Hanna v. County of Fresno et al

Filing 122

STIPULATED PROTECTIVE ORDER Regarding Discovery in Hall v County of Fresno. The stipulated protective order regarding discovery in Hall et al., v County of Fresno, et al., U.S. District Court, Case No. 1:11-cv-2047 LJO BAM, is hereby approved. Order signed by Magistrate Judge Sheila K. Oberto on 6/6/2016. (Timken, A)

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ROBERT NAVARRO
State Bar No. 128461
Attorney at Law
1295 North Wishon Avenue, Suite 207
Fresno, California 93728
tel: [phone] fax [phone]
[e-mail]
CAROLYN D. PHILLIPS
State Bar No. 103045
Attorney at Law
P.O. Box 5622
Fresno, California 93755-5622
tel: [phone] fax: [phone]
[e-mail]
Attorneys for Plaintiff Dominic Hanna

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIC HANNA,

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Case No. 1:14-CV-00142-LJO-SKO
Plaintiff,

v.

STIPULATED PROTECTIVE ORDER
REGARDING DISCOVERY IN
HALL v. COUNTY OF FRESNO

FRESNO COUNTY, et al.,
Defendants.

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Subject to the approval of this Court, the parties, defendants by and through counsel

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Carey Johnson and Michelle Pepper, and plaintiff through his counsel of record Robert Navarro

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and Carolyn Phillips, along with counsel for all parties in Hall et al., v. County of Fresno, et al.,

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U.S. District Court, Case No.1:11-cv-2047 LJO, (Hall), defendants by and through Fresno

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County Counsel Daniel Cederborg and plaintiffs by and through their counsel Prison Law Office

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Senior Staff Attorney Alison Hardy, hereby stipulate to the following protective order regarding

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the Hall defendants’ discovery responses containing confidential materials:
[Proposed] Stipulated Protective Order re Hall Documents;
-----------Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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1)

Notwithstanding protective orders in the Hall case (Doc. nos. 51 and 119 therein),

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which remain if full force and effect except as modified by this document, discovery responses,

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including those marked “CONFIDENTIAL,” produced by defendants in Hall, et al. v. County of

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Fresno, et al., U.S. District Court Case No.1:11-cv-2047, including but not limited to written

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responses, documents, electronic materials, records and other materials,1 may be disclosed or
made available only to the Court, to counsel for the parties in Hanna v. County of Fresno, Case
No. 1:14-cv-00142, (including the paralegal, clerical, and secretarial staff employed by such

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counsel), and to the “qualified person” designated below:

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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 care

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professionals retained by such counsel to assist in the prosecution, defense, or settlement of this

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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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Production of confidential materials in the Hall case is subject to the following
limitations: (a) The four sealed Hall expert reports submitted are not included in the
discovery materials at issue in this protective order (Hall, Doc. 123); (b) no documents
produced by the Hall plaintiffs to the Hall defendants will be produced to any party in
Hanna; and (c), the following confidential documents in Hall will not be produced to
any party in Hanna – Murphy Medical Records (DEF009759 - 009876); Hall Medical
Records (DEF010546 – 010874); Gonzalez Medical Records (DEF010875 – 011004);
Merryman Medical Records (DEF011005 – 011158); Singh Medical Records
(DEF011159 – 011544); Class members’ grievances re healthcare (DEF015330 –
018496).
[Proposed] Stipulated Protective Order re Hall Documents;
-----------Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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2)

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

shall prior to the time of disclosure be provided by the person furnishing such materials a copy
of this Order, and shall execute a nondisclosure agreement in the form of Attachment A, to be
maintained by counsel.
3)

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

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If any medical and psychiatric records, subject to this protective order, are

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included in any papers to be filed in Court, such papers shall be labeled “Confidential – Subject
to Court 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 in any

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court proceeding in this action, it shall not lose its confidential status through such use, and the

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party using such shall take all reasonable steps to maintain its confidentiality during such use.

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6)

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

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

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effect of an admission or waiver by any party or of altering the confidentiality or noncom-

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fidentiality of any such document or information or altering any existing obligation of any party

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or the absence thereof.
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Upon termination of this case, counsel for the parties in Hanna shall assemble all

protected records, all deposition transcripts, and all copies of same, and destroy these documents.
Each party shall certify the destruction thereof.

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IT IS SO STIPULATED:
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[Proposed] Stipulated Protective Order re Hall Documents;
-----------Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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Dated:

2016

ROBERT NAVARRO
CAROLYN D. PHILLIPS

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By: /s/Carolyn D. Phillips
Carolyn D. Phillips
Attorneys for Plaintiff
DOMINIC HANNA

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Dated:

2016

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STAMMER, McKNIGHT, BARNUM &
BAILEY, LLP

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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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Dated:

2016

FRESNO COUNTY COUNSEL

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By: /s/Daniel Cederborg
DANIEL CEDERBORG
Attorneys for Defendants in
Hall, et al., v. Count of Fresno, et al.,
USDC Case No. 1:11-cv-2047-cv-2047

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[Proposed] Stipulated Protective Order re Hall Documents;
-----------Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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Dated:

2016

PRISON LAW OFFICE

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By /s/Alison Hardy
ALISON HARDY, Sen. Staff Attorney
Attorneys for Plaintiffs in
Hall, et al., v. Count of Fresno, et al.,
USDC Case No. 1:11-cv-2047

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ORDER
Pursuant to Rule 141.1 of the Local Rules of the United States District Court, Eastern

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District of California, the parties’ Stipulated Protective Order Regarding Discovery in Hall et al.,

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v. County of Fresno, et al., U.S. District Court, Case No.1:11-cv-2047-LJO-BAM, is hereby

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approved.

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IT IS SO ORDERED.
Dated:

June 6, 2016

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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[Proposed] Stipulated Protective Order re Hall Documents;
-----------Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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ATTACHMENT A

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I, _____________________, have read the Protective Order in Hanna v. County of

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Fresno, Case No. 1:14-cv-00142-LJO-SKO). I understand and agree to be bound by and abide
by its terms. I agree that all information provided to me in this matter is to be treated as
confidential. I further consent to be subject to the jurisdiction of the United States District Court

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for the Eastern District of California for the purposes of any proceeding relating to the
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enforcement of this Order, including, without limitation, any proceeding for contempt.
Date:

_______________________

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______________________________
Signature

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______________________________
Printed Name

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[Proposed] Stipulated Protective Order re Hall Documents;
-----------Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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