Kindred v. Allenby et al

Filing 65

PROTECTIVE ORDER signed by Magistrate Judge Michael J. Seng on 1/16/2018. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD S. KINDRED,

Plaintiff, PROTECTIVE ORDER

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v.

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Case No. 1:14-cv-01652-AWI-MJS

CLIFF ALLENBY, ET AL.,

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Defendant.

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1.

Introduction

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In accordance with this Court’s order dated December 6, 2017, Defendants Bigot

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and Bell will produce a redacted copy of three versions of Administrative Directive (AD)

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838, section VI, subsections A and B, to Plaintiff, pursuant to a protective order.

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(Electronic Court Filing (ECF) No. 57, Order Re In-Camera Review.)

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versions of AD 838 provided to Plaintiff are as follows: (1) Effective date August 13, 2013

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(Revised January 24, 2014); (2) Effective date August 12, 2014; and (3) Effective date

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August 12, 2014 (Revised November 7, 2014) (collectively AD 838). The purpose of the

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below-stated protective order is to preclude any public disclosure of this confidential

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document, AD 838, section VI(A) and (B), and limit the use of this confidential document

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to this litigation.
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The redacted

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2.

Maintenance of Confidential AD 838, § VI(A) and (B)

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Plaintiff Kindred must maintain his copy of the Confidential AD 838, § VI(A)-(B) at a

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location and in a secure manner that ensures that access is limited to the plaintiff and

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persons authorized under this Order. Plaintiff may not store or maintain his copy of the

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Confidential AD 838, § VI(A)-(B) in electronic format.

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3.

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Use of Confidential AD 838, § VI(A)-(B)
Plaintiff Richard Kindred may use the Confidential AD 838, § VI(A)-(B) only in the

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course of the litigation and any settlement of this action.

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4.

Disclosure of “Confidential AD 838, § VI(A)-(B)” Information or Document

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only to Certain Persons

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Unless otherwise ordered by the Court or permitted in writing by the Defendants’

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attorney, Plaintiff Kindred may disclose Confidential AD 838, § VI(A)-(B) and/or its

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contents only to:

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(a)

any attorney licensed by the State of California who represents Kindred in this

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action, including the agents and employees of such attorney whom it is reasonably

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necessary to disclose the information for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;

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(b)

any expert (defined as a person with specialized knowledge or experience in

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a matter pertinent to the litigation who has been retained by Plaintiff Kindred or his

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counsel to serve as an expert witness or as a consultant in this action) to whom

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disclosure is reasonably necessary for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(c)

during their depositions, witnesses in the action who are not employed by the

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Department of State Hospitals and to whom disclosure is reasonably necessary and who

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have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

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otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that discuss, identify or reveal the

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contents of Confidential AD 838, § VI(A)-(B) must be separately bound by the court
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reporter and may not be disclosed to anyone except as permitted under this Stipulated

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Protective Order.

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(d)

the Court, its personnel, and court reporters, in the course of any oral hearing,

with any copy of the Confidential AD 838 document to be filed under seal.

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Without written permission from the Defendants’ counsel or a court order secured

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after appropriate notice to all interested persons, Plaintiff Kindred may not file the

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Confidential AD 838 document in the public record of this action, whether separately or

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as part of any motion, opposition, or other brief.

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5.

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Marking of Confidential AD 638 Document
(a)

Should the Confidential AD 838 document be produced to any of the persons

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listed in paragraph 4, the Plaintiff and the Defendants shall write in bold or otherwise

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affix the legend “CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER IN CASE

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NUMBER 1:14-cv-01652” in a noticeable place on each page of the document.

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(b)

Should Confidential AD 838 and its contents be addressed, discussed or

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identified in deposition or in a court hearing, Defendants may identify on the record,

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before the close of the deposition, hearing, or other proceeding, all information subject to

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this Protective Order.

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6.

Unauthorized Disclosure/Release of Protected Material

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If Plaintiff Kindred learns that, by inadvertence or otherwise, he has disclosed

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and/or released the Confidential AD 838 document to any person or in any circumstance

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not authorized under this Stipulated Protective Order, then he must immediately:

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(1) notify Defendants’ counsel in writing and, if possible, by telephone call, of the
unauthorized disclosure and/or release;
(2) use his best efforts to retrieve any and all released copies of the Confidential
AD 838;
(3) inform the person or persons to whom the Confidential AD 838 document was
disclosed and/or released of all the terms of this Protective Order; and

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(4) request such person or persons execute the “Acknowledgment and Agreement

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to Be Bound” that is attached hereto as Exhibit A.

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7.

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Reservation of Rights and Objections
7.1. Right to Further Relief. Nothing in this Order abridges the right of any person

to seek its modification by the court in the future.

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7.2. Right to Assert Other Objections. This Protective Order does not constitute a

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waiver or denial of any Party’s right it otherwise would have to object to disclosing or

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producing any information or item on any ground not addressed in this Stipulated

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Protective Order. Similarly, this Order does not constitute a waiver or denial of any

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Party’s right to object on any ground to use in evidence of any of the material covered by

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this Protective Order.

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8.

Duration

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Even after final disposition of this litigation, the confidentiality obligations imposed

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by this Order shall remain in effect until Defendants’ attorney agrees otherwise in writing

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or a court order otherwise directs. Final disposition shall be deemed to be the later of:

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(1) dismissal of all claims and defenses in this action, with or without prejudice; and (2)

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final judgment herein after the completion and exhaustion of all appeals, rehearings,

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remands, trials, or reviews of this action, including the time limits for filing any motions or

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applications for extension of time pursuant to applicable law.

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IT IS SO ORDERED.
Dated:

January 16, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ______________________ [print or type full name], of

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____________________________________________ [print or type full address],

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declare under penalty of perjury that I have read in its entirety and understand the

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Protective Order that was issued by the United States District Court for the Eastern

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District of California on _____________ (date) in the case of Richard S. Kindred v. Cliff

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Allenby, et al., Case No. 1:14-cv-01652-AWI-MJS. I agree to comply with and to be

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bound by all the terms of this Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of

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contempt. I solemnly promise that I will not disclose in any manner any information or

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item that is subject to this Protective Order to any person or entity except in strict

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compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the

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Eastern District of California for the purpose of enforcing the terms of this Protective

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Order, even if such enforcement proceedings occur after termination of this action.

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I hereby appoint ______________________________________ [print or type full

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name] of ______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with this

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action or any proceedings related to enforcement of this Protective Order.

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Executed this ______ day of _______________________, 201___ in

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_______________________________(City and State where sworn and signed.)

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Printed Name: ______________________________________________

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Signature: _________________________________________________

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