF HARPER
TO FILE REPLIES TO OPPOSITION TO
MOTIONS
FOR
SUMMARY
JUDGMENT/ADJUDICATION AND ALL
RELATED DOCUMENTS UNDER SEAL;
ORDER

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Plaintiffs,

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vs.
STANISLAUS COUNTY; SHERIFF ADAM
CHRISTIANSON; ROBERT LEE PARIS, SR.
and ELIZABETH JANE PARIS, PERSONAL
REPRESENTATIVES TO THE ESTATE OF
DEPUTY SHERIFF ROBERT LEE PARIS,
JR.; DEPUTY MICHAEL GLINSKAS;
SERGEANT
MANUEL
MARTINEZ;
LIEUTENANT
CLIFF
HARPER;
RT
FINANCIAL, INC.; RONI ROBERTS; and
DOES ONE through TWENTY-FIVE,
inclusive,
Defendants.
______________________________________

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs IRINA ENGERT,

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RON ENGERT and ANNE ENGERT, and Defendants COUNTY OF STANISLAUS, SHERIFF

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ADAM CHRISTIANSON, LIEUTENANT CLIFF HARPER, SERGEANT MANUEL MARTINEZ,

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DEPUTY MICHAEL GLINSKAS, the ESTATE OF DEPUTY ROBERT LEE PARIS, JR..

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(collectively, the “Parties”), by and through their undersigned Counsel, pursuant to Local Rules 143,

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144 and 230(f) as follows:

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1.

Defendants COUNTY OF STANISLAUS and LIEUTENANT CLIFF HARPER filed a

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motion for summary judgment, or in the alternative, summary adjudication, on March 16, 2015.

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Defendants’ motion was submitted in conjunction with a Notice of Request to Seal Documents and

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Request to Seal due to the Motion and related documents containing confidential peace officer

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personnel information and confidential medical information. The Court granted Defendants’ request on

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March 18, 2015. (Docket No. 123)

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STIPULATION TO PERMIT DEFENDANTS TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER
{01393052.DOC}

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2.

Defendant SERGEANT MANUEL MARTINEZ filed a motion for summary judgment,

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or in the alternative, summary adjudication, on March 16, 2015. Defendant MARTINEZ’s motion also

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was submitted in conjunction with a Request to Seal Documents on the same grounds as the COUNTY

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and HARPER. The Court granted Defendant Martinez’s request to seal documents on March 18, 2015.

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(Docket No. 123)

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3.

Defendants DEPUTY MICHAEL GLINSKAS and the ESTATE OF DEPUTY

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ROBERT LEE PARIS, JR. filed a motion for summary judgment, or in the alternative, summary

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adjudication, on March 16, 2015. These Defendants joined in the Request to Seal Documents filed by

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Defendants COUNTY OF STANISLAUS and LIEUTENANT CLIFF HARPER.

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4.

On April 7, 2015, Plaintiffs IRINA ENGERT, ANNE ENGERT and RON ENGERT

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filed their Opposition to Defendants’ Motions for Summary Judgment/Adjudication. For the same

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reasons that Defendants requested that portions of their Motion and related evidence be submitted

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under seal, Plaintiffs also requested that they be permitted to file their Opposition and related

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documents under seal. (See Docket No. 171.) On April 7, 2015, the Court granted Plaintiffs’ request

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to file the Opposition and related materials under seal. (See Docket No. 172.)

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5.

Defendants COUNTY OF STANISLAUS and LT. CLIFF HARPER have prepared their

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Reply briefs, Reply to Plaintiffs’ Responses to Defendants’ Separate Statement of Undisputed Material

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Facts in Support of Motion for Summary Judgment/Adjudication, Response to Plaintiffs’ Additional

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Material Facts, and Objections and Motions to Strike Evidence, which are must be filed by April 15,

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2015 in accordance with the terms of the modified briefing scheduled previously endorsed by the Court

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(see Docket No. 125). All of the briefs and related documents that Defendants submit will incorporate

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and restate the confidential information that was contained in both Defendants’ moving papers and

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Plaintiffs’ Opposition thereto, as well as additional confidential information of the same nature as part

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of the Reply. Specifically, the information sought to be filed under seal pertains to 1) discussions

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regarding training and performance evaluations; 2) Deputy Paris’s hearing and issues related thereto;

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and 3) any information reflecting or discussing a complaint lodged by Deputy Mike Veil against

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Deputy Paris and administrative notes reflecting steps taken by Lieutenant Cliff Harper, Sergeant

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STIPULATION TO PERMIT DEFENDANTS TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER
{01393052.DOC}

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Martinez and Captain Bill Duncan to address the concerns raised by Deputy Veil, as well as

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investigative efforts relating to same.

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Since all other briefs, arguments, pleadings, evidence and materials pertaining to

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Defendants’ Motion for Summary Judgment/Adjudication, and Plaintiffs’ Opposition thereto, have

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been filed under seal, Defendants inquired of the Court on April 15, 2015, as to whether the original

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sealing order applicable to Defendants’ Motion for Summary Judgment/Adjudication would also be

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applicable to their Reply and related documents and pleadings. The Court’s clerk directed Defendants

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to file this Stipulation and Proposed Order for filing under seal.

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7.

In accordance with Eastern District Local Rule 141, Defendants COUNTY OF

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STANISLAUS and LT. CLIFF HARPER make the following designations regarding portions of the

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Replies and related pleadings that they request to be filed under seal:

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

Reply Brief: Page 1, lines 12-13 and line 16; Page 3, lines 13-26; Page 4, lines 1-9 and lines 1328; Page 5, lines 1-5, lines 21-23, and line 26.



Defendants’ Reply to Plaintiffs’ Response to Separate Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication.
Defendants seek to file the following UMF Numbers under seal: UMF Nos. 61, 79, 82, 83-103,
105-107, 109-114, 116, and 118.



Defendants’ Response to Plaintiffs’ Separate Statement of Additional Material Facts: AMF
Nos. 1-90, 108 and 109.



Defendants’ Joint Objections to and Motions to Strike Plaintiffs’ Evidence: Objection No. 9.

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8.

The Parties believe and therefore stipulate that the foregoing documents should be

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sealed and/or redacted throughout the duration of this action in accordance with the aforementioned

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authorities and thereafter be destroyed following resolution and/or completion of this case. The Parties

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further stipulate that these documents should be accessible only by the named parties, their counsel and

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employees of counsel, the Court, and court personnel for purposes of this litigation only.

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STIPULATION TO PERMIT DEFENDANTS TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER
{01393052.DOC}

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Based on the foregoing, the Parties stipulate and respectfully request that the District

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Court permit Defendants’ Replies and all documents and pleadings related to the Replies to be filed

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under seal for the same reasons that the Court permitted the Motions for Summary

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Judgment/Adjudication, Plaintiffs’ Opposition thereto, and all documents related to both to be filed

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under seal.

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Respectfully submitted,
Dated: April 15, 2015

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WALKUP, MELODIA, KELLY & SCHOENBERGER
By

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/s/ Richard H. Schoenberger (authorized on 4/15/15)
Richard H. Schoenberger
Spencer J. Pahlke
Attorneys for Plaintiffs
IRINA ENGERT, ANNE ENGERT, and RON ENGERT

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Dated: April 15, 2015

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ Lauren E. Calnero
Terence J. Cassidy
Kristina M. Hall
Lauren E. Calnero
Attorneys for Defendants
COUNTY OF STANISLAUS; SHERIFF ADAM
CHRISTIANSON; LIEUTENANT CLIFF HARPER

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Dated: April 15, 2015

RIVERA & ASSOCIATES
By

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/s/ Jill B. Nathan (authorized 4/15/15)
Jesse M. Rivera
Jill B. Nathan
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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Dated: April 15, 2015

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GOYETTE & ASSOCIATES
By

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/s/ Sean D. O’Dowd (authorized 4/15/15)
Sean D. O’Dowd
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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STIPULATION TO PERMIT DEFENDANTS TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER
{01393052.DOC}

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Dated: April 15, 2015

ANGELO, KILDAY & KILDUFF, LLP

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By

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/s/ Amie McTavish (authorized 4/15/15)
Bruce Kilday
Amie McTavish
Attorney for Defendants
DEPUTY MICHAEL GLINSKAS and ESTATE OF
DEPUTY ROBERT PARIS, JR.

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ORDER

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Having reviewed the above stipulation and good cause appearing therefore, IT IS HEREBY

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ORDERED that Defendants COUNTY OF STANISLAUS and LIEUTENANT CLIFF HARPER, may
file

their

Replies

to

Plaintiffs’

Opposition

to

Defendants’

Motions

for

Summary

Judgment/Adjudication and all pleadings and documents related thereto under seal.
IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill

April 15, 2015

UNITED STATES DISTRICT JUDGE

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STIPULATION TO PERMIT DEFENDANTS TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR
SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER
{01393052.DOC}