LeFay et al v. LeFay et al
Filing
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Stipulation Protective Order Regarding Fresno Police Officers' Training Records And Internal Affairs Information, signed by Magistrate Judge Michael J. Seng on 09/03/2014. (Yu, L)
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DOUGLAS T. SLOAN, City Attorney
CITY OF FRESNO
By: Erica M. Camarena, Deputy City Attorney (#227981)
2600 Fresno Street, Room 2031
Fresno, California 93721-3602
Telephone: (559) 621-7500
Facsimile: (559) 488-1084
Attorneys for Defendants FRESNO POLICE
OFFICER ERIC PANABAKER; FRESNO POLICE
SGT. LEN GLEIM; FRESNO POLICE DET. JOHN GOMES
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION
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Plaintiff,
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vs.
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WILLIAM LEFAY; FRESNO POLICE
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OFFICER ERIC PANABAKER; FRESNO
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POLICE SGT. LEN GLEIM; FRESNO
POLICE DET. JOHN GOMES; DOES 1 T0 10, )
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Defendants.
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SHARRON LEFAY; JEFF WALL; SCOTT
WALL,
Case No.:
1:13-CV-01362-AWI-MJS
STIPULATED PROTECTIVE ORDER
REGARDING FRESNO POLICE
OFFICERS’ TRAINING RECORDS AND
INTERNAL AFFAIRS INFORMATION
Action Filed: 08/24/13
Trial Date:
02/17/15
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WHEREAS the CITY OF FRESNO ("City") believes, in good faith, the following
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documents requested by Plaintiffs SHARRON LeFAY, JEFF WALL and SCOTT WALL
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("Plaintiffs") contains information which is: (a) confidential, sensitive, or potentially invasive of an
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individual’s privacy interests; (b) not generally known; and (c) not normally revealed to the public
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or third parties or, if disclosed to third parties, would require such third parties to maintain the
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information in confidence:
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City of Fresno Police Officers’ training records.
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
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Any records pertaining to City of Fresno Police Officers obtained in the course of
conducting an Internal Affairs Investigation or other citizen complaints.
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City of Fresno Police Department’s Policies and Procedures.
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City of Fresno Police Department’s recorded calls for emergency services.
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Deposition testimony by any witness regarding any of the above.
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IT IS HEREBY STIPULATED by, among and between the parties hereto through their
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counsel of record, that the documents described above may be designated as “Confidential” by the
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City and produced subject to the following Protective Order:
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1.
The disclosed documents shall be used solely in connection with the civil case of
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Sharron LeFay, et al. v. City of Fresno, et al, Case No. 1:13-CV-01362 AWI MJS and in the
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preparation and trial of the case, or any related proceeding. The City is not waiving any objections
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to the admissibility of the documents or portions of the documents in future proceedings, including
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the trial of the matter. City is not waiving the right to redact such documents to protect the privacy
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of other individuals or officers who may be referenced therein. However, the confidentiality of the
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document(s) and the restrictions on disclosure may be the subject of motions in limine and/or
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restrictions by the Court.
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2.
A party producing the documents and materials described above may designate
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those materials by affixing a mark labeling them as “Confidential.” If any “Confidential” materials
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cannot be labeled with the aforementioned marking, those materials shall be placed in a sealed
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envelope or other container that is in turn marked “Confidential” in a manner agreed upon by the
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disclosing and requesting parties.
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3.
Documents or materials designated under this Protective Order as “Confidential”
may only be disclosed to defense counsel for the CITY OF FRESNO and the following persons:
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a)
Kevin G. Little, counsel for Plaintiffs; and Plaintiffs in the presence of their
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attorney and on the condition they do not photograph, copy, take notes of, and/or discuss
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information contained in those documents.
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
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b)
David Petrie, counsel for Defendant, William LeFay; and Defendant LeFay;
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and on the condition they do not photograph, copy, take notes of, and/or discuss information
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contained in those documents.
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c)
Paralegal, clerical, and secretarial personnel regularly employed by counsel
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referred to in subparts (a) and (b) directly above, including stenographic deposition reporters or
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videographers retained in connection with this action;
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d)
in proceedings as are necessarily incidental to the preparation for the trial of the civil action;
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Any expert, consultant or investigator retained in connection with this action;
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The finder of fact at the time of trial, subject to the court’s rulings on in
and
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Court personnel including stenographic reporters or videographers engaged
limine motions and objections of counsel.
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4.
Prior to the disclosure of any confidential information to any person identified in
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paragraph 3, each such recipient of confidential information shall be provided with a copy of this
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Stipulated Protective Order, which he or she shall read. Upon reading this Stipulated Protective
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Order, such person shall acknowledge in writing that he or she has read this Stipulated Protective
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Order and shall abide by its terms. Such person must also consent to be subject to the jurisdiction of
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the Eastern District of the United States District Court, with respect to any proceeding related to
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enforcement of this Protective Order, including without limitation, any proceeding for contempt.
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Provisions of this Protective Order, insofar as they restrict disclosure and use of the material, shall
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be in effect until further order of this Court. Counsel for Plaintiffs and Defendant LeFay shall be
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responsible for internally tracking the identities of those individuals to whom copies of documents
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marked Confidential are given. The City may not request the identities of these individuals,
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however, until the final termination of the litigation or if it is able to demonstrate a good faith basis
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that Plaintiffs, Defendant LeFay, or an agent thereof, has breached the Stipulated Protective Order.
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5.
All documents or materials designated as “Confidential” pursuant to this Protective
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Order, and all papers or documents containing information or materials designated as
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
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“Confidential,” that are filed with the Court for any purpose shall be filed and served under seal,
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with the following statement affixed to the document or other information:
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“This envelope is sealed pursuant to order of the Court and
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contains Confidential Information filed in this case by [name of
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party] and is not to be opened or the contents thereof to be
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displayed or revealed except by order of the Court.”
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6.
The designation of information as “Confidential” and the subsequent production
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thereof, is without prejudice to the right of any party to oppose the admissibility of the designated
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information.
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7.
A party may apply to the Court for an order that information or materials labeled
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“Confidential” are not, in fact, confidential. Prior to so applying, the party seeking to reclassify
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“Confidential” information shall meet and confer with the producing party. Until the matter is
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resolved by the parties or the Court, the information in question shall continue to be treated
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according to its designation under the terms of this Order. The producing party shall have the
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burden of establishing the propriety of the “Confidential” designation. A party shall not be
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obligated to challenge the propriety of a confidentiality designation at the time made, and a failure
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to do so shall not preclude a subsequent challenge thereto.
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8.
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The following procedures shall be utilized by the parties in production of documents and
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Copies of Confidential Documents.
materials designated “Confidential”:
a)
Plaintiffs’ counsel and counsel for Defendant LeFay shall receive one copy
of the confidential documents.
b)
Plaintiffs’ counsel and counsel for Defendant LeFay shall not copy,
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duplicate, furnish, disclose, or otherwise divulge any information contained in the confidential
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documents to any source other than as set forth in paragraph 3 without further order of the Court or
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authorization from counsel for the City.
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c)
If Plaintiffs or Defendant LeFay, in good faith, requires additional copies of
documents marked “Confidential” in preparation of their case, they shall make a further request to
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
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counsel for the City. Upon agreement with counsel for the City, copies will be produced in a timely
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manner to Plaintiffs or Defendant LeFay, pursuant to the procedures of this Stipulated Protective
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Order. Agreement shall not be unreasonably withheld by counsel for the City.
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confidential documents at the City’s cost.
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Plaintiffs and Defendant LeFay shall be billed for the copying of the
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City shall produce documents and material marked “Confidential” to
Plaintiffs and Defendant LeFay with a red marking on each page labeled:
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“CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
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ORDER! [ATTORNEY’S NAME]”
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f)
If any document or information designated as “Confidential” pursuant to this
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Protective Order is used or disclosed during the course of a deposition, that portion of the deposition
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record reflecting such material shall be stamped with the appropriate designation and access shall be
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limited pursuant to the terms of this Protective Order. The court reporter for the deposition shall
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mark the deposition transcript cover page and all appropriate pages or exhibits, and each copy
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thereof, in accordance with Paragraph 5 of this Protective Order. Only individuals who are
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authorized by this Protective Order to see or receive such material may be present during the
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discussion or disclosure of such material.
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9.
Notwithstanding the provisions of Paragraph 3, confidential information produced
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pursuant to this Protective Order may not be delivered, exhibited or otherwise disclosed to any
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reporter, writer or employee of any trade publication, newspaper, magazine or other media
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organization.
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10.
Should any information designated Confidential be disclosed, through inadvertence
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or otherwise, to any person not authorized to receive it under this Protective Order, the disclosing
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person(s) shall promptly: (a) inform the City of the recipient(s) and the circumstances of the
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unauthorized disclosure to the relevant producing person(s); and (b) use best efforts to bind the
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recipient(s) to the terms of this Protective Order. No information shall lose its confidential status
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because it was disclosed to a person not authorized to receive it under this Protective Order.
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
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After the conclusion of this litigation, all documents and materials, in whatever form
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stored or reproduced, containing “Confidential” information will remain confidential, and if filed
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with the Court, shall remain under seal. All documents and materials produced to Plaintiffs and
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Defendant LeFay pursuant to this Stipulated Protective Order shall be returned to counsel for the
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City in a manner in which counsel will be able to reasonably verify that all documents were
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returned. All parties also ensure that all persons to whom “Confidential” documents or materials
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were disclosed shall be returned to counsel for defendants. The conclusion of this litigation means a
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termination of the case following trial or settlement.
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No later than 30 days of settlement or of receiving notice of the entry of an order,
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judgment, or decree terminating this action, all persons having received the confidential documents
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shall return said documents to counsel for the City.
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If any party appeals a jury verdict or order terminating the case, counsel for the City
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shall maintain control of all copies of confidential documents. If following an appeal, a new trial is
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ordered, the documents shall be returned to counsel for Plaintiffs.
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This Stipulated Protective Order shall remain in full force and effect and shall
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continue to be binding on all parties and affected persons after this litigation terminates, subject to
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any subsequent modifications of this Stipulated Protective Order for good cause shown by this
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Court or any Court having jurisdiction over an appeal of this action. After this action terminates,
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any party may seek to modify or dissolve this Stipulated Protective Order by Court order for good
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cause shown or by the parties’ stipulation.
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
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15.
The Court shall retain jurisdiction, even after this lawsuit terminates, (a) to make
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such amendments, modifications and additions to this Protective Order as it may from time to time
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deem appropriate upon good cause shown and (b) to adjudicate any dispute respecting improper use
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or disclosure of confidential material.
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DATED: September 3, 2014.
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Respectfully submitted,
DOUGLAS T. SLOAN
City Attorney
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By:
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/s/ Erica M. Camarena
ERICA M. CAMARENA
Deputy City Attorney
Attorneys for Defendants FRESNO POLICE
OFFICER ERIC PANABAKER; FRESNO
POLICE SGT. LEN GLEIM; FRESNO
POLICE DET. JOHN GOMES
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DATED: September 3, 2014.
LAW OFFICES OF KEVIN G. LITTLE
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By:
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/s/ Kevin G. Little
KEVIN G. LITTLE
Attorney for Plaintiffs SHARRON LeFAY,
JEFF WALL and SCOTT WALL
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DATED: September 3, 2014.
Petrie, Dorfmeier & Morris, LLP
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By:
/s/ J. David Petrie
J. DAVID PETRIE, Esq.
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Attorney for Defendant WILLIAM LeFAY
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
Stipulated Protective Order – Training Records & IA
ORDER
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Good cause appearing, the above Stipulation is accepted and adopted as the
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Order of this Court, subject, however, to the parties obligation to comply with all Court
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rules applicable to requests to file documents under seal. Nothing herein relieves any
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party from the obligations and standards imposed by such rules.
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IT IS SO ORDERED.
Dated:
September 3, 2014
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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CITY ATTORNEY
CITY HALL
FRESNO, CA 93721
Sharron LeFay, et al. v. William LeFay, et al.
Case No.: 1:13-CV-01362-AWI-MJS
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