Brown v. Wimberley

Filing 25

STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 2/22/2016. (Hall, S)

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RICHARD G. ZIMMER, ESQ. – SBN 107263
T. MARK SMITH, ESQ. – SBN 162370
CLIFFORD & BROWN
A Professional Corporation
Attorneys at Law
Bank of America Building
1430 Truxtun Avenue, Suite 900
Bakersfield, CA 93301-5230
Tel: [phone] Fax: [phone]

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Attorneys for Defendant, AUBREY WIMBERLY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY BROWN, an individual,

CASE NO. 1:14-CV-01812-JLT

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Plaintiff,
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vs.

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JOINT STIPULATION FOR PROTECTIVE
ORDER PER LOCAL RULE 141 AND 141.1

AUBREY WIMBERLY, an individual; and
DOES 1 through 100,

Judge: Hon. Jennifer L. Thurston
Complaint filed: 11/18/2014
Trial Date: April 11, 2017

Defendants.

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Plaintiff Brown served a subpoena on the Wasco Recreation and Parks District for documents

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relating to Plaintiff. The Wasco Recreation and Parks District, also represented by Clifford and

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Brown, began discussions with counsel for Plaintiff concerning privacy concerns relating to some of

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the documents. After discussing the documents and potential privacy concerns, it was agreed that in

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lieu of a motion for protective order being sought, Clifford and Brown would submit to the

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Magistrate within ten days of the filing of this stipulation the documents believed to contain materials

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that may contain private information that requires a protective order.

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Plaintiff Danny Brown ("Brown") and Defendant Aubrey Wimberly (“Wimberly”)

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(collectively the “Parties”) hereby stipulate that within ten days of the filing of this stipulation, the

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law firm of Clifford and Brown will submit to the Magistrate all documents responsive to the above1
JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1

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mentioned subpoena for review. The Magistrate shall determine whether any of the documents

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contain information that would be protected by privacy concerns of any of the parties mentioned in

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the documents.

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1.

Proceedings and Information Governed. This Order shall govern witness statements

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produced by third-party Wasco Recreation and Park District (“WRPD”) in connection with the

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discovery and pre-trial phase of this action.

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employees of the WRPD may be submitted in camera for review by the Court for determination if

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they contain private information and are suitable for protection under this Order. The Order does not

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govern proceedings during trial nor does it prohibit either party from seeking a Protective Order to

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govern proceedings during trial. If the Magistrate determines that the documents are not deserving of

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protection due to privacy concerns, then the Documents shall be submitted to Plaintiff’s counsel

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within five (5) days of any order so indicating.

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2.

The Parties agree that the witness statements of

Designation of Information for Protection Under This Order. The Parties agree that

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after in camera review by the Court of the witness Statements, any individual statements which the

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Magistrate determines deserve protection due to privacy interests of the Parties or third-party

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witnesses shall be maintained as "Confidential" (hereinafter “Confidential Witness Statements”). The

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appropriate designation shall be made by stamping or otherwise marking the Confidential Witness

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Statements prior to production as follows: "Confidential" at the time the producing party makes the

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Confidential Witness Statements available for inspection or provides a copy of the Confidential

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Witness Statements to the receiving party.

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Once designated as "Confidential," such designated documents shall, absent a specific order

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by this Court, be used by the parties solely in connection with this litigation, and not for any purpose

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unrelated to the litigation, and such documents shall not be disclosed to anyone except as provided

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herein. However, should the Documents contain defamatory statements relating to Plaintiff, Plaintiff

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reserves the right to utilize said documents in any litigation in any court, including this action, and

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this stipulation and order shall not prohibit such litigation. Documents marked "Confidential" may be

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disclosed by the receiving party to the following recipients only:

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A.

Counsel of record for the parties in this action and their respective associates,

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JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1

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clerks, legal assistants, stenographic and support personnel, and organizations retained by such

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attorneys to provide litigation support services in this action and the employees of said organizations;

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B.

Independent experts and consultants retained in this action by the attorneys of

record, and the employees of such experts and consultants who are assisting them;

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C.

Individual parties or the officers, directors and/or employees of a party;

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D.

The Court and its respective clerks and support personnel;

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E.

Court reporters employed in connection with this action;

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F.

Third-party witnesses who are deposed in this action; and

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G.

Such other persons as hereafter may be designated by written agreement of all

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parties in this action or by Order of the Court, such Order obtained on noticed motion (or on

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shortened time as the Court may allow), permitting such disclosure.

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3.

Reference to Documents.

Notwithstanding any provision in this Stipulation and

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Protective Order, nothing in this Order shall prohibit or otherwise restrict counsel from referring to in

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a general way, relying on, or evaluating the Confidential Witness Statements in the course of advising

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a party client with respect to this lawsuit, provided, however, that counsel shall not copy or

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disseminate the Confidential Witness Statements if such dissemination would violate this Order.

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4.

Use. The Confidential Witness Statements shall be used by the persons to whom they

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are disclosed solely in preparation for trial and trial of this lawsuit, and any appellate proceeding

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related thereto. The Confidential Witness Statements shall not be used by such persons for any

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business, governmental or other purpose, unless agreed to in writing and signed by all parties to this

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action or as authorized by further order of the Court. No person who receives the Confidential

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Witness Statements shall disseminate them to any person not entitled under this Order to receive

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them.

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5.

Court Procedures. Pleadings which contain or annex Information designated under

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this Order as "Confidential" Information shall be filed under seal subject to and in accordance with

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the provisions of Local Rules 141 and 141.1.

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6.

Party's Own Information. The restrictions on the use of the Confidential Witness

Statements are applicable only to the use by a party of Information received from the other party. A
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JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1

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party is free to do whatever it desires with its own Information.
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Disclosure to Author or Addressee. Nothing herein shall prohibit a party, or its

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counsel, from disseminating Confidential Witness Statements to persons who are authors or

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addressees of such documents.

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Depositions. Any deposition reporter who receives Confidential Witness Statements

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at a deposition shall be given a copy of this Order. In addition, all Confidential Witness Statements

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designated as exhibits to the deposition shall be bound separately clearly marked as "Confidential".

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9.

Subpoenas. In the event any person or party having possession, custody or control of

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any Confidential Witness Statements receives a subpoena or other process or order to produce such

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documents, the recipient of the subpoena shall advise the attorney for the party issuing the subpoena

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that the documents being requested has been designated "Confidential" pursuant to a court order. The

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attorney for the party receiving the subpoena shall promptly notify in writing the attorneys of record

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of the party claiming such confidential treatment of the Information sought by such subpoena or other

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process or order and shall promptly furnish those attorneys of record with a copy of said subpoena or

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other process or order. The Confidential Witness Statements may thereafter be produced with the

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“Confidential” designation under the terms of this Order.

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10.

No Waiver. Neither the taking of nor the failure to take any action to enforce the

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provisions of this Order, nor the failure to object to any designation or any such action or omission,

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shall constitute a waiver of any right to seek and obtain protection or relief, other than as specified

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herein, of any claim or defense in this action or any other action. The procedures set forth herein

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shall not affect the rights of the parties to object to discovery on grounds other than those related to

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privacy claims, nor shall it relieve a party of the necessity of proper response to discovery devices.

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11.

No Probative Value. Absent a stipulation of all parties, the fact that documents have

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been designated confidential under this Stipulation and Protective Order shall not be admissible

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during the trial of this action, nor shall the jury be advised of such designation. The fact that any

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documents are disclosed, used or produced in discovery or trial herein shall not be construed

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admissible, or offered in any action or proceeding before any court, agency or tribunal as evidence of

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or concerning whether or not such Information is confidential or proprietary.
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JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1

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12.

Return of Information. Upon written request, at the conclusion of this action, all

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Confidential Witness Statements, shall, upon the request of the party furnishing such Information, be:

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(i) delivered to the party that furnished such Information; or (ii) in lieu of delivery to the furnishing

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party, destroyed, in which event counsel shall give written notice of such destruction to opposing

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counsel.

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13.

Court's Jurisdiction.

The Court retains jurisdiction to make such amendments,

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modifications, deletions and additions to this Stipulation and Protective Order as the Court may from

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time to time deem appropriate. The provisions of this Stipulation and Protective Order regarding the

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use and/or disclosure of "Confidential" Information shall survive the termination of this action, and

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the Court shall retain jurisdiction with respect to this Stipulation and Protective Order.
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Amendment.

Either party may move the Court to amend this Stipulation and

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Protective Order at any time. Moreover, parties entering into this Stipulation and Protective Order

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will not be deemed to have waived any of their rights to seek later amendment to this Order.

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DATED: February 10, 2016

CLIFFORD & BROWN

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By:

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/s/ Richard Zimmer
______________________________________
RICHARD G. ZIMMER, ESQ.
T. MARK SMITH, ESQ.
Attorneys for Defendant, Aubrey Wimberly

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DATED: February 10, 2016

LAW OFFICE OF RANDY RUMPH

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By:

/s/ Randy Rumph
______________________________________
RANDALL RUMPH
Attorneys for Plaintiff, Danny Brown

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JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1

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[PROPOSED] ORDER

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The Court having read and considered the above JOINT STIPULATION FOR PROTECTIVE

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ORDER (the "Stipulation"), and good cause appearing therefor, it is hereby ORDERED that the

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Stipulation, and its terms and conditions, which is incorporated herein by this reference, is approved

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and effective pursuant to its terms.

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IT IS SO ORDERED.
Dated:

February 22, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1

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EXHIBIT A

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ACKNOWLEDGEMENT AND CONSENT TO JURISDICTION

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I,_______________________________, acknowledge that I have been given a copy and have read

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the JOINT STIPULATION FOR PROTECTIVE ORDER (hereafter, the "Order") in Danny Brown v.

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Aubrey Wimberly, United States District Court for the Eastern District of California, CASE NO.

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1:14-CV-01812-JLT, and I agree to be bound by its terms. I acknowledge and agree that any

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documents received by me in connection with this matter, including, without limitation, those marked

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"Confidential" and any copies, excerpts, summaries and abstracts of such documents, shall not be

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disclosed to or discussed with anyone except as expressly provided in the Order.

I further

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acknowledge and agree that all documents received or prepared by me in connection with this matter,

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including, without limitation, documents marked "Confidential" shall be used only in the prosecution

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or defense, including any appeal, of this matter and shall be returned at the conclusion of the case.

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I consent to the jurisdiction of the United States District Court for the Eastern District of California

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for the purposes of enforcing the Order.

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EXECUTED on ____________________________, at _______________________.

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I declare under penalty of perjury of the laws of the United States of America that the

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foregoing is true and correct.

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By:

_____________________________

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Name:

_____________________________

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Title:

_____________________________

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By:

_____________________________

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Name:

_____________________________

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Title:

_____________________________

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JOINT STIPULATION FOR PROTECTIVE ORDER PER LOCAL RULES 141 AND 141.1