Green v. Delgado et al

Filing 59

STIPULATION and PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/4/15. (Hellings, J)

Case 1:14-cv-00297-LJO-JLT Document 58 Filed 07/03/15 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISlON

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ERIC GREEN,

v.

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CORRECTIONS OFFICER 0. DELGADO,
et al. ,
Defendants. Action Filed: March 2, 2014

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The parties and the California Department of Corrections and Rehabilitation ("CDCR")
submit the following stipulation and proposed protective order for the Court's consideration.

STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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STIPULATION AND (PROPOSED]
PROTECTIVE ORDER

Plaintiff,

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1: 14-cv-00297-LJO-JLT (PC)

A.

The Confidential Material Subject to this .P rotective Order.

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The following Confidential Material is the subject of this protective order:

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Twenty-nine photographs of various locations inside California Correctional Institution,

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Tehachapi, California taken during a site inspection in this matter on June 11, 2015.

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III

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Ill

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III

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Stipulation and [Proposed] Protective Order
( I: 14-cv-00297-LJO-JLT (PC))

Case 1:14-cv-00297-LJO-JLT Document 58 Filed 07/03/15 Page 2 of 3
B.

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CDCR Treats the Confidential Material as Confidential.
The California Department of Corrections and Rehabilitation (CDCR) treats the

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information or items described above as confidential because disclosure to inmates, parolees, or

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members of the general public could compromise the safety and security of the staff and inmates

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at the California Correctional Institution.

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C.

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The Parties' Stipulation.
Because of its relevance to this action, CDCR will produce the Confidential Material

described above, subject to this protective order.

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The Parties stipulate:

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l. CDCR shall conspicuously mark the Confidential Material: "CONFIDENTIALSUBJECT TO PROTECTIVE ORDER [ATTORNEY EYES ONL YJ".;

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2. The Confidential Material may be disclosed only to Plaintiff's attorneys, CDCR
staff, the Defendants in this action, and Defendants' attorneys;

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3. The Confidential Material shall not be made public or disclosed to plaintiff, any

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incarcerated individual or parolee, whether or not a party or a witness in this action, for any

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reason;
4. The Confidential Material shall not be disclosed except as is necessary in connection

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with this litigation, including appeals, and not for any other purpose, or any other litigation;

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5. To the extent the Confidential Material is filed with the Court, it will be filed and

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maintained under seal. The parties are referred to Local Rule 141 regarding the filing of

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documents under seal;
6. Plaintiff' s counsel shall destroy all copies of the Confidential Material-or return

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them to the attorney for CDCR-within five days of the date of entry ofjudgment in the trial

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court;
7. Nothing in this protective order is intended to prevent officials or employees of the

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State of California, or other authorized govenunent officials, from having access to the

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Confidential Material in the normal course of their official duties;

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III

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Stipulation and [Proposed] Protective Order
(I :14-cv-00297-LJO-JLT (PC))

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Case 1:14-cv-00297-LJO-JLT Document 58 Filed 07/03/15 Page 3 of 3

8. The provisions of this protective order are without prejudice to the right ofany
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party: {a) to apply to the Court for a further protective order relating to the Confidential Material

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or any oth~ confidential material relating to discovery in this litigation; (b) to apply to the Court

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tor an order removing the Confidential Material designation; or (c) to object to a discovery

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re:quest.

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9. The provisions of this order shall remain in tuU force and etrect until furthet· order of
tl1js Court.

It js so stipulated.
Dated: July 1, 2015

KEVIN G. LITTLE, .ESQ.

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Jt-i/y

Dated: J)lf(e

J. 2015

ATfORNEY GENERAL OF CALIFORNIA

~uty

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Attomey General
Anorneys for Def~dants Delgado, .Ramirez &

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Gonzales

Dated: June_, 2015

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Oat~__, 2015

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Davis,
unseJ
CDCR Office of Legal Affairs

IT IS SO ORDERED.
Dated: 7/4/15

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CALIFORNIA DEPARTMENT OF
CORRECTION~ AND REHABILITATION

}o/ ~ 'h..,~~,;_~
James ~chael
Stn

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SA2014313499

32U7410.doc

Hon. Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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Stipulation and [Proposed) ProteeiiVeDrder
( 1: 14-<:v-00297·i.JO.JLT (PC))

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