Utley v. Acevedo et al

Filing 63

ORDER RE STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIAL MEMORANDUM. The parties stipulated protective order is approved; The parties are advised that pursuant to the Local Rules of the United States District Court, Eastern District of California, a ny documents which are to be filed under seal will require a written request which complies with Local Rule 141; and The party making a request to file documents under seal shall be required to show good cause for documents attached to a nondispositive motion or compelling reasons for documents attached to a dispositive motion. Pintos v. Pacific Creditors Assn, 605 F.3d 665, 677-78 (9th Cir. 2009). Signed by Magistrate Judge Stanley A. Boone on 8/22/2016. (Hernandez, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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VANCE UTLEY,

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v.

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Case No. 1:15-cv-01086-DAD-SAB
Plaintiff, ORDER RE STIPULATION FOR
PROTECTIVE ORDER RE
CONFIDENTIAL MEMORANDUM

ACEVEDO, et al.,

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Defendants.

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Subject to the approval of the Court, and in accordance with the Court’s August 19, 2016

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Order (ECF No. 60) ordering Defendants to produce a confidential memorandum, the parties,

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through their respective counsel, stipulate that the following provisions shall apply to the

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confidential memorandum.

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A. CONFIDENTIAL MEMORANDUM SUBJECT TO THIS PROTECTIVE ORDER

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This stipulation pertains to a confidential memorandum dated November 25, 2014, by

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Lieutenant C. Garza to Captain M. Hacker, concerning an assault on Plaintiff by another inmate

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on that date. Because of safety and security concerns, this memorandum may not be given or

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copied to anyone except as provided for by this stipulation. A protective order is necessary to

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maintain the confidentiality of these documents.

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B. CONDITIONS FOR RELEASE OF THE CONFIDENTIAL MEMORANDUM

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1. The confidential memorandum shall be marked “Confidential—Attorneys’ Eyes Only”

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on each page, and marked in such fashion so as not to obscure any of the underlying content of

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the document.
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2. The confidential memorandum may be disclosed to only the following persons:

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(a) Counsel for Plaintiff;

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

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is reasonably necessary to disclose the information for this litigation;

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(c) Court personnel and court reporters employed by the Court who are involved in
proceedings for this action;
(d) Any other person as to whom Plaintiff’s counsel and Defendants agree in writing.

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3. Plaintiff’s counsel shall not disclose the contents of the confidential memorandum to

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Plaintiff, members of Plaintiff’s family, friends or associates of Plaintiff, any inmate or parolee,
or the public.

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4. No later than thirty days after the conclusion of the trial and any appeal, or upon other

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termination of this litigation, all copies of the confidential memorandum in possession of

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Plaintiff’s counsel shall destroy all copies of the confidential memorandum.
5. Upon appropriate written request by Defendants’ counsel, Plaintiff’s counsel will

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provide written confirmation that all copies of the confidential memorandum in his possession,

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and in the possession of those he has provided copies to, have been destroyed.
6. The confidential memorandum provided to Plaintiff’s counsel shall not be disclosed

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except as is necessary in connection with this or related litigation, including appeals, and not for

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any other purpose, including any other litigation.

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

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8. Nothing in this protective order is intended to prevent officials or employees of the State

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of California, or other authorized government officials, from having the same access to the

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confidential memorandum that they would have in the normal course of their official duties.

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9. The provisions of this protective order are without prejudice to the right of any party to
apply to the Court for a further protective order relating to the confidential memorandum.

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10. The provisions of this order shall remain in full force and effect until further order of
this Court.
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Dated: August 22, 2016

_____/s/ David A. Carrasco__________
DAVID A. CARRASCO
Deputy Attorney General
Attorney for Defendants
Acevedo and Wimer

Dated: August 22, 2016

_____/s/ Ken I. Karan_______________
KEN I. KARAN
Law Office of Ken I. Karan
Attorney for Plaintiff Utley

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ORDER

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1.

The parties stipulated protective order is approved;

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2.

The parties are advised that pursuant to the Local Rules of the United States

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District Court, Eastern District of California, any documents which are to be

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filed under seal will require a written request which complies with Local

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Rule 141; and

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3.

The party making a request to file documents under seal shall be required to

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show good cause for documents attached to a nondispositive motion or

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compelling reasons for documents attached to a dispositive motion. Pintos v.

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Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009).

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IT IS SO ORDERED.

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Dated:

August 22, 2016
UNITED STATES MAGISTRATE JUDGE

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