Utley v. Acevedo et al

Filing 22

ORDER On Stipulation For Protective Order, signed by Magistrate Judge Stanley A. Boone on 4/12/2016. (Fahrney, E)

1
2
3
4
5
6
7
8
9
10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE EASTERN DISTRICT OF CALIFORNIA

12
13

VANCE UTLEY,

Plaintiff, ORDER ON STIPULATION FOR
PROTECTIVE ORDER

14
15

1:15-cv-01086-DAD-SAB

v.
Action Filed: July 14, 2015

16
C. O. ACEVEDO, et al.,
17
Defendants.
18
19
20
21

Plaintiff Vance Utley and Defendants Acevedo and Wimer, through their respective
counsel, stipulate to a protective order as follows:

22

A. CONFIDENTIAL MATERIAL SUBJECT TO THIS PROTECTIVE ORDER

23

Plaintiff has subpoenaed documents from the custodian of records for the California

24

Substance Abuse Treatment Center and State Prison that include confidential matter consisting of

25

(1) documents from the central files of inmates who are not parties to this action; (2) documents

26

that make reference to personal information of inmates who are not parties to this action, (3) post

27

orders of the two Defendants. The documents relating to inmates who are not parties to this

28

action are confidential under title 15, section 2270 of the California Code of Regulations.

1

1

Defendants’ post orders reveal information about the activities and practices of custody officers.

2

The disclosure of these documents could jeopardize the safety staff and inmates, and the security

3

of the institution. A protective order is necessary to maintain the confidentiality of these

4

documents.

5

B. CONDITIONS FOR RELEASE OF CONFIDENTIAL MATERIAL

6

To enable Plaintiff and Defendants to use the confidential documents for purposes of this

7

litigation, Defendants agree to release the confidential documents to Plaintiff’s attorney on the

8

following conditions:

9

1. The confidential material may be disclosed only to the following persons:

10

(a) Counsel of record for Plaintiff in this action;

11

(b) Legal and non-legal staff employed or retained by counsel for Plaintiff to whom it

12

is reasonably necessary to disclose the information for this litigation;

13
14

(c) Court personnel and stenographic reporters engaged in such proceedings as are
incidental to the preparation for the trial in this action;

15
16
17

(d) Any outside expert or consultant retained by Plaintiff’s counsel for purposes of this
action;
(e) Witnesses during the preparation for trial and trial, provided that no witness may

18

have copies of any of the confidential material, and each witness shall be informed and agree to

19

be bound by the terms of this order. In no event may Plaintiff or any other inmate have

20

possession of any material that is subject to this stipulation.

21
22

(f) The jury during the presentation of evidence and the jurors’ deliberations.
2. Plaintiff’s counsel and legal and non-legal staff employed or retained by counsel for

23

Plaintiff shall not make copies of the confidential material except as necessary for purposes of

24

this litigation.

25

3. At the conclusion of this case, all confidential material in possession of Plaintiff’s

26

counsel shall be destroyed or returned to Defendants’ counsel within 20 days of written request

27

by Defendants’ counsel.

28
2

1

4. Upon appropriate written request by Defendants’ counsel, Plaintiff’s counsel will

2

provide written confirmation that the confidential material has been returned or destroyed.
5. No confidential material provided to Plaintiff’s counsel shall be disclosed except as is

3
4

necessary in connection with this or related litigation, including appeals, and not for any other

5

purpose, including any other litigation.

6
7

6. Any confidential material filed with the Court by either party shall be filed and
maintained under seal.

8
9
10

7. Nothing in this protective order is intended to prevent officials or employees of the State
of California, or other authorized government officials, from having access to confidential
material to which they would have access in the normal course of their official duties.

11

8. The provisions of this protective order are without prejudice to the right of any party:

12

(a) To apply to the Court for a further protective order relating to any confidential

13

material or relating to discovery in this litigation;

14
15

(b) To apply to the Court for an order removing the confidential material designation
from any documents;

16
17

9. Nothing in this stipulation is intended to prevent the parties from seeking to admit the
confidential information into evidence.

18
19

10. The provisions of this order shall remain in full force and effect until further order of
this Court.

20

IT IS SO STIPULATED.

21

Dated: April 6, 2016

____/s/ David A. Carrasco___________
DAVID A. CARRASCO
Attorney for Defendants
Acevedo and Wimer

Dated: April 5, 2016

____/s/ Ken Karan_________________
KEN I. KARAN
Attorney for Plaintiff Utley

22
23
24
25
26
27

\\\

28
3

1

Any documents and other information designated as Confidential Information pursuant

2

hereto will not be automatically sealed as the parties must comply with the requirements of Local

3

Rule 141 of the Eastern District of California before any sealing is considered.

4
5
6

IT IS SO ORDERED.
Dated:

April 12, 2016
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4