Hanna v. County of Fresno et al

Filing 100

STIPULATION and PROTECTIVE ORDER of Independent Mental Examination of Plaintiff Hanna. Order signed by Magistrate Judge Sheila K. Oberto on 1/7/2016. (Timken, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIC HANNA,
Plaintiff,

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vs.

Case No. 1:14-cv-00142 LJO/SKO
STIPULATION TO PROTECTIVE
ORDER OF INDEPENDENT MENTAL
EXAMINATION OF PLAINTIFF
HANNA

COUNTY OF FRESNO, et al.,
Defendants.
Subject to the approval of this Court, the parties, defendants by and through
counsel Carey Johnson and Michelle Pepper, and plaintiff through his counsel of record
Robert Navarro and Carolyn Phillips, hereby stipulate to the following protective order
regarding the INDEPENDENT MENTAL EXAMINATION of Plaintiff Hanna by Dr.
Alan A. Abrams. All psychological tests, mental health assessment, notes, video,
reports, and all responses by plaintiff Hanna are confidential material which are
governed by this PROTECTIVE ORDER.
1)

Access to the Independent Mental Examination of Dominic Hanna by Dr.

Alan A. Abrams, including all notes of Dr. Abrams, test results, video tape of the
examination, and any and all responses of Dominic Hanna to the examination,
including psychiatric records and reports, may be disclosed or made available only to
the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff
employed by such counsel), and to the “qualified person” designated below:

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Stipulated Protective Order; IME Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142
LJO/SKO
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a)

Fresno County Risk Management on behalf of the Fresno County

Board of Supervisors;

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b)

experts, consultants, psychologists, psychiatrists, or other health

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care professionals retained by such counsel to assist in the prosecution, defense, or

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settlement of this action;

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c)

court reporter(s) employed in this action;

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d)

a witness at any deposition or other proceeding in this action; and

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e)

any other person as to whom the parties in writing agree.

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2)

Each “qualified person” to whom disclosure of the confidential material is

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made shall prior to the time of disclosure be provided by the person furnishing such

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materials a copy of this Order, and shall execute a nondisclosure agreement in the form

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of Attachment A, to be maintained by counsel.

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3)

Depositions shall be taken only in the presence of qualified persons.

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4)

If any of the materials subject to this protective order are included in any

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papers to be filed in Court, such papers shall be labeled “Confidential—Subject to Court

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Order” and filed under seal until further order of this Court.

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5)

In the event that any of the above-described confidential material is used

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in any court proceeding in this action, it shall not lose its confidential status through

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such use, and the party using such shall take all reasonable steps to maintain its

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confidentiality during such use.

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6)

Nothing in this Order nor the production of any information or document

under the terms of this Order nor any proceedings pursuant to this Order shall be

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Stipulated Protective Order; IME Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142
LJO/SKO
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deemed to have the effect of an admissions or waiver by either party or of altering the

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confidentiality or nonconfidentiality of any such document or information or altering

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any existing obligation of any party or the absence thereof.

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7)

Upon termination of this case, counsel for the parties shall assemble all

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protected records, all deposition transcripts, and all copies of same, and destroy these

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documents. Each party shall certify the destruction thereof.

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ATTACHMENT A

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NONDISCLOSURE AGREEMENT

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I,

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do solemnly swear that I am fully familiar with the terms of

the Stipulated protective Order entered in Hanna v. The County of Fresno, et. al., United
States District Court for the Eastern District of California, Case No. 1:14-cv-00142
LJO/SKO, and hereby agree to comply with and be bound by the terms and conditions
of said Order unless and until modified by further Order of this Court. I hereby consent
to the jurisdiction of said Court for purposes of enforcing this Order.

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Dated:

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/s/

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IT IS SO STIPULATED:

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Dated:

January 6, 2016

ROBERT NAVARRO
CAROLYN D. PHILLIPS

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Stipulated Protective Order; IME Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142
LJO/SKO
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By:/s/ Carolyn D. Phillips
Carolyn D. Phillips
Attorneys for Plaintiff
DOMINIC HANNA

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Dated:

January 6, 2016

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STAMMER, McKNIGHT, BARNUM &
BAILEY
By:/s/ Carey Johnson
CAREY JOHNSON
Attorneys for Defendants COUNTY OF
FRESNO, MARGARET MIMS,
EDWARD MORENO, PRATAP
NARAYEN, RICK HILL, MARILYNN
WELDON, TRICIA NEKOLA, KAREN
NUNEZ, and THAYIN VU

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ORDER

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Pursuant to the parties' stipulation, the terms of the above protective order are approved.

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IT IS SO ORDERED.

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Dated:

January 7, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulated Protective Order; IME Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142
LJO/SKO
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