Berbereia, et al. v. County of Kings, et al.

Filing 17

Stipulation and Protective Order authorizing limited disclosure of confidential records, signed by Magistrate Judge Sheila K. Oberto on 9/26/2018. (Rosales, O)

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1 James J. Arendt, Esq. Bar No. 142937 Michelle E. Sassano, Esq. Bar No. 232368 2 Weakley & Arendt, LLP 1630 East Shaw Ave., Suite 176 Fresno, California 93710 Telephone: (559) 221-5256 Facsimile: (559) 221-5262 E-Mail: Attorneys for Defendants County of Kings, Marius Barsteceanu, Taylor Lopes, and Thomas Olsen 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) STACEY BERBEREIA, individually and on behalf of the ESTATE OF ALBERT HANSON, JR., DANIEL HANSON, and KIMBERLY NIZ, 13 Plaintiffs, 14 vs. 15 16 17 18 COUNTY OF KINGS; DEPUTY TAYLOR LOPES; DETECTIVE MARIUS BARSTECEANU; DEPUTY THOMAS OLSON; UNKNOWN LAW ENFORCEMENT OFFICERS 19 Defendants. 20 CASE NO. 1:16-cv-00363-LJO-SKO STIPULATION AND PROTECTIVE ORDER AUTHORIZING LIMITED DISCLOSURE OF CONFIDENTIAL RECORDS 21 IT IS HEREBY STIPULATED between the parties, through their respective counsel, 22 and ordered by this Court, that the following documents will be disclosed pursuant to this 23 stipulation and protective order: 24 1. November 19, 2012, Memorandum from Commander Steve Fry to Assistant 25 Sheriff David Putnam regarding Internal Affairs Investigation Report No. 26 2012-014 27 28 2. January 23, 2013, Memorandum from Assistant Sheriff David Putnam to Sheriff David Robinson regarding Administrative Report No. 2012-014 Stipulated Protective Order 1 1 3. 2 Sheriff David Putnam regarding KCSO Internal Affairs Report No. 2012- 3 4 015 4. 5 6 January 2, 2013, Memorandum from Commander Steve Fry to Assistant January 23, 2013, Memorandum from Assistant Sheriff David Putnam to Sheriff David Robison regarding Administrative Report No. 2012-015 5. January 4, 2016, Memorandum from Commander Rick Bradford to 7 Assistant Sheriff David Putnam regarding KCSO Internal Affairs Report 8 No. 2015-001 9 6. January 14, 2016, Memorandum from Assistant Sheriff David Putnam to 10 Sheriff David Robinson regarding KCSO Internal Affairs Report No. 2015- 11 001 12 7. January 20, 2016, Memorandum from Commander Rick Bradford to 13 Assistant Sheriff David Putnam regarding KCSO Internal Affairs 14 Investigation Report No. 2015-002 15 8. January 26, 2016, Memorandum from Assistant Sheriff David Putnam to 16 Sheriff David Robinson regarding KCSO Internal Affairs Report No. 2015- 17 002 18 The above-named documents which are maintained by the Kings County Sheriff’s 19 Office and requested by Plaintiffs through discovery, may be disclosed to counsel for the parties 20 pursuant to the protective order detailed below. The documents requested contain information 21 which is deemed confidential. The release of these documents pursuant to this Stipulation and 22 Protective Order does not waive the confidentiality privilege protecting the above-named 23 documents from general disclosure. 24 Based on the foregoing, IT IS HEREBY STIPULATED: 25 1. 26 27 28 The “Confidential” documents, and the information contained therein, shall be used solely in connection with this litigation in the preparation and trial of this case, or any related proceeding, and not for any other purpose or in any other litigation. The party producing the documents described above may designate them by affixing a mark labeling the documents Stipulated Protective Order 2 1 2 as “Confidential Material - Subject to Protective Order” (with the exception of photographs) provided that such marking does not obscure or obliterate the content of any document. In the 3 event an issue arises regarding a document’s designation, the parties will attempt to resolve it 4 informally before seeking the Court’s intervention. 5 6 2. The documents identified in this protective order may be disclosed only to the following persons: 7 a) the counsel for any party to this action; 8 b) paralegal, stenographic, clerical, and secretarial personnel regularly employed 9 by counsel referred to in (a); 10 11 c) court personnel including stenographic reporters engaged in proceedings as are necessarily incidental to preparation for the trial of this action; 12 13 d) any outside expert or consultant retained in connection with this action and not otherwise employed by either party; 14 e) any in-house expert designated by defendants to testify at trial in this matter; 15 f) witnesses may have the information disclosed to them during deposition 16 proceedings; the witnesses shall agree to be bound by the provisions of paragraph 3; g) the finder of fact at the time of trial subject to the court’s rulings on in limine 17 18 motions and objections of counsel; h) 19 20 21 the named parties in this action may review the confidential documents identified in this protective order but may not receive or retain any copies thereof. 3. Each person to whom the “confidential” documents or any portion thereof is 22 provided, with the exception of counsel who are presumed to know of the contents of this 23 protective order shall, prior to the time of disclosure, be provided by the person furnishing 24 him/her such information, a copy of this order, and shall consent to be subject to the jurisdiction 25 of the United States District Court for the Eastern District of California with respect to any 26 proceeding related to enforcement of this order, including without limitation, any proceeding for 27 28 contempt. The parties’ attorneys shall be responsible for internally tracking the identities of those individuals to whom copies of documents marked “Confidential” are given. Provisions of Stipulated Protective Order 3 1 2 3 4 this order insofar as they restrict disclosure and use of the material shall be in effect until further order of this Court. Should the case proceed to trial, the designation and treatment of the confidential information will be revisited. This stipulation and protective order shall not be used as a basis for excluding any evidence at the trial of this matter. 5 4. Confidential information and/or documents that a party intends to use in support 6 of or in opposition to a pre-trial filing with the Court must be filed in accordance with the 7 Eastern District of California Local Rule 141 relating to under seal filings. Any document filed 8 with the Court that includes confidential information shall be submitted under sealed label with 9 a cover sheet as follows: "This document is subject to a protective order issued by the Court 10 and may not be copied or examined except in compliance with that order." Such document 11 shall be kept by the Court under seal and made available only to the Court or counsel. 12 5. Should any document designated confidential be disclosed, through inadvertence 13 or otherwise, to any person not authorized to receive it under this Protective Order, the 14 disclosing person(s) shall promptly (a) inform the County of Kings of the recipient(s) and the 15 circumstances of the unauthorized disclosure to the relevant producing person(s) and (b) use 16 best efforts to bind the recipient(s) to the terms of this Protective Order. No information shall 17 lose its confidential status because it was disclosed to a person not authorized to receive it under 18 this Protective Order. 6. 19 After the conclusion of this litigation, the documents, in whatever form stored or 20 reproduced, containing “confidential” information will remain confidential, and if filed with the 21 Court, shall remain under seal. All parties also ensure that all persons to whom “confidential” 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 /// /// Stipulated Protective Order 4 1 2 3 4 documents were disclosed shall destroy those documents. The conclusion of this litigation means termination of the case following applicable post-trial motions, appeal and/or retrial. After the conclusion of this litigation, all confidential documents received under the provisions of this Protective Order, including all copies made, shall be destroyed. 5 6 Dated: September 22, 2017 WEAKLEY & ARENDT, LLP 7 By: 8 9 /s/ James J. Arendt James J. Arendt Michelle E. Sassano Attorneys for Defendants 10 11 12 Dated: September 22, 2017 LAW OFFICE OF KEVIN G. LITTLE 13 /s/ Kevin G. Little Kevin G. Little Attorneys for Plaintiffs 14 15 16 17 ORDER 18 19 20 21 22 IT IS SO ORDERED. Dated: September 26, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 Stipulated Protective Order 5 .

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