Vidrio v. Gipson, et al.

Filing 25

STIPULATION and PROTECTIVE ORDER. Order signed by Magistrate Judge Sheila K. Oberto on 10/11/2016. (Timken, A)

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1 2 3 4 5 6 7 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California MISHA D. IGRA, State Bar No. 208711 Supervising Deputy Attorney General BYRON M. MILLER, State Bar No. 279762 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 323-2606 Fax: (916) 324-5205 E-mail: Attorneys for Defendants Gipson and Davey 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 OSCAR VIDRIO, 14 1:16-cv-00021 SKO Plaintiff, STIPULATION AND PROTECTIVE ORDER 15 v. Judge: Hon. Sheila K. Oberto Action Filed: January 6, 2016 16 C. GIPSON, et al., 17 Defendants. 18 19 20 21 The parties submit the following stipulation and proposed protective order for the Court’s consideration. 22 STIPULATION AND PROTECTIVE ORDER 23 A. The Confidential Material Subject to this Protective Order. 24 The following Confidential Material, responsive to Plaintiff’s first set of requests for 25 26 27 28 production, Nos. 1, 6, 9, and 11, is the subject of this protective order: • Confidential Prisoner Transport Procedures, DOM 55060 Supplement, January 2013; and • Confidential portion of Plaintiff Oscar Vidrio’s Central File. 1 Stipulation and Protective Order (1:16-cv-00021 SKO) 1 B. CDCR Treats the Confidential Material as Confidential. 2 The California Department of Corrections and Rehabilitation (“CDCR”) treats the 3 Confidential Prisoner Transport Procedures as confidential under California Code of Regulations, 4 Title 15, Section 3321(a)(1) and (a)(2), and as protected official-information because the 5 institutional security and the safety of persons at CDCR prisons across the state could be 6 endangered if the document is disclosed. Therefore, the documents may not be provided to 7 Plaintiff, a parolee, under Title 15, section 3450(d) of the California Code of Regulations. 8 Government Code section 6254(f) also precludes the disclosure of security procedures of 9 corrections agencies to the public. 10 Further, CDCR treats the confidential portion of Plaintiff’s Central File as confidential 11 because disclosure of nonparty inmates’ identifying information (including, but not limited to, 12 names, CDCR numbers, and assigned cell numbers) would violate those inmates’ right to privacy 13 under California law. See Cal. Civil. Code § 1798.24. The documents are also considered 14 confidential and official-information privileged because the disclosure of inmates’ identifying 15 information presents security concerns, as inmates sometimes use such information to locate, 16 identify, or retaliate against other inmate or parolees. Cal. Code Regs. tit. 15, §§ 3321(a)(1), 17 3321(a)(2), 3450(d). Therefore, the document may not be provided to Plaintiff, a parolee, under 18 Title 15, section 3450(d) of the California Code of Regulations. 19 C. The Parties’ Stipulation. 20 Counsel for Defendants will produce the Confidential Material described above, subject to 21 22 23 the notice requirements of California Civil Code Section 1798.24 and this protective order. The Parties stipulate: 1. Defendants shall conspicuously mark the Confidential Material: 24 “CONFIDENTIAL–SUBJECT TO PROTECTIVE ORDER [ATTORNEYS’ EYES ONLY]” 25 2. The Confidential Material may be disclosed only to Plaintiff’s attorneys, CDCR 26 staff, the Defendants in this action, and Defendants’ attorneys. Plaintiff’s counsel may only 27 disclose the Confidential Material to a person retained as an expert witness or consultant to whom 28 2 Stipulation and Protective Order (1:16-cv-00021 SKO) 1 disclosure is reasonably necessary for this litigation and who agrees to be bound by this 2 Stipulation and Protective Order by completing Exhibit A. 3 4 3. The Confidential Material shall not be disclosed to Plaintiff, members of Plaintiff’s family, friends, or associates, or to any inmate or parolee, or to the public. 5 6 4. The Confidential Material shall not be disclosed except as is necessary in connection with this litigation, including appeals, and not for any other purpose, or any other litigation. 7 5. To the extent the Confidential Material is filed with the Court, it will be filed and 8 maintained under seal. The parties are referred to Local Rule 141 regarding the filing of 9 documents under seal. 10 6. Plaintiff’s counsel shall destroy all copies of the Confidential Material—or return 11 them to the attorney for Defendants—within five days of the time it is no longer needed for 12 purposes of this litigation. 13 7. If the attorney-client relationship with Plaintiff and his counsel ends, Plaintiff’s 14 counsel shall destroy all copies of the Confidential Material—or return them to the attorney for 15 Defendants— within five days of that time. 16 8. Nothing in this protective order is intended to prevent officials or employees of the 17 State of California, or other authorized government officials, from having access to the 18 Confidential Material in the normal course of their official duties. 19 9. The provisions of this protective order are without prejudice to the right of any 20 party: (a) to apply to the Court for a further protective order relating to the Confidential Material 21 or any other confidential material relating to discovery in this litigation; (b) to apply to the Court 22 for an order removing the Confidential Material designation; or (c) to object to a discovery 23 request. 24 25 10. Violation of this order may result in sanctions up to and including dismissal of this case, at the discretion of the Court. 26 The provisions of this order shall remain in full force and effect until further order of this 27 Court or upon termination of this action either by verdict or settlement. 28 /// 3 Stipulation and Protective Order (1:16-cv-00021 SKO) 1 It is so stipulated. 2 3 4 /s/ Peter M. Williamson Peter M. Williamson, Counsel for Plaintiff Oscar Vidrio 5 6 7 8 /s/ Byron M. Miller Byron M. Miller, Counsel for Defendants Gipson and Davey 9 10 11 ORDER 12 13 IT IS SO ORDERED. 14 Dated: October 11, 2016 /s/ 15 Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Stipulation and Protective Order (1:16-cv-00021 SKO) 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Eastern District of 6 California on _____________________[date] in the case of Vidrio v. Gipson, et. al., United States Eastern 7 District Court Case No. 1:16-cv-00021 SKO. I agree to comply with and to be bound by all the terms of 8 this Stipulated Protective Order and I understand and acknowledge that failure to so could expose me to 9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 10 manner any information or item that is subject to this Stipulated Protective Order to any person or entity 11 except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 14 such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as my 17 California agent for service of process in connection with this action or any proceedings related to 18 enforcement of this Stipulated Protective Order. 19 20 Date: _________________________________ 21 City and State where sworn and signed: _________________________________ 22 Printed name: ______________________________ [printed name] Signature: __________________________________ [signature] 23 24 25 26 27 SA2016101771 28 5 Stipulation and Protective Order (1:16-cv-00021 SKO)

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