Figueroa, et al. v. City of Fresno

Filing 18

Stipulated PROTECTIVE ORDER. signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2015. (Herman, H)

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ARTURO J. GONZALEZ (CA SBN 121490)
[e-mail]
ALEXANDRIA A. AMEZCUA (CA SBN 247507)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AURORA FIGUEROA, on her own behalf, and
as successor in interest to MARTIN
FIGUEROA, and LIZETTE FIGUEROA, on
her own behalf,

Trial Date: March 20, 2017
STIPULATED PROTECTIVE ORDER

Plaintiffs,

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v.

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Case No.1:15-cv-00349-MCE-BAM

CITY OF FRESNO, a municipal corporation,
and DOES 1 through 50, inclusive,

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Defendants.

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To expedite the flow of discovery materials, to facilitate the prompt resolution of disputes

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over confidentiality of discovery materials, to adequately protect information the parties are

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entitled to keep confidential, to ensure that only materials that the parties and third-parties are

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entitled to keep confidential are subject to such treatment, and to ensure that the parties are

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permitted reasonably necessary uses of such materials in preparation for and in the conduct of

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trial, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is HEREBY ORDERED

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THAT:

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1.

Documents designated as “Confidential” or “Confidential – Counsel Only”

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(hereinafter collectively “Protected Information”), and produced by parties to this action, are

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subject to this Protective Order.

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2.

“Confidential” documents shall be defined as documents for which the designating

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party would be entitled to have protected from public disclosure by Court order under Rule 26(c)

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of the Federal Rules of Civil Procedure and the relevant case law.

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3.

“Confidential – Counsel Only” documents shall be defined as “Confidential”

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documents, as defined in paragraph 2, that also contain sensitive personal information, including,

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for example, personnel records and medical records.

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4.

Protected Information shall be used solely in connection with the civil case of

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Figueroa, et al. v. City of Fresno, et al., Case No. 1:15-cv-00349-MCE-BAM, and in the

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preparation of trial of this case, or any related proceeding.

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5.

A party producing the documents and materials described above may designate

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those materials by affixing a mark labeling them as “Confidential” or “Confidential – Counsel

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Only.” If any Protected Information cannot be labeled with the aforementioned marking, those

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materials shall be placed in a sealed envelope or other container that is in turn marked with the

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appropriate designation in a manner agreed upon by the disclosing and requesting parties.

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6.

Protected Information designated under this Protective Order as ”Confidential”

may only be disclosed to the following persons:

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a)

Counsel for the parties;

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b)

Paralegal, clerical, and secretarial personnel regularly employed by counsel

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referred to in subpart (a) directly above, including stenographic deposition reporters or

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videographers retained in connection with this action;

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c)

Court personnel including stenographic reporters or videographers engaged

in proceedings as are necessarily incidental to the preparation for the trial of the civil action;

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d)

Any expert or consultant retained in connection with this action;

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e)

The finder of fact at the time of trial, subject to the court’s rulings on in

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limine motions and objections of counsel; and

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f)

litigation or for their counsel to advise them with respect to the litigation.

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The parties, to the extent reasonably necessary to assist their counsel in this

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Protected Information designated under this Protective Order as “Confidential –

Counsel Only” may only be disclosed to the following persons:

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a)

Outside counsel for the parties;

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b)

Paralegal, clerical, and secretarial personnel regularly employed by counsel

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referred to in subpart (a) directly above, including stenographic deposition reporters or

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videographers retained in connection with this action;

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c)

Court personnel including stenographic reporters or videographers engaged

in proceedings as are necessarily incidental to the preparation for the trial of the civil action;

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d)

Any expert or consultant retained in connection with this action; and

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e)

The finder of fact at the time of trial, subject to the court’s rulings on in

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limine motions and objections of counsel.

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8.

All Protected Information filed with the Court for any purpose shall be filed and

served under seal in accordance with Local Rule 141.

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9.

The designation of information as Protected Information, and the subsequent

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production thereof, is without prejudice to the right of any party to oppose the admissibility of the

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designated information.

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10.

A nonparty producing information or material voluntarily or pursuant to a

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subpoena or a court order may designate such material or information as Protected Information

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pursuant to the terms of this Protective Order. The signatories to this Protective Order will treat

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such information as Protected Information to the same extent as if it had been produced by a

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party.

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11.

A party may apply to the Court for an order that information designated as

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Protected Information pursuant to this Protective Order is not, in fact, “Confidential,” or

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appropriately designated as “Confidential – Counsel Only.” Prior to so applying, the party

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seeking to reclassify Protected Information shall meet and confer with the producing party. Until

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the matter is resolved by the parties or the Court, the Protected Information in question shall

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continue to be treated according to its designation under the terms of this Protective Order. The

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producing party shall have the burden of establishing the propriety of the “Confidential” or

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“Confidential – Counsel Only” designation. A party shall not be obligated to challenge the

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propriety of a confidentiality designation at the time made, and a failure to do so shall not

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preclude a subsequent challenge thereto.

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Each person to whom disclosure is made, with the exception of counsel, and its

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paralegal, clerical, and secretarial personnel, who are presumed to know the contents of this

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Protective Order, shall, prior to the time of disclosure, be provided by the person furnishing him

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or her such material, a copy of this Protective Order. Each person to whom disclosure is made

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shall agree on the record or in writing that he/she has read the Protective Order and he/she

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understands the provisions of the Protective Order. Such person must also consent to be subject

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to the jurisdiction of the United States District Court, Eastern District of California, with respect

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to any proceeding related to enforcement of this Protective Order, including without limitation,

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any proceeding for contempt. Provisions of this Protective Order, insofar as they restrict

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disclosure and use of the material, shall be in effect until further order of this Court.

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13.

If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this Stipulated

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Protective Order, the receiving party must immediately (a) notify in writing the designating party

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of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, and (c) inform the person or persons to whom unauthorized disclosures were

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made of all the terms of this Order.

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14.

When a producing party gives notice to the receiving party or the receiving party

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otherwise becomes aware that certain inadvertently produced material is subject to a claim of

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privilege or other protection, the receiving party must promptly return or destroy the specified

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information and any copies it has and may not sequester, use or disclose the information until the

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claim is resolved. This includes a restriction against presenting the information to the Court for a

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determination of the claim. This provision is not intended to modify whatever procedure may be

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established in an e-discovery order that provides for production without prior privilege review.

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Pursuant to Federal Rule of Evidence 502(d) and (e), the production of privileged or work-

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product protected documents or information, including electronically stored information, whether

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inadvertent or not, is not a waiver of the privilege or protection in connection with discovery in

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this case or any other federal proceeding.

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15.

After the conclusion of this litigation, all documents, in whatever form stored or

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reproduced, containing Protected Information will remain confidential and subject to this

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Protective Order. The conclusion of this litigation means a termination of the case following

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applicable post-trial motions, appeal and/or retrial. After the conclusion of this litigation, all

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Protected Information received under the provisions of this Protective Order, including copies

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made, shall be destroyed, or tendered back to the attorneys for the party or parties producing the

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documents. The parties will also take all reasonable and necessary steps to ensure that persons to

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whom they disclose another party’s Protected Information destroy or return the Protected

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Information to the producing party.

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Dated: September 28, 2015

MORRISON & FOERSTER LLP

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By: /s/ Alexandria A. Amezcua
ALEXANDRIA A. AMEZCUA

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Attorneys for Plaintiffs

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Dated: September 28, 2015

FERGUSON, PRAET & SHERMAN

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By: /s/ Bruce D. Praet
Bruce D. Praet

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Attorney for Defendants
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The Stipulated Protective order in the above matter is approved.

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IT IS SO ORDERED.

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Dated:

October 20, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE