Villareal v. County of Fresno

Filing 154

STIPULATED PROTECTIVE ORDER authorizing limited disclosure of confidential records 153 signed by Magistrate Judge Erica P. Grosjean on 10/28/2019. (Lundstrom, T)

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Leslie M. Dillahunty, Esq. Bar No. 195262
Ashley N. Reyes, Esq.
Bar No. 312120

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WEAKLEY & ARENDT
A Professional Corporation
5200 N. Palm Avenue, Suite 211
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants, County of Fresno and Sheriff Margaret Mims

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELAINE K. VILLAREAL,

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Plaintiffs,

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vs.

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COUNTY OF FRESNO and SHERIFF
MARGARET MIMS,
Defendants.

) CASE NO. 1:15-cv-01410-DAD-EPG
)
) STIPULATED PROTECTIVE ORDER
) AUTHORIZING LIMITED DISCLOSURE
) OF CONFIDENTIAL RECORDS
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)
) Complaint Filed: September 17, 2015
) Trial Date: November 10, 2020

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IT IS STIPULATED by and between the parties that certain County of Fresno Sheriff’s

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Department documentation, specifically relevant portions of the Jail Policy and Procedures

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Manual and certain personal information pertaining to individuals housed with the plaintiff

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during those times relevant to her complaint, may be disclosed to the Jeff Dominic Price,

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attorney for the plaintiff, Elaine K. Villareal, and the law firm of Weakley & Arendt, A

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Professional Corporation, attorneys for the County of Fresno and Sheriff Margaret Mims, in the

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civil case of Elaine K. Villareal v. County of Fresno, et al., United States District Court, Eastern

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District of California, Case No. 1:15-cv-01410-DAD-EPG. As was discussed at the discovery

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dispute conference of February 8, 2019, held at 3:00 p.m., and as concluded by the Court after

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considerable discussion and argument, the portions of the Jail Policy and Procedure Manual are
Stipulated Protective Order

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to be produced pursuant to a protective order due to safety concerns, both for correctional staff

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and for those individuals housed at the jail, should those policies and procedures be made

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public. As the Court additionally concluded, the personal information pertaining to individuals

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who are not parties to the subject litigation involves sensitive matters which should not be

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disclosed or otherwise made available to the public.
PROTECTIVE ORDER

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1.

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The disclosed documents shall be used solely in connection with the civil case of

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Elaine K. Villareal v. County of Fresno, et al., United States District Court, Eastern District of

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California, Case No. 1:15-cv-01410-DAD-EPG, in the discovery and trial of this case, or any

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related proceeding, and not for any other purpose or in any other litigation.
2.

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The documents may only be disclosed to the following persons:

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a) counsel for the parties and all parties to this action;

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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 retained in

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connection with this action;
c) court personnel including stenographic reporters engaged in proceedings as

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are necessarily incidental to the preparation for the trial of the civil action;
d) any expert, consultant or investigator, either non-retained or retained, in

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connection with this action;

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e) witnesses other than plaintiff may have the documents disclosed to them in

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preparation for trial as deemed necessary by counsel, including disclosure in connection with

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investigation, discovery proceedings, law and motion matters, arbitration, and/or trial only; the

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witnesses may not leave the deposition, arbitration or trial with copies of the documents, and

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shall be bound by the provisions of paragraph 3. Any documents attached to a deposition

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transcript will be attached under seal.
f) the finder of fact at the time of trial subject to the court’s rulings on in limine

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motions and objections of counsel.

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Stipulated Protective Order

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3.

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Each person to whom disclosure is made with the exception of counsel, who are

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presumed to know the contents of this protective order shall, prior to the time of disclosure, be

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provided by the person furnishing him or her such material, a copy of the Protective Order.

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Each person to whom disclosure is made shall agree on the record or in writing that he/she has

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read the Protective Order and he/she understands the provisions of that Order. Such person

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must also consent to be subject to the jurisdiction of the United States District Court, Eastern

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District of California, with respect to any proceeding related to enforcement of this Order,

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including without limitation, any proceeding for contempt. Provisions of this Order, insofar as

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they restrict disclosure and use of the material, shall be in effect until further order of this Court.
4.

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Any confidential document subject to this Protective Order that is attached as an

exhibit to a deposition shall be done so under seal and identified as confidential.
5.

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At the conclusion of this litigation, all confidential documents received under the

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provisions of this Order, including copies made, shall be destroyed, or tendered back to the

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agency or department from which they were obtained. The conclusion of this litigation means a

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termination of the case following applicable post-trial motions, appeal and/or retrial.

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DATED: October 25, 2019

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By:

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/s/ Jeff Dominic Price
Jeff Dominic Price, attorney for
Plaintiff, Elaine K. Villareal

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DATED: October 25, 2019

WEAKLEY & ARENDT
A Professional Corporation

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By:

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/s/ Leslie M. Dillahunty
Leslie M. Dillahunty attorneys for
County of Fresno and Sheriff Margaret Mims

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Stipulated Protective Order

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ORDER

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IT IS ORDERED that the parties’ Stipulated Protective Order Authorizing Limited

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Disclosure of Confidential Records (ECF No. 153) is APPROVED.

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IT IS SO ORDERED.
Dated:

October 28, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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Stipulated Protective Order

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