Trevino v. City of Bakersfield et al

Filing 22

STIPULATED CONFIDENTIALITY ORDER re 21 , signed by Magistrate Judge Jennifer L. Thurston on 4/10/2015. (Hall, S)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN, CERCONE & COHEN
1260 Fulton Mall
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for:

Defendants BAKERSFIELD POLICE DEPARTMENT, CITY OF
BAKERSFIELD and RYAN MILLER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE TREVINO,
Plaintiff,

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vs.

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BAKERSFIELD POLICE DEPARTMENT,
CITY OF BAKERSFIELD, RYAN MILLER,
and DOES 1 to 100, inclusive,
Defendants.

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Case No. 1:14-CV-01873-JLT
CONFIDENTIALITY STIPULATION AND
[PROPOSED] ORDER THEREON
(Doc. 21)

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IT IS HEREBY STIPULATED, by and between the undersigned parties through their respective

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counsel of record, that the following provisions and conditions shall govern the parties:

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1.

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Definitions:
The following definitions shall govern the construction of this stipulation unless the context

otherwise requires.

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(a)

CONFIDENTIAL Information. “CONFIDENTIAL Information” means any and all

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Information regardless of format or medium, including personal, proprietary, and financial information,

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state and federal tax records, third party addresses, third party social security numbers, third party driver’s

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license numbers and other information that is confidential or otherwise sensitive, and other Information

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which a party has a right to protect from unrestricted disclosure. In the context of the present case it also
includes the information protected by California Penal Code Section 832.7 and California Evidence Code
Sections 1043 to 1047.

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(b)
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Disclosing

Party:

“Disclosing

Party”

means

the

party who

discloses

CONFIDENTIAL Information.

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(c)

Information. “Information” means discovery obtained through the use of

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interrogatories, requests for admission, requests for production of documents and things, depositions,

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subpoenas or other Information obtained during discovery.
(d)

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amount of Notice shall be governed by the particular circumstances.
(e)

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Person. “Person” means person as defined in California Evidence Code § 175.

(f)

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Notice. “Notice” means reasonable notice under the circumstances. The manner and

Trade secret. Trade secret” means trade secret as defined by California Civil Code §

3426.1(d)(1).
2.

Scope and Intent.

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(a)
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Until further order of the Court or stipulation of the parties, all Information designated as

“CONFIDENTIAL” by the Disclosing Party, to the extent such Information discloses CONFIDENTIAL
Information, shall be subject to this stipulation. However, nothing in this stipulation shall prevent any party

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from seeking a modification of this stipulation or objecting to the designation of Information as

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CONFIDENTIAL Information which the party believes to be otherwise improper.

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(b)

The purpose and intent of this stipulation is to protect CONFIDENTIAL Information.

Nothing in this stipulation shall be construed to change existing law or shift existing burdens.
(c)

The parties recognize and acknowledge that some CONFIDENTIAL Information which may

be sought is so sensitive that a party may refuse to disclose the Information even under the protection of this
stipulation.

In such event, this stipulation shall not be deemed consent or an admission that such

Information is discoverable and a party may resist disclosure until the matter has been heard by the Court.
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(d)
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This stipulation is the product of negotiations and, for purposes of construction and

interpretation, shall not be deemed to have been drafted by one party.

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(e)

This stipulation shall be submitted for the signature of the Magistrate Judge assigned to this

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case in an ex parte manner without need of a formally noticed motion.

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3.

Any Disclosing Party may designate Information, or any portion of such Information, as

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Designation of CONFIDENTIAL INFORMATION.

CONFIDENTIAL Information by placing the word “CONFIDENTIAL” on the Information.

By

designating Information as CONFIDENTIAL, the Disclosing Party warrants that the designation is made in
good faith and on reasonable belief that the Information so designated is CONFIDENTIAL Information as

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defined above.
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4.

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Oral Deposition Testimony.
A party may designate as CONFIDENTIAL Information, Information disclosed during oral

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deposition by stating so on the record or in writing within 30 days from receipt of the transcript. Where

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documents that have been designated as CONFIDENTIAL are entered into the record of a deposition or

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where CONFIDENTIAL Information is disclosed during deposition, such portion of the deposition

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containing CONFIDENTIAL Information shall be separately bound and marked “CONFIDENTIAL –

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UNDER PROTECTIVE ORDER” in a conspicuous place and shall be subject to the provisions of this

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stipulation.
5.

Objection to Designation.
A party may at any time object to the designation of Information as CONFIDENTIAL and move the

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Court for an order declaring that such Information not be designated CONFIDENTIAL. No motion relating
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to the designation of Information as CONFIDENTIAL shall be filed without first completing the following
steps. First, the moving party SHALL confer with the opposing party in a good faith effort to resolve the

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dispute. Second, if the good faith effort is unsuccessful, the moving party promptly shall seek a telephonic

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hearing with all involved parties and the Magistrate Judge. It shall be the obligation of the moving party to

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arrange and originate the conference call to the court. Counsel must comply with Local Rule 251 or the

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motion will be denied with prejudice and dropped from calendar.

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6.

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Information Which Is Not Confidential.
Notwithstanding the designation of Information as CONFIDENTIAL, such Information shall not be

CONFIDENTIAL Information, nor shall disclosure be limited in accordance with this stipulation where
such Information is:

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(a)

At the time of disclosure, in the public domain by publication otherwise;

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(b)

entered the public domain by publication or otherwise;
(c)

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Provided to a party by a third party who obtained the Information by legal means and

without any obligation of confidence to the Disclosing Party; or
(d)

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Subsequent to disclosure, through no act or failure to act on the part of the receiving party,

Developed by employees or agents of the receiving party independently of and without

reference to any Information communicated by the Disclosing Party.
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CONFIDENTIAL Information Obtained from Third Parties.

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If CONFIDENTIAL Information is obtained from a third party, the third party may adopt the
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benefits and burdens of this stipulation.

Likewise, any party may designate material or Information

obtained from a third party as CONFIDENTIAL.
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Inadvertent Disclosure.

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A party does not waive its right to designate as CONFIDENTIAL Information which is

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inadvertently disclosed without the appropriate designation. However, the receiving party shall not be liable

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for disclosing such Information prior to receiving notice of the CONFIDENTIAL status of the Information.

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9.

If a party wishes to file documents with the Court which contain material designated

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Documents Filed With The Court.

CONFIDENTIAL, that party SHALL comply with Local Rules 140 and 141.
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Dissemination to Third Parties.

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(a)
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CONFIDENTIAL Information shall be disclosed only to the parties to this stipulation, their

experts, consultants, and counsel. Before any person receives access to CONFIDENTIAL Information,
each shall execute a form reciting that he, she or it has read a copy of this stipulation and agrees to be bound
by its terms.

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(b)

If any person who has obtained CONFIDENTIAL Information under the terms of this

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stipulation receives a subpoena commanding the production of CONFIDENTIAL Information, such person

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shall promptly notify the Disclosing Party of the service of the subpoena. The person receiving the

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subpoena shall not produce any CONFIDENTIAL Information in response to the subpoena without either

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the prior written consent of the Disclosing Party or order of the Court.
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Use of CONFIDENTIAL Information During Trial.
If, a party intends to introduce into evidence any CONFIDENTIAL Information at trial, that party

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SHALL notify the Court in the joint pretrial conference statement of this intention and SHALL seek an
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order related to the introduction of this evidence at trial. The moving party SHALL comply with the

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Court’s pretrial order regarding whether this order will be sought in limine or otherwise.

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12.

All persons bound by this stipulation shall have the duty to use reasonable care and precaution to

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Duty to Use Reasonable Care.

prevent violations thereof.
13.

Enforcement.
(a)

Prior to bringing any motion or application before the Court for enforcement of this

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stipulation, the parties shall, comply with the procedures set forth in paragraph 5.
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(b)

In the event anyone shall violate, attempt to violate or threaten to violate any of the terms of

this stipulation, after compliance with the procedures in paragraph 5, the aggrieved party may apply to the

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Court to obtain compliance with this stipulation or to obtain appropriate injunctive relief. Each party agrees

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that, in response to an application for injunctive relief, it will not assert the defense that the aggrieved party

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possesses an adequate remedy at law.
(c)

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compel compliance in addition to any injunctive relief available to the parties.
(d)

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The Court may make any order against a party to this stipulation it deems appropriate to

If CONFIDENTIAL Information is disclosed to any person other than as allowed by this

stipulation, the person responsible for the disclosure must immediately bring all pertinent facts relating to
such disclosure to the attention of counsel for the aggrieved party and without prejudice to the other rights

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and remedies of any party, make every effort to prevent further disclosure. Fines and/or sanctions for
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inadvertent or intentional disclosure shall be decided by the Court after briefing and argument by all parties
concerned.
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Return/Destruction of Documents.

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Within 60 days after final termination of this action, including all appeals, each party shall be

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responsible for returning to the Disclosing Party all original and/or copies of all CONFIDENTIAL

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Information produced during the course of this action and subject to this order, including all excerpts

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thereof, except that counsel may retain all memoranda, and correspondence derived from such

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CONFIDENTIAL Information and any such CONFIDENTIAL Information necessary for purposes of
maintaining a legal file but after the end of such years, all such retained CONFIDENTIAL Information shall
be returned to the Disclosing Party. In the alternative, each party may, at their election, destroy all original

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and/or copies of all CONFIDENTIAL information produced during the course of this action in a manner
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that is consistent with the spirit and intent of this Order.

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15.

Except as to those modifications made by the Court, this stipulation may be modified or amended

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Modification And Amendments.

without leave of Court by unanimous written agreement of the parties hereto.
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Duration of Stipulation.
Provided the court makes this stipulation an order of the Court, this stipulation shall survive and

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remain in full force and effect after the termination of this lawsuit, whether by final judgment after
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exhaustion of all appeals or by dismissal, and the Court shall retain jurisdiction over the parties and their
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attorneys for the purpose of enforcing the terms of this stipulation.
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Dated: April 10, 2015

MARDEROSIAN, CERCONE & COHEN

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/s/ Michael G. Marderosian

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By:_________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.

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Dated: April 2, 2015

RODRIGUEZ & ASSOCIATES

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/s/ John Tello

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By:_________________________________
John Tello,
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.
Dated:

April 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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